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 13 — Miscellaneous
159

(a)
will not to a significant extent interfere with the performance by him of
any duty imposed on him by this Act to provide accommodation or
services of any kind, and
(b)
will not to a significant extent operate to the disadvantage of persons
seeking or afforded admission or access to accommodation or
5
services at health service hospitals (whether as resident or non-resident
patients) otherwise than as private patients.
(3)
“Health service hospital” includes such a hospital within the meaning of
section 206 of the National Health Service (Wales) Act 2006 (c. 00).
Community services
10
256
Power of Primary Care Trusts to make payments towards expenditure on
community services
(1)
A Primary Care Trust may make payments to—
(a)
a local social services authority towards expenditure incurred or to be
incurred by it in connection with any social services functions
15
(within the meaning of the Local Authority Social Services Act 1970
(c. 42)), other than functions under section 3 of the Disabled Persons
(Employment) Act 1958 (c. 33),
(b)
a district council, or a Welsh county council or county borough council,
towards expenditure incurred or to be incurred by it in connection with
20
its functions under Part 2 of Schedule 9 to the Health and Social
Services and Social Security Adjudications Act 1983 (c. 41) (meals and
recreation for old people),
(c)
an authority which is a local education authority for the purposes of the
Education Act 1996 (c. 56), towards expenditure incurred or to be
25
incurred by it in connection with its functions under the Education Acts
(within the meaning of that Act), in so far as it performs those functions
for the benefit of disabled persons,
(d)
a local housing authority within the meaning of the Housing Act 1985
(c. 68), towards expenditure incurred or to be incurred by it in
30
connection with its functions under Part 2 of that Act (provision of
housing), or
(e)
any of the bodies mentioned in subsection (2), in respect of expenditure
incurred or to be incurred by it in connection with the provision of
housing accommodation.
35
(2)
The bodies are—
(a)
a registered social landlord within the meaning of the Housing Act
1985 (see section 5(4) and (5) of that Act),
(b)
the Commission for the New Towns,
(c)
a new town development corporation,
40
(d)
an urban development corporation established under the Local
Government, Planning and Land Act 1980 (c. 65),
(e)
the Housing Corporation.
(3)
A Primary Care Trust may make payments to a local authority towards
expenditure incurred or to be incurred by the authority in connection with the
45
performance of any of the authority’s functions which, in the opinion of the
Primary Care Trust—

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Part 13 — Miscellaneous
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(a)
have an effect on the health of any individuals,
(b)
have an effect on, or are affected by, any NHS functions, or
(c)
are connected with any NHS functions.
(4)
“NHS functions” means functions exercised by an NHS body.
(5)
A payment under this section may be made in respect of expenditure of a
5
capital or of a revenue nature or in respect of both kinds of expenditure.
(6)
The Secretary of State may by directions prescribe conditions relating to
payments under this section or section 257.
(7)
The conditions include, in particular, conditions requiring, in such
circumstances as may be specified—
10
(a)
repayment of the whole or part of a payment under this section, or
(b)
in respect of property acquired with a payment under this section,
payment of an amount representing the whole or part of an increase in
the value of the property which has occurred since its acquisition.
(8)
No payment may be made under this section in respect of any expenditure
15
unless the conditions relating to it conform with the conditions prescribed
under subsection (6) for payments of that description.
(9)
“A disabled person” is a person who has a physical or mental impairment
which has a substantial and long-term adverse effect on his ability to carry out
normal day-to-day activities or who has such other disability as may be
20
prescribed.
257
Payments in respect of voluntary organisations under section 256
(1)
This section applies where the expenditure in respect of which a payment
under section 256 is proposed to be made is expenditure in connection with
services to be provided by a voluntary organisation.
25
(2)
Where this section applies, the Primary Care Trust may make payments to the
voluntary organisation towards the expenditure incurred or to be incurred by
the organisation in connection with the provision of those services, instead of
or in addition to making payments under section 256(1) or (3).
(3)
Where this section applies—
30
(a)
a body falling within any of paragraphs (a) to (d) of section 256(1)
which has received payments under the paragraph, and
(b)
a local authority which has received payments under section 256(3),

may make out of the sums paid to it payments to the voluntary organisation
towards expenditure incurred or to be incurred by the organisation in
35
connection with the provision of those services.
(4)
No payment may be made under subsection (2) or (3) except subject to
conditions which conform with the conditions prescribed for payments of that
description under section 256(6).

