National Health Service Act 1977

128 Interpretation and construction. E+W+S

(1) In this Act [F1 and Part I of the National Health Service and Community Care Act 1990], unless the contrary intention appears—

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F5 “dental corporation” has the meaning given by section 35(5);]

• “dental practitioner” means a person registered in the dentists register under the M1 Dentists Act [F6 1984];

• [F7 “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;]

• [F8 “dispensing optician” means a person who is registered in the register kept under section 2 of the M2 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;

• [F9 “the FHSAA” means the Family Health Services Appeal Authority;]

• “functions” included powers and duties;

• F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the health service” means the health service established in pursuance of [F11 section 1 of the M3 National Health Service Act 1946 and continued under] section 1(1) above;

• [F12 “health service body” has the same meaning as in section 4 of the M4 National Health Service and Community Care Act 1990;]

• “health service hospital” means a hospital vested in the Secretary of State [F13 for the purposes of his functions] under this Act [F14 or vested in [F15 a Primary Care Trust or] an NHS trust];

• [F16 “high security psychiatric services” has the meaning given by section 4 above]

• F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “hospital” means—

  (a)

  any institution for the reception and treatment of persons suffering from illness,

  (b)

  any maternity home, and

  (c)

  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 [F17 the M5 Mental Health Act 1983] and any injury or disability requiring medical or dental treatment or nursing;

• “local authority” means a county council, . . . F18 a district council, [F19 a county borough council,] a London borough council, and the Common Council of the City of London; F20 . . .

• “local education authority” has the same meaning as in the [F21 the Education Act 1996];

• [F22 “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, [F23 of a county borough]or of a metropolitan district or London borough, or the Common Council of the City of London;

• “medical” includes surgical;

• [F12 “medical list” has the meaning given by section 29A(6);]

• [F24 “medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the M6 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;

• [F25 “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;

• [F26 “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]

• “ophthalmic optician” means a person registered in either of the registers kept under [F27 section 7 of the Opticians Act 1989] of ophthalmic opticians or a body corporate enrolled in the list kept under [F28 section 9] of that Act of such bodies carrying on business as ophthalmic opticians;

• “patient” includes an expectant or nursing mother and a lying-in woman;

• [F12 “personal dental services” has the meaning given in section 28C(7);]

• [F12 “personal medical services” (except in section 29) has the meaning given in section 28C(7);]

• [F29 “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 [F30 or Part I of the National Health Service and Community Care Act 1990;]

• [F31 “PCT order” has the meaning given by section 16A above]

• [F32 “primary functions” shall be construed in accordance with section 3 of the National Health Service and Community Care Act 1990]

• “property” includes rights; . . . F4

• “registered pharmacist” means a pharmacist registered in the register of pharmaceutical chemists;

• “regulations” means regulations made by the Secretary of State under this Act [F33 or Part I of the National Health Service and Community Care Act 1990];

• F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “superannuation benefits” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;

• [F35 “terms of service” means the terms upon which by virtue of regulations a person undertakes to provide general medical services, general dental services, general ophthalmic services or pharmaceutical services.]

• “university” includes a university college;

• [F36 “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;]

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37 (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 [F38 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 [F38 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.

Textual Amendments

F1 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)

F2 Definitions of “District Health Authority” and “health authority” in s. 128(1) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)

F3 Definition repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 2, para. 10, Sch. 7

F4 Definition repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 7, para. 28, Sch. 8

F5 S. 128(1): Definition of "dental corporation" inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(5), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2, Sch. Pt. 1

F6 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 9

F7 Definition inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29(1), Sch. 9 Pt. I para. 22

F8 Definition repealed (prosp.) by Health and Social Security Act 1984 (c. 48, SIF 113:3), ss. 24, 27(1), Sch. 8 Pt. I

F9 S. 128(1): Definition of "the FHSAA" inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 27(3), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3(1), Sch. Pt. II (subject to art. 3(2))

F10 Definition of “fund-holding practice” in s. 128(1) repealed (1.10.1999 for E. and otherwise 1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 1999/2540, art. 2(1), Sch. 1; S.I. 2000/1041, art. 2(d), Sch.

F11 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(c)

F12 Definitions in s. 128(1) inserted (1.4.1998 for specified purposes and otherwise 10.12.1998) by 1997 c. 46, s. 41(10), Sch. 2 para. 28; S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5); S.I. 1998/2840, art. 2(3), Sch. (with art. 3)

F13 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(d)

F14 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(c)

F15 Words in the definition of “health service hospital” in s. 128(1) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F16 Definition of “high security psychiatric services” in s. 128(1) inserted (1.4.2000) by 1999 c. 8, s. 65, Sch. 4 para. 38(2)(b); S.I. 1999/2793, art. 2(3)(a), Sch. 3

F17 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(d)

F18 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102(2), Sch. 17

F19 Words in the definition of “local authority” in s. 128(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(3)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F20 Words in the definition of “local authority” in s. 128(1) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)

F21 Words in the definition of “local education authority” in s. 128(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(1), Sch. 37 para. 45 (with s. 1(4), Sch. 39)

F22 S. 128(1): definitions of "local pharmaceutical services" and "LPS arrangements" inserted (E.) (12.12.2002) by The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861), reg. 24

F23 Words in the definition of “local social services authority” in s. 128(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(3)(b) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F24 Definition substituted by Medical Act 1983 (c. 45, SIF 83:1), s. 56(1), Sch. 5 para. 16(b)

F25 Definitions inserted (the insertion not being in force until 1.4.1991 so far as it relates to the definition of “NHS contract”) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(d)

F26 Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(e)

F27 Words substituted by Opticians Act 1989 (c. 44, SIF 83:1), s. 37(1)(a)

F28 Words substituted by Opticians Act 1989 (c. 44, SIF 83:1), s. 37(1)(b)

F29 Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(f)

F30 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(g)

F31 Definition of “PCT order” in s. 128(1) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(2)(c); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F32 Definition inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(h)

F33 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(i)

F34 Definition of “special hospital” in s. 128(1) repealed (1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 1999/2793, art. 2(3)(a), Sch. 3

F35 S. 128(1): Definition of “terms of service” inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 5(14) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II

F36 Definition substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(e)

F37 S. 128(1A) inserted (1.9.1999 for E. for specified purposes, 1.12.1999 for W. for specified purposes, 4.1.2000 for E. for other specified purposes and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(3); S.I. 1999/2342, art. 2(1)(3)(a), Schs. 1, 2; S.I. 1999/3184, art. 2(2), Sch. 2

F38 Words in s. 128(1A) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 33; S.I. 2002/2478, art. 3(1)(c)

Marginal Citations

M1 1984 c. 24(83:1).

M2 1958 c. 32(83:1).

M3 1946 c. 81.

M4 1990 c. 19.

M5 1983 c. 20(85).

M6 1978 c. 30(115:1).