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| Charges, recovery of payments and penalties. |
37. - (1) Regulations may provide for the making and recovery, in such manner as may be prescribed, of charges for local pharmaceutical services.
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(2) The regulations may, in particular provide for-
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(a) exemptions from charges; |
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(b) the liability to pay charges to be disregarded in prescribed circumstances or for prescribed purposes; |
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(c) section 122A of the 1977 Act (recovery of certain charges and payments) to apply also in relation to local pharmaceutical services (with or without modification); |
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(d) section 122B of the 1977 Act (penalties) to apply also in relation to local pharmaceutical services (with or without modification). |
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(3) The regulations must secure that the amount charged for any service is the same as the amount that would be charged for that service if it were provided under Part II of the 1977 Act.
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General |
| Effect of the 1977 Act. |
38. - (1) The provisions of the 1977 Act, apart from section 16D (power to direct Health Authority to exercise functions of relevant authority), apply in relation to functions of the relevant authority in relation to pilot schemes as if they were functions under Part I of the 1977 Act.
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(2) The 1977 Act (and in particular section 17) has effect in relation to piloted services-
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(a) subject to any provision of, or made under, this Chapter; but |
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(b) otherwise as if those services were provided as a result of directions given under section 16D of the 1977 Act in relation to functions of the relevant authority under Part I of that Act. |
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(3) The functions of a Health Authority in relation to piloted services are primary functions of the Authority for the purposes of the 1990 Act.
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| Premises from which piloted services may be provided. |
39. The relevant authority may by regulations-
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(a) prevent (except in such circumstances and to such extent as may be prescribed) the provision of both piloted services and pharmaceutical services from the same premises; |
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(b) make provision with respect to the inclusion, removal, re-inclusion or modification of an entry in respect of premises in a list under section 42 of the 1977 Act. |
| Control of entry regulations. |
40. The power to make regulations under section 42 of the 1977 Act (regulations as to pharmaceutical services) includes power to prescribe the extent to which the provision of piloted services is to be taken into account in determining whether to grant an application for inclusion in a list referred to in subsection (2) of that section.
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Assessing the result of pilot schemes |
| Assessing pilot schemes. |
41. - (1) The relevant authority may not bring section 42 into force unless satisfied that pilot schemes have shown that continuing to provide for the provision of local pharmaceutical services in accordance with provisions of the kind made by pilot schemes would be in the interests of the health service or any part of the health service (within the meaning of section 128(1) of the 1977 Act).
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(2) In determining whether to bring section 42 into force, the relevant authority must have regard, in particular, to the results of the reviews of pilot schemes conducted under section 33.
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Provision for local pharmaceutical schemes |
| Provision for LPS schemes. |
42. - (1) In the 1977 Act there shall be inserted, after section 28I-
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| "Local pharmaceutical services schemes. |
28J. Schedule 8A makes provision with respect to the provision of local pharmaceutical services in accordance with schemes made by Health Authorities."
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(2) The Schedule set out in Schedule 3 to this Act shall be inserted in the 1977 Act as Schedule 8A to that Act.
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(3) In section 42 of the 1977 Act there shall be inserted after subsection (2)-
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"(2A) The regulations may prescribe the extent to which the provision of LP services (as defined by paragraph 1 of Schedule 8A to this Act) is to be taken into account in determining whether to grant an application for inclusion in a list."
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