House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

National Health Service (Wales) Bill [HL]


National Health Service (Wales) Bill [HL]
Part 3 — Local authorities and the NHS

22

 

38      

Supply of goods and services by the Welsh Ministers

(1)   

The Welsh Ministers may supply to—

(a)   

local authorities, and

(b)   

such public bodies or classes of public bodies as the Welsh Ministers

may determine,

5

   

any goods or materials of a kind used in the health service.

(2)   

In subsection (1) “public bodies” includes public bodies in Northern Ireland.

(3)   

The Welsh Ministers may make available to persons falling within subsection

(1)—

(a)   

any facilities provided by them or by a Primary Care Trust for any

10

service under this Act, and

(b)   

the services of persons employed by the Welsh Ministers or by a Local

Health Board, a Primary Care Trust or a Special Health Authority.

(4)   

The Welsh Ministers may carry out maintenance work (including minor

renewals, minor improvements and minor extensions) in connection with any

15

land or building for the maintenance of which a local authority is responsible.

(5)   

The Welsh Ministers may supply or make available to persons—

(a)   

providing general ophthalmic services or pharmaceutical services,

(b)   

providing services under a general medical services contract or a

general dental services contract, or

20

(c)   

providing services in accordance with section 50 arrangements or

section 64 arrangements,

   

such goods, materials or other facilities as may be prescribed.

(6)   

The Welsh Ministers must make available to local authorities—

(a)   

any services (other than the services of any person) or other facilities

25

provided under this Act,

(b)   

the services provided as part of the health service by any person

employed by the Welsh Ministers, a Primary Care Trust, a Special

Health Authority or a Local Health Board, and

(c)   

the services of any medical practitioner, dental practitioner or nurse

30

employed by the Welsh Ministers, a Primary Care Trust, a Special

Health Authority or a Local Health Board otherwise than to provide

services which are part of the health service,

   

so far as is reasonably necessary and practicable to enable local authorities to

discharge their functions relating to social services, education and public

35

health.

(7)   

The Welsh Ministers may arrange to make available to local authorities the

services of persons—

(a)   

providing general ophthalmic services or pharmaceutical services,

(b)   

performing services under a general medical services contract or a

40

general dental services contract,

(c)   

providing services in accordance with section 50 arrangements or

section 64 arrangements,

(d)   

providing Local Health Boards, Primary Care Trusts or Special Health

Authorities with services of a kind provided as part of the health

45

service,

 
 

National Health Service (Wales) Bill [HL]
Part 3 — Local authorities and the NHS

23

 

   

so far as is reasonably necessary and practicable to enable local authorities to

discharge their functions relating to social services, education and public

health.

39      

Conditions of supply under section 38

(1)   

The Welsh Ministers must, before they make available the services of any

5

officer under subsection (3)(b) of section 38, or subsection (6)(b) or (c) of that

section—

(a)   

consult the officer or a body recognised by the Welsh Ministers as

representing the officer, or

(b)   

satisfy themselves that the body who employs the officer has consulted

10

the officer about the matter.

(2)   

The Welsh Ministers may disregard the provisions of subsection (1) in a case

where they—

(a)   

consider it necessary to make the services of an officer available for the

purpose of dealing temporarily with an emergency, and

15

(b)   

have previously consulted a body such as is mentioned in subsection

(1)(b) about making services available in an emergency.

(3)   

The Welsh Ministers may, for the purposes of subsection (3)(b) of section 38, or

subsection (6)(b) or (c) of that section, give such directions to Primary Care

Trusts, Special Health Authorities and Local Health Boards to make the

20

services of their officers available as the Welsh Ministers consider appropriate.

(4)   

Powers under this section and section 38 may be exercised on such terms as

may be agreed, including terms as to the making of payments to the Welsh

Ministers.

(5)   

The Welsh Ministers may make such charges in respect of services or facilities

25

provided under section 38(6) as may be agreed between the Welsh Ministers

and the local authority or, in default of agreement, as may be determined by

arbitration.

(6)   

Any power to supply goods or materials under section 38 includes—

(a)   

a power to purchase and store them, and

30

(b)   

a power to arrange with third parties for the supply of goods or

materials by those third parties.

40      

Health and well-being strategies in Wales

(1)   

Each local authority in Wales, and each Local Health Board any part of whose

area lies within the area of the local authority, must jointly formulate and

35

implement a strategy for the health and well-being of members of the public in

the local authority’s area (a “health and well-being strategy”).

