The Student Room Group

Emanation of the state

Are private hospitals that have a private law body an emanation of the state? I am thinking that they are as they have special powers under the cases Foster and Farell in terms of prescribing medication etc. But my lecture and required reading only states that public health authorities are.

Thank you for your help
Only a doctor registered with the GMC can prescribe medication. A doctor may do so within the NHS, or when practising privately. A private hospital does not ordinarily provide a public service under the control of the State, and therefore would not be an emanation of the State as that term is understood in EU law. A private hospital may however provide such a service when it is contracted by an NHS body to provide a service which would otherwise be provided by the NHS.

In addition, a private mental hospital which detains people under sections 2 or 3 of the Mental Health Act 1983 would be in that respect a public body for the purposes of judicial review and human rights law.

Ms S Byng MA (Oxon), barrister, Lincoln's Inn.

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