|
| |
|
| |
(a) | pharmaceutical services, |
| |
(b) | local pharmaceutical services provided under existing pilot 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 |
| |
(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. |
| |
| 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 |
| |
| |
| |
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 |
| |
(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 |
| |
| |
(a) | directions given by him (either under sub-paragraph (1) or |
| 30 |
generally) authorise variations that satisfy specified requirements, |
| |
| |
(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. |
| |
| |
| |
| |
Provision of local pharmaceutical services |
| |
1 (1) | Primary Care Trusts may establish LPS schemes. |
| 40 |
|
| |
|
| |
|
(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 |
| |
| 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. |
| |
| |
“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 |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
| 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 |
| |
| 45 |
(i) | in connection with preparing proposals for an LPS scheme, or |
| |
(ii) | in preparation for the provision of services under a proposed |
| |
| |
|
| |
|
| |
|
| |
| |
The Family Health Services Appeal Authority |
| |
| |
1 | The Family Health Services Appeal Authority (“the FHSAA”) consists of— |
| |
| 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 |
| |
| |
(b) | may be removed from office by the Lord Chancellor, with the |
| 20 |
concurrence of the Lord Chief Justice, on grounds of incapacity or |
| |
| |
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), |
| |
| |
(c) | registered pharmacist— |
| 30 |
(i) | providing or assisting in the provision of pharmaceutical |
| |
services under this Act or the National Health Service |
| |
| |
(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. |
| |
| |
7 | The procedure of the FHSAA is as it determines, subject to the following. |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
10 (1) | In the case of a panel constituted for the purposes— |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
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), |
| |
| |
(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, |
| |
|
| |
|
| |
|
(b) | the allocation to panels of cases, or of particular proceedings in |
| |
| |
(c) | the procedure to be followed by a panel in considering any matter |
| |
| |
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 |
| |
| |
17 | Rules under this Schedule may, in particular, make provision— |
| |
(a) | as to the carrying out by a Deputy President of functions of the |
| |
| 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 |
| |
| |
(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 |
| |
| |
(f) | empowering a panel to require persons to attend and give evidence |
| 30 |
| |
(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 |
| |
| |
| |
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 |
| |
(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 |
| |
|
| |
|
| |
|
20 | The President must arrange such training for himself and the other members |
| |
of the FHSAA as he considers appropriate. |
| |
| |
| |
“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) |
| |
| |
(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, |
| |
| |
(d) | references to section 159 include references to section 115 of that Act. |
| |
| 15 |
| |
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. |
| |
| |
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 |
| |
(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 |
| |
| 40 |
|
| |
|