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Revised Statute from The UK Statute Law Database

National Health Service Act 1977 (c. 49)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2002, 2003, 2004, 2005, 2006, 2007 and 2008. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

National Health Service Act 1977

1977 CHAPTER 49

Contents

Go to Preamble

  1. Part I

    Services and Administration

    1. Functions of the Secretary of State

      1. 1. Secretary of State’s duty as to health service

      2. 2. Secretary of State’s general power as to services

      3. 3. Services generally

      4. 4. High security psychiatric services

      5. 5. Other services

    2. Central Health Services Council and Medical Practices Committee

      1. 6.Central Health Services Council, and standing advisory committees

      2. 7. Medical Practices Committee

    3. Local administration

      1. 8. Health Authorities and Strategic Health Authorities

      2. 9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 11.Special Health Authorities

      4. 12. Supplementary provisions for ss. 8 and 11

      5. 13. Secretary of State’s directions

      6. 14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. 15.Duty of Health Authority in relation to family health services

      8. 16. Exercise of functions by Health Authorities and Special Health Authorities

      9. 16A. Primary Care Trusts

      10. 16B. Exercise of functions by Primary Care Trusts

      11. 16BA. Local Health Boards

      12. 16BB. Local Health Boards: functions

      13. 16BC. Exercise of functions by Local Health Boards

      14. 16C. Advice for Health Authorities and Primary Care Trusts

    4. Directions as to distribution and exercise of functions

      1. 16D. Secretary of State’s directions: distribution of functions

      2. 17. Secretary of State’s directions: exercise of functions

      3. 17A.Strategic Health Authority’s directions: distribution of functions

      4. 17B. Health Authority’s directions: exercise of functions

    5. Directions and regulations: general

      1. 18.Directions and regulations under preceding provisions

    6. Primary Care Trusts: further functions

      1. 18A. Provision of services etc

    7. Advisory committees for Wales andCommunity Health Councils

      1. 19.Advisory committees for Wales

      2. 19A. Independent advocacy services

      3. 20. Community Health Councils

    8. Co-operation and assistance

      1. 21. Local social services authorities

      2. 22. Co-operation between health authorities and local authorities

      3. 23. Voluntary organisations and other bodies

      4. 24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 25. Supplies not readily obtainable

      6. 26. Supply of goods and services by Secretary of State

      7. 27. Conditions of supply under s. 26

      8. 28. Supply of goods and services by local authorities

      9. 28A. Power to make payments towards expenditure on community services

      10. 28B. Power of Secretary of State to make payments towards expenditure on community services in Wales

      11. 28BB. Power of local authorities to make payments to NHS bodies

    9. Provision of personal medical or dental services

      1. 28C. Personal medical or dental services

      2. 28D. Persons with whom agreements may be made

      3. 28DA. Lists of persons who may perform personal medical services or personal dental services

      4. 28E. Personal medical or dental services: regulations

      5. 28EE. Delegation of Health Authority functions relating to section 28C arrangements

      6. 28F. Right to choose medical practitioner

      7. 28G. Right to choose dental practitioner

      8. 28H. Immunisation

      9. 28I. Use of accommodation (E)

      10. 28I. Use of accommodation (W+S)

      11. 28J. Local pharmaceutical services schemes

  2. Part II

    General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services

    1. General medical services

      1. 29.Arrangements and regulations for general medical services

      2. 29A. Medical lists

      3. 29B. Vacancies for medical practitioners

      4. 30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 31. Requirement of suitable experience

      6. 32. Regulations as to s. 31

      7. 33. Distribution of general medical services

      8. 34. Regulations for Medical Practices Committee

      9. 34A. Liabilities and obligations in relation to deputies

    2. General dental services

      1. 35. Arrangements for general dental services

      2. 36.Regulations as to s. 35

      3. 37. Dental Estimates Board

    3. General ophthalmic services

      1. 38. Arrangements for general ophthalmic services

      2. 39.Regulations as to s. 38

      3. 40. Medical practitioners with qualifications prescribed under s. 38

    4. Pharmaceutical services

      1. 41. Arrangements for pharmaceutical services

      2. 41A. Arrangements for providing additional pharmaceutical services

      3. 41B. Terms and conditions etc

      4. 42.Regulations as to pharmaceutical services

      5. 43. Persons authorised to provide pharmaceutical services

      6. 43ZA. Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists

    5. Remuneration for services

      1. 43A. Regulations as to remuneration

      2. 43B. Remuneration — supplementary

    6. Indemnity cover

      1. 43C. Indemnity cover

      2. 43D. Supplementary lists

    7. Local representative committees

      1. 44. Recognition of local representative committees (E)

      2. 44. Recognition of local representative committees (W+S)

      3. 45. Functions of local representative committees (E)

      4. 45. Functions of local representative committees (W+S)

