(3) In subsection (2), for paragraph (b) substitute—

“(b) the Board is responsible for a dental service if it secures its
provision by or under any enactment.”

(4) In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

48 (1) 5Section 107 (arrangements by Strategic Health Authorities for the provision
of primary dental services) is amended as follows.

(2) For subsection (1) substitute—

“(1) The Board may make agreements, other than general dental services
contracts, under which primary dental services are provided.”

(3) 10Omit subsection (7).

(4) For the title to that section substitute “Arrangements by the Board for the
provision of primary dental services”.

(5) The provision which may be made by virtue of section 302(8)(a) of this Act
in an order under section 304 of this Act providing for the commencement
15of this paragraph includes, in particular, provision enabling the National
Health Service Commissioning Board to direct Primary Care Trusts to
exercise its functions under section 107 pending the commencement of
section 30 of this Act.

49 (1) Section 108 (participants in section 107 arrangements) is amended as
20follows.

(2) In subsection (1)—

(a) for “A Strategic Health Authority” substitute “The Board”, and

(b) omit paragraph (g).

(3) In subsection (3), in the definition of “NHS employee”, in paragraph (b),
25omit “Primary Care Trust or”.

50 (1) Section 109 (regulations about section 107 arrangements) is amended as
follows.

(2) In subsection (2), for “Strategic Health Authorities” substitute “the Board”.

(3) In subsection (3), after paragraph (c) insert—

“(ca) 30make provision with respect to the performance outside
England of services to be provided in accordance with section
107 arrangements,”.

(4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.

51 Omit section 110 (transfer of liabilities relating to section 107 arrangements).

52 (1) 35Section 112 (assistance and support) is amended as follows.

(2) In subsection (1), for “A Primary Care Trust” substitute “The Board”.

(3) In subsection (2)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

53 (1) 40Section 113 (Local Dental Committees) is amended as follows.

(2) In subsection (1), for the words from the beginning to “other Primary Care
Trusts” substitute “The Board may recognise a committee formed for an
area”.

(3) In subsection (3)(b), for “the Primary Care Trust” substitute “the Board”.

(4) 5In subsection (6), for “a Primary Care Trust” substitute “the Board”.

(5) Omit subsection (7).

(6) In subsection (10)—

(a) for “A Primary Care Trust” substitute “The Board”, and

(b) in paragraphs (a) and (b), for “the Primary Care Trust” substitute
10“the Board”.

Part 6 Ophthalmic services

54 (1) Section 115 (duty relating to primary ophthalmic services) is amended as
follows.

(2) 15In subsection (1), for the words from the beginning to “area,” substitute “The
Board must exercise its powers so as to secure the provision throughout
England”.

(3) After that subsection insert—

“(1A) Arrangements made for the purposes of subsection (1) may include
20arrangements for the performance of a service outside England.”

(4) For subsection (4) substitute—

“(4) The Board may (in addition to any other power conferred on it) make
such arrangements for the provision of primary ophthalmic services
as it considers appropriate; and it may in particular make contractual
25arrangements with any person.

(4A) Arrangements made for the purposes of subsection (4) may include
arrangements for the performance of a service outside England.”

(5) In subsection (5), for “Each Primary Care Trust” substitute “The Board”.

(6) Omit subsection (6).

(7) 30In subsection (9), in paragraph (b), for “(d)” substitute “(e)”.

(8) For the cross-heading preceding that section substitute “Duty of the Board
in relation to primary ophthalmic services”.

55 (1) Section 117 (general ophthalmic services contracts: introductory) is
amended as follows.

(2) 35In subsection (1), for “A Primary Care Trust” substitute “The Board”.

(3) In subsections (3) and (5), for “the Primary Care Trust” substitute “the
Board”.

(4) In subsection (4), for paragraph (b) substitute—

“(b) services which are to be performed outside England.”

56 In section 118 (persons eligible to enter into general ophthalmic services
contracts), in subsection (1), for “A Primary Care Trust” substitute “The
Board”.

57 In section 119 (exclusion of contractors), for “a Primary Care Trust”
5substitute “the Board”.

58 In section 120 (general ophthalmic services contracts: payments), in
subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.

59 In section 121 (general ophthalmic services contracts: other required terms),
in subsection (3)(a), for “a Primary Care Trust” substitute “the Board”.

