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National Health Service Bill [HL]


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

99

 

Local Pharmaceutical Committees

167     

Local Pharmaceutical Committees

(1)   

A Primary Care Trust may recognise a committee formed for its area, or for its

area and that of one or more other Primary Care Trusts, which it is satisfied is

representative of—

5

(a)   

the persons providing pharmaceutical services from premises in the

area for which the committee is formed (“pharmaceutical services

providers”),

(b)   

pharmaceutical services providers and the persons to whom

subsections (2) and (3) apply,

10

(c)   

pharmaceutical services providers and the persons to whom subsection

(2) applies, or

(d)   

pharmaceutical services providers and the persons to whom subsection

(3) applies.

(2)   

This subsection applies to each person who—

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(a)   

is providing local pharmaceutical services in the Primary Care Trust’s

area under an LPS scheme made (whether with himself or another

person) by the Primary Care Trust, and

(b)   

has notified the Primary Care Trust that he wishes to be represented by

the committee (and has not notified it that he wishes to cease to be so

20

represented).

(3)   

This subsection applies to each person who—

(a)   

is providing local pharmaceutical services in the Primary Care Trust’s

area under a pilot scheme made (whether with himself or another

person) by the Primary Care Trust, and

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(b)   

has notified the Primary Care Trust that he wishes to be represented by

the committee (and has not notified it that he wishes to cease to be so

represented).

(4)   

A committee recognised under this section is called the Local Pharmaceutical

Committee for the area for which it is formed.

30

(5)   

Any such committee may delegate any of its functions, with or without

restrictions or conditions, to sub-committees composed of members of that

committee.

(6)   

Regulations may require a Primary Care Trust, in the exercise of functions

relating to pharmaceutical services or local pharmaceutical services, to consult

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committees recognised by it under this section on such occasions and to such

extent as may be prescribed.

(7)   

Subsection (6) does not affect any other power to require a Primary Care Trust

to consult committees recognised by it under this section.

(8)   

A committee recognised under this section has such other functions as may be

40

prescribed.

(9)   

A Primary Care Trust may, on the request of any committee recognised by it

under this section, allot to that committee such sums for defraying the

committee’s administrative expenses (other than any determined under

subsection (12)) as may be determined by the Primary Care Trust.

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National Health Service Bill [HL]
Part 8 — Family Health Services Appeal Authority

100

 

(10)   

Any sums so allotted must be out of the moneys available to the Primary Care

Trust for the remuneration of persons of whom the committee is representative

under subsection (1)(a).

(11)   

The amount of any such sums must be deducted from the remuneration of

those persons in such manner as may be determined by the Primary Care

5

Trust.

(12)   

A committee recognised under subsection (1)(b), (c) or (d) must, in respect of

each year, determine the amount of its administrative expenses for that year

attributable to the persons of whom it is representative under subsection (2) or

(3).

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(13)   

The committee must apportion the amount determined under subsection (12)

among the persons of whom it is representative under subsection (2) or (3), and

each such person must pay in accordance with the committee’s directions the

amount so apportioned to him.

(14)   

The administrative expenses of a committee include the travelling and

15

subsistence allowances payable to its members.

Provision of accommodation by the Secretary of State

168     

Use of accommodation: provision of pharmaceutical services and local

pharmaceutical services

If the Secretary of State considers that any accommodation provided by him by

20

virtue of this Act is suitable for use in connection with the provision of

pharmaceutical services or local pharmaceutical services, he may make the

accommodation available on such terms as he considers appropriate to persons

providing those services.

Part 8

25

Family Health Services Appeal Authority

169     

FHSAA

(1)   

There continues to be a body known as the Family Health Services Appeal

Authority (“FHSAA”).

(2)   

The FHSAA has such functions as are conferred on it by this Act or by any

30

other enactment.

(3)   

The Secretary of State may direct the FHSAA to exercise any of his functions

relating to the determination of appeals to him which are specified in the

directions.

(4)   

The Secretary of State may make available to the FHSAA any facilities

35

provided by him or by an NHS trust or Special Health Authority for any

service under this Act, and the services of persons employed by the Secretary

of State or by an NHS trust or Special Health Authority.

(5)   

Schedule 13 makes further provision about the FHSAA.

