Sch 7A para 22
(1) In any case where an NHS trust provides goods or services for the benefit of an individual and— (a) those goods or services are not provided pursuant to an NHS contract; and (b) the condition of the individual is such that he needs those goods or services and, having regard to his condition, it is not practicable before providing them to enter into an NHS contract for their provision, and (c) the provision of those goods or services is a function of a Health Board or is within the primary functions of a Health Authority established under section 8 of the National Health Service Act 1977, or is within the functions of a Health and Social Care trust mentioned in Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991( S.I. 1991/194 (N.I. 1) ) . . . the trust shall be remunerated by that Board . . . or Health and Social Care trust in respect of the provision of the goods or services in question. (2) The rate of any remuneration payable by virtue of sub-paragraph (1) shall be calculated in such manner or on such basis as may be determined by the Secretary of State.