(2)   

The local authority and the Local Health Board (or Boards) responsible for a

health and well-being strategy are referred to in this section as the “responsible

bodies”.

40

(3)   

The responsible bodies must have regard to their strategy in the exercise of

their functions.

(4)   

Each strategy must be formulated in relation to a period of time specified in

regulations.

 
 

National Health Service (Wales) Bill [HL]
Part 4 — Medical services

24

 

(5)   

The Welsh Ministers may by regulations make further provision about health

and well-being strategies.

(6)   

The regulations may, in particular, make provision as to—

(a)   

the imposition of a duty on the responsible bodies to co-operate in

formulating their strategy with prescribed persons or descriptions of

5

person (including, for example, NHS trusts, Community Health

Councils, voluntary bodies, and local businesses),

(b)   

steps which the responsible bodies must take before formulating the

strategy,

(c)   

matters which the strategy must address,

10

(d)   

publication of the strategy,

(e)   

monitoring and review by the responsible bodies of the strategy and

its implementation,

(f)   

the production of information and reports by the responsible bodies

in relation to the strategy,

15

(g)   

the avoidance of duplication in the preparation of health and well-

being strategies and other prescribed strategies or plans provided for

under any other enactment.

(7)   

The Welsh Ministers may—

(a)   

give directions to local authorities in Wales, Local Health Boards and

20

NHS trusts in connection with health and well-being strategies,

(b)   

issue guidance to responsible bodies in connection with them.

(8)   

The power to give directions under subsection (7)(a) does not affect any other

power to give directions.

(9)   

In this section—

25

“local authority” means a county council or county borough council,

“NHS trust” means an NHS trust all or most of whose hospitals,

establishments and facilities are situated in Wales.

Part 4

Medical services

30

Duty of Local Health Boards in relation to primary medical services

41      

Primary medical services

(1)   

Each Local Health Board must, to the extent that it considers necessary to meet

all reasonable requirements, exercise its powers so as to provide primary

medical services within its area, or secure their provision within its area.

35

(2)   

A Local Health Board may (in addition to any other power conferred on it)—

(a)   

provide primary medical services itself (whether within or outside its

area),

(b)   

make such arrangements for their provision (whether within or outside

its area) as it considers appropriate, and may in particular make

40

contractual arrangements with any person.

 
 

National Health Service (Wales) Bill [HL]
Part 4 — Medical services

25

 

(3)   

Each Local Health Board must publish information about such matters as may

be prescribed in relation to the primary medical services provided under this

Act.

(4)   

Each Local Health Board must co-operate with each other Local Health Board

and each Primary Care Trust in the discharge of their respective functions

5

relating to the provision of primary medical services under this Act and the

National Health Service Act 2006 (c. 00).

(5)   

Regulations may provide that services of a prescribed description must, or

must not, be regarded as primary medical services for the purposes of this Act.

(6)   

Regulations under this section may in particular describe services by reference

10

to the manner or circumstances in which they are provided.

General medical services contracts

42      

General medical services contracts: introductory

(1)   

A Local Health Board may enter into a contract under which primary medical

services are provided in accordance with the following provisions of this Part.

15

(2)   

A contract under this section is called in this Act a “general medical services

contract”.

(3)   

A general medical services contract may make such provision as may be

agreed between the Local Health Board and the contractor or contractors in

relation to—

20

(a)   

the services to be provided under the contract,

(b)   

remuneration under the contract, and

(c)   

any other matters.

(4)   

The services to be provided under a general medical services contract may

include—

25

(a)   

services which are not primary medical services,

(b)   

services to be provided outside the area of the Local Health Board.

(5)   

In this Part, “contractor”, in relation to a general medical services contract,

means any person entering into the contract with the Local Health Board.

43      

Requirement to provide certain primary medical services

30

(1)   

A general medical services contract must require the contractor or contractors

to provide, for his or their patients, primary medical services of such

descriptions as may be prescribed.

(2)   

Regulations under subsection (1) may in particular describe services by

reference to the manner or circumstances in which they are provided.

35

44      

Persons eligible to enter into GMS contracts

(1)   

A Local Health Board may, subject to such conditions as may be prescribed,

enter into a general medical services contract with—

(a)   

a medical practitioner,

(b)   

two or more individuals practising in partnership where the conditions

40

in subsection (2) are satisfied, or

 
 

National Health Service (Wales) Bill [HL]
Part 4 — Medical services

26

 

(c)   

a company limited by shares where the conditions in subsection (3) are

satisfied.

