- Latest available (Revised)
- Original (As enacted)
National Health Service (Private Finance) Act 1997
You are here:
- UK Public General Acts
- 1997 c. 56
- Whole Act
- Previous
- Next
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: National Health Service (Private Finance) Act 1997
Alternative versions:
Changes to legislation:
There are currently no known outstanding effects for the National Health Service (Private Finance) Act 1997.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
National Health Service (Private Finance) Act 1997
1997 CHAPTER 56
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:—
Modifications etc. (not altering text)
C1Act: transfer of functions (1.7.1999) by 1999/672, art. 2 Sch. 1
[F11 Powers of NHS trusts to enter into agreements.E+W+S
(1)The powers of a [F2Health Board, a Special Health Board and the Common Services Agency for the Scottish Health Service (“the Agency”) to enter into contracts] 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 [F3Board or, as the case may be, the Agency ] 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 [F4Health Board, a Special Health Board or the Agency ] 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 [F5Board or, as the case may be, the Agency ]; and
“facilities” includes—
(a)works, buildings, plant, equipment or other property; and
(b)services.
(6)The fact that an agreement made by a [F6Health Board, a Special Health Board or the Agency ] has not been certified under this section does not affect its validity.]
Textual Amendments
F1S. 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)
F2Words 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)
F3Words 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)
F4Words 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)
F5Words 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)
F6Words 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)
Modifications etc. (not altering text)
C2S. 1 extended (4.1.2000) by 1999 c. 8, s. 65, Sch. 4 para. 89; S.I. 1999/2343, art. 2(3), Sch. 2
S. 1 applied (10.10.2002 for W.) by 2002 c. 17, ss. 6(4), 42(3); S.I. 2002/2532, art. 2, Sch.
2 Provision for Northern Ireland.U.K.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M1Northern 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.
Marginal Citations
3 Short title and extent.U.K.
(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.
Options/Help
Print Options
PrintThe Whole Act
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.