{
  "url": "https://openlegislation.uk/national-health-service-and-community-care-act-1990/section-4A",
  "json_url": "https://openlegislation.uk/national-health-service-and-community-care-act-1990/section-4A.json",
  "legislation": "ukpga/1990/19",
  "legislation_title": "National Health Service and Community Care Act 1990",
  "legislation_url": "https://openlegislation.uk/national-health-service-and-community-care-act-1990",
  "path": "section/4A",
  "kind": "section",
  "number": "4A",
  "heading": "Provision of certain services under NHS contracts.",
  "text": "(1) This section applies to any arrangement under which a Strategic Health Authority,a Primary Care Trust, a Health Authority or such other health service body as may be prescribed arrange for the provision to them—\n(a) by a person on an ophthalmic list, . . .\n(aa) by a contractor under a general ophthalmic services contract, or\n(b) by a person on a pharmaceutical list,\nof goods or services that they reasonably require for the purposes of functions which they are exercising under Part I of the principal Act other than under section 16CD of that Act.\n(2) Any such arrangement is to be treated as an NHS contract for the purposes of section 4 (other than subsections (4) and (6)).\n(3) In this section—\n“general ophthalmic services contract” and “contractor” under such a contract have the meanings given by section 28WA of the principal Act;\n“health service body” means a body which is a health service body for the purposes of section 4;\n“ophthalmic list” means a list published in accordance with regulations made under—\n(a)section 39(1)(a) of the principal Act;\n(b)section 26(2)(a) of the National Health Service (Scotland) Act 1978; or\n(c)Article 62(2)(a) of the Health and Personal Social Services (Northern Ireland) Order 1972; and\n“pharmaceutical list” means a list published in accordance with regulations made under—\n(a)section 42(2)(a) of the principal Act;\n(b)section 27(2) of the National Health Service (Scotland) Act 1978; or\n(c)Article 63(2A)(a) of the 1972 Order.\n(4) In subsection (3), in paragraph (b) of the definition of “ophthalmic list” the reference to a list published in accordance with regulations made under paragraph (a) of section 26(2) of the National Health Service (Scotland) Act 1978 is a reference to the first part of the list (referred to in sub-paragraph (i) of that paragraph) which is published in accordance with regulations under that paragraph.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 4A inserted (1.9.1997) by 1997 c. 46, s. 31(1); S.I. 1997/1780,"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 4A repealed (1.3.2007 for certain purposes, 1.8.2008 for certain purposes and otherwise prosp.) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2)(4)(g)(h)(l)(5)(6), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1); S.I. 2008/1972, art. 2(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 4A(1) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 41; S.I. 2002/2478, art. 3(1)(c) (with art. 3(3) and transitional provision in art. 4)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 4A(1) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 54; S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in s. 4A(1)(a) omitted (1.8.2008) by Health Act 2006 (c. 28), ss. 80(1), 83(7), Sch. 8 para. 29(2)(a); S.I. 2008/1972, art. 2(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "S. 4A(1)(aa) inserted (1.8.2008) by Health Act 2006 (c. 28), ss. 80(1), 83(7), Sch. 8 {para. 29(2)(a)}; S.I. 2008/1972, art. 2(b)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in s. 4A(1) inserted (1.8.2008) by Health Act 2006 (c. 28), ss. 80(1), 83(7), Sch. 8 para. 29(2)(b); S.I. 2008/1972, art. 2(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "S. 4A(3): definition of \"general ophthalmic services contract\" and \"contractor\" inserted (19.7.2006 for specified purposes, otherwise 1.8.2008) by Health Act 2006 (c. 28), ss. 80(1), 83(1)(e)(7), Sch. 8 {para. 29(3)}"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in s. 4A(3) substituted (1.7.2002) by virtue of 2001 c. 15, s. 67, Sch. 5 Pt. 1 para. 8 (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2, Sch. Pt. 1"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "S. 4A(4) inserted (1.4.2006) by The Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056, arts. 1(2)(c), 2, Sch. para. 5(c) (which came into force in accordance with art. 1(2) of that Order and The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 (S.S.I. 2006/135) which were made on 10.3.2006 under substituted s. 26 of the National Health Service (Scotland) Act 1978 (c. 29) and came into force on 1.4.2006)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1978 c. 29."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "S.I. 1972/1265 (N.I.14)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "word omitted",
      "affecting": "uksi/2006/1056",
      "affecting_title": "The Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006"
    },
    {
      "type": "added",
      "affecting": "uksi/2006/1056",
      "affecting_title": "The Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2006/1056",
      "affecting_title": "The Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1990/19/section/4A",
    "retrieved_at": "2026-10-29T09:43:11.905057+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}