House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

National Health Service Bill [HL]


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

58

 

Other arrangements for the provision of primary dental services

107     

Arrangements by Strategic Health Authorities for the provision of primary

dental services

(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

services.

10

(4)   

An agreement may not combine arrangements for the provision of primary

dental services with arrangements for the provision of local pharmaceutical

services.

(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

a Health Board, and

(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

arrangements, or

 
 

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

59

 

(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

an Article 15B employee,

(f)   

a qualifying body,

(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

may be prescribed.

(3)   

In this section—

“the 1978 Act” means the National Health Service (Scotland) Act 1978

(c. 29),

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

services contract,

35

(d)   

an individual who is providing services as specified in

subsection (1)(d)(iii),

“the Northern Ireland health service” means the health service within the

meaning of the Health and Personal Social Services (Northern Ireland)

Order 1972,

40

“qualifying body” means—

(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

 
 

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

60

 

“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

Act 2006 (c. 00),

“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

57(2) of that Act.

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

do so.

30

(3)   

The regulations may, in particular—

(a)   

provide that section 107 arrangements may be made only in prescribed

circumstances,

(b)   

provide that section 107 arrangements may be made only in prescribed

areas,

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

 
 

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

61

 

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

Secretary of State.

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

make provision—

15

(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

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

provided,

(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.

Dental public health

35

111     

Dental public health

(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

acting jointly, or

 
 

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

62

 

(c)   

by any other person or body in accordance with arrangements made by

the Primary Care Trust.

Assistance and support

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.

Local Dental Committees

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

representative of—

(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

committee is formed—

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

committee.

(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.

 
 

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

63

 

(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

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

prescribed.

10

(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

(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

Trust.

(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.

 
 

National Health Service Bill [HL]
Part 6 — Ophthalmic services

64

 

Part 6

Ophthalmic 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)—

(a)   

those aged under 16,

(b)   

those aged 16, 17 or 18 who are receiving qualifying full-time

15

education,

(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

(3)   

Regulations may—

(a)   

prescribe what “qualifying full-time education” is for the purposes of

subsection (2)(b),

(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

its area),

(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

this Act.

(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—

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 12 October 2006