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 11 — Property and finance
Chapter 6 — Finance
140

Accounts and audit
232
Accounts and audit
Schedule 15 makes provision about the accounts of certain health service
bodies and the auditing of such accounts.
Allowances and remuneration
5
233
Allowances for members of certain bodies
(1)
The Secretary of State may pay to members of any body specified by him in an
order as a body formed for the purpose of performing a function connected
with the provision of services under this Act, such travelling and other
allowances, including compensation for loss of remunerative time, as he may
10
determine.
(2)
Payments under this section are subject to such conditions as to records,
certificates, or otherwise as the Secretary of State may determine.
234
Special arrangement as to payment of remuneration
(1)
Subsection (2) applies where the Secretary of State considers it appropriate for
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remuneration in respect of—
(a)
primary medical services, primary dental services, primary ophthalmic
services or pharmaceutical services, or
(b)
services provided under a pilot scheme or an LPS scheme,

to be paid by a particular body.
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(2)
Where this subsection applies, and the functions of the body do not include the
function of paying the remuneration, the Secretary of State may by order confer
that function on that body.
(3)
Any sums required to enable a body to pay the remuneration must, if apart
from this section there is no provision authorising the payment of the sums by
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the Secretary of State or out of money provided by Parliament, be paid by him.
(4)
If the Secretary of State by order so provides with respect to remuneration in
respect of such pharmaceutical services or such local pharmaceutical services
as may be specified in the order—
(a)
an NHS trust or an NHS foundation trust determined in accordance
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with the order has the function of paying sums so determined to a
Primary Care Trust so determined in respect of the whole or any part
of that remuneration, and
(b)
subsection (3) does not apply with respect to the whole or that part of
the remuneration.
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235
Superannuation of officers of certain hospitals
(1)
The Secretary of State may enter into an agreement with the governing body of
any hospital to which this section applies—
(a)
for admitting officers of the hospital of such classes as may be
provided in the agreement to participate, on such terms and conditions
40
as may be so provided, in the superannuation benefits provided under

National Health Service Bill [HL]
Part 11 — Property and finance
Chapter 6 — Finance
141

regulations made under section 10 of the Superannuation Act 1972
(c. 11) in like manner as officers of NHS trusts, and
(b)
those regulations apply accordingly in relation to the officers so
admitted subject to such modifications as may be provided in the
agreement.
5
(2)
The governing body of any hospital to which this section applies has such
powers as may be necessary for the purpose of giving effect to any terms and
conditions on which their officers are admitted to participate in those
superannuation benefits.
(3)
This section applies to any hospital (not vested in the Secretary of State) which
10
is used, in pursuance of arrangements made by the governing body of the
hospital with the Secretary of State, for the provision of services under this Act
or the National Health Service (Wales) Act 2006 (c. 00).
(4)
“Superannuation benefits” means annual superannuation allowances,
gratuities and periodical payments payable on retirement, death or incapacity,
15
and similar benefits.
236
Payments for certain medical examinations
(1)
Where a medical practitioner carries out a medical examination of any person
with a view to an application for his admission to hospital for assessment or
treatment being made under Part 2 of the Mental Health Act 1983 (c. 20) the
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Secretary of State must pay to that medical practitioner—
(a)
reasonable remuneration in respect of that examination and in
respect of any recommendation or report made by him with regard to
the person examined, and
(b)
the amount of any expenses reasonably incurred by him in connection
25
with the examination or the making of any such recommendation or
report.
(2)
No payment may be made under this section to a medical practitioner—
(a)
in respect of an examination carried out in the provision of primary
medical services for that person, or
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(b)
in respect of an examination carried out or any recommendation or
report made as part of his duty as an officer of a Primary Care Trust,
NHS trust, Special Health Authority, NHS foundation trust or Local
Health Board.
(3)
This section applies only in a case where it is intended, when the medical
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examination of the person in question is carried out, that if he is admitted to
hospital in pursuance of an application mentioned in subsection (1), the whole
cost of his maintenance and treatment will be defrayed out of moneys
provided by Parliament.

National Health Service Bill [HL]
Part 12 — Public involvement and scrutiny
Chapter 1 — Patients’ Forums
142

Part 12
Public involvement and scrutiny
Chapter 1
Patients’ Forums
237
Establishment of Patients’ Forums
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(1)
The Patients’ Forums established by the Secretary of State continue in
existence, and he must establish a Patients’ Forum—
(a)
for each NHS trust all or most of whose hospitals, establishments
and facilities are situated in England,
(b)
for each Primary Care Trust, and
10
(c)
for each NHS foundation trust.
(2)
The members of each Patients’ Forum must be appointed by the Commission
for Patient and Public Involvement in Health.
(3)
A Patients’ Forum must—
(a)
monitor and review the range and operation of services provided by,
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or under arrangements made by, the trust for which it is established,
(b)
obtain the views of patients and their carers about those matters and
report on those views to the trust,
(c)
provide advice, and make reports and recommendations, about
matters relating to the range and operation of those services to the trust,
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(d)
make available to patients and their carers advice and information
about those services,
(e)
in prescribed circumstances, perform any prescribed function of the
trust with respect to the provision of a service affording assistance to
patients and their families and carers,
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(f)
carry out such other functions as may be prescribed.
(4)
In providing advice or making recommendations under subsection (3)(c), a
Patients’ Forum must have regard to the views of patients and their carers.
(5)
If, in the course of exercising its functions, a Patients’ Forum becomes aware of
any matter which in its view—
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(a)
should be considered by a relevant overview and scrutiny committee,
or
(b)
should be brought to the attention of the Commission for Patient and
Public Involvement in Health,

the Forum may refer that matter to the committee, or to the Commission.
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(6)
Subsection (5) does not affect the power of a Patients’ Forum to make such
other representations or referrals as it considers appropriate, to such persons
or bodies as it considers appropriate, about matters arising in the course of it
exercising its functions.
(7)
Patients’ Forums must in prescribed circumstances—
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(a)
co-operate with each other in the exercise of their functions,
(b)
exercise functions jointly with one or more other Forums.
(8)
References in subsection (3) to services are references to—

