Health and Social Care Bill (HL Bill 132)

32 (1) Section 84 (general medical services contracts: introductory) is amended as
follows.

(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
5Board”.

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

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

33 In section 86 (persons eligible to enter into general medical services
contracts), in subsection (1), for “A Primary Care Trust” substitute “The
10Board”.

34 In section 87 (general medical services contracts: payments), in subsection
(3)(d), for “a Primary Care Trust” substitute “the Board”.

35 (1) In section 89 (general medical services contracts: required terms), in
subsection (4)(a), for “a Primary Care Trust” substitute “the Board”.

(2) 15The 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.

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

(2) 20In the following provisions, for “a Primary Care Trust” substitute “the
Board”—

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

(b) subsection (3)(j),

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

(d) 25subsection (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) In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

37 (1) 30Section 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
to section 83(2) or general medical services contracts, under which
35primary 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
provision of primary medical services”.

(6) 40The provision which may be made by virtue of section 304(10)(a) of this Act
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 92 pending the commencement of
section 34 of this Act.

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

(2) 5In 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),
omit “Primary Care Trust or”.

(4) 10In that subsection, in the definition of “qualifying body”, for “(e) or (g)”
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) 15In 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)
In subsection (6), for “a Primary Care Trust” substitute “the Board”.

(5) 20The 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).

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

(2) 25In 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) In subsection (2)—

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

(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
35area”.

(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) 40Omit 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”.

Part 5 5Dental services

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
10provision 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).

(4) In subsection (3)—

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

(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
20in relation to primary dental services”.

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
25Board”.

(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
30Board”.

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) 35Section 106 (persons performing primary dental 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) 40subsection (3)(j),

(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
5provision by or under any enactment.”

(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) 10The Board may make agreements, other than general dental services
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) 15The provision which may be made by virtue of section 304(10)(a) of this Act
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
20section 34 of this Act.

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) 25omit paragraph (g).

(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) 30In 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
107 arrangements,”.

(4) 35In subsection (6), for “a Primary Care Trust” substitute “the Board”.

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) 40for “a Primary Care Trust” substitute “the Board”, and

(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
area”.

(3) 5In 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) In subsection (10)—

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

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

Part 6 Ophthalmic services

55 (1) Section 115 (duty relating to primary ophthalmic services) is amended as
15follows.

(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) 20Arrangements made for the purposes of subsection (1) may include
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
25as it considers appropriate; and it may, in particular, make
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) 30Omit subsection (6).

(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
35amended as follows.

(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”.

(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
5Board”.

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 10In section 121 (general ophthalmic services contracts: other required terms),
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
15Board”—

(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) 20In 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) 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
25amended as follows.

(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) 30In subsection (2)—

(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
35Trusts” 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) in paragraph (b), for “the Primary Care Trust” substitute “the Board”.

(4) 40In 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
“the Board”.

Part 7 Pharmaceutical services

64 (1) 5Section 126 (arrangements for pharmaceutical services) is amended as
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) 10In subsection (6), for “a Primary Care Trust” substitute “the Board”.

(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
15“the Board”.

(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) 20In subsection (1), for “the Primary Care Trust to which they apply”
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
25follows.

(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) 30for “the area of the Primary Care Trust” substitute “England”,

(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) 35Regulations under subsection (2)(a) may, in particular, require a list
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”.

(7) In subsection (6)—

(a) 5in 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
place it appears, substitute “the Board”, and

(c) in paragraph (f), for “that Primary Care Trust” substitute “the
10Board”.

(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) 15In 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) for “the Primary Care Trust” substitute “the Board”.

69 (1) 20Section 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) In subsection (3)(a), omit the words from “and such” to the end.

70 (1) 25Section 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) In subsection (3)—

(a) 30for “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
subsection (3) to be prepared by reference to an area of a
35prescribed description,”.

(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
40follows.

(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) omit “area or”.

(3) In subsection (1)(b), for “any such area or part” substitute “any part of
5England”.

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

72 (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) 10in 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) 15In 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
Primary Care Trust concerned” substitute “the Board”.

75 (1) 20Section 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”.

76 (1) 25Section 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”.

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

(a) 30for “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.

78 (1) 35Section 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
40Primary Care Trust”, in each place it appears, substitute “the Board”.

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

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

(3) 5In subsection (2), for “Primary Care Trusts” substitute “the Board”.

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

81 (1) 10Section 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”.

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

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

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

(3) 20In subsection (5), for “The Primary Care Trust” substitute “The Board”.

84 (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
Board”.

85 (1) 25Section 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) In subsections (3), (4) and (5)(a) and (b) for “the Primary Care Trust”
30substitute “the Board”.

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

86 (1) Section 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) 35In 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”.