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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

 

 

 
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