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National Health Service Bill [HL]


National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 6 — Disqualification

93

 

(4)   

On an appeal, the FHSAA may make any decision which the Primary Care

Trust could have made.

(5)   

If the FHSAA decides to remove the practitioner contingently—

(a)   

the Primary Care Trust and the practitioner may each apply to the

FHSAA for the conditions imposed on the practitioner to be varied, for

5

different conditions to be imposed, or for the contingent removal to be

revoked, and

(b)   

the Primary Care Trust may remove him from its list if it determines

that he has failed to comply with a condition.

(6)   

The Primary Care Trust may not remove a person from a list, or impose a

10

contingent removal—

(a)   

until the expiry of the period of 28 days referred to in subsection (1), or

(b)   

if the practitioner appeals within that period, until the FHSAA has

disposed of the appeal.

(7)   

Regulations may provide for payments by Primary Care Trusts to practitioners

15

who are removed from lists pursuant to decisions of the FHSAA under this

section, but whose appeals against those decisions are successful.

(8)   

Regulations under subsection (7) may include provision for the amount of the

payments, or the method of calculating the amount, to be determined by the

Secretary of State or by another person appointed for the purpose by the

20

Secretary of State.

159     

National disqualification

(1)   

If the FHSAA removes the practitioner from a list, it may also decide to

disqualify him from inclusion in—

(a)   

the pharmaceutical lists prepared by each Primary Care Trust,

25

(b)   

the supplementary lists prepared by each Primary Care Trust,

(c)   

the lists under section 91, 106, or 123 prepared by each Primary Care

Trust,

(d)   

the lists under section 146 prepared by each Primary Care Trust, or the

lists corresponding to the lists under section 91 prepared by each

30

Primary Care Trust by virtue of regulations made under section 145,

(e)   

the lists corresponding to the lists mentioned in paragraphs (a) to (d)

prepared by each Local Health Board under or by virtue of the National

Health Service (Wales) Act 2006 (c. 00),

   

or only from inclusion in one or more descriptions of such lists prepared by

35

each Primary Care Trust and each Local Health Board, the description being

specified by the FHSAA in its decision.

(2)   

A decision by the FHSAA to do what is mentioned in subsection (1) is referred

to in this section as the imposition of a national disqualification.

(3)   

The FHSAA may also impose a national disqualification on a practitioner if it

40

dismisses an appeal by him against the refusal by a Primary Care Trust to

include him in such a list.

(4)   

The Primary Care Trust may apply to the FHSAA for a national

disqualification to be imposed on a person after the Primary Care Trust has—

(a)   

removed him from a list prepared by it of any of the kinds referred to

45

in subsection (1)(a) to (d), or

 
 

National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 6 — Disqualification

94

 

(b)   

refused to include him in such a list.

(5)   

Any such application must be made before the end of the period of three

months beginning with the date of the removal or of the Primary Care Trust’s

refusal.

(6)   

If the FHSAA imposes a national disqualification on a person—

5

(a)   

no Primary Care Trust or Local Health Board may include him in a list

of any of the kinds prepared by it from which he has been disqualified

from inclusion, and

(b)   

if he is included in such a list, each Primary Care Trust and each Local

Health Board in whose list he is included must remove him from it.

10

(7)   

The FHSAA may at the request of the person upon whom it has been imposed

review a national disqualification, and on a review may confirm it or revoke it.

(8)   

Subject to subsection (9), the person may not request such a review before the

end of the period of—

(a)   

two years beginning with the date on which the national

15

disqualification was imposed, or

(b)   

one year beginning with the date of the FHSAA’s decision on the last

such review.

(9)   

The Secretary of State may provide in regulations for subsection (8) to have

effect in prescribed circumstances as if the reference there to “two years” or

20

“one year” were a reference to a different period specified in the regulations.

160     

Notification of decisions

Regulations may require a Primary Care Trust to notify prescribed persons, or

persons of prescribed descriptions, of any decision it makes under this

Chapter, and of any information relevant to the decision which it considers

25

appropriate to include in the notification.

161     

Withdrawal from lists

Regulations may provide for circumstances in which a practitioner—

(a)   

whom a Primary Care Trust is investigating in order to see whether

there are grounds for exercising its powers under section 151, 152 or

30

154,

(b)   

whom a Primary Care Trust has decided to remove from a list under

section 151 or 152, or contingently remove under section 152, but who

has not yet been removed or contingently removed, or

(c)   

who has been suspended under section 154,

35

may not withdraw from a list in which he is included.

