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 1 — Promotion and provision of the health service in England
6

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Arrangements to be treated as NHS contracts
(1)
This section applies to any arrangement under which a Strategic Health
Authority, a Primary Care Trust or such other health service body as may be
prescribed arrange for the provision to it—
(a)
by a contractor under a general ophthalmic services contract,
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(b)
by a person on an ophthalmic list,
(c)
by a person on a pharmaceutical list, or
(d)
by a person who has entered into a pharmaceutical care services
contract under section 17Q of the National Health Service (Scotland)
Act 1978 (c. 29),
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of the goods or services mentioned in subsection (2).
(2)
The goods or services are those that the body reasonably requires for the
purposes of its functions, other than functions under—
(a)
section 115 (primary ophthalmic services),
(b)
Chapter 1 or 2 of Part 7 (pharmaceutical services and local
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pharmaceutical services under pilot schemes), or
(c)
Part 6 of, or Chapter 1 or 2 of Part 7 of, the National Health Service
(Wales) Act 2006 (c. 00) (general ophthalmic services and
pharmaceutical services and local pharmaceutical services under pilot
schemes).
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(3)
Any such arrangement must be treated as an NHS contract for the purposes of
section 9 (other than subsections (7) and (10)).
(4)
“Health service body” means a body which is a health service body for the
purposes of section 9.
(5)
“Ophthalmic list” means a list published in accordance with regulations made
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under—
(a)
section 72(1)(a) of the National Health Service (Wales) Act 2006,
(b)
section 26(2)(a) of the National Health Service (Scotland) Act 1978, or
(c)
Article 62(2)(a) of the Health and Personal Social Services (Northern
Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)).
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(6)
The reference to a list published in accordance with regulations made under
paragraph (a) of section 26(2) of the National Health Service (Scotland) Act
1978 is a reference to the first part of the list (referred to in sub-paragraph (i) of
that paragraph) which is published in accordance with regulations under that
paragraph.
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(7)
“Pharmaceutical list” includes a list published in accordance with regulations
made under—
(a)
section 83(2)(a) of the National Health Service (Wales) Act 2006, or
(b)
Article 63(2A)(a) of the Health and Personal Social Services (Northern
Ireland) Order 1972.
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Provision of services otherwise than by the Secretary of State
12
Secretary of State’s arrangements with other bodies
(1)
The Secretary of State may arrange with any person or body to provide, or
assist in providing, any service under this Act.

National Health Service Bill [HL]
Part 2 — Health service bodies
Chapter 1 — Strategic Health Authorities
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(2)
Arrangements may be made under subsection (1) with voluntary
organisations.
(3)
The Secretary of State may make available any facilities provided by him for
any service under this Act—
(a)
to any person or body carrying out any arrangements under subsection
5
(1), or
(b)
to any voluntary organisation eligible for assistance under section 64 or
section 65 of the Health Services and Public Health Act 1968 (c. 46).
(4)
Where facilities are made available under subsection (3), the Secretary of State
may make available the services of any person employed in connection with
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the facilities by—
(a)
the Secretary of State,
(b)
a Strategic Health Authority,
(c)
a Primary Care Trust,
(d)
a Special Health Authority, or
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(e)
a Local Health Board.
(5)
Powers under this section may be exercised on such terms as may be agreed,
including terms as to the making of payments by or to the Secretary of State.
(6)
Goods or materials may be made available either temporarily or permanently.
(7)
Any power to supply goods or materials under this section includes—
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(a)
a power to purchase and store them, and
(b)
a power to arrange with third parties for the supply of goods or
materials by those third parties.
Part 2
Health service bodies
25
Chapter 1
Strategic Health Authorities
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Strategic Health Authorities
(1)
The Strategic Health Authorities established by the Secretary of State continue
in existence.
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(2)
But the Secretary of State may by order—
(a)
vary the area in England for which a Strategic Health Authority is
established,
(b)
abolish a Strategic Health Authority,
(c)
establish a new Strategic Health Authority for an area in England,
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(d)
change the name by which a Strategic Health Authority is known.
(3)
A Strategic Health Authority is called such name, in addition to the title
“Strategic Health Authority”, as—
(a)
appears to the Secretary of State appropriately to signify the
connection of the authority with the area for which it is established, and
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(b)
is specified in the order establishing the authority or in an order
changing the name by which the authority is known.

