Regulation 20 Purchase of goods and services

the proposed provider is either a health authority, within the meaning of the 1977 Act, or an NHS Trust;

the proposed provider either has itself provided, or has assumed responsibility for the relevant establishments or facilities of a body which provided, such district nursing or health visiting services or both, whether under an NHS contract or not and whether to the patients of the members of the fund-holding practice or not, for the whole of the calendar year ending on the date from which the proposed services are to be purchased; and

the volume of district nursing and health visiting services which the members of the practice propose to purchase is at least that which the Regional Health Authority, in its determination of the allotted sum payable to the members of the fund-holding practice in accordance with section 15(1) of the 1990 Act^f1, determined was expected to be purchased for the benefit of individuals on the lists of patients of members of the fund-holding practice.

the Regional Health Authority has consented in writing to the purchase of those goods or services from that provider; or

it is impracticable, having regard to the condition of the patient, to obtain the consent and no alternative provider is available; or

the provider is a health service body other than a fund-holding practice.

in the case of consent under paragraph (4), where they propose any reduction in the level of the services in respect of which the consent was given; and

in the case of consent under paragraph (5), of any change either in the facilities available at, or the charges made by, the provider in respect of which the consent was given.

“district nursing services” means services provided by or under the direction of a nurse who is employed by a health authority or an NHS Trust and who has a qualification in district nursing recorded in the register of qualified nurses, midwives and health visitors prepared and maintained by the Central Council for Nursing, Midwifery and Health Visiting in accordance with section 10 of the Nurses, Midwives and Health Visitors Act 1979^f2;

“health visiting services” means services provided by or under the direction of a health visitor who is employed by a health authority or an NHS Trust and whose name is included in Part 11 of the register of qualified nurses, midwives and health visitors prepared and maintained by the Central Council for Nursing, Midwifery and Health Visiting in accordance with section 10 of the Nurses, Midwives and Health Visitors Act 1979;

a member of a fund-holding practice shall be treated as connected with a provider if–

and in this sub-paragraph “close relative” means a husband, wife, brother, sister, father, mother, son or daughter;

“provider” means any person or body with whom the members of a fund- holding practice contract or propose to contract for the purchase of any of the goods and services specified in the list mentioned in paragraph (2).