National Health Service Act 1977

128 Interpretation and construction.

(1) In this Act and Part I of the National Health Service and Community Care Act 1990, unless the contrary intention appears— . . . . . . . . . ... “dental practitioner” means a person registered in the dentists register under the Dentists Act 1984; “disabled persons” means persons who are blind, deaf or dumb or who suffer from mental disorder of any description and other persons who are substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed; “dispensing optician” means a person who is registered in the register kept under section 2 of the Opticians Act 1958 of dispensing opticians or a body corporate enrolled in the list kept under section 4 of that Act of such bodies carrying on business as dispensing opticians; “equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle; “the FHSAA” means the Family Health Services Appeal Authority; “financial year” means a period of 12 months ending with 31st March in any year; “functions” included powers and duties; . . . . . . “general dental services contract” has the meaning given by section 28K above; “general medical services contract” has the meaning given by section 28Q above; “the health service” means the health service established in pursuance of section 1 of the National Health Service Act 1946 and continued under section 1(1) above; “health service body” has the same meaning as in section 4 of the National Health Service and Community Care Act 1990; “health service hospital” means a hospital vested in the Secretary of State for the purposes of his functions under this Act or vested in a Primary Care Trust , an NHS trust or an NHS foundation trust; “high security psychiatric services” has the meaning given by section 4 above . . . “hospital” means— any institution for the reception and treatment of persons suffering from illness, any maternity home, and any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation, and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and hospital accommodation shall be construed accordingly; “illness” includes mental disorder within the meaning of the Mental Health Act 1983 and any injury or disability requiring medical or dental treatment or nursing; “local authority” means a county council, . . . a district council, a county borough council, a London borough council, and the Common Council of the City of London; . . . “local education authority” has the same meaning as in the the Education Act 1996; “local pharmaceutical services” means such services of a kind which may be provided under section 41 or by virtue of section 41A (except the provision of drugs, medicines or listed appliances by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 43(1)) as are prescribed by regulations under section 28 of the Health and Social Care Act 2001; “LPS arrangements” means arrangements made under a pilot scheme established under section 28 of the Health and Social Care Act 2001; “local social services authority” means the council of a non-metropolitan county, of a county boroughor of a metropolitan district or London borough, or the Common Council of the City of London; “medical” includes surgical; ... “medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978 “medicine” includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 above; “modifications” includes additions, omissions and amendments; “NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990; “National Health Service trust” has the meaning assigned by section 5 of the National Health Service and Community Care Act 1990 and “NHS trust” shall be construed accordingly “officer” includes servant; “operational date”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 2 to the National Health Service and Community Care Act 1990 “optometrist” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989 , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act , or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist; “patient” includes an expectant or nursing mother and a lying-in woman; ... ... “pharmaceutical services” has the meaning assigned by section 41 of this Act “prescribed” means prescribed by regulations made by the Secretary of State under this Act or Part I of the National Health Service and Community Care Act 1990; “PCT order” has the meaning given by section 16A above “primary dental services” means services which are primary dental services for the purposes of Part 1 (see section 16CA); “primary functions” shall be construed in accordance with section 3 of the National Health Service and Community Care Act 1990 “primary medical services” means services which are primary medical services for the purposes of Part 1 (see section 16CC). “property” includes rights; . . . “registered pharmacist” means a pharmacist registered in the register of pharmaceutical chemists; “regulations” means regulations made by the Secretary of State under this Act or Part I of the National Health Service and Community Care Act 1990; “section 28C arrangements” means arrangements made under section 28C; . . . “superannuation benefits” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits; “terms of service” means the terms upon which by virtue of regulations a person undertakes to provide ... general ophthalmic services or pharmaceutical services. “university” includes a university college; “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority; . . . (1A) So far as is necessary or expedient in consequence of a direction under section 16D or 17A above providing for the exercise by a Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust of a function exercisable by another person, any reference in any enactment, instrument or other document to that other person is to be read as a reference to the Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust. (2) References in this Act to the purposes of a hospital shall be construed as referring both to the general purposes of the hospital and to any specific purpose of the hospital. (3) Any reference in this Act to any enactment is a reference to it as amended or applied by or under any other enactment including this Act.