162     

Regulations about decisions under this Chapter

(1)   

Any decision by a Primary Care Trust referred to in this Chapter must be

reached in accordance with regulations about such decisions.

(2)   

The regulations must include provision—

40

(a)   

requiring the practitioner to be given notice of any allegation against

him,

 
 

National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 7 — Miscellaneous

95

 

(b)   

giving him the opportunity of putting his case at a hearing before a

Primary Care Trust makes any decision affecting him under this

Chapter,

(c)   

requiring him to be given notice of the decision of the Primary Care

Trust and the reasons for it and of any right of appeal which he may

5

have.

(3)   

The regulations may, in particular, make provision as to criteria which the

Primary Care Trust must apply when making decisions in unsuitability cases.

163     

Corresponding provisions in Scotland and Northern Ireland

(1)   

This section applies where it appears to the Secretary of State that there is

10

provision in Scotland or Northern Ireland under which a person may be dealt

with in any way which corresponds (whether or not exactly) with a way in

which a person may be dealt with under this Chapter.

(2)   

A decision in Scotland or Northern Ireland to deal with such a person in such

a way is referred to in this section as a “corresponding decision”.

15

(3)   

If this section applies, the Secretary of State may make regulations providing

for the effect to be given in England to a corresponding decision.

(4)   

That effect need not be the same as the effect of the decision in the place where

it was made.

(5)   

The regulations may not provide for a corresponding decision to be reviewed

20

or revoked in England.

Chapter 7

Miscellaneous

Remuneration

164     

Remuneration for persons providing pharmaceutical services

25

(1)   

The remuneration to be paid to persons who provide pharmaceutical services

under this Part must be determined by determining authorities.

(2)   

Determining authorities may also determine the remuneration to be paid to

persons who provide those services in respect of the instruction of any person

in matters relating to those services.

30

(3)   

For the purposes of this section and section 165 determining authorities are—

(a)   

the Secretary of State, and

(b)   

so far as authorised by him to exercise the functions of determining

authorities, any Primary Care Trust or other person appointed by him

in an instrument.

35

(4)   

The instrument mentioned in subsection (3)(b) is called in this section an

“instrument of appointment”.

(5)   

An instrument of appointment—

 
 

National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 7 — Miscellaneous

96

 

(a)   

may contain requirements with which a determining authority

appointed by that instrument must comply in making determinations,

and

(b)   

may be contained in regulations.

(6)   

Subject to this section and section 165, regulations may make provision about

5

determining remuneration under this section and may in particular impose

requirements with which determining authorities must comply in making, or

in connection with, determinations (including requirements as to consultation

and publication).

(7)   

Regulations may provide that determinations may be made by reference to any

10

of—

(a)   

rates or conditions of remuneration of any persons or any descriptions

of persons which are fixed or determined, or will be fixed or

determined, otherwise than by way of a determination under this

section,

15

(b)   

scales, indices or other data of any description specified in the

regulations.

(8)   

Where regulations provide as mentioned in subsection (7)(b), they may

provide that any determination which falls to be made by reference to a scale,

index or other data may be made by reference to the scale, index or data—

20

(a)   

in the form current at the time of the determination, and

(b)   

in any subsequent form taking effect after that time.

(9)   

Regulations may—

(a)   

provide that determining authorities may make determinations which

have effect in relation to remuneration in respect of a period beginning

25

on or after a date specified in the determination, which may be the date

of the determination or an earlier or later date, but may be an earlier

date only if, taking the determination as a whole, it is not detrimental

to the persons to whose remuneration it relates,

(b)   

provide that any determination which does not specify such a date has

30

effect in relation to remuneration in respect of a period beginning—

(i)   

if it is required to be published, on the date of publication,

(ii)   

if it is not so required, on the date on which it is made.

(10)   

A reference in this section or section 165 to a determination is to a

determination of remuneration under this section.

35

165     

Section 164: supplementary

(1)   

Before a determination is made by the Secretary of State which relates to all

persons who provide pharmaceutical services, or a category of such services,

he—

(a)   

must consult a body appearing to him to be representative of persons

40

to whose remuneration the determination would relate, and

(b)   

may consult such other persons as he considers appropriate.

(2)   

Determinations may make different provision for different cases, including

different provision for any particular case, class of case or area.

