Paragraph 22 F1

Scotland

(1)

In any case where an NHS trust provides goods or services for the benefit of an individual and—

(a)

those goods or services are not provided pursuant to an NHS contract; and

(b)

the condition of the individual is such that he needs those goods or services and, having regard to his condition, it is not practicable before providing them to enter into an NHS contract for their provision, and

(c)

the provision of those goods or services is a function of a Health Board or is within the primary functions of a F2Health Authority established under section 8 of the National Health Service Act 1977, F3or is within the functions of a Health and Social Care trust mentioned in Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991(S.I. 1991/194 (N.I. 1)) F4. . .

the trust shall be remunerated by that Board F5. . . F6or F7Health and Social Care trust in respect of the provision of the goods or services in question.

(2)

The rate of any remuneration payable by virtue of sub-paragraph (1) shall be calculated in such manner or on such basis as may be determined by the Secretary of State.

Annotations

Textual amendments

F1: Schs. 7A, 7B inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 32, Sch. 6
F2: Words in Sch. 7A para. 22(1)(c) substituted (28.6.1995 for certain purposes and 1.4.1996 for all other purposes) by 1995 c. 17, ss. 2(1), 2(3), 8(1), Sch. 1 Pt. III para. 102(7)(b)(i) (with Sch. 2 para. 6)
F3: Words in Sch. 7A para. 22(1)(c) inserted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 25(4)(a)
F4: Words in Sch. 7A para. 22(1)(c) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(c), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2
F5: Words in Sch. 7A para. 22(1) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 4 para. 62(c), Sch. 5; S.S.I. 1999/90, art. 2(a)-(c), Schs. 1, 2
F6: Words in Sch. 7A para. 22(1) inserted by S.I. 1991/195, art. 4(6)
F7: Words in Sch. 7A para. 22(1) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 25(4)(b)

Notes on Schedule 7A

Textual amendments

F1: Sch. 7A repealed (1.9.2004 but only for the purpose stated in art. 2(a)(i) of the commencing S.S.I.) by National Health Service Reform (Scotland) Act 2004 (asp 7), ss. 1(1), 12(1), S.S.I. 2004/361, art. 2(a)(i)

Modifications

C1: Sch. 7A applied in part (1.4.1999) by S.I. 1999/686, art. 5(1)(2)