National Health Service Bill [HL]

House of Commons

Session 2005 - 06
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National Health Service Bill [HL]

National Health Service Bill [HL]
Schedule 12 — LPS schemes
230

      (2)
The services are—
(a)
pharmaceutical services,
(b)
local pharmaceutical services provided under existing pilot schemes
or LPS schemes,
(c)
primary medical services.
5
      (3)
If it appears to a Primary Care Trust that the proposals would, if
implemented, affect any of the services mentioned in sub-paragraph (2)
provided in the area of another Primary Care Trust, it must consult that
other Primary Care Trust about the proposals before submitting them under
paragraph 2 or including them in an application for preliminary approval
10
under paragraph 4.
      (4)
A Primary Care Trust consulted under sub-paragraph (3) must prepare an
assessment of the likely effect of the implementation of the proposals on
those services and supply it to the Primary Care Trust which consulted it.
Guidance
15
6
The Secretary of State may issue guidance about the criteria by reference to
which, as a general rule, powers under paragraph 3 or 4 are likely to be
exercised.
Making a scheme
7     (1)
If the Secretary of State approves proposals for a pilot scheme under
20
paragraph 3 and notifies the Primary Care Trust concerned in accordance
with that paragraph, the Primary Care Trust must implement the proposals
in accordance with directions given by the Secretary of State.
      (2)
A proposed participant in a pilot scheme (other than the Primary Care Trust
concerned) may withdraw at any time before the proposals relating to him
25
are implemented.
      (3)
A pilot scheme, as implemented, may differ from the proposals for the
scheme approved by the Secretary of State only if he agrees to the variation
or—
(a)
directions given by him (either under sub-paragraph (1) or
30
generally) authorise variations that satisfy specified requirements,
and
(b)
the variation satisfies those requirements.
      (4)
As soon as is reasonably practicable after implementing proposals for a pilot
scheme, the Primary Care Trust concerned must (in accordance with any
35
directions given to it by the Secretary of State) publish details of the scheme.
Schedule 12
Section 144

LPS schemes
Provision of local pharmaceutical services
1     (1)
Primary Care Trusts may establish LPS schemes.
40

National Health Service Bill [HL]
Schedule 12 — LPS schemes
231

      (2)
In this Act, an “LPS scheme” means one or more agreements—
(a)
made by a Primary Care Trust in accordance with this Schedule,
(b)
under which local pharmaceutical services will be provided
(otherwise than by the Primary Care Trust), and
(c)
the parties to which do not include any other Primary Care Trust.
5
      (3)
An LPS scheme may include arrangements—
(a)
for the provision of services which are not local pharmaceutical
services, but which may be provided under this Act, other than
under Chapter 1 of this Part, and whether or not of the kind usually
provided by pharmacies,
10
(b)
for the provision of training and education (including training and
education for persons who are, or may become, involved in the
provision of local pharmaceutical services).
      (4)
An LPS scheme may not combine arrangements for the provision of local
pharmaceutical services with arrangements for the provision of primary
15
medical services or primary dental services.
      (5)
In determining the arrangements it needs to make in order to comply with
section 126, a Primary Care Trust may take into account arrangements under
an LPS scheme made by it.
      (6)
The functions of an NHS trust and an NHS foundation trust include power
20
to provide any services to which an LPS scheme applies.
      (7)
In this Schedule—
“local pharmaceutical services” means such services of a kind which
may be provided under section 126, or by virtue of section 127, (other
than practitioner dispensing services) as may be prescribed for the
25
purposes of this Schedule, and
“LP services” means services provided under an LPS scheme (including
any services to which the scheme applies as a result of sub-paragraph
(3)).
      (8)
“Practitioner dispensing services” means the provision of drugs, medicines
30
or listed appliances (within the meaning given by section 126) by a medical
practitioner or dental practitioner to a patient of his pursuant to
arrangements made by virtue of section 132(1).
Designation of priority neighbourhoods or premises
2     (1)
The Secretary of State may make regulations allowing a Primary Care Trust
35
to designate—
(a)
neighbourhoods,
(b)
premises, or
(c)
descriptions of premises,

for the purposes of this paragraph.
40
      (2)
The regulations may, in particular, make provision—
(a)
as to the circumstances in which, and the neighbourhoods or
premises in relation to which, designations may be made or
maintained,

