|
| |
| |
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 |
| |
| 5 |
(a) | the persons providing pharmaceutical services from premises in the |
| |
area for which the committee is formed (“pharmaceutical services |
| |
| |
(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 |
| |
| |
(d) | pharmaceutical services providers and the persons to whom subsection |
| |
| |
(2) | This subsection applies to each person who— |
| 15 |
(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 |
| |
(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 |
| 25 |
(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 |
| |
| |
(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 |
| |
| |
(6) | Regulations may require a Primary Care Trust, in the exercise of functions |
| |
relating to pharmaceutical services or local pharmaceutical services, to consult |
| 35 |
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 |
| |
(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. |
| 45 |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 10 |
(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 |
| |
| |
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. |
| |
| 25 |
Family Health Services Appeal Authority |
| |
| |
(1) | There continues to be a body known as the Family Health Services Appeal |
| |
| |
(2) | The FHSAA has such functions as are conferred on it by this Act or by any |
| 30 |
| |
(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 |
| |
| |
(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. |
| |
| |
| |
|
| |
| |
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 |
| |
| |
| |
(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 |
| 15 |
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 |
| |
| 20 |
(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. |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
(3) | This section does not apply in relation to the provision of any relevant dental |
| |
service (within the meaning of section 176). |
| |
| |
| |
|
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| 20 |
(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. |
| 25 |
(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. |
| 30 |
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— |
| 35 |
(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. |
| 40 |
(4) | The Secretary of State may calculate charges under this section on any basis |
| |
that he considers to be the appropriate commercial basis. |
| |
| |
| |
|
