72A Exemption from Part 3 of the Enterprise Act 2002
(1) For the purposes of Part 3 of the Enterprise Act 2002 (mergers), a relevant merger situation is not to be treated as having been created where two or more relevant NHS enterprises cease to be distinct enterprises.
(2) But subsection (1) does not apply to a case where two or more relevant NHS enterprises and one or more enterprises that are not relevant NHS enterprises cease to be distinct enterprises.
(3) In this section “relevant NHS enterprise” means the activities, or part of the activities, of—
(a) an NHS trust established under section 25;
(b) an NHS foundation trust.
(1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have responsibility for —
(a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
(b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
(c) anything done by the authority in pursuance of arrangements under section 7A,
(ca) the exercise by the authority of any public health functions of the Secretary of State in pursuance of arrangements made with another body by virtue of section 65Z5 or 75,
(d) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies involving a risk to public health,
(e) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
(f) such other functions relating to public health as may be prescribed.
(2) The individual so appointed is to be an officer of the local authority and is to be known as its director of public health.
(3) Subsection (4) applies if the Secretary of State—
(a) considers that the director has failed or might have failed to discharge (or to discharge properly) the responsibilities of the director under—
(i) subsection (1)(b), or
(ii) subsection (1)(c) where the arrangements relate to the Secretary of State's functions under section 2A, and
(b) has consulted the local authority.
(4) The Secretary of State may direct the local authority to—
(a) review how the director has discharged the responsibilities mentioned in subsection (3)(a);
(b) investigate whether the director has failed to discharge (or to discharge properly) those responsibilities;
(c) consider taking any steps specified in the direction;
(d) report to the Secretary of State on the action it has taken in pursuance of a direction given under any of the preceding paragraphs.
(5) A local authority may terminate the appointment of its director of public health.
(6) Before terminating the appointment of its director of public health, a local authority must consult the Secretary of State.
(7) A local authority must have regard to any guidance given by the Secretary of State in relation to its director of public health, including guidance as to appointment and termination of appointment, terms and conditions and management.
(8) In this section, “local authority” has the same meaning as in section 2B.
73B Exercise of public health functions of local authorities: further provision
(1) A local authority must, in the exercise of any functions mentioned in subsection (2), have regard to any document published by the Secretary of State for the purposes of this section.
(2) The functions mentioned in this subsection are—
(a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
(b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
(c) anything done by the authority in pursuance of arrangements under section 7A,
(ca) any public health functions of the Secretary of State exercisable by the authority in pursuance of arrangements made with another body by virtue of section 65Z5 or 75,
(d) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
(e) such other functions relating to public health as may be prescribed.
(3) The Secretary of State may give guidance to local authorities as to the exercise of any functions mentioned in subsection (2).
(4) A document published under subsection (1), and guidance given under subsection (3), may include guidance as to the appointment of officers of the local authority to discharge any functions mentioned in subsection (2), and as to their terms and conditions, management and dismissal.
(5) The director of public health for a local authority must prepare an annual report on the health of the people in the area of the local authority.
(6) The local authority must publish the report.
(7) In this section, “local authority” has the same meaning as in section 2B.
73C Complaints about exercise of public health functions by local authorities
(1) Regulations may make provision about the handling and consideration of complaints made under the regulations about —
(a) the exercise by a local authority of any of its public health functions;
(b) the exercise by a local authority of its functions by virtue of section 6C(1) or (3);
(c) anything done by a local authority in pursuance of arrangements made under section 7A;
(ca) anything done by a local authority in the exercise of public health functions of the Secretary of State in pursuance of arrangements made with another body by virtue of section 65Z5 or 75;
(d) the exercise by a local authority of any of its other functions—
(i) which relate to public health, and
(ii) for which its director of public health has responsibility;
(e) the provision of services by another person in pursuance of arrangements made by a local authority in the exercise of any function mentioned in paragraphs (a) to (d).
(2) The regulations may provide for a complaint to be considered by one or more of the following—
(a) the local authority in respect of whose functions the complaint is made;
(b) an independent panel established under the regulations;
(c) any other person or body.
(3) The regulations may provide for a complaint or any matter raised by a complaint—
(a) to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 for the Commissioner to consider whether to investigate the complaint or matter under that Part;
(b) to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations.
(4) Where the regulations make provision under subsection (3)(a) they may also provide for the complaint to be treated as satisfying sections 26A and 26B of the Act of 1974.
(5) Section 115 of the Health and Social Care (Community Health and Standards) Act 2003 (health care and social services complaints regulations: supplementary) applies in relation to regulations under this section as it applies in relation to regulations under subsection (1) of section 113 of that Act.
(6) In this section, “local authority” has the same meaning as in section 2B.
74 Supply of goods and services by local authorities
(1) In the Local Authorities (Goods and Services) Act 1970 (c. 39) the expression “public body” includes—
(a) NHS England and any integrated care board or... Special Health Authority ..., and
(b) so far as relates to his functions under this Act, the Secretary of State.
(2) Subsection (1) has effect as if made by an order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 and may be varied or revoked by such an order.
(3) Each local authority must make services available to each NHS body acting in its area, so far as is reasonably necessary and practicable to enable the NHS body to discharge its functions under this Act.
(4) “services” means—
(a) in relation to a local authority in England, the services of persons employed by the authority for the purposes of its functions under the Local Authority Social Services Act 1970 (c. 42);
(b) in relation to a local authority in Wales, the services of persons employed by the authority for the purposes of its functions which are social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4).
75 Arrangements between NHS bodies and local authorities
(1) The Secretary of State may by regulations make provision for or in connection with enabling prescribed NHS bodies (on the one hand) and prescribed local authorities (on the other) to enter into prescribed arrangements in relation to the exercise of—
(a) prescribed functions of the NHS bodies, and
(b) prescribed health-related functions of the local authorities,
if the arrangements are likely to lead to an improvement in the way in which those functions are exercised.