 
 

National Health Service Bill [HL]
Part 9 — Charging

101

 

170     

FHSAA: financial provisions

(1)   

The Secretary of State may make such payments in respect of expenses

incurred by the FHSAA as he may determine.

(2)   

The Secretary of State may pay to the members of the FHSAA—

(a)   

such remuneration, and

5

(b)   

such travelling and other allowances, including compensation for loss

of remunerative time,

   

as he may determine.

(3)   

Payments under this section are subject to such conditions as to records,

certificates, or otherwise as the Secretary of State may determine.

10

171     

Conditions of use of services of persons under section 169

(1)   

Subsections (1) to (3) of section 81 (conditions of supply under section 80) apply

in relation to the services of persons employed by a Special Health Authority

and made available under section 169(4) as they apply in relation to the

services of officers of Special Health Authorities to be made available under

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section 80 (supply of goods and services by the Secretary of State).

(2)   

For the purposes of section 169(4)—

(a)   

the Secretary of State may give directions to an NHS trust requiring it

to make facilities or the services of persons available as mentioned

there, but

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(b)   

subsections (1) and (2) of section 81 apply in relation to the services of

such persons as they apply in relation to the services of officers to be

made available by virtue of section 80.

Part 9

Charging

25

Power to charge generally

172     

Charges for drugs, medicines or appliances, or pharmaceutical services

(1)   

Regulations may provide for the making and recovery in such manner as may

be prescribed of such charges as may be prescribed in respect of—

(a)   

the supply under this Act (otherwise than under Chapter 1 of Part 7) of

30

drugs, medicines or appliances (including the replacement and repair

of those appliances), and

(b)   

such of the pharmaceutical services referred to in that Chapter as may

be prescribed.

(2)   

Regulations under this section may in particular make provision in relation to

35

the supply of contraceptive substances and appliances under paragraph 8 of

Schedule 1.

(3)   

This section does not apply in relation to the provision of any relevant dental

service (within the meaning of section 176).

 
 

National Health Service Bill [HL]
Part 9 — Charging

102

 

173     

Exemptions from general charging

(1)   

No charge may be made under regulations under section 172(1) in respect of—

(a)   

the supply of any drug, medicine or appliance for a patient who is

resident in hospital,

(b)   

the supply of any drug or medicine for the treatment of sexually

5

transmitted disease (otherwise than in the provision of primary

medical services or in accordance with a pilot scheme or an LPS

scheme),

(c)   

the supply of any appliance (otherwise than in pursuance of paragraph

8(d) of Schedule 1) for a person who is under 16 years of age or is under

10

19 years of age and receiving qualifying full-time education, or

(d)   

the replacement or repair of any appliance in consequence of a defect in

the appliance as supplied.

(2)   

In subsection (1)(c) “qualifying full-time education” means full-time

instruction at a recognised educational establishment or by other means

15

accepted as comparable by the Secretary of State.

(3)   

For the purposes of subsection (2)—

(a)   

“recognised educational establishment” means an establishment

recognised by the Secretary of State as being, or as comparable to, a

school, college or university, and

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(b)   

regulations may prescribe the circumstances in which a person must, or

must not, be treated as receiving full-time instruction.

174     

Pre-payment certificates

(1)   

Regulations under section 172(1) may provide for the grant, on payment of

such sums as may be prescribed, of a pre-payment certificate.

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(2)   

A pre-payment certificate is a certificate which confers on the person to whom

it is granted exemption from charges otherwise chargeable under the

regulations in respect of drugs, medicines and appliances supplied during

such period as may be prescribed.

(3)   

Different sums may be prescribed in relation to different periods.

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175     

Charges in respect of non-residents

(1)   

Regulations may provide for the making and recovery, in such manner as may

be prescribed, of such charges as the Secretary of State may determine in

respect of the services mentioned in subsection (2).

(2)   

The services are such services as may be prescribed which are—

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(a)   

provided under this Act, and

(b)   

provided in respect of such persons not ordinarily resident in Great

Britain as may be prescribed.

(3)   

Regulations under this section may provide that the charges may be made only

in such cases as may be determined in accordance with the regulations.

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(4)   

The Secretary of State may calculate charges under this section on any basis

that he considers to be the appropriate commercial basis.

 
 

 
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