|
| |
|
Other arrangements for the provision of primary dental services |
| |
107 | Arrangements by Strategic Health Authorities for the provision of primary |
| |
| |
(1) | A Strategic Health Authority may make one or more agreements with respect |
| |
to its area under which primary dental services are provided (otherwise than |
| 5 |
by the Strategic Health Authority). |
| |
(2) | An agreement must be in accordance with regulations under section 109. |
| |
(3) | An agreement may not combine arrangements for the provision of primary |
| |
dental services with arrangements for the provision of primary medical |
| |
| 10 |
(4) | An agreement may not combine arrangements for the provision of primary |
| |
dental services with arrangements for the provision of local pharmaceutical |
| |
| |
(5) | But an agreement may include arrangements for the provision of services |
| |
which are not primary dental services but which may be provided under this |
| 15 |
Act, other than under Chapter 1 or 2 of Part 7 (pharmaceutical services and |
| |
local pharmaceutical services under pilot schemes). |
| |
(6) | This Act has effect, in relation to primary dental services provided under an |
| |
agreement, as if those services were provided as a result of the delegation by |
| |
the Secretary of State of his functions (by directions given under section 7). |
| 20 |
(7) | Regulations may provide— |
| |
(a) | for functions which are exercisable by a Strategic Health Authority in |
| |
relation to an agreement to be exercisable on behalf of the Authority by |
| |
| |
(b) | for functions which are exercisable by a Health Board in relation to |
| 25 |
an agreement made under section 17C of the National Health Service |
| |
(Scotland) Act 1978 (c. 29) to be exercisable on behalf of the Board by a |
| |
Strategic Health Authority. |
| |
(8) | In this Act, arrangements for the provision of services made under this section |
| |
are called “section 107 arrangements”. |
| 30 |
108 | Persons with whom agreements may be made under section 107 |
| |
(1) | A Strategic Health Authority may make an agreement under section 107 only |
| |
with one or more of the following— |
| |
(a) | an NHS trust or an NHS foundation trust, |
| |
(b) | a dental practitioner who meets the prescribed conditions, |
| 35 |
(c) | a health care professional who meets the prescribed conditions, |
| |
(d) | an individual who is providing services— |
| |
(i) | under a general medical services contract or a general dental |
| |
services contract or a Welsh general medical services contract or |
| |
a Welsh general dental services contract, |
| 40 |
(ii) | in accordance with section 107 arrangements, section 92 |
| |
arrangements, section 50 arrangements, section 64 |
| |
arrangements, section 17C arrangements or Article 15B |
| |
| |
|
| |
|
| |
|
(iii) | under section 17J or 25 of the 1978 Act or Article 57 or 61 of the |
| |
Health and Personal Social Services (Northern Ireland) Order |
| |
1972 (S.I. 1972/1265 (N.I.14)), |
| |
| or has so provided them within such period as may be prescribed, |
| |
(e) | an NHS employee, a section 107 employee, a section 92 employee, a |
| 5 |
section 50 employee, a section 64 employee, a section 17C employee or |
| |
| |
| |
(g) | a Primary Care Trust or Local Health Board. |
| |
(2) | The power under subsection (1) to make an agreement with a person falling |
| 10 |
within paragraph (d) or (e) of that subsection is subject to such conditions as |
| |
| |
| |
“the 1978 Act” means the National Health Service (Scotland) Act 1978 |
| |
| 15 |
“Article 15B arrangements” means arrangements for the provision of |
| |
services made under Article 15B of the Health and Personal Social |
| |
Services (Northern Ireland) Order 1972, |
| |
“Article 15B employee” means an individual who, in connection with the |
| |
provision of services in accordance with Article 15B arrangements, is |
| 20 |
employed by a person providing or performing those services, |
| |
“health care professional” means a person who is a member of a |
| |
profession regulated by a body mentioned (at the time the agreement |
| |
in question is made) in section 25(3) of the National Health Service |
| |
Reform and Health Care Professions Act 2002 (c. 17), |
| 25 |
“NHS employee” means an individual who, in connection with the |
| |
provision of services in the health service, the Scottish health service or |
| |
the Northern Ireland health service, is employed by— |
| |
(a) | an NHS trust, an NHS foundation trust or (in Northern Ireland) |
| |
a Health and Social Services Trust, |
| 30 |
(b) | a Primary Care Trust or Local Health Board, |
| |
(c) | a person who is providing services under a general medical |
| |
services contract or a general dental services contract or a Welsh |
| |
general medical services contract or a Welsh general dental |
| |
| 35 |
(d) | an individual who is providing services as specified in |
| |
| |
“the Northern Ireland health service” means the health service within the |
| |
meaning of the Health and Personal Social Services (Northern Ireland) |
| |
| 40 |
| |
(a) | a company which is limited by shares all of which are legally |
| |
and beneficially owned by persons falling within paragraph (a), |