(2) The arrangements which may be prescribed include arrangements—
(a) for or in connection with the establishment and maintenance of a fund—
(i) which is made up of contributions by one or more NHS bodies and one or more local authorities, and
(ii) out of which payments may be made towards expenditure incurred in the exercise of both prescribed functions of the NHS body or bodies and prescribed health-related functions of the authority or authorities,
(b) for or in connection with the exercise by an NHS body on behalf of a local authority of prescribed health-related functions of the authority in conjunction with the exercise by the NHS body of prescribed functions of the NHS body,
(c) for or in connection with the exercise by a local authority on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the local authority of prescribed health-related functions of the local authority,
(d) as to the provision of staff, goods or services in connection with any arrangements mentioned in paragraph (a), (b) or (c),
(e) as to the making of payments by a local authority to an NHS body in connection with any arrangements mentioned in paragraph (b),
(f) as to the making of payments by an NHS body to a local authority in connection with any arrangements mentioned in paragraph (c).
(3) Regulations under this section may make provision—
(a) as to the cases in which NHS bodies and local authorities may enter into prescribed arrangements,
(b) as to the conditions which must be satisfied in relation to prescribed arrangements (including conditions in relation to consultation),
(c) for or in connection with requiring the consent of the Secretary of State to the operation of prescribed arrangements (including provision in relation to applications for consent, the approval or refusal of such applications and the variation or withdrawal of approval),
(d) in relation to the duration of prescribed arrangements,
(e) for or in connection with the variation or termination of prescribed arrangements,
(f) as to the responsibility for, and the operation and management of, prescribed arrangements,
(g) as to the sharing of information between NHS bodies and local authorities.
(4) The provision which may be made by virtue of subsection (3)(f) includes provision in relation to—
(a) the formation and operation of joint committees of NHS bodies and local authorities,
(b) the exercise of functions which are the subject of prescribed arrangements (including provision in relation to the exercise of such functions by joint committees or employees of NHS bodies and local authorities),
(c) the drawing up and implementation of plans in respect of prescribed arrangements,
(d) the monitoring of prescribed arrangements,
(e) the provision of reports on, and information about, prescribed arrangements,
(f) complaints and disputes about prescribed arrangements,
(g) accounts and audit in respect of prescribed arrangements.
(5) Arrangements made by virtue of this section do not affect—
(a) the liability of NHS bodies for the exercise of any of their functions,
(b) the liability of local authorities for the exercise of any of their functions, or
(c) any power or duty to recover charges in respect of services provided in the exercise of any local authority functions.
(6) The Secretary of State may issue guidance to NHS bodies and local authorities in relation to consultation or applications for consent in respect of prescribed arrangements.
(7) The reference in subsection (1) to an improvement in the way in which functions are exercised includes an improvement in the provision to any individuals of any services to which those functions relate.
(7A) For the purposes of this section, a combined authority that exercises a prescribed function within subsection (1)(a) of an NHS body under voluntary arrangements is to be treated as an NHS body.
(7B) “Voluntary arrangements” means arrangements made with the combined authority under—
(a) section 7A (exercise of Secretary of State's public health functions), or
(b) section 65Z5 (joint working and delegation arrangements).
(7C) Regulations under this section, so far as made before or in the same Session as that in which the Cities and Local Government Devolution Act 2016 is passed, apply to a combined authority that is treated as an NHS body by virtue of subsection (7A) as if it were a prescribed NHS body for the purposes of those regulations.
(7D) But a combined authority to which regulations under this section apply by virtue of subsection (7C) may enter into prescribed arrangements in relation to the exercise only of functions within subsection (1)(a) that are exercisable by the authority under voluntary arrangements.
(7E) Regulations under this section may provide for the regulations to apply in relation to a combined authority subject to any prescribed limitations or conditions.
(7F) Nothing in subsection (7D) prevents a combined authority from being a party to arrangements made by virtue of this section in relation to any prescribed functions of an NHS body that are exercisable by the authority as a result of an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009 (public authority functions exercisable by combined authorities).
(7G) For the purposes of this section, a combined county authority that exercises a prescribed function within subsection (1)(a) of an NHS body under voluntary arrangements is to be treated as an NHS body.
(7H) “Voluntary arrangements” means arrangements made with the combined county authority under—
(a) section 7A (exercise of Secretary of State’s public health functions), or
(b) section 65Z5 (joint working and delegation arrangements).
(7I) Regulations under this section, so far as made before or in the same Session as that in which the Levelling-up and Regeneration Act 2023 is passed, apply to a combined county authority that is treated as an NHS body by virtue of subsection (7G) as if it were a prescribed NHS body for the purposes of those regulations.
(7J) But a combined county authority to which regulations under this section apply by virtue of subsection (7I) may enter into prescribed arrangements in relation to the exercise only of functions within subsection (1)(a) that are exercisable by the authority under voluntary arrangements.
(7K) Regulations under this section may provide for the regulations to apply in relation to a combined county authority subject to any prescribed limitations or conditions.
(7L) Nothing in subsection (7J) prevents a combined county authority from being a party to arrangements made by virtue of this section in relation to any prescribed functions of an NHS body that are exercisable by the authority as a result of regulations under section 19 of the Levelling-up and Regeneration Act 2023 (public authority functions exercisable by combined county authorities).
(8) In this section—
“health-related functions”, in relation to a local authority, means functions of the authority which, in the opinion of the Secretary of State—
have an effect on the health of any individuals,
have an effect on, or are affected by, any functions of NHS bodies, or
are connected with any functions of NHS bodies,
“NHS body” does not include a Special Health Authority.
(9) Schedule 18 makes provision with respect to the transfer of staff in connection with arrangements made by virtue of this section.
(1) A local authority may make payments to NHS England, an integrated care board ... ... or a Local Health Board towards expenditure incurred or to be incurred by the body in connection with the performance by it of prescribed functions.
(2) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.
(3) The Secretary of State may by directions prescribe conditions relating to payments under this section.
(4) The power under subsection (3) may in particular be exercised so as to require, in such circumstances as may be specified—
(a) repayment of the whole or part of a payment under this section, or
(b) in respect of property acquired with payments under this section, payment of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.
(5) No payment may be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed for payments of that description under subsection (3).
(1) Where—
(a) ... an integrated care board, an NHS trust or an NHS foundation trust is, or will be, a party to any existing or proposed LA delegation arrangements, ...
(b) the body and the local authority concerned consider that designation of the body as a Care Trust would be likely to promote the effective exercise by the body of prescribed health-related functions of the local authority (in accordance with the arrangements) in conjunction with prescribed NHS functions of the body , and
(c) the requirements in subsection (1A) are satisfied,
the body and the local authority may jointly designate the body as a Care Trust.
