OpenLegislation

Section 279 Health service practitioners.

England, Wales and Scotland

F1(1)

In this Act worker includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person F2performing F3... personal dental services or providing ... general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made—

(a)

by F4NHS England F5under section 126 of the National Health Service Act 2006 F6or F7a F8Local Health Board under section F9... F1071 or 80 of the National Health Service (Wales) Act 2006 of the M1National Heath Service Act 1977, or

(b)

by a Health Board under section F1117C, F12... 25, 26, or 27 of the M2National Health Service (Scotland) Act 1978 F13or as a person providing local pharmaceutical services under a pilot scheme F14established under section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006, or under an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006;

and employer, in relation to such an individual, regarded in that capacity, means that F15... F16body.

In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services—

(a)

in accordance with arrangements made by F18the National Health Service Commissioning Board or a Local Health Board under F19section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006; or

(b)

under a contract under F20section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006 entered into by him with F21the National Health Service Commissioning Board or a Local Health Board,

and “employer” in relation to such an individual, regarded in that capacity, means that F22... Board.

(F233)

In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services–

(a)

in accordance with arrangements made by a Health Board under section 17C of the National Health Service (Scotland) Act 1978; or

C3(b)

under a contract under section 17J of that Act entered into by him with a Health Board,

and “employer” in relation to such an individual, regarded in that capacity, means that Health Board.

Annotations

Textual amendments

F1: S. 279 renumbered as s. 279(1) (1.4.2004) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(a), Sch. 11 para. 59(1)(3) (with savings (W.) by S.I. 2004/1016, art. 88); S.I. 2004/288, art. 5(2)(v) (with art. 7(1)(9) (as amended by S.I. 2005/2925, art. 12) and as amended by S.I. 2004/866, art. 2); S.I. 2004/480, art. 4(z) (with arts. 6, 7) (as amended by S.I. 2004/1019, art. 2(1) and as amended by S.I. 2006/345, art. 8(1))
F2: Words in s. 279 inserted (1.4.1998 subject to art. 3 of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 67(a); S.I. 1998/631, art. 2(1)
F3: Words in s. 279(1) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 7(a)(i) (with savings for effect (S.) by S.S.I. 2004/163, art. 99)
F4: Words in s. 279(1)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 4(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5: Words in s. 279(1)(a) inserted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 154(1)(a)(ii) (with Sch. 3 Pt. 1)
F6: Words in s. 279(1)(a) inserted (1.10.2002 for E.W. and otherwise prosp.) by 2002 c. 17, ss. 2(5), 42(3), Sch. 2 Pt. 2 para. 60; S.I. 2002/2478, art. 3(1)(d)
F7: Word in s. 279(1)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 66(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F8: Words in s. 279(1)(a) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 22
F9: Words in S. 279(1)(a) repealed (1.4.2004) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(a), Sch. 11 para. 59(1)(2), Sch. 14 Pt. 4 (with savings (W.) by S.I. 2004/1016, art. 88); S.I. 2004/288, arts. 5(2)(v), 6(2)(k) (with art. 7(1)(9) (as amended by S.I. 2005/2925, art. 12) and as amended by S.I. 2004/866, art. 2); S.I. 2004/480, arts. 4(z), 5(2)(k) (with arts. 6, 7) (as amended by S.I. 2004/1019, art. 2(1) and as amended by S.I. 2006/345, art. 8(1))
F10: Words in s. 279(1)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 154(1)(a)(iii) (with Sch. 3 Pt. 1)
F11: Words in s. 279 inserted (1.4.1998 subject to art. 3 of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 67(c); S.I. 1998/631, art. 2(1)
F12: Word in s. 279(1)(b) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 7(a)(i) (with savings for effect (S.) by S.S.I. 2004/163, art. 99)
F13: Words in s. 279 inserted (1.7.2002 for W. and 1.1.2003 for E.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 9 (with ss. 64(9), 65(4)) ; S.I. 2002/1475, art. 2, Sch. Pt. 1; S.I. 2003/53, art. 2(a)
F14: Words in s. 279(1)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 154(1)(b) (with Sch. 3 Pt. 1)
F15: Words in s. 279(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 66(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F16: Word in s. 279(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 4(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F17: S. 279(2) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(a), Sch. 11 para. 59(1)(4) (with savings by S.I. 2004/1016, art. 88); S.I. 2004/288, art. 5(2)(v) (with art. 7(1)(9) (as amended by S.I. 2005/2925, art. 12) and as amended by S.I. 2004/866, art. 2); S.I. 2004/480, art. 4(z) (with arts. 6, 7) (as amended by S.I. 2004/1019, art. 2(1) and as amended by S.I. 2006/345, art. 8(1))
F18: Words in s. 279(2)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 66(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F19: Words in s. 279(2)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 155(a) (with Sch. 3 Pt. 1)
F20: Words in s. 279(2)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 155(b) (with Sch. 3 Pt. 1)
F21: Words in s. 279(2)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 66(e); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F22: Words in s. 279(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 66(g); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F23: S. 279(3) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 7(b) (with savings for effect (S.) by S.S.I. 2004/163, art. 99)

Marginal citations

M1: 1977 c. 49.
M2: 1978 c. 29.

Modifications

C1: S. 279(2) modified (E.) (1.4.2004) by The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865), arts. 1(2), 109(2)(d)
C2: S. 279(2) modified (W.) (1.4.2004) by The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 (S.I. 2004/1016), arts 1(2), 85(2)(d)
C3: S. 279(3)(b) modified (1.4.2004) by The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004 (S.S.I. 2004/163), art. 96