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 7 — Pharmaceutical services and local pharmaceutical services
Chapter 2 — Local pharmaceutical services: pilot schemes
79

(b)
a suspension order or an interim suspension order is made with
respect to him,

he may not provide pharmaceutical services in person during the period of
suspension.
(9)
“Suspension order” and “interim suspension order” have the same meaning as
5
in the Pharmacy Act 1954 (c. 61).
133
Inadequate provision of pharmaceutical services
(1)
Subsection (2) applies if the Secretary of State is satisfied, after such inquiry as
he considers appropriate, that—
(a)
as respects the area, or part of the area, of a Primary Care Trust, the
10
persons whose names are included in any pharmaceutical list are not
such as to secure the adequate provision of pharmaceutical services in
that area or part, or
(b)
for any other reason any considerable number of persons in any such
area or part are not receiving satisfactory services under the
15
arrangements in force under this Chapter.
(2)
Where this subsection applies, the Secretary of State—
(a)
may authorise the Primary Care Trust to make such other
arrangements as he may approve, or may himself make such other
arrangements, and
20
(b)
may dispense with any of the requirements of regulations made under
this Part (other than Chapters 2 to 4) so far as appears to him necessary
to meet exceptional circumstances and enable such arrangements to be
made.
Chapter 2
25
Local pharmaceutical services: pilot schemes
134
Pilot schemes
(1)
Primary Care Trusts may establish pilot schemes.
(2)
In this Act, a “pilot scheme” means one or more agreements—
(a)
made by a Primary Care Trust in accordance with this Chapter,
30
(b)
under which local pharmaceutical services will be provided
(otherwise than by the Primary Care Trust), and
(c)
the parties to which do not include any other Primary Care Trust.
(3)
A pilot scheme may include arrangements—
(a)
for the provision of services which are not local pharmaceutical
35
services, but which may be provided under this Act, other than under
Chapter 1 of this Part, and whether or not of the kind usually provided
by pharmacies,
(b)
for the provision of training and education (including training and
education for persons who are, or may become, involved in the
40
provision of local pharmaceutical services).

National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 2 — Local pharmaceutical services: pilot schemes
80

(4)
A pilot scheme may not combine arrangements for the provision of local
pharmaceutical services with arrangements for the provision of primary
medical services or primary dental services.
(5)
In determining the arrangements it needs to make in order to comply with
section 126, a Primary Care Trust may take into account arrangements under a
5
pilot scheme made by it.
(6)
The functions of an NHS trust and an NHS foundation trust include power to
provide any services to which a pilot scheme applies.
(7)
In this Chapter—
“local pharmaceutical services” means such services of a kind which may
10
be provided under section 126, or by virtue of section 127 (other than
practitioner dispensing services) as may be prescribed for the purposes
of this Chapter, and
“piloted services” means services provided under a pilot scheme
(including any services to which the scheme applies as a result of
15
subsection (3)).
(8)
“Practitioner dispensing services” means the provision of drugs, medicines or
listed appliances (within the meaning given by section 126) by a medical
practitioner or dental practitioner to a patient of his pursuant to arrangements
made by virtue of section 132(1).
20
135
Making pilot schemes
Schedule 11 makes provision with respect to making pilot schemes, including
provision with respect to the procedure to be followed.
136
Designation of priority neighbourhoods or premises
(1)
The Secretary of State may make regulations allowing a Primary Care Trust to
25
designate—
(a)
neighbourhoods,
(b)
premises, or
(c)
descriptions of premises,

for the purposes of this section.
30
(2)
The regulations may, in particular, make provision—
(a)
as to the circumstances in which, and the neighbourhoods or premises
in relation to which, designations may be made or maintained,
(b)
allowing a Primary Care Trust to defer consideration of pharmaceutical
list applications relating to neighbourhoods, premises or descriptions
35
of premises that have been designated,
(c)
allowing a designation to be cancelled in prescribed circumstances,
(d)
requiring a designation to be cancelled—
(i)
if the Secretary of State gives a direction to that effect, or
(ii)
in prescribed circumstances.
40
(3)
“Pharmaceutical list applications” means applications for inclusion in a
pharmaceutical list.