(1A) The body and the local authority must, before designating the body as a Care Trust under this section—
(a) publish in the prescribed form and manner—
(i) the reasons why they consider that the proposed designation would be likely to have the result mentioned in subsection (1)(b), and
(ii) information about the proposed governance arrangements of the Care Trust, and
(b) consult on the proposed designation in accordance with regulations.
(1B) Where a body has been designated as a Care Trust under this section, the body and the local authority must notify prescribed persons of the designation.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A body designated as a Care Trust under this section may (in addition to exercising health-related functions of the local authority as mentioned in subsection (1)(b)) exercise such prescribed health-related functions of the local authority as are agreed in relation to persons in any area so agreed, even though it does not exercise any NHS functions in relation to persons in that area; and “agreed” means agreed by the body and the local authority.
(5) Where a body is designated as a Care Trust under this section, the body and the local authority may jointly revoke that designation.
(5A) Before revoking a designation as a Care Trust under this section, the body and the local authority must consult on the proposed revocation of the designation in accordance with regulations.
(5B) Where the designation of a body as a Care Trust under this section has been revoked, the body and the local authority must notify prescribed persons of the revocation.
(5C) Regulations under subsection (1A)(b) or (5A) may include provision requiring a body and a local authority to publish prescribed information following a consultation.
(5D) Where a duty is imposed by or by virtue of this section on a body and a local authority, they may make arrangements for the function to be discharged—
(a) by both of them acting jointly,
(b) by each of them acting separately, or
(c) by one of them acting on behalf of both of them.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Regulations may make such incidental, supplementary or consequential provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers expedient in connection with the preceding provisions of this section.
(9) Regulations under subsection (8) may, in particular, make provision—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) for supplementing or modifying, in connection with the operation of subsection (4), any provision made by regulations under section 75.
(10) The designation of a body as a Care Trust under this section does not affect any of the functions, rights or liabilities of that body in its capacity as ... an integrated care board, NHS trust or NHS foundation trust.
(11) In connection with the exercise by a body so designated of any relevant social services functions of a local authority in England under LA delegation arrangements—
(a) section 7 of the Local Authority Social Services Act 1970 (c. 42) (authorities to exercise social services functions under guidance), and
(b) section 7A of that Act (directions as to exercise of such functions),
apply to the body as if it were a local authority within the meaning of that Act.
(11A) In connection with the exercise by a body so designated of any relevant social services functions under LA delegation arrangements, sections 145 to 149 of the Social Services and Well-being (Wales) Act 2014 (codes on the exercise of social services functions) apply to the body as if it were a local authority within the meaning of that Act.
(12) In this section—
“health-related functions” has the meaning given by section 75(8),
“LA delegation arrangements” means arrangements falling within section 75(2)(b), whether or not made in conjunction with any pooled fund arrangements,
“NHS functions” means functions exercisable by ... an integrated care board, NHS trust or NHS foundation trust in its capacity as such,
“pooled fund arrangements” means arrangements falling within section 75(2)(a),
“relevant social services functions” means—
in relation to a local authority in England, health-related functions which are social services functions within the meaning of the Local Authority Social Services Act 1970;
in relation to a local authority in Wales, health-related functions which are social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014.
(1) If the Secretary of State is of the opinion—
(a) that a body to which this section applies (“the failing body”) is not exercising any of its functions adequately, and
(b) that it would be likely to lead to an improvement in the way in which that function is exercised if it were to be exercised—
(i) by another body to which this section applies under delegation arrangements, or
(ii) in accordance with pooled fund arrangements made with another such body,
the Secretary of State may direct those bodies to enter into such delegation arrangements or pooled fund arrangements in relation to the exercise of the appropriate function or functions as are specified in the direction.
(2) In subsection (1) “the appropriate function or functions” means—
(a) the function of the failing body mentioned in that subsection, and
(b) such other function of that body (if any) as the Secretary of State considers would, if exercised under or in accordance with the arrangements in question, be likely to contribute to an improvement in the exercise of the function referred to in paragraph (a).
(3) The bodies to which this section applies are—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) NHS trusts established under section 25,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) local authorities,
but in subsections (1) and (2) any reference to functions is, in relation to a local authority, a reference only to relevant social services functions of the authority.
(4) In this section any reference to an improvement in the way in which any function is exercised includes an improvement in the provision to any individuals of any services to which that function relates.
(5) In this section—
“delegation arrangements” means arrangements falling within section 75(2)(b) or (c), whether or not made in conjunction with any pooled fund arrangements,
“health-related functions” has the meaning given by section 75(8),
“pooled fund arrangements” means arrangements falling within section 75(2)(a),
“relevant social services functions” means health-related functions which are social services functions of local authorities in England within the meaning of the Local Authority Social Services Act 1970 (c. 42) or of local authorities in Wales within the meaning of the Social Services and Well-being (Wales) Act 2014 (anaw 4),
79 Further provision about directions and directed partnership arrangements
(1) A direction under section 78(1) (a “principal direction”) may make provision with respect to—
(a) any of the matters with respect to which provision is required to be made by the specified arrangements by virtue of regulations under section 75, and
(b) such other matters as the Secretary of State considers appropriate.
(2) The Secretary of State may in particular (either in a principal direction or in any subsequent direction) make provision—
(a) for the determination, whether—
(i) by agreement, or
(ii) (in default of agreement) by the Secretary of State or an arbitrator appointed by him,
of the amount of any payments which need to be made by one body to another for the purposes of the effective operation of the specified arrangements, and for the variation of any such determination,
(b) specifying the manner in which the amount of any such payments must be so determined (or varied),
(c) requiring a body specified in the direction to supply to the Secretary of State or an arbitrator, for the purpose of enabling any such amount to be so determined (or varied), such information or documents as may be so specified,
(d) requiring any amount so determined (or varied) to be paid by and to such bodies as are specified in the direction,
(e) requiring capital assets specified in the direction to be made available by and to such bodies as are so specified.
(3) The Secretary of State may, when giving a principal direction to any bodies to which section 78 applies, give such directions to any other such body as he considers appropriate for or in connection with securing that full effect is given to the principal direction.
(4) Before giving a principal direction to any bodies to which section 78 applies, the Secretary of State may—
(a) direct either or both of the bodies in question to take such steps specified in the direction, or
(b) give such other directions,
as he considers appropriate with a view to enabling him to determine whether the principal direction should be given.
