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(2) The information may— | |
(a) be used for the purposes of, or for any purpose connected with, the | |
exercise of functions under this Part, and | |
(b) be supplied to a qualifying person for use for those purposes. | |
(3) In subsection (2), “qualifying person” means— | 5 |
(a) in the case of information held by the Secretary of State— | |
(i) a person providing services to the Secretary of State, or | |
(ii) the Scottish Ministers or a person providing services to the | |
Scottish Ministers, or | |
(b) in the case of information held by a person providing services to the | 10 |
Secretary of State— | |
(i) the Secretary of State or another person providing services to | |
the Secretary of State, or | |
(ii) the Scottish Ministers or a person providing services to the | |
Scottish Ministers. | 15 |
(4) Subsection (5) applies to information which is held— | |
(a) by the Secretary of State or the Scottish Ministers, or | |
(b) by a person providing services to the Secretary of State or the Scottish | |
Ministers in connection with provision of those services, | |
for the purposes of, or for any purpose connected with, the exercise of | 20 |
functions under this Part. | |
(5) The information may— | |
(a) be used for the purposes of, or for any purpose connected with, the | |
exercise of functions under the Social Security (Recovery of Benefits) | |
Act 1997 (c. 27), and | 25 |
(b) be supplied to a qualifying person for use for those purposes. | |
(6) In subsection (5), “qualifying person” means— | |
(a) in the case of information held by the Secretary of State, a person | |
providing services to the Secretary of State, | |
(b) in the case of information held by the Scottish Ministers, the Secretary | 30 |
of State or a person providing services to the Secretary of State, | |
(c) in the case of information held by a person providing services to the | |
Secretary of State, the Secretary of State or another person providing | |
services to the Secretary of State, | |
(d) in the case of information held by a person providing services to the | 35 |
Scottish Ministers, the Secretary of State or a person providing services | |
to the Secretary of State. | |
Payments to hospitals or ambulance trusts | |
153 Payment of NHS charges to hospitals or ambulance trusts | |
(1) If the Secretary of State receives or the Scottish Ministers receive a payment of | 40 |
relevant NHS charges under section 141(2)— | |
(a) if the payment relates only to NHS treatment received at a health | |
service hospital, he or they must pay the amount received to the | |
responsible body of the health service hospital, | |
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(b) if the payment relates only to the provision of NHS ambulance services, | |
he or they must pay the amount received to the relevant ambulance | |
trust, | |
(c) if the payment relates to NHS treatment received at more than one | |
health service hospital, he or they must divide the amount received | 5 |
among the responsible bodies of the hospitals concerned in such | |
manner as he considers or they consider appropriate, | |
(d) if the payment relates to NHS treatment received at one or more health | |
services hospitals and the provision of NHS ambulance services, he or | |
they must divide the amount received among the responsible body or | 10 |
bodies of the hospital or hospitals and any relevant ambulance trusts | |
concerned in such manner as he considers or they consider appropriate. | |
(2) Subsection (1) does not apply to any amount received by the Secretary of State | |
or the Scottish Ministers under section 141(2) which he is or they are required | |
to repay in accordance with regulations under section 144(2). | 15 |
(3) Regulations under this section may— | |
(a) make provision for the manner in which and intervals at which any | |
payments due under this section are to be made, | |
(b) make provision for cases where the responsible body of the health | |
service hospital or relevant ambulance trust concerned has ceased to | 20 |
exist (including provision modifying this Part). | |
(4) Any amounts received under this section by the responsible bodies of the | |
health service hospitals concerned must be used for the purposes of providing | |
goods and services for the benefit of patients receiving NHS treatment at those | |
hospitals. | 25 |
(5) Any amounts received under this section by the relevant ambulance trusts | |
concerned must be used for the purposes of NHS ambulance services. | |
(6) In this section— | |
“relevant ambulance trust”— | |
(a) in relation to England or Wales, means— | 30 |
(i) the National Health Service trust established under section | |
5 of the National Health Service and Community Care Act | |
1990 (c. 19), or | |
(ii) the NHS foundation trust, | |
which is designated by the Secretary of State for the purposes of | 35 |
this section in relation to the health service hospital to which the | |
injured person was taken for treatment, | |
(b) in relation to Scotland, means the Special Health Board, | |
established under section 2(1)(b) of the 1978 Act, which is | |
designated by the Scottish Ministers for the purposes of this | 40 |
section in relation to the health service hospital to which the | |
injured person was taken for treatment; | |
“responsible body” has the meaning given in section 151(4). | |
Miscellaneous and general | |
154 Regulations governing lump sums, periodical payments etc | 45 |
(1) Regulations may make provision (including provision modifying this Part)— | |
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(a) for cases to which section 141(2) applies in which two or more | |
compensation payments in the form of lump sums are made by the | |
same person in respect of the same injury, | |
(b) for cases to which section 141(2) applies in which an agreement is | |
entered into for the making of— | 5 |
