Health and Social Care Bill

Health and Social Care Bill - continued	House of Commons
PART I, NATIONAL HEALTH SERVICE - continued

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Abolition of Medical Practices Committee and National Health Service Tribunal

Abolition of Medical Practices Committee.

18. - (1) The Medical Practices Committee is abolished.

(2) On the date this section comes into force-

(a) all property in the possession of the Medical Practices Committee, and

(b) all rights and liabilities to which the Medical Practices Committee is entitled or subject immediately before that date,

shall be transferred to the Secretary of State.

(3) In Schedule 10 to the 1977 Act (additional provisions as to sale of medical practices)-

(a) for each reference to "the Medical Practices Committee" and "the Committee", and for "Medical Practices Committee" in the heading preceding paragraph 1, there shall be substituted "the Secretary of State",

(b) in paragraph 1(3)-

(i) for "they are" there shall be substituted "he is", and

(ii) for "they shall" there shall be substituted "he shall", and

(i) where it first occurs there shall be substituted "the Secretary of State", and

(ii) where it occurs the second time there shall be substituted "him".

(4) A certificate issued by the Medical Practices Committee under paragraph 1(3) of Schedule 10 to the 1977 Act before the commencement of this section shall continue to have effect from then on as if it had been issued by the Secretary of State.

Vacancies for medical practitioners.

19. - (1) Section 29B of the 1977 Act (which provides for regulations about the filling of vacancies for general practitioners) shall be amended as follows.

(2) In subsection (2)-

(a) for paragraphs (a) and (b) there shall be substituted-

	"(a) the determination by a Health Authority of whether there is, or will be, a vacancy for a medical practitioner in a locality;
	(b) any consultation which a Health Authority must undertake before doing so;", and

(b) in paragraph (c), for "the Medical Practices Committee" there shall be substituted "a Health Authority".

(3) In subsection (3)(b), for "Secretary of State" there shall be substituted "FHSAA".

Abolition of NHS Tribunal.

20. The National Health Service Tribunal is abolished.

General and personal medical services, general dental services, general ophthalmic services and pharmaceutical services

Remuneration of general medical practitioners.

21. In section 29 of the 1977 Act (which makes provision for the arrangements for general medical services), subsection (4) (which prevents general medical practitioners' remuneration from consisting wholly or mainly of a fixed salary except in special circumstances) shall cease to have effect.

Out of hours medical services.

22. - (1) This section applies to arrangements made by-

(a) a medical practitioner, in connection with any obligation of his to provide general medical services under arrangements under section 29 of the 1977 Act, or

(b) any person (the "participant"), in connection with any obligation of his to provide personal medical services under section 28C arrangements,

under which a service provider undertakes to provide out of hours services.

(2) Regulations may make provision-

(a) for such arrangements to be made only with service providers approved in accordance with the regulations;

(b) for approval to be given, as respects out of hours services provided for persons in the area of any Health Authority, by that Authority or by another Health Authority;

(c) as to steps to be taken by any Health Authority for making available information about approvals which have been given;

(d) as to the procedure for applying for approval;

(e) as to requirements (including requirements imposed by a Health Authority) with which an approved service provider must comply;

(f) as to the suspension or withdrawal of any approval;

(g) as to circumstances in which, while the arrangements are in force, there may be transferred to the service provider-

(i) liabilities or obligations of the medical practitioner by virtue of Part II of the 1977 Act, or

(ii) (as the case may be) liabilities or obligations of the participant by virtue of the section 28C arrangements;

(h) as to criteria to be applied in making decisions under the regulations;

(i) as to appeals against decisions of Health Authorities under the regulations.

(3) In this section-

"medical practitioner" has the same meaning as in the 1977 Act;

"out of hours period" means any period specified by the regulations as such a period;

"out of hours services" means general medical services or personal medical services (as the case may be) provided during part or all of an out of hours period;

"section 28C arrangements" means arrangements made under section 28C of the 1977 Act;

"service provider" means a person undertaking to provide out of hours services, other than a person included in the medical list of any Health Authority, or a supplementary list;

"supplementary list" has the same meaning as in section 43D of the 1977 Act.