National Health Service Bill [HL]
Part 2 — Health service bodies
Chapter 1 — Strategic Health Authorities
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(4)
No order may be made under this section until after the completion of such
consultation as may be prescribed.
(5)
Consultation requirements in regulations under subsection (4) are in addition
to, and not in substitution for, any other consultation requirements which may
apply.
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(6)
The Secretary of State must act under this section so as to ensure that the areas
for which Strategic Health Authorities are at any time established together
comprise the whole of England.
(7)
The power under section 272(8) to make incidental or supplemental provision
includes, in particular, in its application to orders made under this section,
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power to make provision for the transfer of staff, property and liabilities.
(8)
The liabilities which may be transferred by virtue of this section and section
272(8) to a relevant transferee on the abolition of a Strategic Health Authority
include criminal liabilities.
(9)
“Relevant transferee” means—
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(a)
another Strategic Health Authority,
(b)
a Primary Care Trust,
(c)
an NHS trust,
(d)
a Special Health Authority, or
(e)
an NHS foundation trust.
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(10)
Schedule 2 makes further provision about Strategic Health Authorities.
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Exercise of Strategic Health Authority functions
(1)
This section applies to functions exercisable by a Strategic Health Authority
under or by virtue of this Act (including this section) or any prescribed
provision of any other Act.
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(2)
Regulations may provide for any of the functions to be exercised—
(a)
by another Strategic Health Authority,
(b)
by a Special Health Authority, or
(c)
jointly with any one or more of the bodies mentioned in subsection (3).
(3)
The bodies are—
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(a)
Primary Care Trusts,
(b)
Local Health Boards,
(c)
other Strategic Health Authorities.
(4)
Regulations may provide—
(a)
for any functions to which this section applies to be exercised, on behalf
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of the Strategic Health Authority by whom they are exercisable, by a
committee, sub-committee or officer of the Strategic Health Authority,
(b)
for any functions exercisable jointly under subsection (2)(c) to be
exercised, on behalf of the health service bodies in question, by a joint
committee or joint sub-committee.
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National Health Service Bill [HL]
Part 2 — Health service bodies
Chapter 2 — Primary Care Trusts
9

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Strategic Health Authorities’ directions
(1)
A Strategic Health Authority may, in relation to any specified function of the
Strategic Health Authority, direct a Primary Care Trust any part of whose area
falls within the Strategic Health Authority’s area to exercise the function.
(2)
But a Strategic Health Authority may not so direct a Primary Care Trust in
5
relation to any functions of the Strategic Health Authority arising under
section 92 arrangements or section 107 arrangements if the Primary Care Trust
is providing any services in accordance with those arrangements.
(3)
The Secretary of State may direct Strategic Health Authorities that specified
functions of theirs—
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(a)
are exercisable, or exercisable to (or only to) any specified extent, by
Primary Care Trusts, or
(b)
are not exercisable by Primary Care Trusts,

and that the power in subsection (1) must be exercised accordingly.
(4)
Directions under subsection (3)(a) may include directions that any of the
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specified functions must be exercised (or exercised to, or only to, any specified
extent) jointly with the Strategic Health Authority, or jointly by two or more
Primary Care Trusts.
(5)
But such directions may be given only if regulations providing for the joint
exercise of those functions have been made under section 14 or 19.
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(6)
“Specified” means specified in the directions.
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Section 92 arrangements and section 107 arrangements
(1)
Each Strategic Health Authority must, in accordance with regulations, perform
such functions in relation to section 92 arrangements and section 107
arrangements as may be prescribed.
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(2)
The regulations may, in particular—
(a)
prescribe functions in relation to training,
(b)
provide for appeals to the Secretary of State or a prescribed body in
relation to prescribed functions.
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Advice for Strategic Health Authorities
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Each Strategic Health Authority must make arrangements with a view to
securing that it receives advice appropriate for enabling it effectively to
exercise the functions exercisable by it from persons with professional
expertise relating to the physical or mental health of individuals.
Chapter 2
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Primary Care Trusts
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Primary Care Trusts
(1)
The Primary Care Trusts established by the Secretary of State continue in
existence.
(2)
But the Secretary of State may by order (a “PCT order”)—
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National Health Service Bill [HL]
Part 2 — Health service bodies
Chapter 2 — Primary Care Trusts
10

(a)
vary the area in England for which a Primary Care Trust is established,
(b)
abolish a Primary Care Trust,
(c)
establish a new Primary Care Trust for the area in England specified in
the order with a view to it exercising functions in relation to the health
service.
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(3)
The Secretary of State must act under this section so as to ensure that the areas
for which Primary Care Trusts are at any time established together comprise
the whole of England.
(4)
A Primary Care Trust must exercise its functions in accordance with any
prohibitions or restrictions in a PCT order relating to it.
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(5)
If any consultation requirements apply, they must be complied with before a
PCT order is made.
(6)
“Consultation requirements” means requirements about consultation
contained in regulations.
(7)
Regulations must impose requirements about consultation where a PCT order
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establishes a Primary Care Trust.
(8)
Schedule 3 makes further provision about Primary Care Trusts.
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Exercise of Primary Care Trust functions
(1)
This section applies to functions exercisable by a Primary Care Trust under or
by virtue of this Act (including this section) or any prescribed provision of any
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other Act.
(2)
Regulations may provide for any functions to which this section applies to be
exercised—
(a)
by another Primary Care Trust,
(b)
by a Special Health Authority, or
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(c)
jointly with any one or more of the bodies mentioned in subsection (3).
(3)
The bodies are—
(a)
Strategic Health Authorities,
(b)
NHS trusts,
(c)
Local Health Boards, and
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(d)
other Primary Care Trusts.
(4)
Regulations may provide—
(a)
for any functions to which this section applies to be exercised, on
behalf of the Primary Care Trust by whom they are exercisable, by a
committee, sub-committee or officer of the Primary Care Trust,
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(b)
for any functions which, under this section, are exercisable by a
Primary Care Trust jointly with one or more Strategic Health
Authorities or other Primary Care Trusts (but not with any NHS trusts)
to be exercised, on behalf of the health service bodies in question, by a
joint committee or joint sub-committee.
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(5)
Subsection (6) applies where, by virtue of subsection (2)(b), a Special Health
Authority exercises functions of a Primary Care Trust in relation to a general
dental services contract.