60 (1) 10Section 123 (persons performing primary ophthalmic services) is amended
as follows.

(2) In the following provisions, for “a Primary Care Trust” substitute “the
Board”—

(a) subsection (1), in each place it occurs,

(b) 15subsection (3)(j),

(c) subsection (4)(a), (b) and (d), and

(d) subsection (7)(a) and (b).

(3) In subsection (2), for paragraph (b) substitute—

“(b) the Board is responsible for an ophthalmic service if it secures
20its provision by or under any enactment.”

(4) In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

61 (1) Section 124 (primary ophthalmic services: assistance and support) is
amended as follows.

(2) In subsection (1)—

(a) 25for “A Primary Care Trust” substitute “The Board”, and

(b) at the end insert “or primary ophthalmic services that fall within
section 115(4)”.

(3) In subsection (2), for “a Primary Care Trust” substitute “the Board”, and for
“the Primary Care Trust” substitute “the Board”.

62 (1) 30Section 125 (Local Optical Committees) is amended as follows.

(2) In subsection (1), for the words from the beginning to “other Primary Care
Trusts” substitute “The Board may recognise a committee formed for an
area”.

(3) In subsection (3)—

(a) 35in paragraph (a), omit “, whether under section 115(4)(a), or”, and

(b) in paragraph (b), for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (7), for “a Primary Care Trust” substitute “the Board”.

(5) In subsection (10)—

(a) for “A Primary Care Trust” substitute “The Board”, and

(b) 40in paragraphs (a) and (b), for “the Primary Care Trust” substitute
“the Board”.

Part 7 Pharmaceutical services

63 (1) Section 126 (arrangements for pharmaceutical services) is amended as
follows.

(2) 5In subsection (1), for “Each Primary Care Trust” substitute “The Board”.

(3) In subsection (3), for the words from “as respects” to “that area” substitute
“for the provision to persons who are in England”.

(4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.

(5) Omit subsection (7).

64 (1) 10Section 127 (arrangements for additional pharmaceutical services) is
amended as follows.

(2) In subsections (1)(a) and (b) and (2), for “a Primary Care Trust”, substitute
“the Board”.

(3) In subsection (1)(a), for “within or outside its area” substitute “in England”.

(4) 15In subsection (2), omit the words from “(whether” to the end.

65 (1) Section 128 (terms and conditions of arrangements under section 127) is
amended as follows.

(2) In subsection (1), for “the Primary Care Trust to which they apply”
substitute “the Board”.

(3) 20In subsection (4), for “A Primary Care Trust” substitute “The Board”.

(4) In subsection (5), for “a Primary Care Trust” substitute “the Board”.

66 (1) Section 129 (regulations as to pharmaceutical services) is amended as
follows.

(2) In subsection (1), for “a Primary Care Trust” substitute “the Board”.

(3) 25In subsection (2)—

(a) in paragraph (a)—

(i) for “a Primary Care Trust” substitute “the Board”, and

(ii) for “the area of the Primary Care Trust” substitute “England”,

(b) in paragraph (b), for “a Primary Care Trust” substitute “the Board”,
30and

(c) in paragraph (c), for “the Primary Care Trust” substitute “the Board”.

(4) After subsection (2ZA) (inserted by section 210(3)) insert—

“(2ZB) Regulations under subsection (2)(a) may, in particular, require a list
of persons to be prepared by reference to the area in which the
35premises from which the services are provided are situated (and
regulations imposing that requirement must prescribe the
description of area by reference to which the list is to be prepared).”

(5) In subsection (2A), for “The Primary Care Trust” substitute “The Board”,

(6) In subsections (2C), (3A), (4), (5) and (8), for “the Primary Care Trust”, in
40each place it appears, substitute “the Board”.

(7) In subsection (6)—

(a) in paragraphs (za), (a), (b), (c), (d), (g), (h), (i), (j) and (k), for “a
Primary Care Trust” substitute “the Board”,

(b) in paragraphs (b), (e) and (k), for “the Primary Care Trust”, in each
5place it appears, substitute “the Board”, and

(c) in paragraph (f), for “that Primary Care Trust” substitute “the
Board”.

(8) In subsection (6)(c)—

(a) for “the Primary Care Trust”, in the first place it appears, substitute
10“the Board”, and

(b) omit “in the area of the Primary Care Trust”.

(9) In subsection (10A), for “Primary Care Trusts” substitute “The Board”.