Medical, dental, ophthalmic and pharmaceutical etc. lists.

23. - (1) The 1977 Act shall be amended as follows.

(2) In section 29A (medical lists), after subsection (4) there shall be inserted-

	"(4A) Regulations may make provision in relation to the supply to a Health Authority, by a medical practitioner who is included in their medical list (or, as respects paragraph (a), by arrangement with him) of-
	(a) information of a prescribed description; and
	(b) a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act."

(3) In section 29B (vacancies for medical practitioners)-

(a) after subsection (2) there shall be inserted-

	"(2A) The regulations may also make provision in relation to-
	(a) grounds on which a Health Authority may, or must, refuse to nominate or approve a medical practitioner for appointment to fill a vacancy (including his unsuitability for inclusion in their medical list, and grounds corresponding to the condition referred to in section 49F(3) below);
	(b) information which must be supplied to a Health Authority by a medical practitioner seeking such nomination or approval (or by arrangement with him);
	(c) the supply to a Health Authority by such a medical practitioner of a certificate of a kind referred to in section 29A(4A)(b) above; and
	(d) the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about such medical practitioners, and refusals by the Health Authority to nominate or approve them.";

(b) in subsection (3), after paragraph (a) there shall be inserted-

"(aa) grounds on which a Health Authority may defer a decision whether or not to nominate or approve a medical practitioner for appointment to fill a vacancy;"; and

"(3A) If regulations made by virtue of subsection (2A)(a) provide that a Health Authority may refuse to nominate or approve a medical practitioner for appointment to fill a vacancy, they must provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision."

(4) In section 36 (regulations about general dental services)-

(a) in subsection (1)(b), for "(2) and (3)" there shall be substituted "(2) to (7)",

(b) after subsection (1) there shall be inserted-

	"(1A) The regulations may include provision as to-
	(a) information which must be supplied to a Health Authority by, or by arrangement with, a dental practitioner or dental corporation included or seeking inclusion in a list referred to in subsection (1)(a); and
	(b) the supply to a Health Authority-
	(i) by a dental practitioner who is included, or seeking inclusion, in such a list, or
	(ii) by a director of a dental corporation included, or seeking inclusion, in such a list,
	of a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act."; and

	"(4) The provision which may be made by regulations under subsection (3) includes, in particular, provision in relation to grounds on which a Health Authority may, or must, refuse to include a dental practitioner or a dental corporation in a list referred to in subsection (1)(a) (including his, or its, unsuitability for inclusion in such a list, and grounds corresponding to the condition referred to in section 49F(3) below).
	(5) Those regulations may make provision in relation to criteria to be applied in making decisions under the regulations.
	(6) If those regulations provide that a Health Authority may refuse to include a dental practitioner or dental corporation in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision.
	(7) Regulations may provide for grounds on which a Health Authority may defer a decision whether or not to grant an application for inclusion in a list referred to in subsection (1)(a).
	(8) Regulations may make provision as to the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about dental practitioners and dental corporations seeking inclusion in such a list, and refusals by the Health Authority to include them."

(5) Section 39 (regulations about general ophthalmic services) shall be renumbered as subsection (1) of that section, and-

(a) in that subsection as so renumbered, in paragraph (b), after "subject to" there shall be inserted "subsections (2) and (3) below, to", and

(b) after that subsection there shall be inserted-

	"(2) The regulations may, in particular, make provision in relation to-
	(a) grounds on which a Health Authority may, or must, refuse to include a medical practitioner or an ophthalmic optician in a list referred to in subsection (1)(a) (including the unsuitability of the applicant for inclusion in such a list, and grounds corresponding to the condition referred to in section 49F(3) below);
	(b) information which must be supplied to a Health Authority by a person included or seeking inclusion in such a list (or by arrangement with him);
	(c) the supply to a Health Authority by an individual-
	(i) who is included, or seeking inclusion, in such a list, or
	(ii) who is a director of a body corporate included, or seeking inclusion, in such a list,
	of a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act;
	(d) grounds on which a Health Authority may defer a decision whether or not to include a person in such a list;
	(e) the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Health Authority to include them; and
	(f) criteria to be applied in making decisions under the regulations.
	(3) If regulations made by virtue of subsection (2)(a) provide that a Health Authority may refuse to include a person in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision."

