{
  "url": "https://openlegislation.uk/national-health-service-scotland-act-1978/section-17AA",
  "json_url": "https://openlegislation.uk/national-health-service-scotland-act-1978/section-17AA.json",
  "legislation": "ukpga/1978/29",
  "legislation_title": "National Health Service (Scotland) Act 1978",
  "legislation_url": "https://openlegislation.uk/national-health-service-scotland-act-1978",
  "path": "section/17AA",
  "kind": "section",
  "number": "17AA",
  "heading": "Provision of certain services under NHS contracts.",
  "text": "(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—\n(a) by a person on an ophthalmic list, 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 this Act.\n(2) Any such arrangement is to be treated as an NHS contract for the purposes of section 17A (other than subsections (5) and (7)).\n(3) In this section—\n“ health service body ” means a person or body which is a health service body for the purposes of section 17A;\n“ ophthalmic list ” means\n(a) in 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;\n(b) a list published in accordance with regulations made under section 39(a) of the National Health Service Act 1977; or\n(c) a list published in accordance with regulations made under 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 27(2) of this Act;\n(b) section 42(2)(a) of the National Health Service Act 1977; or\n(c) Article 63(2A)(a) of the 1972 Order.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 17AA inserted (1.9.1997) by 1997 c. 46, s. 31(2); S.I. 1997/1780, art. 2(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1977 c. 49."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "S.I. 1972/1265 (N.I.14)."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "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))"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "asp/2005/13",
      "affecting_title": "Smoking, Health and Social Care (Scotland) Act 2005"
    },
    {
      "type": "words inserted",
      "affecting": "asp/2005/13",
      "affecting_title": "Smoking, Health and Social Care (Scotland) Act 2005"
    },
    {
      "type": "words repealed",
      "affecting": "asp/2005/13",
      "affecting_title": "Smoking, Health and Social Care (Scotland) Act 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1978/29/section/17AA",
    "retrieved_at": "2026-10-31T10:30:48.038600+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."
}