67 In section 130 (regulations about appeals from decisions on applications for
inclusion in pharmaceutical list), in subsection (2)—

(a) 15for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

68 (1) Section 131 (power to charge fee to applicants) is amended as follows.

(2) In subsection (1), for “a Primary Care Trust” substitute “the Board”.

(3) In subsections (2)(b), (3)(b) and (5), for “the Primary Care Trust” substitute
20“the Board”.

(4) In subsection (3)(a), omit the words from “and such” to the end.

69 (1) Section 132 (persons authorised to provide pharmaceutical services) is
amended as follows.

(2) In subsections (1) and (4)(a), (b), (c), (d) and (e), for “a Primary Care Trust”
25substitute “the Board”.

(3) In subsection (3)—

(a) for “each Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (4), after paragraph (a) insert—

“(aa) 30requiring a list of medical practitioners referred to in
subsection (3) to be prepared by reference to an area of a
prescribed description,”.

(5) In subsection (5)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) 35for “the Primary Care Trust” substitute “the Board”.

70 (1) Section 133 (inadequate provision of pharmaceutical services) is amended as
follows.

(2) In subsection (1)(a)—

(a) for “the area, or part of the area, of a Primary Care Trust” substitute
40“any part of England”, and

(b) omit “area or”.

(3) In subsection (1)(b), for “any such area or part” substitute “any part of
England”.

(4) In subsection (2)(a), for “the Primary Care Trust” substitute “the Board”.

71 (1) Section 134 (pilot schemes) is amended as follows.

(2) In subsection (1), for “Primary Care Trusts” substitute “The Board”.

(3) In subsection (2)—

(a) 5in paragraph (a), for “a Primary Care Trust” substitute “the Board”,

(b) after that paragraph insert “and”,

(c) in paragraph (b), omit “(otherwise than by the Primary Care Trust)”,
and

(d) omit paragraph (c) and the preceding “and”.

(4) 10In subsection (5), for “a Primary Care Trust” substitute “the Board”.

72 In section 136 (designation of priority neighbourhoods or premises), in
subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the Board.”

73 In section 137 (reviews of pilot schemes), in subsection (3)(a), for “the
Primary Care Trust concerned” substitute “the Board”.

74 (1) 15Section 138 (variation and termination of pilot schemes) is amended as
follows.

(2) In subsection (1), for “Primary Care Trusts” substitute “the Board”.

(3) In subsections (2) and (3), for “the Primary Care Trust concerned” substitute
“the Board”.

75 (1) 20Section 140 (funding of preparatory work) is amended as follows.

(2) In subsection (1), for “Primary Care Trusts” substitute “the Board”.

(3) In subsection (3)(b) and (c), for “a Primary Care Trust” substitute “the
Board”.

76 (1) In section 144 (local pharmaceutical services schemes)—

(a) 25for “Primary Care Trusts” substitute “the Board or the Secretary of
State”, and

(b) omit “or Strategic Health Authorities”.

(2) In consequence of the repeal made by sub-paragraph (1)(b), omit section
29(4) of the Health Act 2009.

77 (1) 30Section 148 (conditional inclusion in pharmaceutical lists) is amended as
follows.

(2) In subsection (1), in paragraph (a), for “the Primary Care Trust in whose list
he is included” substitute “the Board”.

(3) In subsections (1)(b), (c) and (e), (3)(a) and (b)(ii) and (iii) and (4), for “the
35Primary Care Trust”, in each place it appears, substitute “the Board”.

(4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.

78 (1) Section 150A (notices and penalties) is amended as follows.

(2) In subsection (1)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) 40for “the Primary Care Trust” substitute “the Board”.

(3) In subsection (2), for “Primary Care Trusts” substitute “the Board”.

79 (1) Section 151 (disqualification of practitioners) is amended as follows.

(2) In subsection (1), for “a Primary Care Trust” substitute “the Board”.

(3) In subsection (5), for “the Primary Care Trust” substitute “the Board”.

(4) 5In subsection (6), for “The Primary Care Trust” substitute “The Board”.

80 (1) Section 152 (contingent removal) is amended as follows.

(2) In subsections (1) and (3), for “the Primary Care Trust” substitute “the
Board”.

(3) In subsection (4), for “The Primary Care Trust” substitute “The Board”.