(5) The revocation of a principal direction does not affect the continued operation of the specified arrangements.
(6) “The specified arrangements”, in relation to a principal direction, means the arrangements specified in the direction in pursuance of section 78(1).
80 Supply of goods and services by the Secretary of State , NHS England and integrated care boards
(1) The Secretary of State , NHS England or an integrated care board may supply to—
(a) local authorities, and
(b) such public bodies or classes of public bodies as the Secretary of State may determine,
any goods or materials of a kind used in the health service.
(2) In subsection (1) “public bodies” includes public bodies in Northern Ireland.
(3) The Secretary of State may make available to persons falling within subsection (1)—
(a) any facilities provided by him ... for any service under this Act, and
(b) the services of persons employed by the Secretary of State or by ... ... a Special Health Authority or a Local Health Board.
(3A) NHS England or an integrated care board may make available to persons falling within subsection (1)—
(a) any facilities the provision of which is arranged by NHS England or (as the case may be) the integrated care board in pursuance of its functions under this Act;
(b) any facilities of NHS England or (as the case may be) the integrated care board;
(c) the services of persons employed by NHS England or (as the case may be) the integrated care board.
(4) The Secretary of State may carry out , and NHS England or an integrated care board may arrange for the carrying out of, maintenance work (including minor renewals, minor improvements and minor extensions) in connection with any land or building for the maintenance of which a local authority is responsible.
(5) NHS England may supply or make available to persons—
(a) providing pharmaceutical services,
(b) providing services under a general medical services contract, a general dental services contract or a general ophthalmic services contract,
(c) providing services in accordance with section 92 arrangements or section 107 arrangements, or
(d) providing services under a pilot scheme established under section 134(1) of this Act or an LPS scheme,
such goods, materials or other facilities as may be prescribed.
(6) The Secretary of State must make available to local authorities—
(a) any services (other than the services of any person) or other facilities provided by the Secretary of State under this Act,
(b) the services provided as part of the health service by any person employed by the Secretary of State, ... ... a Special Health Authority or a Local Health Board, and
(c) the services of any medical practitioner, dental practitioner or nurse employed by the Secretary of State, ... ... a Special Health Authority or a Local Health Board otherwise than to provide services which are part of the health service,
so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.
(6A) NHS England and each integrated care board must make available to local authorities—
(a) any services (other than the services of any person) or other facilities the provision of which is arranged by NHS England or (as the case may be) the integrated care board in pursuance of its functions under this Act;
(b) the services of persons employed by NHS England or (as the case may be) the integrated care board;
(c) any facilities of NHS England or (as the case may be) the integrated care board,
so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.
(7) NHS England may arrange to make available to local authorities the services of persons—
(a) providing pharmaceutical services,
(b) performing services under a general medical services contract, a general dental services contract or a general ophthalmic services contract,
(c) providing services in accordance with section 92 arrangements or section 107 arrangements, or
(d) performing services under a pilot scheme established under section 134(1) of this Act or an LPS scheme, ...
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.
(8) The Secretary of State may arrange to make available to local authorities the services of persons providing Special Health Authorities or Local Health Boards with services of a kind provided as part of the health service, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.
(9) NHS England or an integrated care board may arrange to make available to local authorities the services of persons providing services pursuant to arrangements made under this Act by NHS England or (as the case may be) the integrated care board in the exercise of its functions, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Before a person makes the services of any officer available under section 80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must —
(a) consult the officer or a body recognised by the person as representing the officer, or
(b) where the person is the Secretary of State and is not the officer's employer, satisfy himself that the body who employs the officer has consulted the officer about the matter.
(2) The person concerned may disregard the provisions of subsection (1) in a case where it —
(a) considers it necessary to make the services of an officer available for the purpose of dealing temporarily with an emergency, and
(b) has previously consulted a body such as is mentioned in subsection (1)(b) about making services available in an emergency.
(3) The Secretary of State may, for the purposes of subsection (3)(b) of section 80, or subsection (6)(b) or (c) of that section, give such directions to ... ... Special Health Authorities and Local Health Boards to make the services of their officers available as he considers appropriate.
(4) Powers under this section and section 80 may be exercised on such terms as may be agreed, including terms as to the making of payments to the person who makes the services available.
(5) A person who makes services or facilities available under section 80(6) or (6A) may make such charges in respect of them as may be agreed between the person and the local authority or, in default of agreement, as may be determined by arbitration.
(6) Any power to supply goods or materials under section 80 includes—
(a) a power to purchase and store them, and
(b) a power to arrange with third parties for the supply of goods or materials by those third parties.
82 Co-operation between NHS bodies and local authorities
(1) In exercising their respective functions NHS bodies (on the one hand) and local authorities (on the other) must co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales.
(2) The Secretary of State may publish guidance on the discharge of the duty under this section in relation to England.
(3) The following must have regard to any guidance published under subsection (2)—
(a) an NHS body other than a Welsh NHS body;
(b) a local authority in England.
(4) In this section “Welsh NHS body” means—
(a) an NHS trust established under the National Health Service (Wales) Act 2006,
(b) a Special Health Authority established under that Act, or
(c) a Local Health Board.
(1) The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to secure the provision of primary medical services throughout England.
(2) The Board may (in addition to any other power conferred on it) make such arrangements for the provision of primary medical services as it considers appropriate; and it may, in particular, make contractual arrangements with any person.
(2A) Arrangements made for the purposes of subsection (1) or (2) may include arrangements for the performance of a service outside England.
(3) The Board must publish information about such matters as may be prescribed in relation to the primary medical services provided under this Act.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Regulations may provide that services of a prescribed description must, or must not, be regarded as primary medical services for the purposes of this Act.
(6) Regulations under this section may in particular describe services by reference to the manner or circumstances in which they are provided.
84. General medical services contracts: introductory
(1) The Board may enter into a contract under which primary medical services are provided in accordance with the following provisions of this Part.
(2) A contract under this section is called in this Act a “general medical services contract”.
(3) A general medical services contract may make such provision as may be agreed between the Board and the contractor or contractors in relation to—
(a) the services to be provided under the contract,
(b) remuneration under the contract, and
(c) any other matters.
(4) The services to be provided under a general medical services contract may include—
(a) services which are not primary medical services,
(b) services to be performed outside England.