National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 2 — Local pharmaceutical services: pilot schemes
81

137
Reviews of pilot schemes
(1)
At least one review of the operation of each pilot scheme must be conducted by
the Secretary of State.
(2)
Each pilot scheme must be reviewed under this section before the end of the
period of three years beginning with the date on which piloted services are first
5
provided under the scheme.
(3)
When conducting a review of a pilot scheme, the Secretary of State must give—
(a)
the Primary Care Trust concerned, and
(b)
any person providing services under the scheme,

an opportunity to comment on any matter relevant to the review.
10
(4)
Otherwise, the procedure on any review must be determined by the Secretary
of State.
138
Variation and termination of pilot schemes
(1)
The Secretary of State may give directions authorising Primary Care Trusts to
vary pilot schemes (otherwise than in response to directions given under
15
subsection (2)) in such circumstances, and subject to such conditions, as may
be specified in the directions.
(2)
The Secretary of State may by directions require a pilot scheme to be varied by
the Primary Care Trust concerned in accordance with the directions.
(3)
If satisfied that a pilot scheme is (for any reason) unsatisfactory, the Secretary
20
of State may give directions to the Primary Care Trust concerned requiring it
to bring the scheme to an end in accordance with the terms of the directions.
139
NHS contracts and the provision of piloted services
(1)
In the case of a pilot scheme entered into, or to be entered into, by a single
individual or body corporate (other than an NHS foundation trust), that
25
individual or body may make an application under this section to become a
health service body.
(2)
In the case of any other pilot scheme, all of those providing, or proposing to
provide, piloted services under the scheme may together make an application
under this section to become a single health service body.
30
(3)
An application must—
(a)
be made to the Secretary of State in accordance with such provisions as
may be made by regulations, and
(b)
specify the pilot scheme in relation to which it is made.
(4)
Except in such cases as may be prescribed, the Secretary of State may grant an
35
application.
(5)
If an application is granted, the Secretary of State must specify a date in relation
to that application and, as from that date—
(a)
in the case of an application under subsection (1), the applicant is, and
(b)
in the case of an application under subsection (2), the applicants
40
together are,

a health service body for the purposes of section 9.

National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 2 — Local pharmaceutical services: pilot schemes
82

(6)
That section has effect in relation to such a health service body (“a PHS body”),
acting as commissioner, as if the functions referred to in section 9(1) were the
provision of piloted services.
(7)
Except in such circumstances as may be prescribed, a PHS body resulting from
an application under subsection (2) must be treated, at any time, as consisting
5
of those who are providing piloted services under the scheme.
(8)
A direction as to payment made under section 9(11) against, or in favour of, a
PHS body is enforceable in a county court (if the court so orders) as if it were a
judgment or order of that court.
(9)
Regulations may provide for a PHS body to cease to be a PHS body in
10
prescribed circumstances.
(10)
The Secretary of State must—
(a)
maintain and publish a list of PHS bodies,
(b)
publish a revised copy of the list as soon as is reasonably practicable
after any change is made to it.
15
(11)
The list must be published in such manner as the Secretary of State considers
appropriate.
140
Funding of preparatory work
(1)
Provision may be made by regulations for Primary Care Trusts to make
payments of financial assistance for preparatory work.
20
(2)
“Preparatory work” means work which it is reasonable for a person to
undertake—
(a)
in connection with preparing proposals for a pilot scheme, or
(b)
in preparing for the provision by him of any piloted services.
(3)
The regulations may, in particular, include provision—
25
(a)
prescribing the circumstances in which payments of financial
assistance may be made,
(b)
imposing a limit on the amount of any payment of financial
assistance which a Primary Care Trust may make in any prescribed
period in respect of any one person or any one pilot scheme,
30
(c)
imposing a limit on the aggregate amount which a Primary Care Trust
may pay by way of financial assistance in any one financial year,
(d)
requiring a person to whom assistance is given under this section to
comply with such conditions as may be imposed in accordance with
prescribed requirements, and
35
(e)
for repayment in the case of a failure to comply with any condition so
imposed.
141
Application of this Act
This Act has effect in relation to piloted services—
(a)
subject to any provision of, or made under, this Chapter, section 145
40
(application of enactments) or section 178 (charges for local
pharmaceutical services), but

National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 4 — Local pharmaceutical services: miscellaneous
83

(b)
otherwise 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).
142
Premises from which piloted services may be provided
The Secretary of State may by regulations—
5
(a)
prevent (except in such circumstances and to such extent as may be
prescribed) the provision of both piloted services and pharmaceutical
services from the same premises,
(b)
make provision with respect to the inclusion, removal, re-inclusion
or modification of an entry in respect of premises in a pharmaceutical
10
list.
143
Control of entry regulations
The power to make regulations under section 129 includes power to prescribe
the extent to which the provision of piloted services must be taken into account
in determining whether to grant an application for inclusion in a
15
pharmaceutical list.
Chapter 3
Local pharmaceutical services: LPS schemes
144
Local pharmaceutical services schemes
Schedule 12 makes provision with respect to the provision of local
20
pharmaceutical services in accordance with schemes made by Primary Care
Trusts.
Chapter 4
Local pharmaceutical services: miscellaneous
Application of enactments
25
145
Application of enactments
(1)
The Secretary of State may by regulations make, in relation to local
pharmaceutical services arrangements or persons providing or assisting in the
provision of services under such arrangements, provision corresponding
(whether or not exactly) to enactments containing provision relating to—
30
(a)
section 92 arrangements or section 107 arrangements, or
(b)
persons who provide or perform services under section 92 or section
107.
(2)
The regulations may, in particular, provide for the application of any such
enactment with such modifications, if any, as the Secretary of State considers
35
appropriate.
(3)
The provision which may be made under this section includes provision
amending, repealing or revoking enactments.

