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Health and Social Care Bill (HL Bill 92)

Health and Social Care BillPage 300

(2) The variations to contract terms that may be imposed by virtue of subsection
(2)(d) of that section include, in particular, variations in consequence of the
establishment of clinical commissioning groups.

(1) Section 91 (persons performing primary medical services) is amended as
5follows.

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

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

(b) subsection (3)(j),

(c) 10subsection (4)(a), (b) and (d), and

(d) subsection (6)(a) and (b).

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

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

(4) 15In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

(1) Section 92 (arrangements by Strategic Health Authorities for the provision
of primary medical services) is amended as follows.

(2) For subsection (1) substitute—

(1) The Board may make agreements, other than arrangements pursuant
20to section 83(2) or general medical services contracts, under which
primary medical services are provided.

(3) Omit subsection (6).

(4) Omit subsection (7).

(5) For the title to that section substitute “Arrangements by the Board for the
25provision of primary medical services”.

(6) The provision which may be made by virtue of section 298(8)(a) of this Act
in an order under section 300 of this Act providing for the commencement
of this paragraph includes, in particular, provision enabling the National
Health Service Commissioning Board to direct Primary Care Trusts to
30exercise its functions under section 92 pending the commencement of
section 31 of this Act.

(1) Section 93 (participants in section 92 arrangements) is amended as follows.

(2) In subsection (1)—

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

(b) 35omit paragraph (g).

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

(4) In that subsection, in the definition of “qualifying body”, for “(e) or (g)”
substitute “or (e)”.

(1) 40Section 94 (regulations about section 92 arrangements) is amended as
follows.

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

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

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

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

(5) The variations of arrangements which may be imposed by virtue of
subsection (3)(f) include, in particular, variations in consequence of the
establishment of clinical commissioning groups.

40 Omit section 95 (transfer of liabilities relating to section 92 arrangements).

(1) 10Section 96 (assistance and support) is amended as follows.

(2) In subsection (1)—

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

(b) before paragraph (a) insert—

(za) primary medical services pursuant to section 83(2),.

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

(1) Section 97 (Local Medical 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
20area”.

(3) In subsection (3)—

(a) in paragraph (a), omit sub-paragraph (i), and

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

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

(5) 25Omit 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
“the Board”.

30Part 5 Dental services

(1) Section 99 (duty relating to primary dental services) is amended as follows.

(2) For subsection (1) substitute—

(1) The Board must, to the extent that it considers necessary to meet all
35reasonable requirements, exercise its powers so as to secure the
provision of primary dental services throughout England.

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

(3) Omit subsection (2).

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(4) In subsection (3)—

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

(b) for “for which it makes provision” substitute “for which provision is
made”.

(5) 5Omit subsection (4).

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

(1) Section 100 (general dental services contracts: introductory) is amended as
follows.

(2) 10In subsection (1), for “A Primary Care Trust” substitute “The Board”.

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

(4) In subsection (3), in paragraph (a), after “dental services” insert “or services
which are to be performed outside England”.

45 15In section 102 (persons eligible to enter into general dental services
contracts), in subsection (1), for “A Primary Care Trust” substitute “The
Board”.

46 In section 103 (general dental services contracts: payments), in subsection
(3)(d), for “a Primary Care Trust” substitute “the Board”.

47 20In section 104 (general dental services contracts: required terms), in
subsection (3) for “a Primary Care Trust” substitute “the Board”.

(1) Section 106 (persons performing primary dental services) is amended as
follows.

(2) In the following provisions, for “a Primary Care Trust” substitute “the
25Board”—

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

(b) subsection (3)(j),

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

(d) subsection (6)(a) and (b).

(3) 30In 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”.

(1) Section 107 (arrangements by Strategic Health Authorities for the provision
35of 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) Omit subsection (7).

(4) 40For the title to that section substitute “Arrangements by the Board for the
provision of primary dental services”.

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(5) The provision which may be made by virtue of section 298(8)(a) of this Act
in an order under section 300 of this Act providing for the commencement
of this paragraph includes, in particular, provision enabling the National
Health Service Commissioning Board to direct Primary Care Trusts to
5exercise its functions under section 107 pending the commencement of
section 31 of this Act.