| |
(b), (c), (d), (e) or (g) of subsection (1), and |
| |
(b) | a body corporate which is carrying on the business of dentistry |
| 45 |
in accordance with the Dentists Act 1984 (c. 24), |
| |
“the Scottish health service” means the health service within the meaning |
| |
of the National Health Service (Scotland) Act 1978, |
| |
“section 17C arrangements” means arrangements for the provision of |
| |
services made under section 17C of the 1978 Act, |
| 50 |
|
| |
|
| |
|
“section 17C employee” means an individual who, in connection with the |
| |
provision of services in accordance with section 17C arrangements, is |
| |
employed by a person providing or performing those services, |
| |
“section 50 arrangements” means arrangements for the provision of |
| |
services made under section 50 of the National Health Service (Wales) |
| 5 |
| |
“section 64 arrangements” means arrangements for the provision of |
| |
services made under section 64 of that Act, |
| |
“section 107 employee” means an individual who, in connection with the |
| |
provision of services in accordance with section 107 arrangements, is |
| 10 |
employed by a person providing or performing those services, |
| |
“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 |
| 15 |
provision of services in accordance with section 50 arrangements, is |
| |
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, |
| 20 |
“Welsh general medical services contract” means a contract under section |
| |
42(2) of the National Health Service (Wales) Act 2006, and |
| |
“Welsh general dental services contract” means a contract under section |
| |
| |
109 | Regulations about section 107 arrangements |
| 25 |
(1) | The Secretary of State may make regulations about the provision of services in |
| |
accordance with section 107 arrangements. |
| |
(2) | The regulations must include provision for participants other than Strategic |
| |
Health Authorities to withdraw from section 107 arrangements if they wish to |
| |
| 30 |
(3) | The regulations may, in particular— |
| |
(a) | provide that section 107 arrangements may be made only in prescribed |
| |
| |
(b) | provide that section 107 arrangements may be made only in prescribed |
| |
| 35 |
(c) | provide that only prescribed services, or prescribed categories of |
| |
service, may be provided in accordance with section 107 arrangements, |
| |
(d) | impose conditions (including conditions as to qualifications and |
| |
experience) to be satisfied by persons performing services in |
| |
accordance with section 107 arrangements, |
| 40 |
(e) | require details of section 107 arrangements to be published, |
| |
(f) | make provision with respect to the variation and termination of |
| |
section 107 arrangements, |
| |
(g) | provide for parties to section 107 arrangements to be treated, in such |
| |
circumstances and to such extent as may be prescribed, as health |
| 45 |
service bodies for the purposes of section 9, |
| |
(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 |
| |
arrangements in accordance with directions given for the purpose by the |
| |
| 5 |
(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. |
| |
(6) | The regulations may also include provision requiring a Primary Care Trust, in |
| |
prescribed circumstances and subject to prescribed conditions, to enter into a |
| 10 |
general dental services contract on prescribed terms with any person who is |
| |
providing services under section 107 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 107 arrangements, and in particular may |
| |
| 15 |
(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 |
| 20 |
providing primary dental services under section 107 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. |
| 25 |
(9) | The regulations must make provision as to the right of patients to choose the |
| |
persons from whom they receive services under section 107 arrangements. |
| |
110 | Transfer of liabilities relating to section 107 arrangements |
| |
(1) | The Secretary of State may by order make provision for any rights and |
| |
liabilities arising under an agreement to provide primary dental services under |
| 30 |
section 107 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. |
| |
| 35 |
| |
(1) | A Primary Care Trust has such functions in relation to dental public health in |
| |
England as may be prescribed. |
| |
(2) | The functions of a Primary Care Trust under this section may be discharged— |
| |
(a) | by the Primary Care Trust itself, |
| 40 |
(b) | by the Primary Care Trust and one or more other Primary Care Trusts |
| |
| |
|
| |
|
| |
|
(c) | by any other person or body in accordance with arrangements made by |
| |
| |
| |
112 | Assistance and support: primary dental services |
| |
(1) | A Primary Care Trust may provide assistance or support to any person |
| 5 |
providing or proposing to provide— |
| |
(a) | primary dental services under a general dental services contract, or |
| |
(b) | primary dental services in accordance with section 107 arrangements. |
| |
(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 |
| 10 |
Trust considers appropriate. |
| |
(3) | “Assistance” includes financial assistance. |