(i) periodical compensation payments (whether of an income or | |
capital nature), or | |
(ii) periodical compensation payments and lump sum | |
compensation payments, | |
(c) for cases in which the compensation payment to which section 141(2) | 10 |
applies is an interim payment of damages which a court orders to be | |
repaid. | |
(2) Regulations made by virtue of subsection (1)(a) may (among other things) | |
provide— | |
(a) for giving credit for amounts already paid, and | 15 |
(b) for the payment by any person of any balance or the recovery from any | |
person of any excess. | |
(3) Regulations may make provision modifying the application of this Part in | |
relation to cases in which a payment into court is made and, in particular, may | |
provide— | 20 |
(a) for the making of a payment into court to be treated in prescribed | |
circumstances as the making of a compensation payment, | |
(b) for application for, and issue of, certificates. | |
155 Liability of insurers | |
(1) If a compensation payment is made in a case where— | 25 |
(a) a person is liable to any extent in respect of the injury, and | |
(b) the liability is covered to any extent by a policy of insurance, | |
the policy is also to be treated as covering any liability of that person under | |
section 141(2). | |
(2) Liability imposed on the insurer by subsection (1) cannot be excluded or | 30 |
restricted. | |
(3) For that purpose excluding or restricting liability includes— | |
(a) making the liability or its enforcement subject to restrictive or onerous | |
conditions, | |
(b) excluding or restricting any right or remedy in respect of the liability, | 35 |
or subjecting a person to any prejudice in consequence of his pursuing | |
any such right or remedy, or | |
(c) excluding or restricting rules of evidence or procedure. | |
(4) Regulations may in prescribed cases limit the amount of the liability imposed | |
on the insurer by subsection (1). | 40 |
(5) This section applies in relation to policies of insurance issued before (as well as | |
those issued after) the date on which it comes into force. | |
(6) References in this section to policies of insurance and their issue include | |
references to contracts of insurance and their making. | |
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156 Power to apply Part 3 to treatment at non-health service hospitals | |
(1) Regulations may make provision for this Part to apply, with such | |
modifications as may be prescribed, if— | |
(a) a person makes a compensation payment as mentioned in section | |
141(1)(a), but | 5 |
(b) the person to or in respect of whom the payment is made has— | |
(i) received treatment in respect of the injury at a qualifying | |
hospital under an NHS arrangement, | |
(ii) been provided with NHS ambulance services as a result of the | |
injury for the purpose of taking him to a qualifying hospital for | 10 |
treatment under an NHS arrangement (unless he was dead on | |
arrival at that hospital), or | |
(iii) received treatment as mentioned in sub-paragraph (i) and been | |
provided with NHS ambulance services as mentioned in sub- | |
paragraph (ii), | 15 |
(subject to subsection (2)). | |
(2) Subsection (1)(b) does not apply where the person to or in respect of whom the | |
payment is made receives, or is taken to a hospital for, treatment which would | |
be provided as mentioned in paragraph (a), (b) or (d) of section 141(5) if it were | |
provided at a health service hospital. | 20 |
(3) In subsection (1), “NHS arrangement” means an arrangement or agreement | |
between— | |
(a) the hospital in question or a body responsible for it, and | |
(b) any of the following— | |
(i) a Primary Care Trust, | 25 |
(ii) a National Health Service trust established under section 5 of | |
the National Health Service and Community Care Act 1990 | |
(c. 19) or section 12A of the 1978 Act, | |
(iii) a Local Health Board, | |
(iv) a Health Board or Special Health Board established under | 30 |
section 2 of the 1978 Act, or | |
(v) an NHS foundation trust. | |
(4) Regulations under subsection (1) may include provision excluding the | |
application of sections 157 to 159 of the Road Traffic Act 1988 (c. 52) in such | |
description of case as may be prescribed. | 35 |
(5) In this section “qualifying hospital” means a hospital (within the meaning of | |
section 128(1) of the 1977 Act or section 108(1) of the 1978 Act) which is not a | |
health service hospital. | |
157 The Crown | |
This Part binds the Crown. | 40 |
158 Regulations | |
(1) Any power to make regulations conferred by this Part is exercisable— | |
(a) in relation to England and Wales, by the Secretary of State; and | |
(b) in relation to Scotland, by the Scottish Ministers. | |
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(2) Regulations under section 148(7) may only be made by the Scottish Ministers | |
with the consent of the Secretary of State. | |
159 Interpretation of Part 3 | |
In this Part— | |
“the 1978 Act” means the National Health Service (Scotland) Act 1978 | 5 |
(c. 29); | |
“compensation payment” has the meaning given in section 141; | |
“health service hospital” means a health service hospital within the | |
meaning of the 1977 Act or the 1978 Act; | |
“injured person” has the meaning given in section 141(1); | 10 |
“NHS ambulance services” means ambulance services provided under | |
section 3(1)(c) of the 1977 Act or section 45 of the 1978 Act; | |
“NHS treatment” has the meaning given in section 141(5); | |
“prescribed” means prescribed by regulations. | |
160 Consequential and minor repeals | 15 |
(1) The Road Traffic (NHS Charges) Act 1999 (c. 3) shall cease to have effect. | |
(2) In the Road Traffic Act 1988 (c. 52), in section 161(1), in the definition of | |
“hospital”, paragraph (b) is omitted. | |
Part 4 | |
Dental Services | 20 |
161 Provision of primary dental services | |
In the 1977 Act, after section 16C insert— | |