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

(2) In subsection (1)—

(a) 10for “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),
omit “Primary Care Trust or”.

(1) Section 109 (regulations about section 107 arrangements) is amended as
15follows.

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

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

(ca) make provision with respect to the performance outside
England of services to be provided in accordance with section
20107 arrangements,.

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

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

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

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

(3) 25In subsection (2)—

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

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

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

(2) In subsection (1), for the words from the beginning to “other Primary Care
30Trusts” 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) In subsection (6), for “a Primary Care Trust” substitute “the Board”.

(5) Omit subsection (7).

(6) 35In subsection (10)—

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

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

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Part 6 Ophthalmic services

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

(2) 5In 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
10arrangements 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
15arrangements 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) 20In 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”.

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

(2) 25In 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.

57 30In section 118 (persons eligible to enter into general ophthalmic services
contracts), in subsection (1), for “A Primary Care Trust” substitute “The
Board”.

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

59 35In section 120 (general ophthalmic services contracts: payments), in
subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.

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

(1) Section 123 (persons performing primary ophthalmic services) is amended
40as follows.

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

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

(b) subsection (3)(j),

(c) 5subsection (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
its provision by or under any enactment.

(4) 10In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

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

(2) In subsection (1)—

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

(b) 15at 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”.

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

(2) 20In 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) in paragraph (a), omit “, whether under section 115(4)(a), or”, and

(b) 25in 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) in paragraphs (a) and (b), for “the Primary Care Trust” substitute
30“the Board”.

Part 7 Pharmaceutical services

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

(2) 35In 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).

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(1) Section 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) 5In subsection (1)(a), for “within or outside its area” substitute “in England”.

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

(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”
10substitute “the Board”.

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

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

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

(2) 15In subsection (1), for “a Primary Care Trust” substitute “the Board”.

(3) In 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) 20in paragraph (b), for “a Primary Care Trust” substitute “the Board”,
and

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

(4) After subsection (2ZA) (inserted by section 204(3)) insert—

(2ZB) Regulations under subsection (2)(a) may, in particular, require a list
25of persons to be prepared by reference to the area in which the
premises 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) 30In subsections (2C), (3A), (4), (5) and (8), for “the Primary Care Trust”, in
each 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) 35in paragraphs (b), (e) and (k), for “the Primary Care Trust”, in each
place it appears, substitute “the Board”, and

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

(8) In subsection (6)(c)—

(a) 40for “the Primary Care Trust”, in the first place it appears, substitute
“the Board”, and

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

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

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

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

(b) 5for “the Primary Care Trust” substitute “the Board”.

(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
“the Board”.

(4) 10In subsection (3)(a), omit the words from “and such” to the end.

(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”
substitute “the Board”.

(3) 15In 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) requiring a list of medical practitioners referred to in
20subsection (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) for “the Primary Care Trust” substitute “the Board”.

(1) 25Section 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
“any part of England”, and

(b) 30omit “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”.

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

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

(3) In subsection (2)—

(a) in 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)”,
40and

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

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

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

74 In section 137 (reviews of pilot schemes), in subsection (3)(a), for “the
5Primary Care Trust concerned” substitute “the Board”.

(1) Section 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
10“the Board”.

(1) Section 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”.

(1) 15In section 144 (local pharmaceutical services schemes)—

(a) for “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
2029(4) of the Health Act 2009.

(1) Section 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) 25In subsections (1)(b), (c) and (e), (3)(a) and (b)(ii) and (iii) and (4), for “the
Primary Care Trust”, in each place it appears, substitute “the Board”.

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

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

(2) In subsection (1)—

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

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

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

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

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

(3) 35In subsection (5), for “the Primary Care Trust” substitute “the Board”.

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

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

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

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

82 In 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”.

(1) 5Section 155 (suspension pending removal) is amended as follows.

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

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

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

(2) 10In subsection (1), for “The Primary Care Trust” substitute “The Board”.

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

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

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

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

(4) In 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”.

(1) 20Section 159 (national disqualification) is amended as follows.

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

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

(4) In subsection (4)—

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

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

(5) In 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
30the 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)”.

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

88 35In section 161 (withdrawal from lists), in paragraphs (a) and (b), for “a
Primary Care Trust” substitute “the Board”.

(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
40Board”.