National Health Service Bill [HL]

House of Commons

Session 2005 - 06
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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—