(3)   

Determinations may be—

45

(a)   

made in more than one stage,

 
 

National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 7 — Miscellaneous

97

 

(b)   

made by more than one determining authority,

(c)   

varied or revoked by subsequent determinations.

(4)   

A determination may be varied—

(a)   

to correct an error, or

(b)   

where it appears to the determining authority that it was made in

5

ignorance of or under a mistake as to a relevant fact.

(5)   

Determinations may, in particular, provide that the whole or any part of the

remuneration—

(a)   

is payable only if the determining authority is satisfied as to certain

conditions, or

10

(b)   

must be applied for certain purposes or is otherwise subject to certain

conditions.

(6)   

Remuneration under section 164 may be determined from time to time and

may consist of payments by way of—

(a)   

salary,

15

(b)   

fees,

(c)   

allowances,

(d)   

reimbursement (in full or in part) of expenses incurred or expected to

be incurred in connection with the provision of the services or

instruction.

20

(7)   

At the time a determination is made or varied, certain matters which require

determining may be reserved to be decided at a later time.

(8)   

The matters which may be reserved include in particular—

(a)   

the amount of remuneration to be paid in particular cases,

(b)   

whether any remuneration is to be paid in particular cases.

25

(9)   

Any determination may be made only after taking into account all the matters

which are considered to be relevant by the determining authority.

(10)   

Such matters may include in particular—

(a)   

the amount or estimated amount of expenses (taking into account any

discounts) incurred in the past or likely to be incurred in the future

30

(whether or not by persons to whose remuneration the determination

will relate) in connection with the provision of pharmaceutical services

or of any category of pharmaceutical services,

(b)   

the amount or estimated amount of any remuneration paid or likely to

be paid to persons providing such services,

35

(c)   

the amount or estimated amount of any other payments or repayments

or other benefits received or likely to be received by any such persons,

(d)   

the extent to which it is desirable to encourage the provision, either

generally or in particular places, of pharmaceutical services or the

category of pharmaceutical services to which the determination will

40

relate,

(e)   

the desirability of promoting pharmaceutical services which are—

(i)   

economic and efficient, and

(ii)   

of an appropriate standard.

(11)   

If the determination is of remuneration for a category of pharmaceutical

45

services, the reference in subsection (10)(a) to a category of pharmaceutical

 
 

National Health Service Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 7 — Miscellaneous

98

 

services is a reference to the same category of pharmaceutical services or to any

other category of pharmaceutical services falling within the same description.

Indemnity cover

166     

Indemnity cover

(1)   

Regulations may make provision for the purpose of securing that, in

5

prescribed circumstances, prescribed persons included in a pharmaceutical list

hold approved indemnity cover.

(2)   

The regulations may, in particular, make provision as to the consequences of a

failure to hold approved indemnity cover, including provision—

(a)   

for securing that a person must not be added to a pharmaceutical list

10

unless he holds approved indemnity cover,

(b)   

for the removal from a pharmaceutical list prepared by a Primary Care

Trust of a person who does not within a prescribed period after the

making of a request by the Primary Care Trust in the prescribed

manner satisfy the Primary Care Trust that he holds approved

15

indemnity cover.

(3)   

For the purposes of this section—

“approved body” means a person or persons approved in relation to

indemnity cover of any description, after such consultation as may be

prescribed, by the Secretary of State or by such other person as may be

20

prescribed,

“approved indemnity cover” means indemnity cover made—

(a)   

on prescribed terms, and

(b)   

with an approved body,

“indemnity cover”, in relation to a person included in a pharmaceutical

25

list (or a person who proposes to provide pharmaceutical services),

means a contract of insurance or other arrangement made for the

purpose of indemnifying him, and any person prescribed in relation to

him, to any prescribed extent against any liability which—

(a)   

arises out of the provision of pharmaceutical services in

30

accordance with arrangements made by him with a Primary

Care Trust, and

(b)   

is incurred by him or any such person in respect of the death or

personal injury of a person,

“personal injury” means any disease or impairment of a person’s physical

35

or mental condition and includes the prolongation of any disease or

such impairment,

   

and a person holds approved indemnity cover if he has entered into a contract

or arrangement which constitutes approved indemnity cover.

(4)   

The regulations may provide that a person of any description who has entered

40

into a contract or arrangement which is—

(a)   

in a form identified in accordance with the regulations in relation to

persons of that description, and

(b)   

made with a person or persons so identified,

   

must be treated as holding approved indemnity cover for the purposes of the

45

regulations.

 
 

 
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