|
| |
|
(4) | On an appeal, the FHSAA may make any decision which the Primary Care |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
|
| |
|
| |
|
(b) | giving him the opportunity of putting his case at a hearing before a |
| |
Primary Care Trust makes any decision affecting him under this |
| |
| |
(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 |
| |
(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 |
| |
| |
(5) | The regulations may not provide for a corresponding decision to be reviewed |
| 20 |
| |
| |
| |
| |
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 |
| |
| 35 |
(4) | The instrument mentioned in subsection (3)(b) is called in this section an |
| |
“instrument of appointment”. |
| |
(5) | An instrument of appointment— |
| |
|
| |
|
| |
|
(a) | may contain requirements with which a determining authority |
| |
appointed by that instrument must comply in making determinations, |
| |
| |
(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 |
| |
| |
(7) | Regulations may provide that determinations may be made by reference to any |
| 10 |
| |
(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 |
| |
| 15 |
(b) | scales, indices or other data of any description specified in the |
| |
| |
(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. |
| |
| |
(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, |
| |
| |
(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, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(a) | is payable only if the determining authority is satisfied as to certain |
| |
| 10 |
(b) | must be applied for certain purposes or is otherwise subject to certain |
| |
| |
(6) | Remuneration under section 164 may be determined from time to time and |
| |
may consist of payments by way of— |
| |
| 15 |
| |
| |
(d) | reimbursement (in full or in part) of expenses incurred or expected to |
| |
be incurred in connection with the provision of the services or |
| |
| 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 |
| |
(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 |
| |
|
| |
|
| |
|
services is a reference to the same category of pharmaceutical services or to any |
| |
other category of pharmaceutical services falling within the same description. |
| |
| |
| |
(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 |
| |
(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 |
| |
“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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
|
| |
|