National Health Service Bill [HL]
Schedule 12 — LPS schemes
232

(b)
allowing a Primary Care Trust to defer consideration of
pharmaceutical list applications relating to neighbourhoods,
premises or descriptions of premises that have been designated,
(c)
allowing a designation to be cancelled in prescribed circumstances,
(d)
requiring a designation to be cancelled—
5
(i)
if the Secretary of State gives a direction to that effect, or
(ii)
in prescribed circumstances.
      (3)
“Pharmaceutical list applications” means applications for inclusion in a
pharmaceutical list.
Regulations
10
3     (1)
The Secretary of State may make regulations with respect to LP services.
      (2)
The regulations must include provision for participants other than Primary
Care Trusts to withdraw from an LPS scheme if they wish to do so.
      (3)
The regulations may, in particular—
(a)
provide that an LPS scheme may be made only—
15
(i)
in prescribed circumstances,
(ii)
in relation to an area, a community or a category of persons
determined in accordance with the regulations, or
(iii)
in relation to premises determined in accordance with the
regulations,
20
(b)
provide that only prescribed services, or prescribed categories of
service, may be provided in accordance with an LPS scheme,
(c)
make provision as to the services, or categories of service, for
which an LPS scheme must provide,
(d)
impose conditions (including conditions as to qualifications and
25
experience) to be satisfied by persons providing LP services,
(e)
require details of each LPS scheme to be published,
(f)
make provision with respect to the variation and termination of an
LPS scheme,
(g)
prevent (except in such circumstances and to such extent as may be
30
prescribed) the provision of both LP services and pharmaceutical
services from the same premises,
(h)
make provision with respect to the inclusion, removal, re-inclusion
or modification of an entry in respect of premises in a pharmaceutical
list,
35
(i)
provide for parties to an LPS scheme to be treated, in such
circumstances and to such extent as may be prescribed, as health
service bodies for the purposes of section 9,
(j)
provide for directions, as to payments, made under section 9(11) (as
it has effect as a result of regulations made by virtue of paragraph (i))
40
to be enforceable in a county court (if the court so orders) as if they
were judgments or orders of that court,
(k)
authorise Primary Care Trusts to make payments of financial
assistance for prescribed categories of preparatory work
undertaken—
45
(i)
in connection with preparing proposals for an LPS scheme, or
(ii)
in preparation for the provision of services under a proposed
LPS scheme.

National Health Service Bill [HL]
Schedule 13 — The Family Health Services Appeal Authority
233

Schedule 13
Section 169

The Family Health Services Appeal Authority
Constitution
1
The Family Health Services Appeal Authority (“the FHSAA”) consists of—
(a)
a President,
5
(b)
one or more Deputy Presidents, and
(c)
a number of other members,

all appointed by the Lord Chancellor on terms determined by him.
2
The number of the other members must be determined by the Lord
Chancellor after consulting the Secretary of State.
10
3
A person appointed as the President must have a 10 year general
qualification (within the meaning of section 71 of the Courts and Legal
Services Act 1990 (c. 41)), and a person appointed as a Deputy President
must have a 7 year general qualification.
4
The qualifications which the other members must have in order to be eligible
15
for appointment must be determined by the Lord Chancellor.
5
Each person appointed under paragraph 1—
(a)
must hold and vacate office in accordance with the terms of his
appointment, and
(b)
may be removed from office by the Lord Chancellor, with the
20
concurrence of the Lord Chief Justice, on grounds of incapacity or
misbehaviour.
6     (1)
The other members must include at least one—
(a)
health care professional of each description prescribed under section
91, 106 and 123, provided that each such health care professional is
25
included in a list under one of those sections,
(b)
optometrist or medical practitioner providing general ophthalmic
services under the National Health Service (Wales) Act 2006 (c. 00),
and
(c)
registered pharmacist—
30
(i)
providing or assisting in the provision of pharmaceutical
services under this Act or the National Health Service
(Wales) Act 2006, or
(ii)
providing or performing local pharmaceutical services under
this Act or the National Health Service (Wales) Act 2006.
35
      (2)
The other members must also include—
(a)
such number of persons with a 7 year general qualification
(construed as in paragraph 3) as the Lord Chancellor considers
appropriate bearing in mind the requirements of paragraph 9, and
(b)
a number of lay persons who do not fall within sub-paragraph 6(1)(a)
40
to (c) and who possess such qualifications and experience as the Lord
Chancellor considers appropriate.
Procedure
7
The procedure of the FHSAA is as it determines, subject to the following.

National Health Service Bill [HL]
Schedule 13 — The Family Health Services Appeal Authority
234

8
The functions of the FHSAA must be exercised by panels consisting—
(a)
in the case of functions referred to in section 169(3), of such one or
more members as the President may choose, and
(b)
in the case of other functions, of three members chosen by the
President,
5

and, in either case, the President may include himself (or, in the case of a
one-member panel, may constitute the panel).
9
Subject to paragraph 10, at least one member of each panel (or, in the case of
a one-member panel, that member) must have a 7 year general qualification
(within the meaning of section 71 of the Courts and Legal Services Act 1990
10
(c. 41)).
10    (1)
In the case of a panel constituted for the purposes—
(a)
of section 158 or 159, or
(b)
of regulations under section 91, 106 or 123, containing provision
corresponding to the sections mentioned in paragraph (a),
15

one member of the panel must have the qualification mentioned in
paragraph 9.
      (2)
Unless the President decides otherwise, in relation to such a panel—
(a)
if the practitioner is a health care professional of a description
prescribed under section 91, 106 or 123, one member of the panel
20
must be a health care professional of the same description,
(b)
if the practitioner is of a description referred to in paragraph 6(1)(b)
or (c), one member of the panel must be a practitioner of that
description, and
(c)
the third member must neither fall within any of sub-paragraphs (a)
25
to (c) of paragraph 6(1) nor have a legal qualification.
11
Where a panel has more than one member—
(a)
the President must nominate one of the members as chairman,
(b)
decisions must be taken by a majority of votes, and
(c)
if there is a tie the chairman has a second vote as a casting vote.
30
12
The FHSAA must—
(a)
give notice of a panel’s decision and of the reasons for it to each
party to the proceedings, and
(b)
publish each decision of a panel falling within paragraph 13 in such
way as the FHSAA considers appropriate,
35