(5) In this Part, “contractor”, in relation to a general medical services contract, means any person entering into the contract with the Board.
85 Requirement to provide certain primary medical services
(1) A general medical services contract must require the contractor or contractors to provide, for his or their patients, primary medical services of such descriptions as may be prescribed.
(2) Regulations under subsection (1) may in particular describe services by reference to the manner or circumstances in which they are provided.
(1) The Board may, subject to such conditions as may be prescribed, enter into a general medical services contract with—
(a) a medical practitioner,
(b) two or more individuals practising in partnership where the conditions in subsection (2) are satisfied, or
(c) a company limited by shares where the conditions in subsection (3) are satisfied.
(2) The conditions referred to in subsection (1)(b) are that—
(a) at least one partner is a medical practitioner, and
(b) any partner who is not a medical practitioner is either—
(i) an NHS employee,
(ii) a section 92 employee, section 107 employee, section 50 employee, section 64 employee, section 17C employee or Article 15B employee,
(iii) a health care professional who is engaged in the provision of services under this Act or the National Health Service (Wales) Act 2006 (c. 42), or
(iv) an individual falling within section 93(1)(d).
(3) The conditions referred to in subsection (1)(c) are that—
(a) at least one share in the company is both legally and beneficially owned by a medical practitioner, and
(b) any share which is not so owned is both legally and beneficially owned by a person referred to in subsection (2)(b).
(4) Regulations may make provision as to the effect, in relation to a general medical services contract entered into by individuals practising in partnership, of a change in the membership of the partnership.
(5) In this section—
“health care professional”, “NHS employee”, “section 92 employee”, “section 107 employee”, “section 50 employee”, “section 64 employee”, “section 17C employee” and “Article 15B employee” have the meaning given by section 93.
(1) The Secretary of State may give directions as to payments to be made under general medical services contracts.
(2) A general medical services contract must require payments to be made under the contract in accordance with directions under this section.
(3) Directions under subsection (1) may in particular—
(a) provide for payments to be made by reference to compliance with standards or the achievement of levels of performance,
(b) provide for payments to be made by reference to—
(i) any scheme or scale specified in the direction, or
(ii) a determination made by any person in accordance with factors specified in the direction,
(c) provide for the making of payments in respect of individual practitioners,
(d) provide that the whole or any part of a payment is subject to conditions (and may provide that payments are payable by the Board only if it is satisfied as to certain conditions),
(e) make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates.
(4) Before giving a direction under subsection (1), the Secretary of State—
(a) must consult any body appearing to him to be representative of persons to whose remuneration the direction would relate, and
(b) may consult such other persons as he considers appropriate.
(5) “Payments” includes fees, allowances, reimbursements, loans and repayments.
(1) A general medical services contract must contain provision requiring the contractor or contractors to comply with any directions given by the Secretary of State for the purposes of this section as to the drugs, medicines or other substances which may or may not be ordered for patients in the provision of medical services under the contract.
(2) A direction under this section must, subject to subsection (3), be given by regulations.
(3) A direction under this section may be given by an instrument in writing where it gives effect to a request made in writing to the Secretary of State by a person who is a holder of a UK marketing authorisation in respect of the drug, medicine or other substance to which the request relates.
(4) “UK marketing authorisation” has the meaning given by regulation 8(1) of the Human Medicines Regulations 2012 (S.I. 2012/1916).
(1) A general medical services contract must contain such provision as may be prescribed (in addition to the provision required by the preceding provisions of this Part).
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Regulations under subsection (1) may in particular make provision as to—
(a) the manner in which, and standards to which, services must be provided,
(b) the persons who perform services,
(c) the persons to whom services will be provided,
(d) the variation of contract terms (other than terms required by or under this Part),
(e) rights of entry and inspection (including inspection of clinical records and other documents),
(f) the circumstances in which, and the manner in which, the contract may be terminated,
(g) enforcement,
(h) the adjudication of disputes.
(3) Regulations making provision under subsection (2)(c) must make provision as to the circumstances in which a contractor or contractors—
(a) must or may accept a person as a patient to whom services are provided under the contract,
(b) may decline to accept a person as such a patient, or
(c) may terminate his or their responsibility for a patient.
(4) Regulations under subsection (2)(d) may—
(a) make provision as to the circumstances in which the Board may impose a variation of contract terms,
(b) make provision as to the suspension or termination of any duty under the contract to provide services of a prescribed description.
(5) Regulations making provision of the kind described in subsection (4)(b) may prescribe services by reference to the manner or circumstances in which they are provided.
(6) Regulations under subsection (1) must make provision as to the right of patients to choose the persons from whom they receive services.
(1) Regulations may make provision for the resolution of disputes as to the terms of a proposed general medical services contract.
(2) Regulations under subsection (1) may make provision—
(a) for the referral of the terms of the proposed contract to the Secretary of State, and
(b) for the Secretary of State, or a person appointed by him, to determine the terms on which the contract may be entered into.
(3) Regulations may make provision for a person or persons entering into a general medical services contract to be regarded as a health service body for any purposes of section 9, in circumstances where he or they so elect.
(4) Regulations under subsection (3) may include provision as to the application of section 9 in cases where—
(a) persons practising in partnership elect to become a health service body, and
(b) there is a change in the membership of the partnership.
(5) Where—
(a) by virtue of regulations under subsection (3), section 9(11) applies in relation to a general medical services contract, and
(b) a direction as to payments is made under that subsection in relation to the contract,
the direction is enforceable in the county court (if the court so orders) as if it were a judgment or order of that court.
(1) Regulations may provide that a health care professional of a prescribed description may not perform any primary medical service for which the Board is responsible unless he is included in a list maintained under the regulations by NHS England.
(2) For the purposes of this section—
(a) “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17),
(b) the Board is responsible for a medical service if it secures its provision by or under any enactment.
(3) Regulations under this section may make provision in relation to lists under this section and in particular as to—
(a) the preparation, maintenance and publication of a list,
(b) eligibility for inclusion in a list,
(c) applications for inclusion (including provision ... for the procedure for applications and the documents to be supplied on application),
(d) the grounds on which an application for inclusion may or must be granted or refused,
(e) requirements with which a person included in a list must comply (including the declaration of financial interests and gifts and other benefits),
(f) suspension or removal from a list (including provision for the grounds for, and consequences of, suspension or removal),
(g) circumstances in which a person included in a list may not withdraw from it,
(h) payments to be made in respect of a person suspended from a list (including provision for the amount of the payment, or the method of calculating the payment, to be determined by the Secretary of State or a person appointed by him),
(i) the criteria to be applied in making decisions under the regulations,
(j) appeals against decisions made by NHS England under the regulations, and
(k) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or removals,
and may make any provision corresponding to anything in sections 151 to 159.
