Trade Union and Labour Relations (Consolidation) Act 1992

279 Health service practitioners.E+W+S

F1[(1)]In this Act worker includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person [F2performing F3. . . personal dental services or] providing F3. . . general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made—

(a)by a F4... [F5Primary Care Trust [F6 under section 126 of the National Health Service Act 2006] or] [F7Health Authority] under section F8. . . [F971 or 80 of the National Health Service (Wales) Act 2006] of the M1National Heath Service Act 1977, or

(b)by a Health Board under section [F1017C,] F11. . . 25, 26, or 27 of the M2National Health Service (Scotland) Act 1978 [F12or as a person providing local pharmaceutical services under a pilot scheme [F13established under section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006, or under an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006;]]

and employer, in relation to such an individual, regarded in that capacity, means that authority or board.

[F14(2)In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services—

(a)in accordance with arrangements made by a Primary Care Trust, Strategic Health Authority or Local Health Board under [F15section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006]; or

(b)under a contract under [F16section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006] entered into by him with a Primary Care Trust or Local Health Board,

and “employer” in relation to such an individual, regarded in that capacity, means that Trust, Authority or Board.]

[F17(3)In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services–

(a)in accordance with arrangements made by a Health Board under section 17C of the National Health Service (Scotland) Act 1978; or

(b)under a contract under section 17J of that Act entered into by him with a Health Board,

and “employer” in relation to such an individual, regarded in that capacity, means that Health Board.]

Textual Amendments

F1S. 279 renumbered as s. 279(1) (1.4.2004) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(a), Sch. 11 para. 59(1)(3) (with savings (W.) by S.I. 2004/1016, art. 88); S.I. 2004/288, art. 5(2)(v) (with art. 7(1)(9) (as amended by S.I. 2005/2925, art. 12) and as amended by S.I. 2004/866, art. 2); S.I. 2004/480, art. 4(z) (with arts. 6, 7) (as amended by S.I. 2004/1019, art. 2(1) and as amended by S.I. 2006/345, art. 8(1))

F2Words in s. 279 inserted (1.4.1998 subject to art. 3 of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 67(a); S.I. 1998/631, art. 2(1)

F3Words in s. 279(1) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 2, Sch. para. 7(a)(i) (with savings for effect (S.) by S.S.I. 2004/163, art. 99)

F4Words in s. 279(1)(a) omitted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 154(a)(i) (with Sch. 3 Pt 1)

F5Words in s. 279(1)(a) inserted (1.10.2002 for E.W. and otherwise prosp.) by 2002 c. 17, ss. 2(5), 42(3), Sch. 2 Pt. 2 para. 60; S.I. 2002/2478, art. 3(1)(d)

F6Words in s. 279(1)(a) inserted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 154(a)(ii) (with Sch. 3 Pt 1)

F7Words in s. 279(a) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 122 (with Sch. 2 para. 6)

F8Words in S. 279(1)(a) repealed (1.4.2004) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(a), Sch. 11 para. 59(1)(2), Sch. 14 Pt. 4 (with savings (W.) by S.I. 2004/1016, art. 88); S.I. 2004/288, arts. 5(2)(v), 6(2)(k) (with art. 7(1)(9) (as amended by S.I. 2005/2925, art. 12) and as amended by S.I. 2004/866, art. 2); S.I. 2004/480, arts. 4(z), 5(2)(k) (with arts. 6, 7) (as amended by S.I. 2004/1019, art. 2(1) and as amended by S.I. 2006/345, art. 8(1))