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Section 17AA Provision of certain services under NHS contracts.C1F1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies to any arrangement under which a Health Board or such other health service body as may be prescribed arrange for the provision to them—

(a)

by a person on an ophthalmic list, or

(b)

by a person on a pharmaceutical list,

of goods or services that they reasonably require for the purposes of functions which they are exercising under Part I of this Act.

(2)

Any such arrangement is to be treated as an NHS contract for the purposes of section 17A (other than subsections (5) and (7)).

(3)

In this section—

  • “ health service body ” means a person or body which is a health service body for the purposes of section 17A;

  • “ ophthalmic list ” means

    1. (a)

      F2in relation to a list published in accordance with regulations made under paragraph (a) of section 26(2) of this Act, the first part of the list which is referred to in sub-paragraph (i) of that paragraph;

    2. (b)

      F3 a list published in accordance with regulations made under section 39(a) of the M1 National Health Service Act 1977; or

    3. (c)

      a list published in accordance with regulations made under article 62(2)(a) of the M2 Health and Personal Social Services (Northern Ireland) Order 1972; and

  • “ pharmaceutical list ” means a list published in accordance with regulations made under—

    1. (a)

      section 27(2) of this Act;

    2. (b)

      section 42(2)(a) of the National Health Service Act 1977; or

    3. (c)

      Article 63(2A)(a) of the 1972 Order.

Annotations

Textual amendments

F1

S. 17AA inserted (1.9.1997) by 1997 c. 46, s. 31(2); S.I. 1997/1780, art. 2(3)

F2

S. 17AA(3): words in definition of "ophthalmic list" substituted (1.4.2006) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(1), 43(3), Sch. 2 para. 2(5)(a); S.S.I. 2006/121, art. 3(b), Sch. 2

F3

S. 17AA(3): words in definition of "ophthalmic list" inserted (1.4.2006) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(1), 43(3), Sch. 2 para. 2(5)(b); S.S.I. 2006/121, art. 3(b), Sch. 2

Marginal citations

M1

1977 c. 49.

M2

S.I. 1972/1265 (N.I.14).

Modifications

C1

Pt. 1 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 1 (with art. 4(4)(5))