(4) Regulations under this section may, in particular, also provide for—
(a) a person's inclusion in a list to be subject to conditions determined by NHS England,
(b) NHS England to vary the conditions or impose different ones,
(c) the consequences of failing to comply with a condition (including removal from a list),
(d) the review by NHS England of decisions made by it by virtue of the regulations.
(5) The imposition of such conditions must be with a view to—
(a) preventing any prejudice to the efficiency of the services to which a list relates, or
(b) preventing fraud.
(6) Regulations making provision as to the matters referred to in subsection (3)(k) may in particular authorise the disclosure of information—
(a) by NHS England to the Secretary of State, and
(b) by the Secretary of State to NHS England.
92. Arrangements by the Board for the provision of primary medical services
(1) The Board may make agreements, other than arrangements pursuant to section 83(2) or general medical services contracts, under which primary medical services are provided.
(2) An agreement must be in accordance with regulations under section 94.
(3) An agreement may not combine arrangements for the provision of primary medical services with arrangements for the provision of primary dental services.
(4) An agreement may not combine arrangements for the provision of primary medical services with arrangements for the provision of local pharmaceutical services.
(5) But an agreement may include arrangements for the provision of services which are not primary medical services but which may be provided under this Act, other than under Chapter 1 or 2 of Part 7 (pharmaceutical services and local pharmaceutical services under pilot schemes).
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In this Act, arrangements for the provision of services made under this section are called “section 92 arrangements”.
93. Persons with whom agreements may be made under section 92
(1) The Board may make an agreement under section 92 only with one or more of the following—
(a) an NHS trust or an NHS foundation trust,
(b) a medical practitioner who meets the prescribed conditions,
(c) a health care professional who meets the prescribed conditions,
(d) an individual who is providing services—
(i) under a general medical services contract or a general dental services contract or a Welsh general medical services contract or a Welsh general dental services contract,
(ii) in accordance with section 92 arrangements, section 107 arrangements, section 50 arrangements, section 64 arrangements, section 17C arrangements or Article 15B arrangements, or
(iii) under section 17J or 25 of the 1978 Act or Article 57 or 61 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)),
or has so provided them within such period as may be prescribed,
(e) an NHS employee, a section 92 employee, a section 107 employee, a section 50 employee, a section 64 employee, a section 17C employee or an Article 15B employee,
(f) a qualifying body,
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The power under subsection (1) to make an agreement with a person falling within paragraph (d) or (e) of that subsection is subject to such conditions as may be prescribed.
(3) In this section—
“the 1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29),
“Article 15B arrangements” means arrangements for the provision of services made under Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)),
“Article 15B employee” means an individual who, in connection with the provision of services in accordance with Article 15B arrangements, is employed by a person providing or performing those services,
“health care professional” means a person who is a member of a profession regulated by a body mentioned (at the time the agreement in question is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17),
“NHS employee” means an individual who, in connection with the provision of services in the health service, the Scottish health service or the Northern Ireland health service, is employed by—
an NHS trust, an NHS foundation trust or (in Northern Ireland) a Health and Social Services Trust,
a ... Local Health Board,
a person who is providing services under a general medical services contract or a general dental services contract or a Welsh general medical services contract or a Welsh general dental services contract,
an individual who is providing services as specified in subsection (1)(d)(iii),
“the Northern Ireland health service” means the health service within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972,
“qualifying body” means a company which is limited by shares all of which are both legally and beneficially owned by persons falling within paragraph (a), (b), (c), (d) or (e) of subsection (1),
“the Scottish health service” means the health service within the meaning of the National Health Service (Scotland) Act 1978,
“section 17C arrangements” means arrangements for the provision of services made under section 17C of the 1978 Act,
“section 17C employee” means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by a person providing or performing those services,
“section 50 arrangements” means arrangements for the provision of services made under section 50 of the National Health Service (Wales) Act 2006 (c. 42),
“section 64 arrangements” means arrangements for the provision of services made under section 64 of that Act,
“section 107 employee” means an individual who, in connection with the provision of services in accordance with section 107 arrangements, is employed by a person providing or performing those services,
“section 92 employee” means an individual who, in connection with the provision of services in accordance with section 92 arrangements, is employed by a person providing or performing those services,
“section 50 employee” means an individual who, in connection with the provision of services in accordance with section 50 arrangements, is employed by a person providing or performing those services,
“section 64 employee” means an individual who, in connection with the provision of services in accordance with section 64 arrangements, is employed by a person providing or performing those services,
“Welsh general medical services contract” means a contract under section 42(2) of the National Health Service (Wales) Act 2006 (c. 42), and
“Welsh general dental services contract” means a contract under section 57(2) of that Act.
(1) The Secretary of State may make regulations about the provision of services in accordance with section 92 arrangements.
(2) The regulations must include provision for participants other than the Board to withdraw from section 92 arrangements if they wish to do so.
(3) The regulations may, in particular—
(a) provide that section 92 arrangements may be made only in prescribed circumstances,
(b) provide that section 92 arrangements may be made only in prescribed areas,
(c) provide that only prescribed services, or prescribed categories of service, may be provided in accordance with section 92 arrangements,
(ca) make provision with respect to the performance outside England of services to be provided in accordance with section 92 arrangements,
(d) impose conditions (including conditions as to qualifications and experience) to be satisfied by persons performing services in accordance with section 92 arrangements,
(e) require details of section 92 arrangements to be published,
(f) make provision with respect to the variation and termination of section 92 arrangements,
(g) provide for parties to section 92 arrangements to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 9,
(h) provide for directions, as to payments, made under section 9(11) (as it has effect as a result of regulations made by virtue of paragraph (g)) to be enforceable in the county court (if the court so orders) as if they were judgments or orders of that court.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The regulations may also require payments to be made under the arrangements in accordance with directions given for the purpose by the Secretary of State.
(5) A direction may make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates.
