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Local Pharmaceutical Committees |
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167 | Local Pharmaceutical Committees |
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(1) | A Primary Care Trust may recognise a committee formed for its area, or for its |
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area and that of one or more other Primary Care Trusts, which it is satisfied is |
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(a) | the persons providing pharmaceutical services from premises in the |
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area for which the committee is formed (“pharmaceutical services |
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(b) | pharmaceutical services providers and the persons to whom |
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subsections (2) and (3) apply, |
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(c) | pharmaceutical services providers and the persons to whom subsection |
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(d) | pharmaceutical services providers and the persons to whom subsection |
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(2) | This subsection applies to each person who— |
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(a) | is providing local pharmaceutical services in the Primary Care Trust’s |
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area under an LPS scheme made (whether with himself or another |
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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 |
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the committee (and has not notified it that he wishes to cease to be so |
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(3) | This subsection applies to each person who— |
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(a) | is providing local pharmaceutical services in the Primary Care Trust’s |
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area under a pilot scheme made (whether with himself or another |
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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 |
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the committee (and has not notified it that he wishes to cease to be so |
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(4) | A committee recognised under this section is called the Local Pharmaceutical |
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Committee for the area for which it is formed. |
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(5) | Any such committee may delegate any of its functions, with or without |
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restrictions or conditions, to sub-committees composed of members of that |
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(6) | Regulations may require a Primary Care Trust, in the exercise of functions |
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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 |
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extent as may be prescribed. |
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(7) | Subsection (6) does not affect any other power to require a Primary Care Trust |
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to consult committees recognised by it under this section. |
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(8) | A committee recognised under this section has such other functions as may be |
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(9) | A Primary Care Trust may, on the request of any committee recognised by it |
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under this section, allot to that committee such sums for defraying the |
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committee’s administrative expenses (other than any determined under |
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subsection (12)) as may be determined by the Primary Care Trust. |
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(10) | Any sums so allotted must be out of the moneys available to the Primary Care |
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Trust for the remuneration of persons of whom the committee is representative |
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(11) | The amount of any such sums must be deducted from the remuneration of |
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those persons in such manner as may be determined by the Primary Care |
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(12) | A committee recognised under subsection (1)(b), (c) or (d) must, in respect of |
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each year, determine the amount of its administrative expenses for that year |
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attributable to the persons of whom it is representative under subsection (2) or |
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(13) | The committee must apportion the amount determined under subsection (12) |
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among the persons of whom it is representative under subsection (2) or (3), and |
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each such person must pay in accordance with the committee’s directions the |
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amount so apportioned to him. |
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(14) | The administrative expenses of a committee include the travelling and |
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subsistence allowances payable to its members. |
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Provision of accommodation by the Secretary of State |
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168 | Use of accommodation: provision of pharmaceutical services and local |
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If the Secretary of State considers that any accommodation provided by him by |
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virtue of this Act is suitable for use in connection with the provision of |
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pharmaceutical services or local pharmaceutical services, he may make the |
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accommodation available on such terms as he considers appropriate to persons |
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providing those services. |
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Family Health Services Appeal Authority |
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(1) | There continues to be a body known as the Family Health Services Appeal |
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(2) | The FHSAA has such functions as are conferred on it by this Act or by any |
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(3) | The Secretary of State may direct the FHSAA to exercise any of his functions |
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relating to the determination of appeals to him which are specified in the |
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(4) | The Secretary of State may make available to the FHSAA any facilities |
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provided by him or by an NHS trust or Special Health Authority for any |
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service under this Act, and the services of persons employed by the Secretary |
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of State or by an NHS trust or Special Health Authority. |
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(5) | Schedule 13 makes further provision about the FHSAA. |
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170 | FHSAA: financial provisions |
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(1) | The Secretary of State may make such payments in respect of expenses |
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incurred by the FHSAA as he may determine. |
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(2) | The Secretary of State may pay to the members of the FHSAA— |
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(a) | such remuneration, and |
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(b) | such travelling and other allowances, including compensation for loss |
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(3) | Payments under this section are subject to such conditions as to records, |
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certificates, or otherwise as the Secretary of State may determine. |
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171 | Conditions of use of services of persons under section 169 |
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(1) | Subsections (1) to (3) of section 81 (conditions of supply under section 80) apply |
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in relation to the services of persons employed by a Special Health Authority |
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and made available under section 169(4) as they apply in relation to the |
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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). |
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(2) | For the purposes of section 169(4)— |
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(a) | the Secretary of State may give directions to an NHS trust requiring it |
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to make facilities or the services of persons available as mentioned |
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(b) | subsections (1) and (2) of section 81 apply in relation to the services of |
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such persons as they apply in relation to the services of officers to be |
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made available by virtue of section 80. |
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Power to charge generally |
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172 | Charges for drugs, medicines or appliances, or pharmaceutical services |
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(1) | Regulations may provide for the making and recovery in such manner as may |
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be prescribed of such charges as may be prescribed in respect of— |
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(a) | the supply under this Act (otherwise than under Chapter 1 of Part 7) of |
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drugs, medicines or appliances (including the replacement and repair |
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of those appliances), and |
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(b) | such of the pharmaceutical services referred to in that Chapter as may |
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(2) | Regulations under this section may in particular make provision in relation to |
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the supply of contraceptive substances and appliances under paragraph 8 of |
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(3) | This section does not apply in relation to the provision of any relevant dental |
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service (within the meaning of section 176). |
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173 | Exemptions from general charging |
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(1) | No charge may be made under regulations under section 172(1) in respect of— |
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(a) | the supply of any drug, medicine or appliance for a patient who is |
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(b) | the supply of any drug or medicine for the treatment of sexually |
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transmitted disease (otherwise than in the provision of primary |
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medical services or in accordance with a pilot scheme or an LPS |
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(c) | the supply of any appliance (otherwise than in pursuance of paragraph |
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8(d) of Schedule 1) for a person who is under 16 years of age or is under |
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19 years of age and receiving qualifying full-time education, or |
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(d) | the replacement or repair of any appliance in consequence of a defect in |
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the appliance as supplied. |
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(2) | In subsection (1)(c) “qualifying full-time education” means full-time |
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instruction at a recognised educational establishment or by other means |
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accepted as comparable by the Secretary of State. |
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(3) | For the purposes of subsection (2)— |
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(a) | “recognised educational establishment” means an establishment |
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recognised by the Secretary of State as being, or as comparable to, a |
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school, college or university, and |
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(b) | regulations may prescribe the circumstances in which a person must, or |
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must not, be treated as receiving full-time instruction. |
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174 | Pre-payment certificates |
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(1) | Regulations under section 172(1) may provide for the grant, on payment of |
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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 |
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it is granted exemption from charges otherwise chargeable under the |
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regulations in respect of drugs, medicines and appliances supplied during |
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such period as may be prescribed. |
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(3) | Different sums may be prescribed in relation to different periods. |
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175 | Charges in respect of non-residents |
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(1) | Regulations may provide for the making and recovery, in such manner as may |
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be prescribed, of such charges as the Secretary of State may determine in |
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respect of the services mentioned in subsection (2). |
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(2) | The services are such services as may be prescribed which are— |
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(a) | provided under this Act, and |
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(b) | provided in respect of such persons not ordinarily resident in Great |
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Britain as may be prescribed. |
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(3) | Regulations under this section may provide that the charges may be made only |
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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 |
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that he considers to be the appropriate commercial basis. |
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