|
| |
|
| |
| |
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 |
| |
(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 |
| 15 |
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 |
| 25 |
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 |
| 30 |
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 |
| |
| 35 |
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 |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| |
(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 |
| |
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 |
| |
| |
(b) | the amount of any expenses reasonably incurred by him in connection |
| 25 |
with the examination or the making of any such recommendation or |
| |
| |
(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 |
| |
| |
(3) | This section applies only in a case where it is intended, when the medical |
| 35 |
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 |
| |
| |
|
| |
|
| |
|
| |
Public involvement and scrutiny |
| |
| |
| |
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 |
| |
| |
(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, |
| 25 |
(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, |
| |
| |
(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. |
| 35 |
(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— |
| |
|
| |
|
| |
|
(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, |
| |
| |
(c) | services provided elsewhere (and not as part of the health service in |
| 5 |
England) in pursuance of section 75 arrangements with a local |
| |
| |
| |
“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)), |
| 20 |
“section 75 arrangements” means arrangements under regulations under |
| |
| |
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 |
| |
(2) | In subsection (1), references to services have the meaning given by section |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(b) | the Primary Care Trust itself, |
| |
(c) | NHS trusts which provide services to patients in the area of the |
| |
| 10 |
(d) | other public bodies, and |
| |
(e) | others providing services to the public or a section of the public. |
| |
| |
”carer” and “patient” have the meaning given by section 237, |
| |
“independent advocacy services” means services provided under section |
| 15 |
| |
“relevant overview and scrutiny committee” has the meaning given by |
| |
| |
239 | Entry and inspection of premises |
| |
(1) | The Secretary of State may make regulations requiring— |
| 20 |
(a) | Strategic Health Authorities, |
| |
| |
| |
(d) | NHS foundation trusts, |
| |
| 25 |
| |
(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 |
| 35 |
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— |
| 45 |
(a) | cases and circumstances in which access must be permitted, |
| |
(b) | limitations or conditions to which access must be subject. |
| |
|
| |
|