    8. Provisions as to disqualification of practitioners

      1. 46. Disqualification of practitioners

      2. 47. Removal of disqualification

      3. 48. Disqualification provisions in Scotland or Northern Ireland

      4. 49. Regulations as to ss. 46 to 48

      5. 49A. Applications for interim suspension

      6. 49B. Continuation of suspension pending appeal

      7. 49C. Sections 49A and 49B: procedure etc

      8. 49D. Suspension provisions in Scotland or Northern Ireland

      9. 49E. Payments in consequence of suspension

      10. 49F. Disqualification of practitioners

      11. 49G.Contingent removal

      12. 49H. Fraud and unsuitability cases: supplementary

      13. 49I. Suspension

      14. 49J. Suspension pending appeal

      15. 49K. Effect of suspension

      16. 49L. Review of decisions

      17. 49M. Appeals

      18. 49N. National disqualification

      19. 49O. Notification of decisions

      20. 49P. Withdrawal from lists

      21. 49Q. Regulations

      22. 49R. Corresponding provision in Scotland and Northern Ireland

    9. The Family Health Services Appeal Authority

      1. 49S. The Family Health Services Appeal Authority

    10. Other provisions supplementary to Part II

      1. 50. Exercise of choice of practitioner in certain cases

      2. 51. University clinical teaching and research

      3. 52. Use of accommodation

      4. 53. Immunisation

      5. 54. Sale of medical practices

      6. 55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. 56. Inadequate services

  3. Part III

    Other Powers of the Secretary of State as to theHealth Service

    1. Control of maximum prices for medical supplies

      1. 57. Maximum price of medical supplies may be controlled

    2. Additional powers as to services and supplies; and the use of those services and supplies for private patients

      1. 58.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 59, 60... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 61.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 62. Restriction of powers under ss. 25, 58 and 61

    3. Further provisions as to payments by patients for health service accommodation and services

      1. 63. Hospital accommodation on part payment

      2. 64. Expenses payable by remuneratively employed resident patients

      3. 65. Accommodation and services for private patients

      4. 66A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 67—71... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. Use by practitioners of health service facilities for private Practice

      1. 72. Permission for use of facilities in private practice

      2. 73—76... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. Regulations as to certain charges

      1. 77. Charges for drugs, medicines or appliances, or pharmaceutical services

      2. 78. Charges for dental or optical appliances

      3. 78A. Charges for dental treatment under section 28C

      4. 79. Charges for dental treatment

      5. 79A. Calculation of charges for dental appliances and treatment

      6. 80. Charges for designated facilities

      7. 81. Charges for more expensive supplies

      8. 82. Charges for repairs and replacements in certain cases

      9. 83. Sums otherwise payable to those providing services

      10. 83A. Remission and repayment of charges and payment of travelling expenses

    6. Inquiries, and default and emergency powers

      1. 84. Inquiries

      2. 84A. Intervention orders

      3. 84B. Intervention orders: effect

      4. 85. Default powers

      5. 86. Emergency powers

  4. Part IV

    Property and Finance

    1. Land and other Property

      1. 87. Acquisition, use and maintenance of property

      2. 88. Transferred property free of trusts

      3. 89. Power of voluntary organisations to transfer property

    2. Trusts

      1. 90. Gifts on trust

      2. 91. Private trusts for hospitals

      3. 92.Further transfers of trust property

      4. 93. Trust property previously held for general hospital purposes

      5. 94. Application of trust property: further provisions

      6. 95. Special trustees for a university or teaching hospital

      7. 96.Trusts: supplementary provisions

      8. 96A. Power of health authorities, etc. to raise money, etc., by appeals, collections, etc

      9. 96B. Trust-funds and trustees for Primary Care Trusts

    3. Companies

      1. 96C. Public-private partnerships

    4. Finance and Accounts

      1. 97. Means of meeting expenditure of Health Authorities and Special Health Authorities out of public funds

      2. 97A. Financial duties of Health Authorities and Special Health Authorities

      3. 97AA. Resource limits for Health Authorities and Special Health Authorities

      4. 97B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 97C. Public funding of Primary Care Trusts

      6. 97D. Financial duties of Primary Care Trusts

      7. 97E. Resource limits for Primary Care Trusts

      8. 97F. Public funding of Local Health Boards

      9. 97G. Financial duties of Local Health Boards

      10. 97H. Resource limits for Local Health Boards

      11. 98. Accounts and audit

      12. 99. Regulation of financial arrangements

      13. 100. Other Payments

      14. 101. Secretary of State’s receipts

    5. Miscellaneous provisions as to remuneration, allowances and superannuation

      1. 102. Allowances and remuneration for members of certain bodies

      2. 103. Special arrangement as to payment of remuneration

      3. 104. Superannuation of officers of certain hospitals

      4. 105. Payments for certain medical examinations

  5. Part V

  6. Part VI

    Miscellaneous and Supplementary

    1. General provisions as to charges

      1. 121. Charges in respect of non-residents

      2. 122. Recovery of charges

      3. 122A. Recovery of other charges and payments

      4. 122B. Penalties

      5. 122C. Offences

    2. Miscellaneous

      1. 123. Persons displaced by health service development

      2. 124. Special notices of births and deaths

      3. 124A. Provision of information by Registrar General

      4. 125.Protection of members and officers of authorities

    3. Supplementary

      1. 126. Orders and regulations, and directions.

