28DD.—(1) Notwithstanding anything in sections 28C or 28D above, an agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme, may not be made by an Authority with a disqualified body.
- (2) For the purposes of this section, a body is a disqualified body if—
- (a) it is a public limited company, or
- (b) it is a person or body which provides medical or dental services other than within the National Health Service and does not fall within paragraphs (a) to (d) of section 28D(1) above; or
- (c) it enters into arrangements involving any special obligation or limit on clinical independence or choice, whether by virtue of a purchase, lease, discount or inducement, with any body concerned with the provision of medical, nursing or pharmaceutical services, or with the provision of medicines or medical or related appliances, other than a person falling within paragraphs (a) to (d) of section 28D(1) above.
- (3) For the purposes of determining whether a body is a disqualified body, it shall be sufficient proof that a body is not disqualified if the Secretary of State has issued a certificate that a body is not a disqualified body for the purposes of the agreement specified in that certificate.
- (4) A certificate issued under subsection (3) may be withdrawn or cancelled by the Secretary of State, and he shall inform the relevant Authority of any such withdrawal or cancellation."
- (2) In the 1978 Act, after section 17D (as inserted by section 21(2) above) insert—