(6) The regulations may also include provision requiring the Board, in prescribed circumstances and subject to prescribed conditions, to enter into a general medical services contract on prescribed terms with any person who is providing services under section 92 arrangements and who so requests.
(7) The regulations may also include provision for the resolution of disputes as to the terms of any proposed section 92 arrangements, and in particular may make provision—
(a) for the referral of the terms of the proposed arrangements to the Secretary of State, and
(b) for the Secretary of State or a person appointed by him to determine the terms on which the arrangements may be entered into.
(8) The regulations must provide for the circumstances in which a person providing primary medical services under section 92 arrangements—
(a) must or may accept a person as a patient to whom such services are so provided,
(b) may decline to accept a person as such a patient,
(c) may terminate his responsibility for a patient.
(9) The regulations must make provision as to the right of patients to choose the persons from whom they receive services under section 92 arrangements.
96. Assistance and support: primary medical services
(1) The Board may provide assistance or support to any person providing or proposing to provide—
(za) primary medical services pursuant to section 83(2),
(a) primary medical services under a general medical services contract, or
(b) primary medical services in accordance with section 92 arrangements.
(2) Assistance or support provided by the Board under subsection (1) is provided on such terms, including terms as to payment, as the Board considers appropriate.
(3) “Assistance” includes financial assistance.
(1) The Board may recognise a committee formed for an area, which it is satisfied is representative of—
(a) the persons to whom subsection (2) applies, and
(b) the persons to whom subsection (3) applies.
(2) This subsection applies to—
(a) each medical practitioner who, under a general medical services contract entered into by him, is providing primary medical services in the area for which the committee is formed, and
(b) each medical practitioner who, under a general ophthalmic services contract entered into by him, is providing primary ophthalmic services in that area.
(3) This subsection applies to each other medical practitioner—
(a) who is performing primary medical services or primary ophthalmic services in the area for which the committee is formed—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) in accordance with section 92 arrangements, or
(iii) under a general medical services contract or a general ophthalmic services contract, and
(b) who has notified the Board that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented).
(4) A committee recognised under this section is called the Local Medical Committee for the area for which it is formed.
(5) Any such committee may delegate any of its functions, with or without restrictions or conditions, to sub-committees composed of members of that committee.
(6) Regulations may require the Board, in the exercise of its functions relating to primary medical services, to consult any committee recognised by it under this section on such occasions and to such extent as may be prescribed.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) A committee recognised under this section has such other functions as may be prescribed.
(9) A committee recognised under this section must in respect of each year determine—
(a) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(a), and
(b) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(b).
(10) The Board may—
(a) on the request of a committee recognised by it, allot to that committee such sums for defraying the expenses referred to in subsection (9)(a) as the Board may determine, and
(b) deduct the amount of such sums from the remuneration of persons of whom the committee is representative under subsection (1)(a) under the general medical services contracts entered into by those persons with the Board.
(11) A committee recognised under this section must apportion the amount determined by it under subsection (9)(b) among the persons of whom it is representative under subsection (1)(b); and each such person must pay in accordance with the committee's directions the amount so apportioned to him.
(12) The administrative expenses of a committee include the travelling and subsistence allowances payable to its members.
98 Use of accommodation: provision of primary medical services
If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of primary medical services, he may make the accommodation available on such terms as he considers appropriate to persons providing those services.
(1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary medical services.
(2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary medical services (including functions which the Board has been directed to exercise under subsection (1)).
(4) The Board may direct a clinical commissioning group to exercise any of the Board's functions relating to the provision of primary medical services.
(5) The Board may give directions to a clinical commissioning group about the exercise by it of any functions relating to the provision of primary medical services (including functions which the group has been directed to exercise under subsection (4)).
(6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
(7) Where the Board gives a direction under subsection (4) or (5), it may disclose to the clinical commissioning group information it has about the provision of the primary medical services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the group to exercise the function specified in the direction.
(8) A clinical commissioning group exercising a function specified in a direction under subsection (4) or (5) must report to the Board on matters arising out of the group's exercise of the function.
(9) A report under subsection (8) must be made in such form and manner as the Board may specify.
(10) The Board may, in exercising its functions relating to the provision of the primary medical services in question, have regard to a report under subsection (8).
(1) The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to secure the provision of primary dental services throughout England.
(1A) Arrangements made for the purposes of subsection (1) may include arrangements for the performance of a service outside England.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Board must publish information about such matters as may be prescribed in relation to the primary dental services for which provision is made under this Act.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Regulations may provide that services of a prescribed description must, or must not, be regarded as primary dental services for the purposes of this Act.
(6) Regulations under subsection (5) may in particular describe services by reference to the manner or circumstances in which they are provided.
100 General dental services contracts: introductory
(1) The Board may enter into a contract under which primary dental services are provided in accordance with the following provisions of this Part.
(2) A contract under this section is called in this Act a “general dental services contract”.
(3) A general dental services contract may make such provision as may be agreed between the Board and the contractor in relation to—
(a) the services to be provided under the contract (which may include services which are not primary dental services or services which are to be performed outside England),
(b) remuneration under the contract, and
(c) any other matters.
(4) In this Part, “contractor”, in relation to a general dental services contract, means any person entering into the contract with the Board.
101 Requirement to provide certain primary dental services
(1) A general dental services contract must require the contractor or contractors to provide, for his or their patients, primary dental services of such descriptions as may be prescribed.
(2) Regulations under subsection (1) may in particular describe services by reference to the manner or circumstances in which they are provided.
(1) The Board may, subject to such conditions as may be prescribed, enter into a general dental services contract with—
(a) a dental practitioner,
(b) a dental corporation,
(c) two or more persons practising in partnership where the conditions in subsection (2) are satisfied ,
(d) a limited liability partnership where the conditions in subsection (2A) are satisfied.
(2) The conditions referred to in subsection (1)(c) are that—
(a) at least one partner is a dental practitioner, and
(b) subsection (3A) or (3B) applies.
(2A) The conditions referred to in subsection (1)(d) are that—
(a) at least one member is a dental practitioner, and
(b) subsection (3A) or (3B) applies.
(3) Regulations may make provision as to the effect, in relation to a general dental services contract entered into by individuals practising in partnership, of a change in the membership of the partnership.
(3A) This subsection applies if a partner or member who is a dental practitioner, or who falls within subsection (3C), has the power to secure that the partnership's affairs are conducted in accordance with that partner's or member's wishes.
