National Health Service Act 1977

Further provisions as to payments by patients for health service accommodation and servicesE+W+S

63 Hospital accommodation on part payment.E+W+S

(1)The Secretary of State may authorise the accommodation described in this section to be made available, [F1for patients to such extent as he may determine, and may recover such charges as he may determine in respect of such accommodation and calculate them on any basis that he considers to be the appropriate commercial basis].

The accommodation mentioned above is—

(a)in single rooms or small wards which is not for the time being needed by any patient on medical grounds;

(b)at any health service hospital or group of hospitals, or a hospital in which patients are treated under arrangements made by virtue of section 23 above, or at the health service hospitals in a particular area or a hospital in which patients are so treated.

[F2(1C)References in subsection (1) above to a health service hospital do not include references to a hospital vested in an NHS trust.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

64 Expenses payable by remuneratively employed resident patients.E+W+S

The Secretary of State may require any person—

(a)who is a resident patient for whom the Secretary of State provides services under this Act; and

(b)who is absent during the day for the purpose of engaging in remunerative employment from the hospital where he is a patient,

to pay such part of the cost of his maintenance in the hospital and any incidental cost as may seem reasonable to the Secretary of State having regard to the amount of that person’s remuneration, and the Secretary of State may recover the amount so required.

[F465 Accommodation and services for private patients.E+W+S

(1)[F5If the Secretary of State is satisfied, in the case of a health service hospital or group of such hospitals, that it is reasonable to do so, he may authorise accommodation and services at the hospital or hospitals in question to be made available, to such extent as he may determine][F5Subject to the provisions of this section, to such extent as they may determine, a District or Special Health Authority may make available at a hospital or hospitals for which they have responsibility accommodation and services], for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation and services made available, such charges as the Secretary of State may determine and may make and recover such charges as he may determine in respect of such accommodation and services and calculate them on any basis that he considers to be the appropriate commercial basis; but he shall do so only if and to the extent that he is satisfied that to do so—

(a)will not to a significant extent interfere with the performance by [F6him of any duty imposed on him by][F6the Authority of any function conferred on the Authority under] this Act to provide accommodation or services of any kind; and

(b)will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than under this section.

[F7(1A)Before determining to make any accommodation or services available as mentioned in subsection (1) above, a District or Special Health Authority shall consult organisations representative of the interests of persons likely to be affected by the determination.]

(2)[F8The Secretary of State][F8A District or Special Health Authority] may allow accommodation and services [F9to which an authorisation under subsection (1) above relates to be made available][F9which are made available under subsection (1) above to be so made available] in connection with treatment, in pursuance of arrangements made by a medical practitioner or dental practitioner serving (whether in an honorary or paid capacity) on the staff of a health service hospital for the treatment of private patients of that practitioner.

[X1(3)The Secretary of State shall revoke an authorisation under this section only if and to the extent that he is satisfied that sufficient accommodation and facilities for the private practice of medicine and dentistry are otherwise reasonably available (whether privately or at health service hospitals) to meet the reasonable demand for them in the area or areas served by the hospital or hospitals in question.]

[F10(3)The Secretary of State may give directions to a District or Special Health Authority in relation to the exercise of its functions under this section; and it shall be the duty of an authority to whom directions are so given to comply with them.]

[F11(4)References in the preceding provisions of this section to a health service hospital do not include references to a hospital vested in an NHS trust.]]

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