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 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
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(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
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(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.