National Health Service Bill [HL]
Part 13 — Miscellaneous
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Universities
258
University clinical teaching and research
(1)
The Secretary of State must exercise his functions under this Act so as to secure
that there are made available such facilities as he considers are reasonably
required by any university which has a medical or dental school, in connection
5
with—
(a)
clinical teaching, and
(b)
research connected with clinical medicine or clinical dentistry.
(2)
Regulations may provide for any functions—
(a)
exercisable by a Strategic Health Authority, Primary Care Trust, Special
10
Health Authority or Local Health Board,
(b)
in relation to the provision of facilities such as are mentioned in
subsection (1),

to be exercisable by the body jointly with one or more NHS body other than an
NHS foundation trust.
15
Sale of medical practices
259
Sale of medical practices
(1)
It is unlawful to sell the goodwill of the medical practice of a person to whom
any of subsections (2) to (4) applies, unless the person—
(a)
no longer provides or performs the services mentioned, and
20
(b)
has never carried on the practice in a relevant area.
(2)
This subsection applies to a person who has at any time provided general
medical services under arrangements made—
(a)
with any Council, Committee or Authority under the National Health
Service Act 1946 (c. 81) or the National Health Service Reorganisation
25
Act 1973 (c. 32), or
(b)
with any Primary Care Trust, Health Authority or Local Health Board
under section 29 of the National Health Service Act 1977 (c. 49).
(3)
This subsection applies to a person who has at any time provided or performed
personal medical services in accordance with section 28C of the National
30
Health Service Act 1977 (prior to the coming into force of section 16CC of that
Act).
(4)
This subsection applies to a person who has at any time, in prescribed
circumstances or, if regulations so provide, in all circumstances, provided or
performed primary medical services—
35
(a)
in accordance with section 28C arrangements (within the meaning
given by section 28D of the National Health Service Act 1977),
(b)
in accordance with arrangements under section 16CC(2)(b) of that Act,
(c)
under a general medical services contract (within the meaning of
section 28Q(2) of that Act),
40
(d)
in accordance with section 92 arrangements or section 50 arrangements,
(e)
in accordance with arrangements under section 83(2)(b) of this Act, or
section 41(2)(b) of the National Health Service (Wales) Act 2006 (c. 00),

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(f)
under a general medical services contract or a Welsh general medical
services contract.
(5)
In this section—
“goodwill” includes any part of goodwill and, in relation to a person
practising in partnership, means his share of the goodwill of the
5
partnership practice,
“medical practice” includes any part of a medical practice,
“relevant area”, in relation to any Council, Committee, Primary Care
Trust, Local Health Board or Authority by arrangement or contract
with whom a person has at any time provided or performed services,
10
means the area, district or locality of that Council, Committee, Primary
Care Trust, Local Health Board or Authority (at that time),
“section 50 arrangements” means arrangements for the provision of
services made under section 50 of the National Health Service (Wales)
Act 2006 (c. 00), and
15
“Welsh general medical services contract” means a contract under section
42(2) of the National Health Service (Wales) Act 2006.
(6)
Schedule 21 makes further provision in relation to this section.
Price of medical supplies
260
Control of maximum price of medical supplies other than health service
20
medicines
(1)
The Secretary of State may by order provide for the control of maximum prices
to be charged for any medical supplies, other than health service medicines,
required for the purposes of this Act.
(2)
The Secretary of State may by direction given with respect to any undertaking,
25
or by order made with respect to any class or description of undertakings,
require persons carrying on the undertaking or undertakings of that class or
description—
(a)
to keep such books, accounts and records relating to the undertaking
as may be prescribed by the direction, the order or a notice served
30
under the order,
(b)
to furnish at such times, in such manner and in such form as may be
so prescribed such estimates, returns or information relating to the
undertaking as may be so prescribed.
(3)
The power to make an order under this section includes power to provide for
35
any incidental and supplementary provisions which the Secretary of State
considers it expedient for the purposes of the order to provide.
(4)
Schedule 22 makes further provision in relation to this section.
(5)
In this section and Schedule 22—
“medical supplies” includes surgical, dental and optical materials and
40
equipment, and
“undertaking” means any public utility undertaking or any undertaking
by way of trade or business, which is concerned with medical supplies
required for the purposes of this Act,

and “equipment” includes any machinery, apparatus or appliance, whether
45
fixed or not, and any vehicle.