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Session 2005 - 06
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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.

20

(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

20

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

30

(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

5

(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,

15

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,

20

(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—

30

(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—

40

(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

10

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’

15

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—

25

(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

30

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

35

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

40

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

45

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

15

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.

 
 

 
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