and it may send a copy of any such decision to such prescribed persons or
persons of prescribed descriptions as it considers appropriate, together with
any information relevant to the decision which the FHSAA considers it
appropriate to include.
13
The following decisions fall within this paragraph—
40
(a)
a decision on national disqualification (see section 159),
(b)
a decision to allow an appeal brought by virtue of section 158(2)(a),
(b) or (c), and
(c)
such other decisions as may be prescribed.
14
The FHSAA may publish a decision not falling within paragraph 13.
45
15
The Lord Chancellor may make rules as to—
(a)
the composition of panels,

National Health Service Bill [HL]
Schedule 13 — The Family Health Services Appeal Authority
235

(b)
the allocation to panels of cases, or of particular proceedings in
any case, and
(c)
the procedure to be followed by a panel in considering any matter
before it.
16
The Lord Chancellor must make rules—
5
(a)
giving each party to proceedings before a panel the opportunity of
putting his case at a hearing,
(b)
entitling each party to be legally represented at any hearing
(whether it is held at the instance of the panel or of a party), and
(c)
securing that any hearing is held in public unless the practitioner
10
asks for it to be in private (a request which the panel must consider
but need not grant).
17
Rules under this Schedule may, in particular, make provision—
(a)
as to the carrying out by a Deputy President of functions of the
President,
15
(b)
as to how, and as to the time within which, an application to the
FHSAA must be made, or an appeal to the FHSAA must be brought
(so far as the matter is not provided for in or by virtue of this or any
other Act),
(c)
for a period which must elapse before an application, or a further
20
application, may be made under section 158(5)(a), or under any
provision of regulations under section 91, 106, 123 or 146
corresponding to that provision,
(d)
as to the matters referred to in paragraph 12,
(e)
for the giving by the panel of directions to the parties as to the
25
conduct of the case, and for the consequences of failure to comply
with such directions (which may include allowing or dismissing the
appeal or application if the failure to comply was without reasonable
excuse),
(f)
empowering a panel to require persons to attend and give evidence
30
or produce documents,
(g)
about the admissibility of evidence, and
(h)
enabling the panel to administer oaths.
18
No person may be required by virtue of any such rules to give any evidence
or produce any document or other material which he could not be
35
compelled to give or produce in civil proceedings in a court in England and
Wales.
Miscellaneous
19    (1)
The President must, in respect of each period of 12 months beginning on 1st
April, prepare a written report about the FHSAA’s activities during that
40
period.
      (2)
He must send a copy of the report to the Lord Chancellor, the Secretary of
State and the Welsh Ministers.
      (3)
After consulting the Lord Chancellor and the Welsh Ministers, the Secretary
of State may give directions to the President as to subjects with which the
45
report must deal.

National Health Service Bill [HL]
Schedule 14 — Further provision about the expenditure of Primary Care Trusts
236

20
The President must arrange such training for himself and the other members
of the FHSAA as he considers appropriate.
Interpretation
21
In this Schedule—
“practitioner” means the person whose case is before the FHSAA,
5
“prescribed” means prescribed by the Lord Chancellor in rules.
Interpretation: Provisions under the National Health Service (Wales) Act 2006 (c. 00)
22
In this Schedule—
(a)
references to section 91 include references to section 49 of the
National Health Service (Wales) Act 2006,
10
(b)
references to section 106 include references to section 63 of that Act,
(c)
references to section 158 include references to section 114 of that Act,
and
(d)
references to section 159 include references to section 115 of that Act.
Schedule 14
15
Section 231

Further provision about the expenditure of Primary Care Trusts
Pharmaceutical services expenditure
1     (1)
In sections 228 to 230 and this Schedule, “pharmaceutical services
expenditure” means expenditure of a Primary Care Trust which—
(a)
is attributable to the payment of remuneration to persons providing
20
pharmaceutical services, and
(b)
is not excluded by sub-paragraph (2).
      (2)
Expenditure is excluded if it is attributable to—
(a)
the reimbursement of expenses of persons providing pharmaceutical
services which are designated expenses incurred in connection with
25
the provision of those services (or in giving instruction in matters
relating to those services),
(b)
remuneration referable to the cost of drugs, or
(c)
remuneration paid to persons providing additional pharmaceutical
services (in accordance with directions under section 127), in respect
30
of such of those services as are designated.
Main expenditure
2     (1)
In section 228 “main expenditure”, in relation to a Primary Care Trust and
the year in question, means—
(a)
expenditure of the Primary Care Trust mentioned in sub-paragraph
35
(2),
(b)
any other expenditure of the Primary Care Trust attributable to the
performance of its functions in that year (other than pharmaceutical
services expenditure and remuneration referable to the cost of
drugs), and
40