National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 4 — Local pharmaceutical services: miscellaneous
84

(4)
“Local pharmaceutical services arrangements” means arrangements made
under an LPS scheme or a pilot scheme.
Performance of local pharmaceutical services
146
Persons performing local pharmaceutical services
(1)
Regulations may provide that a health care professional of a prescribed
5
description may not perform any local pharmaceutical service for which a
Primary Care Trust is responsible unless he is included in a list maintained
under the regulations by a Primary Care Trust.
(2)
For the purposes of this section—
(a)
“health care professional” means a person who is a member of a
10
profession regulated by a body mentioned in section 25(3) of the
National Health Service Reform and Health Care Professions Act 2002
(c. 17),
(b)
a Primary Care Trust is responsible for a local pharmaceutical service if
it secures its provision by or under any enactment.
15
(3)
Regulations under this section may make provision in relation to lists under
this section and in particular as to—
(a)
the preparation, maintenance and publication of a list,
(b)
eligibility for inclusion in a list,
(c)
applications for inclusion (including provision as to the Primary
20
Care Trust to which an application must be made, and for the
procedure for applications and the documents to be supplied on
application),
(d)
the grounds on which an application for inclusion may or must be
granted or refused,
25
(e)
requirements with which a person included in a list must comply
(including the declaration of financial interests and gifts and other
benefits),
(f)
suspension or removal from a list (including provision for the
grounds for, and consequences of, suspension or removal),
30
(g)
circumstances in which a person included in a list may not withdraw
from it,
(h)
payments to be made in respect of a person suspended from a list
(including provision for the amount of the payment, or the method of
calculating the payment, to be determined by the Secretary of State or a
35
person appointed by him),
(i)
the criteria to be applied in making decisions under the regulations,
(j)
appeals against decisions made by a Primary Care Trust under the
regulations, and
(k)
disclosure of information about applicants for inclusion, grants or
40
refusals of applications or suspensions or removals,

and may make any provision corresponding to anything in sections 151 to 159.
(4)
Regulations under this section may, in particular, also provide for—
(a)
a person’s inclusion in a list to be subject to conditions determined by
a Primary Care Trust,
45
(b)
a Primary Care Trust to vary the conditions or impose different ones,

National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 5 — Conditional inclusion in pharmaceutical lists, and supplementary lists
85

(c)
the consequences of failing to comply with a condition (including
removal from a list),
(d)
the review by a Primary Care Trust of decisions made by it by virtue of
the regulations.
(5)
The imposition of such conditions must be with a view to—
5
(a)
preventing any prejudice to the efficiency of the services to which a list
relates, or
(b)
preventing fraud.
(6)
Regulations making provision as to the matters referred to in subsection (3)(k)
may in particular authorise the disclosure of information—
10
(a)
by a Primary Care Trust to the Secretary of State, and
(b)
by the Secretary of State to a Primary Care Trust.
Assistance and support
147
Assistance and support: local pharmaceutical services
(1)
A Primary Care Trust may provide assistance or support to any person
15
providing local pharmaceutical services.
(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.
20
Chapter 5
Conditional inclusion in pharmaceutical lists, and supplementary lists
148
Conditional inclusion in pharmaceutical lists
(1)
Regulations may provide—
(a)
that if a person is included in a pharmaceutical list he is subject, while
25
he remains included in the list, to conditions determined by the
Primary Care Trust in whose list he is included,
(b)
for the Primary Care Trust to vary that person’s terms of service for the
purpose of or in connection with the imposition of any such conditions,
(c)
for the Primary Care Trust to vary the conditions or impose different
30
ones,
(d)
for the consequences of failing to comply with a condition (including
removal from the list), and
(e)
for the review by the Primary Care Trust of any decision made by
virtue of the regulations.
35
(2)
The imposition of conditions must be with a view to—
(a)
preventing any prejudice to the efficiency of the services in question, or
(b)
preventing any acts or omissions within section 151(3)(a).
(3)
If regulations provide for a practitioner’s removal from the list for breach of
condition—
40