|
| |
|
“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 |
| |
| |
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 |
| |
| |
(3) | The regulations may, in particular— |
| 20 |
(a) | provide that section 92 arrangements may be made only in prescribed |
| |
| |
(b) | provide that section 92 arrangements may be made only in prescribed |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| 5 |
(a) | for the referral of the terms of the proposed arrangements to the |
| |
| |
(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 |
| |
| |
(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. |
| |
| 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. |
| |
| 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 |
| |
| |
(a) | the persons to whom subsection (2) applies, and |
| 40 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(9) | A committee recognised under this section must in respect of each year |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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. |
| |
| |
| |
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. |
| |
|
| |
|