|
| |
|
Health Service Commissioning Board to direct Primary Care Trusts to |
| |
exercise its functions under section 92 pending the commencement of |
| |
| |
38 (1) | Section 93 (participants in section 92 arrangements) is amended as follows. |
| |
| 5 |
(a) | for “A Strategic Health Authority” substitute “The Board”, and |
| |
| |
(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 |
| |
39 (1) | Section 94 (regulations about section 92 arrangements) is amended as |
| |
| |
(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 |
| |
| |
(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. |
| |
| 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),”. |
| |
| |
(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 |
| |
| 35 |
| |
(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”. |
| |
| 40 |
| |
|
| |
|
| |
|
(a) | for “A Primary Care Trust” substitute “The Board”, and |
| |
(b) | in paragraphs (a) and (b), for “the Primary Care Trust” substitute |
| |
| |
| |
| 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.” |
| |
| |
| |
(a) | for “Each Primary Care Trust” substitute “The Board”, and |
| 15 |
(b) | for “for which it makes provision” substitute “for which provision is |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
(2) | In the following provisions, for “a Primary Care Trust” substitute “the |
| |
| |
(a) | subsection (1), in each place it occurs, |
| |
| 40 |
|
| |
|
| |
|
(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.” |
| |
| |
(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 |
| |
| 20 |
50 (1) | Section 108 (participants in section 107 arrangements) is amended as |
| |
| |
| |
(a) | for “A Strategic Health Authority” substitute “The Board”, and |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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”. |
| |
| |
(a) | for “a Primary Care Trust” substitute “the Board”, and |
| 40 |
(b) | for “the Primary Care Trust” substitute “the Board”. |
| |
|
| |
|
| |
|
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 |
| |
| |
(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”. |
| |
| |
| |
(a) | for “A Primary Care Trust” substitute “The Board”, and |
| |
(b) | in paragraphs (a) and (b), for “the Primary Care Trust” substitute |
| 10 |
| |
| |
| |
55 (1) | Section 115 (duty relating to primary ophthalmic services) is amended as |
| |
| 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 |
| |
| |
(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”. |
| |
| 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 |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
58 | In section 119 (exclusion of contractors), for “a Primary Care Trust” |
| |
| |
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 |
| |
| |
(2) | In the following provisions, for “a Primary Care Trust” substitute “the |
| |
| 15 |
(a) | subsection (1), in each place it occurs, |
| |
| |
(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 |
| |
| 25 |
| |
(a) | for “A Primary Care Trust” substitute “The Board”, and |
| |
(b) | at the end insert “or primary ophthalmic services that fall within |
| |
| |
| 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 |
| |
| |
(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 |
| |
(a) | for “A Primary Care Trust” substitute “The Board”, and |
| |
|
| |
|
| |
|
(b) | in paragraphs (a) and (b), for “the Primary Care Trust” substitute |
| |
| |
| |
| |
64 (1) | Section 126 (arrangements for pharmaceutical services) is amended as |
| 5 |
| |
(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 |
| |
65 (1) | Section 127 (arrangements for additional pharmaceutical services) is |
| |
| |
(2) | In subsections (1)(a) and (b) and (2), for “a Primary Care Trust”, substitute |
| |
| 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 |
| |
| |
(2) | In subsection (1), for “the Primary Care Trust to which they apply” |
| 20 |
| |
(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 |
| |
| 25 |
(2) | In subsection (1), for “a Primary Care Trust” substitute “the Board”. |
| |
| |
| |
(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”, |
| |
| |
(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).” |
| |
|
| |
|
| |
|
(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”. |
| |
| |
(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 |
| |
| 10 |
(8) | In subsection (6)(c)— |
| |
(a) | for “the Primary Care Trust”, in the first place it appears, substitute |
| |
| |
(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 |
| |
| |
(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 |
| |
(2) | In subsections (1) and (4)(a), (b), (c), (d) and (e), for “a Primary Care Trust” |
| |
| |
| |
(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 |
| |
(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 |
| |
| 40 |
(2) | In subsection (1)(a)— |
| |
|
| |
|