(6) In section 42 (regulations about pharmaceutical services)-

(a) in subsection (3), the word "and" after paragraph (d) shall be omitted,

(b) after paragraph (e) there shall be inserted-

	"(f) as to other grounds on which a Health Authority may, or must, refuse to grant an application (including the unsuitability of the applicant for inclusion in such a list, and grounds corresponding to the condition referred to in section 49F(3) below);
	(g) as to information which must be supplied to a Health Authority by a person included, or seeking inclusion, in such a list (or by arrangement with him);
	(h) for the supply to a Health Authority by an individual-
	(i) who is included, or seeking inclusion, in such a list, or
	(ii) who is a director of a body corporate included, or seeking inclusion, in such a list,
	of a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act;
	(i) for grounds on which a Health Authority may defer a decision whether or not to grant an application;
	(j) for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Health Authority to grant such applications;
	(k) as to criteria to be applied in making decisions under the regulations (other than decisions required by virtue of paragraph (d)).", and

"(4A) If regulations made by virtue of subsection (3)(f) provide that a Health Authority may refuse to grant an application, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision."

(7) In section 43 (persons authorised to provide pharmaceutical services), after subsection (2B) there shall be inserted-

	"(2BA) The regulations may, in particular, include provision-
	(a) as to grounds on which a Health Authority may, or must, refuse to grant an application for inclusion in a list of medical practitioners referred to in subsection (2A) (including his unsuitability for inclusion in such a list, and grounds corresponding to the condition referred to in section 49F(3) below);
	(b) as to information which must be supplied to a Health Authority by a medical practitioner included, or seeking inclusion, in such a list (or by arrangement with him);
	(c) for the supply to a Health Authority by a medical practitioner who is included, or seeking inclusion, in such a list of a criminal conviction certificate under section 112 of the Police Act 1997 or a criminal record certificate under section 113 of that Act;
	(d) for grounds on which a Health Authority may defer a decision whether or not to grant an application for inclusion in such a list;
	(e) for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Health Authority to grant such applications;
	(f) as to criteria to be applied in making decisions under the regulations.
	(2BB) If regulations made by virtue of subsection (2BA)(a) provide that a Health Authority may refuse to grant an application for inclusion in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision."

Dental corporations.

24. - (1) The 1977 Act shall be amended as follows.

(2) In section 35 (arrangements for general dental services)-

(a) in subsection (1)-

(i) after "dental practitioners" there shall be inserted "or dental corporations", and

(ii) after "dental practitioner" there shall be inserted "or dental corporation",

(b) in subsection (2)-

(i) after "dental practitioner" there shall be inserted ", or dental corporation which,",

(ii) after "salary" there shall be inserted "(or, in the case of a dental corporation, a fixed rate of remuneration)", and

(iii) in paragraph (b), after "practitioner" there shall be inserted "or corporation", and

"(5) In this Act, "dental corporation" means a body corporate which carries on the business of dentistry (within the meaning of section 40 of the Dentists Act 1984)."

(3) In section 36 (regulations about general dental services)-

(a) in subsection (1)(a), after "dental practitioners" there shall be inserted "and dental corporations",

(b) in subsection (1)(b), after "dental practitioner" there shall be inserted "or dental corporation",

(d) in subsection (3), after "dental practitioner" there shall be inserted "or dental corporation".

(4) In section 37 (Dental Practice Board), after subsection (1C) there shall be inserted-

"(2) In subsections (1A) and (1B), references to a dental practitioner include references to a dental corporation."

(5) In section 128(1) (interpretation), in the appropriate place there shall be inserted-

""dental corporation" has the meaning given by section 35(5);".

Prepared 9 February 2001