81 10In section 154 (suspension), in subsections (1), (3), (4), (6)(b) and (c) and (8)
(in each place it appears), for “the Primary Care Trust” substitute “the
Board”.

82 (1) Section 155 (suspension pending removal) is amended as follows.

(2) In subsections (1), (3) and (6), for “the Primary Care Trust” substitute “the
15Board”.

(3) In subsection (5), for “The Primary Care Trust” substitute “The Board”.

83 (1) Section 157 (review of decisions) is amended as follows.

(2) In subsection (1), for “The Primary Care Trust” substitute “The Board”.

(3) In subsections (2)(a) and (3), for “the Primary Care Trust” substitute “the
20Board”.

84 (1) Section 158 (appeals) is amended as follows.

(2) In subsection (1), for “a Primary Care Trust” substitute “the Board”.

(3) In subsections (2) and (6), for “The Primary Care Trust” substitute “The
Board”.

(4) 25In subsections (3), (4) and (5)(a) and (b) for “the Primary Care Trust”
substitute “the Board”.

(5) In subsection (7), for “Primary Care Trusts” substitute “the Board”.

85 (1) Section 159 (national disqualification) is amended as follows.

(2) In subsection (1), for “each Primary Care Trust”, in each place it appears,
30substitute “the Board”.

(3) In subsection (3), for “a Primary Care Trust” substitute “the Board”.

(4) In subsection (4)—

(a) for “The Primary Care Trust” substitute “The Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

(5) 35In subsection (5), for “the Primary Care Trust’s” substitute “the Board’s”.

(6) In subsection (6)—

(a) in paragraph (a), for “no Primary Care Trust or” substitute “neither
the Board nor a”, and

(b) in paragraph (b), for “each Primary Care Trust” substitute “the Board
(if he is included in a list prepared by it)”.

86 In section 160 (notification of decisions), for “a Primary Care Trust”
substitute “the Board”.

87 5In section 161 (withdrawal from lists), in paragraphs (a) and (b), for “a
Primary Care Trust” substitute “the Board”.

88 (1) Section 162 (regulations about decisions under Chapter 6 of Part 7) is
amended as follows.

(2) In subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the
10Board”.

(3) In subsections (2)(c) and (3), for “the Primary Care Trust” substitute “the
Board”.—

89 (1) Section 164 (remuneration for persons providing pharmaceutical services) is
amended as follows.

(2) 15In subsection (3)(b), for “any Primary Care Trust” substitute “the Board”.

(3) In subsection (4A)(a), for “a Primary Care Trust” substitute “the Board”.

90 (1) Section 166 (indemnity cover) is amended as follows.

(2) In subsection (2)(b)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) 20for “the Primary Care Trust”, in each place it appears, substitute “the
Board”.

(3) In subsection (3), in paragraph (a) of the definition of “indemnity cover”, for
“a Primary Care Trust” substitute “the Board”.

91 (1) Section 167 (local pharmaceutical committees) is amended as follows.

(2) 25In subsection (1), for the words from the beginning to “other Primary Care
Trusts,” substitute “The Board may recognise a committee formed for an
area”.

(3) In subsections (2)(a) and (3)(a), omit “in the Primary Care Trust’s area”.

(4) In subsections (2)(a) and (b), (3)(a) and (b), (9), (10) and (11), for “the Primary
30Care Trust” substitute “the Board”.

(5) In subsections (6) and (7), for “a Primary Care Trust” substitute “the Board”.

(6) In subsection (9), for “A Primary Care Trust” substitute “The Board”.

92 (1) Schedule 11 (pilot schemes) is amended as follows.

(2) In paragraph 1 (initiation of pilot schemes), in sub-paragraph (1)(a), for “a
35Primary Care Trust” substitute “the Board”.

(3) In paragraph 2 (preliminary steps)—

(a) in sub-paragraph (1), for “the Primary Care Trust concerned”
substitute “the Board”,

(b) in sub-paragraphs (2), (3), (4) and (5)(a) and (b), for “a Primary Care
40Trust” substitute “the Board”,

(c) in sub-paragraph (3)(b), for “the Primary Care Trust” substitute “the
Board”, and

(d) in sub-paragraph (5)(d)—

(i) for “Primary Care Trusts” substitute “the Board”, and

(ii) 5for “them” substitute “it”.