| |
| |
113 | Local Dental Committees |
| |
(1) | A Primary Care Trust may recognise a committee formed for its area, or for its |
| 15 |
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 |
| |
(b) | the persons to whom subsection (3) applies. |
| |
(2) | This subsection applies to each dental practitioner who, under a general dental |
| 20 |
services contract entered into by him, is providing primary dental services in |
| |
the area for which the committee is formed. |
| |
(3) | This subsection applies to each other dental practitioner— |
| |
(a) | who is performing primary dental services in the area for which the |
| |
| 25 |
(i) | pursuant to section 99(2), |
| |
(ii) | in accordance with section 107 arrangements, or |
| |
(iii) | under a general dental services contract, and |
| |
(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 |
| 30 |
cease to be so represented). |
| |
(4) | A committee recognised under this section is called the Local Dental |
| |
Committee for the area for which it is formed. |
| |
(5) | Any such committee may delegate any of its functions, with or without |
| |
restrictions or conditions, to sub-committees composed of members of that |
| 35 |
| |
(6) | Regulations may require a Primary Care Trust, in the exercise of its functions |
| |
relating to primary dental services, to consult any committee recognised by it |
| |
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 107 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 |
| |
area where the services are (or will be) provided under those |
| 5 |
| |
(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 |
| |
| 10 |
(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 |
| |
(b) | the amount of its administrative expenses for that year attributable to |
| 15 |
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 |
| |
the Primary Care Trust may determine, and |
| 20 |
(b) | deduct the amount of such sums from the remuneration of persons of |
| |
whom it is representative under subsection (1)(a) under the general |
| |
dental services contracts entered into by them with the Primary Care |
| |
| |
(11) | A committee recognised under this section must apportion the amount |
| 25 |
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. |
| 30 |
Provision of accommodation by the Secretary of State |
| |
114 | Use of accommodation: provision of primary dental 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 |
| |
dental services, he may make the accommodation available on such terms as |
| 35 |
he considers appropriate to persons providing those services. |
| |
|
| |
|
| |
|
| |
| |
Duty of Primary Care Trusts in relation to primary ophthalmic services |
| |
115 | Primary ophthalmic services |
| |
(1) | Each Primary Care Trust must exercise its powers so as to provide or secure the |
| 5 |
provision, within its area, of the following primary ophthalmic services— |
| |
(a) | the sight-testing service mentioned in subsection (2), |
| |
(b) | such other primary ophthalmic services as may be prescribed, and |
| |
(c) | to the extent that it considers necessary to meet all reasonable |
| |
requirements, any further primary ophthalmic services. |
| 10 |
(2) | The sight-testing service mentioned in subsection (1)(a) is a service for testing |
| |
the sight of all of the following persons (except any such testing which takes |
| |
place in prescribed circumstances)— |
| |
| |
(b) | those aged 16, 17 or 18 who are receiving qualifying full-time |
| 15 |
| |
(c) | those whose resources must be treated in accordance with regulations |
| |
as being less than or equal to their requirements, |
| |
(d) | those aged 60 or over, |
| |
(e) | those of such other description as may be prescribed. |
| 20 |
| |
(a) | prescribe what “qualifying full-time education” is for the purposes of |
| |
| |
(b) | make provision for the purposes of subsection (2)(c) about how a |
| |
person’s resources and requirements must be calculated. |
| 25 |
(4) | A Primary Care Trust may (in addition to any other power conferred on it)— |
| |
(a) | provide primary ophthalmic services itself (whether within or outside |
| |
| |
(b) | make such arrangements for their provision (whether within or outside |
| |
its area) as it considers appropriate, and may in particular make |
| 30 |
contractual arrangements with any person. |
| |
(5) | Each Primary Care Trust must publish information about such matters as may |
| |
be prescribed in relation to the primary ophthalmic services provided under |
| |
| |
(6) | A Primary Care Trust must co-operate with each other Primary Care Trust in |
| 35 |
the discharge of their respective functions relating to the provision of primary |
| |
ophthalmic services under this Act. |
| |
(7) | Regulations may provide that services of a prescribed description must, or |
| |
must not, be regarded as primary ophthalmic services for the purposes of this |
| |
Act (but these regulations may not affect the duty in subsection (1)(a)). |
| 40 |
(8) | Regulations under subsection (7) may in particular describe services by |
| |
reference to the manner or circumstances in which they are provided. |
| |
(9) | Regulations may provide that a person— |
| |
|
| |
|