National Health Service (Private Finance) Act 1997

1997 CHAPTER 56 _cross-notes

An Act to make provision about the powers of National Health Service trusts to enter into agreements.

[15th July 1997]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

[^F1 1 Powers of NHS trusts to enter into agreements. _cross-notes

(1) The powers of a [^F2 Health Board, a Special Health Board and the Common Services Agency for the Scottish Health Service (“ the Agency ”) to enter into contracts ^F2] include power to enter into externally financed development agreements.

(2) For the purposes of this section, an agreement is an externally financed development agreement if it is certified as such in writing by the Secretary of State.

(3) The Secretary of State may give a certificate under this section if—

(a) in his opinion the purpose or main purpose of the agreement is the provision of facilities in connection with the discharge by the [^F3 Board or, as the case may be, the Agency ^F3] of any of its functions; and

(b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with the agreement.

(4) If a [^F4 Health Board, a Special Health Board or the Agency ^F4] enters into an externally financed development agreement it may also, in connection with that agreement, enter into an agreement with a person who falls within subsection (3)(b) in relation to the externally financed development agreement.

(5) In subsection (3)—

“ another party ” means any party to the agreement other than the [^F5 Board or, as the case may be, the Agency ^F5] ; and
“ facilities ” includes—

(a)

works, buildings, plant, equipment or other property; and

(b)

services.

(6) The fact that an agreement made by a [^F6 Health Board, a Special Health Board or the Agency ^F6] has not been certified under this section does not affect its validity. ^F1]

2 Provision for Northern Ireland.

^M1 An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of section 1—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3 Short title and extent.

(1) This Act may be cited as the National Health Service (Private Finance) Act 1997.

(2) Section 2 extends to Northern Ireland but section 1 does not.

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

in force

Provision is in force

in force*

In force only for specified purposes (see footnote)

not in force

Not in force in England (may be in force in other geographies, see footnotes)

defined term

Defined term

_dfn

Defined term (alternative style)

footnote	commentary	related provisions	geo extent	insert/omit
C1	Act: transfer of functions (1.7.1999) by 1999/672, art. 2 Sch. 1
C2	S. 1 extended (4.1.2000) by 1999 c. 8 , s. 65 , Sch. 4 para. 89 ; S.I. 1999/2343 , art. 2(3) , Sch. 2
F1	S. 1 repealed (E.W.) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1 )	this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed: England and Wales	repealed
F2	Words in s. 1(1) substituted (S.) (30.7.2004) by National Health Service Reform (Scotland) Act 2004 (asp 7) , s. 12(1) , Sch. 1 para. 2(a) ; S.S.I. 2004/335 , art. 2(b)		substituted: Scotland	substituted
F3	Words in s. 1(3)(a) substituted (S.) (30.7.2004) by National Health Service Reform (Scotland) Act 2004 (asp 7) , s. 12(1) , Sch. 1 para. 2(b) ; S.S.I. 2004/335 , art. 2(b)		substituted: Scotland	substituted
F4	Words in s. 1(4) substituted (S.) (30.7.2004) by National Health Service Reform (Scotland) Act 2004 (asp 7) , s. 12(1) , Sch. 1 para. 2(c) ; S.S.I. 2004/335 , art. 2(b)		substituted: Scotland	substituted
F5	Words in s. 1(5) substituted (S.) (30.7.2004) by National Health Service Reform (Scotland) Act 2004 (asp 7) , s. 12(1) , Sch. 1 para. 2(b) ; S.S.I. 2004/335 , art. 2(b)		substituted: Scotland	substituted
F6	Words in s. 1(6) substituted (S.) (30.7.2004) by National Health Service Reform (Scotland) Act 2004 (asp 7) , s. 12(1) , Sch. 1 para. 2(c) ; S.S.I. 2004/335 , art. 2(b)		substituted: Scotland	substituted
M1	1974 c. 28 .

Defined Term	Section/Article	ID
another party	s. 1	def_6196fad6aa
facilities	s. 1	def_87053944b1
the Agency	s. 1	def_075d0ac278

Defined Term

Section/Article

Scope of Application

another party

s. 1

def_6196fad6aa

facilities

s. 1

def_87053944b1

the Agency

s. 1

def_075d0ac278

National Health Service (Private Finance) Act 1997

1997 CHAPTER 56 cross-notes

[F1 1 Powers of NHS trusts to enter into agreements. cross-notes

2 Provision for Northern Ireland.

3 Short title and extent.

Status of changes to instrument text

1997 CHAPTER 56 _cross-notes

[^F1 1 Powers of NHS trusts to enter into agreements. _cross-notes