(4) In paragraph 3 (approvals)—

(a) in sub-paragraphs (2) and (3)(b), for “the Primary Care Trust”
substitute “the Board”, and

(b) in sub-paragraph (3)(a), for “the Primary Care Trust concerned”
10substitute “the Board”.

(5) In paragraph 4 (preliminary approval)—

(a) in sub-paragraphs (1) and (4), for “a Primary Care Trust” substitute
“the Board”, and

(b) in sub-paragraph (2), for “The Primary Care Trust” substitute “The
15Board”.

(6) In paragraph 5 (effect of proposals on existing services)—

(a) in sub-paragraph (1)(a)—

(i) for “the Primary Care Trust”, in the first place it appears,
substitute “the Board”, and

(ii) 20for “the area of the Primary Care Trust” substitute “the area
concerned”,

(b) in sub-paragraph (1)(b), for the words from “supplied” to the end
substitute “prepared under sub-paragraph (3)”,

(c) in sub-paragraph (3)—

(i) 25for “a Primary Care Trust” substitute “the Board”,

(ii) for “the area of another Primary Care Trust” substitute
“another area”, and

(iii) for “consult that other Primary Care Trust about” substitute
“prepare an assessment of the likely effect on those services
30of the implementation of”, and

(d) omit sub-paragraph (4).

(7) In paragraph 7 (making a scheme)—

(a) in sub-paragraphs (1), (2) and (4), for “the Primary Care Trust
concerned” substitute “the Board”, and

(b) 35in sub-paragraph (1), for “the Primary Care Trust must” substitute
“the Board must”.

(8) Any pilot scheme under Chapter 2 of Part 7 of the National Health Service
Act 2006 having effect immediately before the commencement of this
paragraph is to continue to have effect as if it had been established by the
40Board; and nothing in this paragraph or paragraphs 57 to 61 affects the
validity of anything done under or for the purposes of the scheme.

93 (1) Schedule 12 (LPS schemes) is amended as follows.

(2) In paragraph 1 (provision of local pharmaceutical services)—

(a) in sub-paragraph (1)—

(i) 45for “Primary Care Trusts” substitute “The Board or the
Secretary of State”, and

(ii) omit “or Strategic Health Authorities”,

(b) in sub-paragraph (2)—

(i) in paragraph (a), for “a Primary Care Trust” substitute “the
Board or the Secretary of State (the “commissioner”)”,

(ii) in that paragraph, omit “or Strategic Health Authority (the
5“commissioning body”)”, and

(iii) in paragraph (b), for “the commissioning body” substitute
“the commissioner”,

(c) omit sub-paragraph (2A),

(d) for sub-paragraph (2B) substitute—

“(2B) 10The Secretary of State may establish an LPS scheme only
where the other party is the Board.

(2C) The Board may provide local pharmaceutical services
under an LPS scheme only in such circumstances as may
be prescribed.”, and

(e) 15in each of sub-paragraphs (5) and (6), for “a Primary Care Trust”
substitute “the Board”.

(3) In paragraph 2 (designation of priority neighbourhoods or premises)—

(a) in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust”
substitute “the Board”, and

(b) 20in sub-paragraph (1), omit “or Strategic Health Authority”.

(4) In paragraph 3 (regulations)—

(a) in sub-paragraph (2), for “the commissioning body” substitute “the
commissioner”, and

(b) in sub-paragraph (3)(k)—

(i) 25for “Primary Care Trusts” substitute “the Board or the
Secretary of State”, and

(ii) omit “or Strategic Health Authorities”.

(5) In consequence of the repeals made by this paragraph, omit section 29(7),
(8)(a) and (c), (10), (12) and (15) of the Health Act 2009.

(6) 30Any LPS scheme under Chapter 3 of Part 7 of the National Health Service
Act 2006 having effect immediately before the commencement of this
paragraph is to continue to have effect as if it had been established by the
Board; and nothing in this paragraph or paragraph 62 affects the validity of
anything done under or for the purposes of the scheme.

35Part 8 Charging

94 In section 176 (dental charging)—

(a) in subsection (3), for “a Primary Care Trust or Special Health
Authority” substitute “the Board”, and

(b) 40in subsection (4)(a), omit sub-paragraph (i).

95 In section 177 (exemptions from dental charging), in subsection (4), omit
paragraph (a).

96 (1) Section 180 (payments in respect of costs of optical appliances) is amended
as follows.