(3B) This subsection applies if, in any combination of partners or members who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership's affairs are conducted in accordance with their wishes, at least one of them is a dental practitioner or a person who falls within subsection (3C).
(3C) A person falls within this subsection if the person is—
(a) an NHS employee,
(b) a section 92 employee, section 107 employee, section 50 employee, section 64 employee, section 17C employee or Article 15B employee,
(c) a health care professional who is engaged in the provision of services under this Act or the National Health Service (Wales) Act 2006, or
(d) an individual falling within section 108(1)(d).
(4) In this section—
“dental corporation” means a body corporate which is carrying on the business of dentistry in accordance with the Dentists Act 1984 (c. 24)
“health care professional”, “NHS employee”, “section 92 employee”, “section 107 employee”, “section 50 employee”, “section 64 employee”, “section 17C employee” and “Article 15B employee” have the meaning given by section 108.
(1) The Secretary of State may give directions as to payments to be made under general dental services contracts.
(2) A general dental services contract must require payments to be made under the contract in accordance with directions under this section.
(3) A direction under subsection (1) may in particular—
(a) provide for payments to be made by reference to compliance with standards or the achievement of levels of performance,
(b) provide for payments to be made by reference to—
(i) any scheme or scale specified in the direction, or
(ii) a determination made by any person in accordance with factors specified in the direction,
(c) provide for the making of payments in respect of individual practitioners,
(d) provide that the whole or any part of a payment is subject to conditions (and may provide that payments are payable by the Board only if it is satisfied as to certain conditions),
(e) make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates.
(4) Before giving a direction under subsection (1), the Secretary of State—
(a) must consult any body appearing to him to be representative of persons to whose remuneration the direction would relate, and
(b) may consult such other persons as he considers appropriate.
(5) “Payments” includes fees, allowances, reimbursements, loans and repayments.
(1) A general dental services contract must contain such provision as may be prescribed (in addition to the provision required by the preceding provisions of this Part).
(2) Regulations under subsection (1) may in particular make provision as to—
(a) the manner in which, and standards to which, services must be provided,
(b) the persons who perform services,
(c) the persons to whom services will be provided,
(d) the variation of contract terms (other than terms required by or under this Part),
(e) rights of entry and inspection (including inspection of clinical records and other documents),
(f) the circumstances in which, and the manner in which, the contract may be terminated,
(g) enforcement,
(h) the adjudication of disputes.
(3) Regulations under subsection (2)(d) may make provision as to the circumstances in which the Board may impose a variation of contract terms.
(4) Regulations under subsection (1) must make provision as to the right of patients to choose the persons from whom they receive services.
(1) Regulations may make provision for the resolution of disputes as to the terms of a proposed general dental services contract.
(2) Regulations under subsection (1) may make provision—
(a) for the referral of the terms of the proposed contract to the Secretary of State, and
(b) for the Secretary of State, or a person appointed by him, to determine the terms on which the contract may be entered into.
(3) Regulations may make provision for a person or persons entering into a general dental services contract to be regarded as a health service body for any purposes of section 9, in circumstances where he or they so elect.
(4) Regulations under subsection (3) may include provision as to the application of section 9 in cases where—
(a) persons practising in partnership elect to become a health service body, and
(b) there is a change in the membership of the partnership.
(5) Where—
(a) by virtue of regulations under subsection (3), section 9(11) applies in relation to a general dental services contract, and
(b) a direction as to payments is made under that provision in relation to the contract,
the direction is enforceable in the county court (if the court so orders) as if it were a judgment or order of that court.
(1) Regulations may provide that a health care professional of a prescribed description may not perform any primary dental service for which the Board is responsible unless he is included in a list maintained under the regulations by NHS England.
(2) For the purposes of this section—
(a) “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17),
(b) the Board is responsible for a dental service if it secures its provision by or under any enactment.
(3) Regulations under this section may make provision in relation to lists under this section and in particular as to—
(a) the preparation, maintenance and publication of a list,
(b) eligibility for inclusion in a list,
(c) applications for inclusion (including provision ... for the procedure for applications and the documents to be supplied on application),
(d) the grounds on which an application for inclusion may or must be granted or refused,
(e) requirements with which a person included in a list must comply (including the declaration of financial interests and gifts and other benefits),
(f) suspension or removal from a list (including provision for the grounds for, and consequences of, suspension or removal),
(g) circumstances in which a person included in a list may not withdraw from it,
(h) payments to be made in respect of a person suspended from a list (including provision for the amount of the payment, or the method of calculating the payment, to be determined by the Secretary of State or a person appointed by him),
(i) the criteria to be applied in making decisions under the regulations,
(j) appeals against decisions made by NHS England under the regulations, and
(k) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or removals,
and may make any provision corresponding to anything in sections 151 to 159.
(4) Regulations under this section may, in particular, also provide for—
(a) a person's inclusion in a list to be subject to conditions determined by NHS England,
(b) NHS England to vary the conditions or impose different ones,
(c) the consequences of failing to comply with a condition (including removal from a list),
(d) the review by NHS England of decisions made by it by virtue of the regulations.
(5) The imposition of such conditions must be with a view to—
(a) preventing any prejudice to the efficiency of the services to which a list relates, or
(b) preventing fraud.
(6) Regulations making provision as to the matters referred to in subsection (3)(k) may in particular authorise the disclosure of information—
(a) by NHS England to the Secretary of State, and
(b) by the Secretary of State to NHS England.
107 Arrangements by the Board for the provision of primary dental services
(1) The Board may make agreements, other than general dental services contracts, under which primary dental services are provided.
(2) An agreement must be in accordance with regulations under section 109.
(3) An agreement may not combine arrangements for the provision of primary dental services with arrangements for the provision of primary medical services.
(4) An agreement may not combine arrangements for the provision of primary dental services with arrangements for the provision of local pharmaceutical services.
(5) But an agreement may include arrangements for the provision of services which are not primary dental services but which may be provided under this Act, other than under Chapter 1 or 2 of Part 7 (pharmaceutical services and local pharmaceutical services under pilot schemes).
(6) This Act has effect, in relation to primary dental services provided under an agreement, as if those services were provided as a result of the delegation by the Secretary of State of his functions (by directions given under section 7).
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In this Act, arrangements for the provision of services made under this section are called “section 107 arrangements”.