National Health Service Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

National Health Service Bill [HL]

National Health Service Bill [HL]
Part 9 — Charging
103

Charging for dental services
176
Dental charging
(1)
Regulations may provide for the making and recovery, in such manner as may
be prescribed, of charges for relevant dental services.
(2)
Regulations under subsection (1) may in particular include provision—
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(a)
specifying the amount, or maximum amount, of any charge (or
aggregate charge in respect of the provision for two or more relevant
dental services),
(b)
for calculating the amount of any charge,
(c)
for the variation of the amount, or maximum amount, of any charge in
10
cases of a prescribed description,
(d)
for any charge not to be payable in cases of a prescribed description,
(e)
for power to direct that a charge is not payable in any particular case,
(f)
for the repayment of any charge (including provision as to the persons
by whom, and manner in which, repayments must be made).
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(3)
Regulations under subsection (1) may provide for sums which would
otherwise be payable by a Primary Care Trust or Special Health Authority to
persons providing relevant dental services to be reduced by the amount of the
charges authorised by the regulations.
(4)
In this section and section 177 “relevant dental services” means—
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(a)
dental treatment provided—
(i)
under section 99(2),
(ii)
under a general dental services contract, or
(iii)
in accordance with section 107 arrangements, and
(b)
the supply of dentures and other dental appliances under this Act.
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(5)
Any reference in this section or 177 to the supply of an appliance includes a
reference to its repair, adjustment, refitting or replacement and, in the case of
dentures, to their being relined or having additions made to them.
177
Exemptions from dental charging
(1)
No charge may be made under regulations under section 176(1) in respect of a
30
relevant dental service provided for any person who at the prescribed time—
(a)
was under 18,
(b)
was under 19 and receiving qualifying full-time education,
(c)
was pregnant, or
(d)
had given birth to a child within the previous 12 months.
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(2)
No charge may be made under regulations under section 176(1) in respect of—
(a)
the repair or replacement of any appliance,
(b)
any appliance supplied to a patient who is resident in a hospital,
(c)
the arrest of bleeding.
(3)
Subsections (1) and (2)(a) do not apply in relation to—
40
(a)
the repair or replacement of any appliance of a prescribed description,
(b)
the repair or replacement of any appliance where it is determined in the
prescribed manner—

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(i)
in any case, that the repair or replacement was necessitated by
an act or omission of the person supplied, or
(ii)
in a case where the person supplied was under the age of 16,
that the repair or replacement was necessitated by an act or
omission, occurring while that person was under that age, of a
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person having charge of him.
(4)
Subsection (2)(b) does not apply where an appliance is supplied—
(a)
under section 99(2),
(b)
under a general dental services contract, or
(c)
in accordance with section 107 arrangements.
10
(5)
Regulations may provide, with respect to any exemption under this section,
that it must be a condition of the exemption that—
(a)
a declaration of the prescribed kind is made in the prescribed form and
manner,
(b)
a certificate or other evidence of the prescribed kind is supplied in the
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prescribed form and manner.
(6)
In subsection (1)(b) “qualifying full-time education” means full-time
instruction at a recognised educational establishment or by other means
accepted as comparable by the Secretary of State.
(7)
For the purposes of subsection (6)—
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(a)
“recognised educational establishment” means an establishment
recognised by the Secretary of State as being, or as comparable to, a
school, college or university, and
(b)
regulations may prescribe the circumstances in which a person must, or
must not, be treated as receiving full-time instruction.
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(8)
In subsection (1)(d), “child” includes a still-born child (within the meaning of
the Births and Deaths Registration Act 1953 (c. 20).
Charging for local pharmaceutical services
178
Charges, recovery of payments and penalties
(1)
Regulations may provide for the making and recovery, in such manner as may
30
be prescribed, of charges for—
(a)
local pharmaceutical services provided under pilot schemes, or
(b)
local pharmaceutical services provided under LPS schemes.
(2)
The regulations may in particular provide for—
(a)
exemptions from charges,
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(b)
the liability to pay charges to be disregarded in prescribed
circumstances or for prescribed purposes,
(c)
section 192 (recovery of certain charges and payments) to apply also in
relation to local pharmaceutical services (with or without
modification),
40
(d)
section 193 (penalties) to apply also in relation to local pharmaceutical
services (with or without modification).

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Part 9 — Charging
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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 Chapter 1 of Part 7.
Charging for optical appliances
179
Charges for optical appliances
5
(1)
Regulations may provide for the making and recovery, in such manner as may
be prescribed, of charges in respect of the supply under this Act of optical
appliances.
(2)
The amount of the charges may be determined—
(a)
in regulations, or
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(b)
by or in accordance with directions given by the Secretary of State.
(3)
Regulations or directions may—
(a)
vary the amount or maximum amount of charges, or
(b)
provide that the charges are not payable.
(4)
A reference to supply includes a reference to replacement.
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(5)
In this Act “optical appliances” means glasses and contact lenses, but
regulations may provide for a different definition of optical appliances to have
effect for the purposes of this Act.
180
Payments in respect of costs of optical appliances
(1)
The Secretary of State must provide by regulations for payments to be made by
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him or a relevant body to meet, or to contribute towards, the cost incurred
(whether by way of charge under this Act or otherwise) for the supply of
optical appliances for which—
(a)
a prescription has been given for a person mentioned in subsection (2)
in consequence of a sight test under this Act, or
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(b)
a prescription has been given for a person mentioned in subsection (2)
in consequence of a sight test otherwise than under this Act which took
place in prescribed circumstances.
(2)
The persons are—
(a)
a child,
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(b)
a person whose resources fall to be treated under the regulations as
being less than or equal to his requirements,
(c)
any person falling within section 115(2)(d), or
(d)
a person of such other description as may be prescribed.
(3)
The Secretary of State may by regulations—
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(a)
provide for himself or such relevant body as may be prescribed to
contribute to the cost of a sight test which he or the prescribed body
accepts as having been incurred by a person whose resources fall to be
treated under the regulations as exceeding his requirements but only
by an amount calculated under the regulations, and
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(b)
provide for payments to be made by him or by such relevant body as
may be prescribed to meet, or to contribute towards, any cost accepted
by him or by the prescribed body as having been incurred (whether by

