Health and Social Care Bill

Health and Social Care Bill - continued	House of Commons
SCHEDULE 9A, THE FAMILY HEALTH SERVICES APPEAL AUTHORITY - continued

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	PART II
	PHARMACEUTICAL SERVICES
	CHAPTER I
	LOCAL PHARMACEUTICAL SERVICES
	Preparation and making of pilot schemes
Pilot schemes.	29. - (1) Health Authorities may establish pilot schemes.
	(2) In this Chapter "pilot scheme" means one or more agreements-
	(a) made by a Health Authority ("A") in accordance with this Chapter;
	(b) under which local pharmaceutical services are to be provided (otherwise than by A); and
	(c) the parties to which do not include any other Health Authority.
	(3) A pilot scheme may include arrangements-
	(a) for the provision of services which are not local pharmaceutical services, but which may be provided under Part I of the 1977 Act (whether or not of the kind usually provided by pharmacies);
	(b) for the provision of training and education (including training and education for persons who are, or may become, involved in the provision of local pharmaceutical services).
	(4) A pilot scheme may not combine arrangements for the provision of local pharmaceutical services with arrangements for the provision of personal medical services or personal dental services under any provision of, or made under, the 1977 Act or the National Health Service (Primary Care) Act 1997.
	(5) In this Chapter "piloted services" means services provided under a pilot scheme (including any services to which the scheme applies as a result of subsection (3)).
	(6) In determining the arrangements they need to make in order to comply with section 41 of the 1977 Act (arrangements to be made by Health Authorities for the provision of pharmaceutical services), a Health Authority may take into account arrangements under a pilot scheme made by them.
	(7) The functions of an NHS trust or a Primary Care Trust include power to provide any services to which a pilot scheme applies.
	(8) In this Chapter "local pharmaceutical services" means such pharmaceutical services (other than practitioner services) as may be prescribed by regulations.
	(9) "Practitioner services" means pharmaceutical services-
	(a) provided by a medical practitioner to a person to whom he is giving general medical services; or
	(b) provided by a dental practitioner to a person to whom he is giving general dental services.
Making pilot schemes.	30. Schedule 2 makes provision with respect to making pilot schemes, including provision with respect to the procedure to be followed.
Designation of priority neighbourhoods or premises.	31. - (1) The relevant authority may make regulations allowing a Health Authority to-
	(a) designate neighbourhoods,
	(b) designate premises, or
	(c) designate descriptions of premises,
	for the purposes of this section.
	(2) The regulations may, in particular, make provision-
	(a) as to the circumstances in which, and the neighbourhoods or premises in relation to which, designations may be made or maintained;
	(b) allowing a Health Authority to defer consideration of Part II applications relating to neighbourhoods, premises or descriptions of premises that have been designated;
	(c) as to how, and to what extent, a Health Authority may give priority to piloted services;
	(d) allowing a designation to be cancelled in prescribed circumstances;
	(e) requiring a designation to be cancelled-
	(i) if a relevant authority gives a direction to that effect; or
	(ii) in prescribed circumstances.
	(3) "Part II applications" means applications for inclusion in a list maintained under section 42 of the 1977 Act.
	(4) "Prescribed" means prescribed by the regulations.
	Reviews, variation and termination of pilot schemes
Reviews of pilot schemes.	32. - (1) At least one review of the operation of each pilot scheme must be conducted by the relevant authority.
	(2) Each pilot scheme must be reviewed under this section before the end of the period of three years beginning with the date on which piloted services are first provided under the scheme.
	(3) When conducting a review of a pilot scheme, the relevant authority must give-
	(a) the Health Authority concerned, and
	(b) any person providing services under the scheme,
	an opportunity to comment on any matter relevant to the review.
	(4) Otherwise, the procedure on any review is to be determined by the relevant authority.
Variation and termination of pilot schemes.	33. - (1) The relevant authority may give directions authorising Health Authorities to vary pilot schemes (otherwise than in response to directions given under subsection (2)) in such circumstances, and subject to such conditions, as may be specified in the directions.
	(2) The relevant authority may by directions require a pilot scheme to be varied by the Health Authority concerned in accordance with the directions.
	(3) If satisfied that a pilot scheme is (for any reason) unsatisfactory, the relevant authority may give directions to the Health Authority concerned requiring them to bring the scheme to an end in accordance with the terms of the directions.

Prepared 21 December 2000