Persons with whom agreements may not be made

Orders of the Day — National Health Service (Primary Care) Bill [Lords] – in the House of Commons at 6:45 pm on 12th March 1997.

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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.

  1. (2) For the purposes of this section, a body is a disqualified body if—
    1. (a) it is a public limited company, or
    2. (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
    3. (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.
  2. (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.
  3. (4) A certificate issued under subsection (3) may be withdrawn or cancelled by the Secretary of State, and he shall inform the relevant Authority of any such withdrawal or cancellation."
  4. (2) In the 1978 Act, after section 17D (as inserted by section 21(2) above) insert—