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way of charge under this Act or otherwise) for the replacement or
repair in prescribed circumstances of optical appliances for which a
prescription was given in consequence of a sight test of a person of a
prescribed description.
(4)
Regulations under this section may direct how a person’s resources and
5
requirements must be calculated and may, in particular, direct that they must
be calculated—
(a)
by a method set out in the regulations,
(b)
by a method described by reference to a method of calculating or
estimating income or capital specified in an enactment other than this
10
section or in an instrument made under an Act of Parliament or by
reference to such a method but subject to prescribed modifications,
(c)
by reference to an amount applicable for the purposes of a payment
under an Act of Parliament or an instrument made under an Act of
Parliament, or
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(d)
by reference to the person’s being or having been entitled to
payment under an Act of Parliament or an instrument made under an
Act of Parliament.
(5)
Descriptions of persons may be prescribed for the purposes of this section by
reference to any criterion and, in particular, by reference to any of the following
20
criteria—
(a)
their age,
(b)
the fact that a prescribed person or a prescribed body accepts them as
suffering from a prescribed medical condition,
(c)
the fact that a prescribed person or a prescribed body accepts that a
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prescribed medical condition from which they suffer arose in
prescribed circumstances,
(d)
their receipt of benefit in money or in kind under any enactment or
their entitlement to receive any such benefit,
(e)
the receipt of any such benefit by other persons satisfying prescribed
30
conditions or the entitlement of other persons satisfying prescribed
conditions to receive such benefits, and
(f)
the relationship, as calculated in accordance with the regulations by a
prescribed person, between their resources and their requirements.
(6)
Regulations under this section which refer to an Act of Parliament or an
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instrument made under an Act of Parliament may direct that the reference
must be construed as a reference to that Act or instrument—
(a)
as it has effect at the time when the regulations are made, or
(b)
both as it has effect at that time and as amended subsequently.
(7)
In subsection (2)(a) “child” means—
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(a)
a person who is under the age of 16 years, or
(b)
a person who is under the age of 19 years and receiving qualifying full-
time education.
(8)
In subsection (7)(b) “qualifying full-time education” means full-time
instruction at a recognised educational establishment or by other means
45
accepted as comparable by the Secretary of State.
(9)
For the purposes of subsection (8)—

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(a)
“recognised educational establishment” means an establishment
recognised by the Secretary of State as being, or as comparable to, a
school, college or university, and
(b)
regulations may prescribe the circumstances in which a person must, or
must not, be treated as receiving full-time instruction.
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(10)
If regulations under this section provide for payments to be made by a relevant
body, the Secretary of State must pay to the body, in respect of each financial
year, the sum attributable to the body’s disbursements under the regulations.
(11)
Sums falling to be paid in pursuance of regulations under this section are
payable subject to such conditions as to records, certificates or otherwise as the
10
Secretary of State may determine.
(12)
“Relevant body” means a Strategic Health Authority, a Primary Care Trust or
a Special Health Authority.
181
Section 180: supplementary
(1)
Regulations under section 180 providing for payments for meeting or
15
contributing towards the cost incurred for the supply of optical appliances or
their replacement or repair may also provide as follows.
(2)
They may make provision for such payments not to be made to any person
falling within a prescribed description.
(3)
They may make provision for the Secretary of State to give notice as mentioned
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in subsection (4) to a person to whom such payments have been made (whether
by the Secretary of State or by a relevant body).
(4)
Such a notice is notice that no further such payments in respect of the supply,
replacement or repair of optical appliances at a particular location or in a
particular area, in either case specified in the notice, will be made to him after
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a date specified in the notice.
(5)
If such a notice is given, no further payments as mentioned in subsection (4)
may be made to him after the date specified in the notice, unless the notice is
cancelled by the Secretary of State.
(6)
The regulations may make provision conferring on the Secretary of State the
30
right, if he has given a notice by virtue of subsection (3), to apply to the FHSAA
for a stop order.
(7)
A stop order is an order that no further such payments may be made (whether
by the Secretary of State or by any relevant body) to the person in question in
respect of the supply, replacement or repair of optical appliances, wherever the
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supply, replacement or repair occurred.
(8)
If the regulations make the provision mentioned in subsection (3), they must
also make provision conferring prescribed rights of appeal to the FHSAA upon
the person to whom the notice was given.
(9)
“Relevant body” means a Strategic Health Authority, a Primary Care Trust or
40
a Special Health Authority.