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
(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—
works, buildings, plant, equipment or other property; and
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F1S. 1 repealed (E.W.) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)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.
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
(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.