Health and Social Care Bill

Session 2010 - 12
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Health and Social Care Bill

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 4 — Medical services
311

Health Service Commissioning Board to direct Primary Care Trusts to
exercise its functions under section 92 pending the commencement of
section 34 of this Act.
38    (1)
Section 93 (participants in section 92 arrangements) is amended as follows.
      (2)
In subsection (1)—
5
(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),
omit “Primary Care Trust or”.
      (4)
In that subsection, in the definition of “qualifying body”, for “(e) or (g)”
10
substitute “or (e)”.
39    (1)
Section 94 (regulations about section 92 arrangements) is amended as
follows.
      (2)
In subsection (2), for “Strategic Health Authorities” substitute “the Board”.
      (3)
In subsection (3), after paragraph (c) insert—
15
“(ca)
make provision with respect to the performance outside
England of services to be provided in accordance with section
92 arrangements,”.
      (4)
In subsection (6), for “a Primary Care Trust” substitute “the Board”.
      (5)
The variations of arrangements which may be imposed by virtue of
20
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).
41    (1)
Section 96 (assistance and support) is amended as follows.
      (2)
In subsection (1)—
25
(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)
In subsection (2)—
(a)
for “a Primary Care Trust” substitute “the Board”, and
30
(b)
for “the Primary Care Trust” substitute “the Board”.
42    (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
area”.
35
      (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)
Omit subsection (7).
40
      (6)
In subsection (10)—

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 5 — Dental services
312

(a)
for “A Primary Care Trust” substitute “The Board”, and
(b)
in paragraphs (a) and (b), for “the Primary Care Trust” substitute
“the Board”.
Part 5
Dental services
5
43    (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
reasonable requirements, exercise its powers so as to secure the
provision of primary dental services throughout England.
10
(1A)
Arrangements made for the purposes of subsection (1) may include
arrangements for the performance of a service outside England.”
      (3)
Omit subsection (2).
      (4)
In subsection (3)—
(a)
for “Each Primary Care Trust” substitute “The Board”, and
15
(b)
for “for which it makes provision” substitute “for which provision is
made”.
      (5)
Omit subsection (4).
      (6)
For the cross-heading preceding that section substitute “Duty of the Board
in relation to primary dental services”.
20
44    (1)
Section 100 (general dental services contracts: introductory) is amended as
follows.
      (2)
In subsection (1), for “A Primary Care Trust” substitute “The Board”.
      (3)
In subsections (3) and (4), for “the Primary Care Trust” substitute “the
Board”.
25
      (4)
In subsection (3), in paragraph (a), after “dental services” insert “or services
which are to be performed outside England”.
45
In section 102 (persons eligible to enter into general dental services
contracts), in subsection (1), for “A Primary Care Trust” substitute “The
Board”.
30
46
In section 103 (general dental services contracts: payments), in subsection
(3)(d), for “a Primary Care Trust” substitute “the Board”.
47
In section 104 (general dental services contracts: required terms), in
subsection (3) for “a Primary Care Trust” substitute “the Board”.
48    (1)
Section 106 (persons performing primary dental services) is amended as
35
follows.
      (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),
40

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 5 — Dental services
313

(c)
subsection (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 dental service if it secures its
provision by or under any enactment.”
5
      (4)
In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
49    (1)
Section 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
10
contracts, under which primary dental services are provided.”
      (3)
Omit 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 304(10)(a) of this Act
15
in an order under section 306 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
exercise its functions under section 107 pending the commencement of
section 34 of this Act.
20
50    (1)
Section 108 (participants in section 107 arrangements) is amended as
follows.
      (2)
In subsection (1)—
(a)
for “A Strategic Health Authority” substitute “The Board”, and
(b)
omit paragraph (g).
25
      (3)
In subsection (3), in the definition of “NHS employee”, in paragraph (b),
omit “Primary Care Trust or”.
51    (1)
Section 109 (regulations about section 107 arrangements) is amended as
follows.
      (2)
In subsection (2), for “Strategic Health Authorities” substitute “the Board”.
30
      (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
107 arrangements,”.
      (4)
In subsection (6), for “a Primary Care Trust” substitute “the Board”.
35
52
Omit section 110 (transfer of liabilities relating to section 107 arrangements).
53    (1)
Section 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
40
(b)
for “the Primary Care Trust” substitute “the Board”.