      2. 127. Supplementary regulatory powers

      3. 128. Interpretation and construction

      4. 129. Transitional provisions and savings, consequential amendments, and repeals

      5. 130. Short title, extent and commencement

  7. SCHEDULE 1

    Additional Provisions as to the Medical and Dental Inspection and Treatment of Pupils and their education in dental health

  8. SCHEDULE 2

    Additional Provisions as to Vehicles for Those Suffering Disability

  9. SCHEDULE 3

    Public Health Laboratory Service Board

  10. SCHEDULE 4

    Central Health Services Council and AdvisoryCommittees

  11. SCHEDULE 5

    HEALTH AUTHORITIES AND SPECIAL HEALTH AUTHORITIES

  12. Schedule 5A

    Primary Care Trusts

  13. SCHEDULE 5B

    Local Health Boards

  14. SCHEDULE 6

    Additional Provisions as to Advisory Committees for Wales

  15. SCHEDULE 7

    Additional Provisions as to Community Health Councils

  16. SCHEDULE 8

    Local Social Services Authorities

  17. SCHEDULE 8A

    Local Pharmaceutical Services Schemes

  18. SCHEDULE 9

    Tribunal for Purposes of Section 46

  19. SCHEDULE 9A

    The Family Health Services Appeal Authority

  20. SCHEDULE 10

    Additional Provisions as to Prohibition of Sale of Medical Practices

  21. SCHEDULE 11

    Additional Provisions as to the Control of Maximum Prices for Medical Supplies

  22. SCHEDULE 12

    Additional Provisions as to Regulations for the Makingand Recovery of Charges

  23. SCHEDULE 12A

    Expenditure of Health Authorities and Primary Care Trusts

  24. SCHEDULE 13

  25. SCHEDULE 14

    Transitional Provisions and Savings

  26. SCHEDULE 15

    Consequential Amendments

  27. Schedule 16

    Repeals

An Act to consolidate certain provisions relating to the health service for England and Wales; and to repeal certain enactments relating to the health service which have ceased to have any effect.

[29th July 1977]

Annotations:

Modifications etc. (not altering text)

C1Act modified (27.8.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 25(4), Sch. 7 para. 5(2); S.I. 2002/2202, art. 2(1)

Act modified (1.1.2003 for E.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 20(11), Sch. 6 para. 6(2); S.I. 2002/3190, art. 2(2)

C2Act explained by Health Services Act 1980 (c. 53, SIF 113:2), s. 1(5)

C3Act modified by Mental Health Act 1983 (c. 20, SIF 85), ss. 122(2), 131(1)

C4Power to amend Act conferred by Health Services Act 1980 (c. 53, SIF 113:2), s. 1(8) and Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 28(2)

C5Act: definition of "health authority" restricted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 2(6)

C6Power to modify conferred by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 23(8)

C7Power to modify conferred (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 17(3)

C8Act extended by S.I. 1991/1236, art. 2 which revoked S.I. 1991/577 on 23.5.1991

C9Act modified (1.4.1992) by S.I. 1992/635, reg. 25(16).

Act applied (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1968 c. 46, s. 63(8A) (as inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 95(2) (with Sch. 2 para. 6))

Act extended (15.8.1997) by 1997 c. 46, s. 9(1); S.I. 1997/1780, art. 2(1), Sch.

Act modified (15.8.1997) by 1997 c. 46, s. 9(2); S.I. 1997/1780, art. 2(1), Sch.

Act: power to restrict conferred (1.4.1998) by 1997 c. 46, s. 13(9), Sch. 1 para. 4(1)(b)(i)(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1

Act (with specified exceptions): transfer of functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 (as amended (30.6.1999) by 1999 c. 8, ss. 66(4)(5), 67(4))

Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 61(1)(2); S.I. 2000/779, art. 2(1)

Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(4), Sch. 3 para. 11(2)(a)(c)(d)(3); S.I. 2000/779, art. 2(1)

Act construed with 1997 c. 46, Pt. I (E.W.) (21.3.1997) by 1997 c. 46, s. 40(1)(a)

Act: amended (8.2.2000) by S.I. 2000/89, reg. 12(1)

Act: restricted (1.4.2000) by S.I. 2000/695, reg. 3(6)

C10By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 act, to youth courts shall be construed as references to juvenile courts.

C11Act: modified as to exercise of functions of a Health Authority (E.) (1.4.2001) by S.I. 2001/747, regs. 5(1), 6(3)(a)(b)

C12Act applied in part (8.3.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, s. 36(1)(1A), 70(2) (with ss. 64(9), 65(4)) (as s. 36 is amended (1.10.2002) by 2002 c. 17, s. 4(2); S.I. 2002/2478, art. 3(1)(a)); S.I. 2002/1095, art. 2(4); S.I. 2002/1475, art. 2(1), Sch. Pt. I

C13Act applied (with modifications) (8.3.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, s. 36(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(4); S.I. 2002/1475, art. 2(1), Sch. Pt. I

Extent Information

E1For the extent of this Act see s. 130

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