National Health Service Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

National Health Service Bill [HL]

National Health Service Bill [HL]
Part 4 — Medical services
50

“section 92 employee” means an individual who, in connection with the
provision of services in accordance with section 92 arrangements, is
employed by a person providing or performing those services,
“section 50 employee” means an individual who, in connection with the
provision of services in accordance with section 50 arrangements, is
5
employed by a person providing or performing those services,
“section 64 employee” means an individual who, in connection with the
provision of services in accordance with section 64 arrangements, is
employed by a person providing or performing those services,
“Welsh general medical services contract” means a contract under section
10
42(2) of the National Health Service (Wales) Act 2006 (c. 00), and
“Welsh general dental services contract” means a contract under section
57(2) of that Act.
94
Regulations about section 92 arrangements
(1)
The Secretary of State may make regulations about the provision of services in
15
accordance with section 92 arrangements.
(2)
The regulations must include provision for participants other than Strategic
Health Authorities to withdraw from section 92 arrangements if they wish to
do so.
(3)
The regulations may, in particular—
20
(a)
provide that section 92 arrangements may be made only in prescribed
circumstances,
(b)
provide that section 92 arrangements may be made only in prescribed
areas,
(c)
provide that only prescribed services, or prescribed categories of
25
service, may be provided in accordance with section 92 arrangements,
(d)
impose conditions (including conditions as to qualifications and
experience) to be satisfied by persons performing services in
accordance with section 92 arrangements,
(e)
require details of section 92 arrangements to be published,
30
(f)
make provision with respect to the variation and termination of
section 92 arrangements,
(g)
provide for parties to section 92 arrangements to be treated, in such
circumstances and to such extent as may be prescribed, as health
service bodies for the purposes of section 9,
35
(h)
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 (g)) to
be enforceable in a county court (if the court so orders) as if they were
judgments or orders of that court.
(4)
The regulations may also require payments to be made under the
40
arrangements in accordance with directions given for the purpose by the
Secretary of State.
(5)
A direction may make provision having effect from a date before the date of
the direction, provided that, having regard to the direction as a whole, the
provision is not detrimental to the persons to whose remuneration it relates.
45
(6)
The regulations may also include provision requiring a Primary Care Trust, in
prescribed circumstances and subject to prescribed conditions, to enter into a

National Health Service Bill [HL]
Part 4 — Medical services
51

general medical services contract on prescribed terms with any person who is
providing services under section 92 arrangements and who so requests.
(7)
The regulations may also include provision for the resolution of disputes as to
to the terms of any proposed section 92 arrangements, and in particular may
make provision—
5
(a)
for the referral of the terms of the proposed arrangements to the
Secretary of State, and
(b)
for the Secretary of State or a person appointed by him to determine the
terms on which the arrangements may be entered into.
(8)
The regulations must provide for the circumstances in which a person
10
providing primary medical services under section 92 arrangements—
(a)
must or may accept a person as a patient to whom such services are so
provided,
(b)
may decline to accept a person as such a patient,
(c)
may terminate his responsibility for a patient.
15
(9)
The regulations must make provision as to the right of patients to choose the
persons from whom they receive services under section 92 arrangements.
95
Transfer of liabilities relating to section 92 arrangements
(1)
The Secretary of State may by order make provision for any rights and
liabilities arising under an agreement to provide primary medical services
20
under section 92 to be transferred from Strategic Health Authorities to Primary
Care Trusts and from Primary Care Trusts to Strategic Health Authorities.
(2)
Subsection (1) does not affect any other power of the Secretary of State to
transfer rights and liabilities under this Act.
Assistance and support
25
96
Assistance and support: primary medical services
(1)
A Primary Care Trust may provide assistance or support to any person
providing or proposing to provide—
(a)
primary medical services under a general medical services contract, or
(b)
primary medical services in accordance with section 92 arrangements.
30
(2)
Assistance or support provided by a Primary Care Trust under subsection (1)
is provided on such terms, including terms as to payment, as the Primary Care
Trust considers appropriate.
(3)
“Assistance” includes financial assistance.
Local Medical Committees
35
97
Local Medical Committees
(1)
A Primary Care Trust may recognise a committee formed for its area, or for its
area and that of one or more other Primary Care Trusts, which it is satisfied is
representative of—
(a)
the persons to whom subsection (2) applies, and
40