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 6 — Ophthalmic services
314

54    (1)
Section 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”.
5
      (4)
In 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
55    (1)
Section 115 (duty relating to primary ophthalmic services) is amended as
follows.
15
      (2)
In 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
20
arrangements 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
25
contractual arrangements 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).
30
      (7)
In 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”.
56    (1)
Section 117 (general ophthalmic services contracts: introductory) is
amended as follows.
35
      (2)
In subsection (1), for “A Primary Care Trust” substitute “The Board”.
      (3)
In subsections (3) and (5), for “the Primary Care Trust” substitute “the
Board”.

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 6 — Ophthalmic services
315

      (4)
In subsection (4), for paragraph (b) substitute—
“(b)
services which are to be performed outside England.”
57
In section 118 (persons eligible to enter into general ophthalmic services
contracts), in subsection (1), for “A Primary Care Trust” substitute “The
Board”.
5
58
In section 119 (exclusion of contractors), for “a Primary Care Trust”
substitute “the Board”.
59
In 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),
10
in subsection (3)(a), for “a Primary Care Trust” substitute “the Board”.
61    (1)
Section 123 (persons performing primary ophthalmic services) is amended
as follows.
      (2)
In the following provisions, for “a Primary Care Trust” substitute “the
Board”—
15
(a)
subsection (1), in each place it occurs,
(b)
subsection (3)(j),
(c)
subsection (4)(a), (b) and (d), and
(d)
subsection (7)(a) and (b).
      (3)
In subsection (2), for paragraph (b) substitute—
20
“(b)
the Board is responsible for an ophthalmic 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”.
62    (1)
Section 124 (primary ophthalmic services: assistance and support) is
amended as follows.
25
      (2)
In subsection (1)—
(a)
for “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)—
30
(a)
for “a Primary Care Trust” substitute “the Board”, and
(b)
for “the Primary Care Trust” substitute “the Board”.
63    (1)
Section 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
35
area”.
      (3)
In subsection (3)—
(a)
in 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”.
40
      (5)
In subsection (10)—
(a)
for “A Primary Care Trust” substitute “The Board”, and

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 7 — Pharmaceutical services
316

(b)
in paragraphs (a) and (b), for “the Primary Care Trust” substitute
“the Board”.
Part 7
Pharmaceutical services
64    (1)
Section 126 (arrangements for pharmaceutical services) is amended as
5
follows.
      (2)
In 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”.
10
      (5)
Omit subsection (7).
65    (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”.
15
      (3)
In subsection (1)(a), for “within or outside its area” substitute “in England”.
      (4)
In subsection (2), omit the words from “(whether” to the end.
66    (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”
20
substitute “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”.
67    (1)
Section 129 (regulations as to pharmaceutical services) is amended as
follows.
25
      (2)
In 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”,
30
(b)
in 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 207(3)) insert—
“(2ZB)
Regulations under subsection (2)(a) may, in particular, require a list
35
of 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).”

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 7 — Pharmaceutical services
317

      (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
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
5
Primary Care Trust” substitute “the Board”,
(b)
in 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”.
10
      (8)
In subsection (6)(c)—
(a)
for “the Primary Care Trust”, in the first place it appears, substitute
“the Board”, and
(b)
omit “in the area of the Primary Care Trust”.
      (9)
In subsection (10A), for “Primary Care Trusts” substitute “The Board”.
15
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)
for “the Primary Care Trust” substitute “the Board”.
69    (1)
Section 131 (power to charge fee to applicants) is amended as follows.
20
      (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)
In subsection (3)(a), omit the words from “and such” to the end.
70    (1)
Section 132 (persons authorised to provide pharmaceutical services) is
25
amended as follows.
      (2)
In subsections (1) and (4)(a), (b), (c), (d) and (e), for “a Primary Care Trust”
substitute “the Board”.
      (3)
In subsection (3)—
(a)
for “each Primary Care Trust” substitute “the Board”, and
30
(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
subsection (3) to be prepared by reference to an area of a
prescribed description,”.
35
      (5)
In subsection (5)—
(a)
for “a Primary Care Trust” substitute “the Board”, and
(b)
for “the Primary Care Trust” substitute “the Board”.
71    (1)
Section 133 (inadequate provision of pharmaceutical services) is amended as
follows.
40
      (2)
In subsection (1)(a)—