National Health Service Bill [HL]
Part 2 — Health service bodies
Chapter 2 — Primary Care Trusts
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(6)
The Secretary of State may by order make provision for the transfer to the
Special Health Authority of the rights and liabilities of the Primary Care Trust
under the contract (and for their transfer back to the Primary Care Trust where
the Special Health Authority ceases to exercise the functions).
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Strategic Health Authority directions to Primary Care Trusts
5
(1)
A Strategic Health Authority may give directions to a Primary Care Trust
about its exercise of any function.
(2)
Directions under this section are subject to any directions given under section
8.
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Provision of services etc
10
(1)
A Primary Care Trust may provide services under an agreement under—
(a)
section 92 (primary medical services), or
(b)
section 107 (primary dental services),

and may do so as a member of a qualifying body (within the meaning given by
section 93 or section 108).
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(2)
A Primary Care Trust may arrange for the provision by it to another health
service body of goods or services which are of the same description as those
which, at the time of making the arrangement, the Primary Care Trust has
power to provide in carrying out its other functions.
(3)
A Primary Care Trust may provide premises for the use of persons—
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(a)
providing pharmaceutical services, or
(b)
providing or performing primary medical services, primary dental
services or primary ophthalmic services,

on any terms it considers appropriate.
(4)
A Primary Care Trust which manages any health service hospital may make
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accommodation or services available there for patients who give undertakings
(or for whom undertakings are given) to pay any charges imposed by the
Primary Care Trust in respect of the accommodation or services.
(5)
A Primary Care Trust has power to do anything specified in section 7(2) of the
Health and Medicines Act 1988 (c. 49) (provision of goods, services etc), other
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than make accommodation or services available for patients at any health
service hospital it manages, for the purpose of making additional income
available for improving the health service.
(6)
A Primary Care Trust may exercise a power conferred by subsection (4) or (5)
only—
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(a)
to the extent that its exercise does not to any significant extent
interfere with the performance by the Primary Care Trust of its
functions or of its obligations under NHS contracts or under
agreements or arrangements made with NHS foundation trusts, and
(b)
in circumstances specified in directions under section 8, with the
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Secretary of State’s consent.
(7)
In this section—
“health service body” means a body which is a health service body for the
purposes of section 9,

National Health Service Bill [HL]
Part 2 — Health service bodies
Chapter 2 — Primary Care Trusts
12

“hospital” includes any establishment or facility managed for the
purposes of the health service.
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Administration and management of services
Each Primary Care Trust must, in accordance with regulations—
(a)
administer the arrangements made in pursuance of this Act for the
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provision for its area of primary medical services, primary dental
services, primary ophthalmic services, pharmaceutical services and
local pharmaceutical services, and
(b)
perform such management and other functions relating to those
services as may be prescribed.
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Advice for Primary Care Trusts
Each Primary Care Trust must make arrangements with a view to securing that
it receives advice appropriate for enabling it effectively to exercise the
functions exercisable by it from persons with professional expertise relating to
the physical or mental health of individuals.
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Plans for improving health etc
(1)
Each Primary Care Trust must, at such times as the Secretary of State may
direct, prepare a plan which sets out a strategy for improving—
(a)
the health of the people for whom it is responsible, and
(b)
the provision of health care to such people.
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(2)
Each Primary Care Trust must keep under review any plan prepared by it
under this section.
(3)
Each local authority whose area falls wholly or partly within the area of a
Primary Care Trust must participate in the preparation or review by the
Primary Care Trust of any plan under this section.
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(4)
In preparing or reviewing any plan under this section, a Primary Care Trust—
(a)
must consult, or seek the participation of, such persons as the Secretary
of State may direct, and
(b)
may consult, or seek the participation of, such other persons as it
considers appropriate.
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(5)
The Secretary of State may give directions as to—
(a)
the periods to be covered by plans under this section,
(b)
the action to be taken by Strategic Health Authorities, Primary Care
Trusts and local authorities in connection with the preparation or
review of plans under this section,
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(c)
the matters to be taken into account in connection with the preparation
or review of plans under this section,
(d)
the matters to be dealt with by plans under this section,
(e)
the form and content of plans under this section,
(f)
the publication of plans prepared or reviewed under this section,
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(g)
the sharing of information between Strategic Health Authorities,
Primary Care Trusts, Local Health Boards and local authorities in
connection with the preparation or review of plans under this section
or section 17 of the National Health Service (Wales) Act 2006 (c. 00),