National Health Service Bill [HL]
Part 4 — Medical services
52

(b)
the persons to whom subsection (3) applies.
(2)
This subsection applies to—
(a)
each medical practitioner who, under a general medical services
contract entered into by him, is providing primary medical services in
the area for which the committee is formed, and
5
(b)
each medical practitioner who, under a general ophthalmic services
contract entered into by him, is providing primary ophthalmic services
in that area.
(3)
This subsection applies to each other medical practitioner—
(a)
who is performing primary medical services or primary ophthalmic
10
services in the area for which the committee is formed—
(i)
pursuant to section 83(2)(a) or section 115(4)(a),
(ii)
in accordance with section 92 arrangements, or
(iii)
under a general medical services contract or a general
ophthalmic services contract, and
15
(b)
who has notified the Primary Care Trust that he wishes to be
represented by the committee (and has not notified it that he wishes to
cease to be so represented).
(4)
A committee recognised under this section is called the Local Medical
Committee for the area for which it is formed.
20
(5)
Any such committee may delegate any of its functions, with or without
restrictions or conditions, to sub-committees composed of members of that
committee.
(6)
Regulations may require a Primary Care Trust, in the exercise of its functions
relating to primary medical services, to consult any committee recognised by it
25
under this section on such occasions and to such extent as may be prescribed.
(7)
Regulations may require a Strategic Health Authority, in the exercise of any of
its functions which relate to section 92 arrangements, to consult, on such
occasions and to such extent as may be prescribed, any committee—
(a)
which is recognised by a Primary Care Trust under this section for the
30
area where the services are (or will be) provided under those
arrangements, and
(b)
which is representative of persons providing or performing those
services under those arrangements.
(8)
A committee recognised under this section has such other functions as may be
35
prescribed.
(9)
A committee recognised under this section must in respect of each year
determine—
(a)
the amount of its administrative expenses for that year attributable to
persons of whom it is representative under subsection (1)(a), and
40
(b)
the amount of its administrative expenses for that year attributable to
persons of whom it is representative under subsection (1)(b).
(10)
A Primary Care Trust may—
(a)
on the request of a committee recognised by it, allot to that committee
such sums for defraying the expenses referred to in subsection (9)(a) as
45
the Primary Care Trust may determine, and

National Health Service Bill [HL]
Part 5 — Dental services
53

(b)
deduct the amount of such sums from the remuneration of persons of
whom the committee is representative under subsection (1)(a) under
the general medical services contracts entered into by those persons
with the Primary Care Trust.
(11)
A committee recognised under this section must apportion the amount
5
determined by it under subsection (9)(b) among the persons of whom it is
representative under subsection (1)(b); and each such person must pay in
accordance with the committee’s directions the amount so apportioned to him.
(12)
The administrative expenses of a committee include the travelling and
subsistence allowances payable to its members.
10
Provision of accommodation by the Secretary of State
98
Use of accommodation: provision of primary medical services
If the Secretary of State considers that any accommodation provided by him by
virtue of this Act is suitable for use in connection with the provision of primary
medical services, he may make the accommodation available on such terms as
15
he considers appropriate to persons providing those services.
Part 5
Dental services
Duty of Primary Care Trusts in relation to primary dental services
99
Primary dental services
20
(1)
Each Primary Care Trust must, to the extent that it considers necessary to meet
all reasonable requirements, exercise its powers so as to provide primary
dental services within its area, or secure their provision within its area.
(2)
A Primary Care Trust may (in addition to any other power conferred on it)
provide primary dental services itself (whether within or outside its area).
25
(3)
Each Primary Care Trust must publish information about such matters as may
be prescribed in relation to the primary dental services for which it makes
provision under this Act.
(4)
Each Primary Care Trust must co-operate with each other Primary Care Trust
and each Local Health Board in the discharge of their respective functions
30
relating to the provision of primary dental services under this Act and the
National Health Service (Wales) Act 2006 (c. 00).
(5)
Regulations may provide that services of a prescribed description must, or
must not, be regarded as primary dental services for the purposes of this Act.
(6)
Regulations under subsection (5) may in particular describe services by
35
reference to the manner or circumstances in which they are provided.