“Functions of Primary Care Trusts and Local Health Boards | |
16CA Primary dental services | |
(1) Each Primary Care Trust and Local Health Board must, to the extent | 25 |
that it considers it reasonable to do so, provide primary dental services | |
within its area, or secure their provision within its area. | |
(2) For the purposes of this section, a Primary Care Trust or Local Health | |
Board may (in addition to any other power conferred on it) provide | |
primary dental services itself. | 30 |
(3) Each Primary Care Trust and Local Health Board must publish | |
information about such matters as may be prescribed in relation to the | |
primary dental services for which it makes provision under this section. | |
(4) A body on which functions are conferred under this section must co- | |
operate with any other such body in the discharge of their respective | 35 |
functions under this section. | |
(5) Regulations may provide that services of a prescribed description are, | |
or are not, to be regarded as primary dental services for the purposes of | |
this Part. | |
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(6) Regulations under subsection (5) may in particular describe services by | |
reference to the manner or circumstances in which they are provided.” | |
162 Dental public health | |
(1) In the 1977 Act, after section 16CA (as inserted by section 161 above) insert— | |
“16CB Dental public health | 5 |
(1) A Primary Care Trust shall have such functions in relation to dental | |
public health in England as may be prescribed. | |
(2) A Local Health Board shall have such functions in relation to dental | |
public health in Wales as may be prescribed. | |
(3) The National Assembly for Wales shall have such functions in relation | 10 |
to dental public health in Wales as may be prescribed. | |
(4) The functions of a Primary Care Trust under this section may be | |
discharged— | |
(a) by the Trust itself; | |
(b) by the Trust and one or more other Primary Care Trusts acting | 15 |
jointly; or | |
(c) by any other person or body in accordance with arrangements | |
made by the Trust. | |
(5) The functions of a Local Health Board under this section may be | |
discharged— | 20 |
(a) by the Board itself; | |
(b) by the Board and one or more other Local Health Boards acting | |
jointly; or | |
(c) by any other person or body in accordance with arrangements | |
made by the Board.” | 25 |
(2) Section 5(1A) of the 1977 Act shall cease to have effect. | |
163 General dental services contracts | |
(1) In the 1977 Act, after section 28J insert— | |
“General dental services contracts | |
28K General dental services contracts: introductory | 30 |
(1) A Primary Care Trust or Local Health Board may enter into a contract | |
under which primary dental services are provided in accordance with | |
the following provisions of this Part. | |
(2) A contract under this section is called in this Act a “general dental | |
services contract”. | 35 |
(3) Subject to any provision made by or under this Part, a general dental | |
services contract may make such provision as may be agreed between | |
the Primary Care Trust or Local Health Board and the contractor in | |
relation to— | |
(a) the services to be provided under the contract (which may | 40 |
include services which are not primary dental services), | |
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(b) remuneration under the contract, and | |
(c) any other matters. | |
(4) In this Part, “contractor”, in relation to a general dental services | |
contract, means any person entering into the contract with the Primary | |
Care Trust or Local Health Board. | 5 |
28L Requirement to provide certain primary dental services | |
(1) A general dental services contract must require the contractor or | |
contractors to provide, for his or their patients, primary dental services | |
of such descriptions as may be prescribed. | |
(2) Regulations under subsection (1) may in particular describe services by | 10 |
reference to the manner or circumstances in which they are provided. | |
28M Persons eligible to enter into GDS contracts | |
(1) A Primary Care Trust or Local Health Board may, subject to such | |
conditions as may be prescribed, enter into a general dental services | |
contract with— | 15 |
(a) a dental practitioner; | |
(b) a dental corporation; | |
(c) two or more individuals practising in partnership where the | |
conditions in subsection (2) are satisfied. | |
(2) The conditions referred to in subsection (1)(c) in relation to a | 20 |
partnership are that— | |
(a) at least one partner is a dental practitioner, and | |
(b) any partner who is not a dental practitioner is either— | |
(i) an NHS employee, | |
(ii) a section 28C or section 17C employee, | 25 |
(iii) a health care professional who is engaged in the | |
provision of services under this Act, or | |
(iv) an individual who is providing services under a general | |
dental services contract or in accordance with section | |
28C arrangements or arrangements under section 17C of | 30 |
the National Health Service (Scotland) Act 1978, or has | |
so provided them within such period as may be | |
prescribed. | |
(3) Regulations may make provision as to the effect, in relation to a general | |
dental services contract entered into by individuals practising in | 35 |
partnership, of a change in the membership of the partnership. | |
(4) In this section— | |
“dental corporation” means a body corporate which, in | |
accordance with the provisions of Part 4 of the Dentists Act | |
1984, is entitled to carry on the business of dentistry; | 40 |
“health care professional” means a person who is a member of a | |
profession regulated by a body mentioned (at the time the | |
contract in question is entered into) in section 25(3) of the | |
National Health Service Reform and Health Care Professions | |
Act 2002; | 45 |
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