National Health Service Bill [HL]
Part 12 — Public involvement and scrutiny
Chapter 1 — Patients’ Forums
143

(a)
services provided as part of the health service in England,
(b)
services provided in England in pursuance of section 75 arrangements
in relation to the exercise of health-related functions of a local authority,
and
(c)
services provided elsewhere (and not as part of the health service in
5
England) in pursuance of section 75 arrangements with a local
authority in England.
(9)
In this section—
“carer”, in relation to a patient, means a person who provides care for
the patient, but who is not employed to do so by any body in the
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exercise of its functions under any enactment,
“patient” includes a person who receives services provided in pursuance
of section 75 arrangements in relation to the exercise of health-related
functions of a local authority,
“relevant overview and scrutiny committee”, in relation to a Patients’
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Forum, means any overview and scrutiny committee in relation to
which the Primary Care Trust, NHS trust or NHS foundation trust for
which the Forum is established is a local NHS body by virtue of
regulations made under section 244(3) (including that provision as read
with section 245(5) and as applied by section 247(2)),
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“section 75 arrangements” means arrangements under regulations under
section 75.
238
Additional functions of PCT Patients’ Forums
(1)
A Patients’ Forum established for a Primary Care Trust (a “PCT Patients’
Forum”) has the following additional functions—
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(a)
providing independent advocacy services to persons in the Primary
Care Trust’s area or persons to whom services have been provided by,
or under arrangements with, the Primary Care Trust,
(b)
making available to patients and their carers advice and information
about the making of complaints in relation to services provided by or
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under arrangements with the Primary Care Trust, and
(c)
representing to persons and bodies which exercise functions in
relation to the area of the Primary Care Trust (including, in particular,
any relevant overview and scrutiny committee) the views of members
of the public in the Primary Care Trust’s area about matters affecting
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their health.
(2)
In subsection (1), references to services have the meaning given by section
237(8).
(3)
It is also the function of a PCT Patients’ Forum—
(a)
to promote the involvement of members of the public in the area of
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the Primary Care Trust in consultations or processes leading (or
potentially leading) to decisions by those mentioned in subsection (4),
or the formulation of policies by them, which would or might affect
(whether directly or not) the health of those members of the public,
(b)
to make available advice and information to such members of the
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public about such involvement,
(c)
to advise those mentioned in subsection (4) about how to encourage
such involvement (including, in the case of bodies mentioned in
subsection (4) to which section 242 applies, advising them how to

National Health Service Bill [HL]
Part 12 — Public involvement and scrutiny
Chapter 1 — Patients’ Forums
144

comply with the requirements of that section in relation to the area of
the Primary Care Trust), and
(d)
to monitor how successful those mentioned in subsection (4) are at
achieving such involvement.
(4)
Those referred to in subsection (3) are—
5
(a)
Strategic Health Authorities whose areas include any part of the area of
the Primary Care Trust,
(b)
the Primary Care Trust itself,
(c)
NHS trusts which provide services to patients in the area of the
Primary Care Trust,
10
(d)
other public bodies, and
(e)
others providing services to the public or a section of the public.
(5)
In this section—
”carer” and “patient” have the meaning given by section 237,
“independent advocacy services” means services provided under section
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248,
“relevant overview and scrutiny committee” has the meaning given by
section 237.
239
Entry and inspection of premises
(1)
The Secretary of State may make regulations requiring—
20
(a)
Strategic Health Authorities,
(b)
Primary Care Trusts,
(c)
NHS trusts,
(d)
NHS foundation trusts,
(e)
Local Health Boards,
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(f)
local authorities,
(g)
persons providing primary medical services, primary dental services,
or pharmaceutical services under this Act or the National Health
Service (Wales) Act 2006 (c. 00),
(h)
persons providing primary ophthalmic services under this Act,
30
(i)
persons providing general ophthalmic services under the National
Health Service (Wales) Act 2006, or
(j)
persons providing piloted services (within the meaning of section
134(7) of this Act or section 92(7) of the National Health Service (Wales)
Act 2006) or LP services (within the meaning of paragraph 1(7) of
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Schedule 12 to this Act or paragraph 1(7) of Schedule 7 to that Act),

to allow members of a Patients’ Forum authorised by or under the regulations
to enter and inspect, for the purposes of any of the Forum’s functions, premises
owned or controlled by those referred to in paragraphs (a) to (j).
(2)
The Secretary of State may also make regulations requiring any other person
40
who owns or controls premises where services are provided as mentioned in
subsection (1)(g) to (j) to allow members of a Patients’ Forum authorised by or
under the regulations to enter and inspect the premises for the purposes of any
of the Forum’s functions.
(3)
The regulations may in particular make provision as to—
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(a)
cases and circumstances in which access must be permitted,
(b)
limitations or conditions to which access must be subject.