(2)   

The conditions referred to in subsection (1)(b) are that—

(a)   

at least one partner is a medical practitioner, and

(b)   

any partner who is not a medical practitioner is either—

5

(i)   

an NHS employee,

(ii)   

a section 50 employee, section 64 employee, section 92

employee, section 107 employee, section 17C employee or

Article 15B employee,

(iii)   

a health care professional who is engaged in the provision of

10

services under this Act or the National Health Service Act 2006

(c. 00),or

(iv)   

an individual falling within section 51(1)(d).

(3)   

The conditions referred to in subsection (1)(c) are that—

(a)   

at least one share in the company is legally and beneficially owned by

15

a medical practitioner, and

(b)   

any share which is not so owned is legally and beneficially owned by a

person referred to in subsection (2)(b).

(4)   

Regulations may make provision as to the effect, in relation to a general

medical services contract entered into by individuals practising in partnership,

20

of a change in the membership of the partnership.

(5)   

In this section—

“health care professional”, “NHS employee”, “section 50 employee”,

“section 64 employee”, “section 92 employee”, “section 107 employee”,

“section 17C employee” and “Article 15B employee” have the meaning

25

given by section 51.

45      

GMS contracts: payments

(1)   

The Welsh Ministers may give directions as to payments to be made under

general medical services contracts.

(2)   

A general medical services contract must require payments to be made under

30

the contract in accordance with directions under this section.

(3)   

Directions under subsection (1) may in particular—

(a)   

provide for payments to be made by reference to compliance with

standards or the achievement of levels of performance,

(b)   

provide for payments to be made by reference to—

35

(i)   

any scheme or scale specified in the direction, or

(ii)   

a determination made by any person in accordance with factors

specified in the direction,

(c)   

provide for the making of payments in respect of individual

practitioners,

40

(d)   

provide that the whole or any part of a payment is subject to conditions

(and may provide that payments are payable by a Local Health Board

only if it is satisfied as to certain conditions),

(e)   

make provision having effect from a date before the date of the

direction, provided that, having regard to the direction as a whole, the

45

 
 

National Health Service (Wales) Bill [HL]
Part 4 — Medical services

27

 

provision is not detrimental to the persons to whose remuneration it

relates.

(4)   

Before giving a direction under subsection (1), the Welsh Ministers—

(a)   

must consult any body appearing to them to be representative of

persons to whose remuneration the direction would relate, and

5

(b)   

may consult such other persons as they consider appropriate.

(5)   

“Payments” includes fees, allowances, reimbursements, loans and repayments.

46      

GMS contracts: prescription of drugs, etc

(1)   

A general medical services contract must contain provision requiring the

contractor or contractors to comply with any directions given by the Welsh

10

Ministers for the purposes of this section as to the drugs, medicines or other

substances which may or may not be ordered for patients in the provision of

medical services under the contract.

(2)   

A direction under this section must, subject to subsection (3), be given by

regulations.

15

(3)   

A direction under this section may be given by an instrument in writing where

it gives effect to a request made in writing to the Welsh Ministers by a person

who is a holder of a Community marketing authorization or United Kingdom

marketing authorisation in respect of the drug, medicine or other substance to

which the request relates.

20

(4)   

“Community marketing authorization” and “United Kingdom marketing

authorisation” have the meaning given by regulation 1 of the Medicines for

Human Use (Marketing Authorisations Etc.) Regulations 1994 (S.I. 1994/

3144).

47      

GMS contracts: other required terms

25

(1)   

A general medical services contract must contain such provision as may be

prescribed (in addition to the provision required by the preceding provisions

of this Part).

(2)   

Regulations under subsection (1) may in particular make provision as to—

(a)   

the manner in which, and standards to which, services must be

30

provided,

(b)   

the persons who perform services,

(c)   

the persons to whom services will be provided,

(d)   

the variation of contract terms (other than terms required by or under

this Part),

35

(e)   

rights of entry and inspection (including inspection of clinical records

and other documents),

(f)   

the circumstances in which, and the manner in which, the contract may

be terminated,

(g)   

enforcement,

40

(h)   

the adjudication of disputes.

(3)   

Regulations making provision under subsection (2)(c) may make provision as

to the circumstances in which a contractor or contractors—

 
 

National Health Service (Wales) Bill [HL]
Part 4 — Medical services

28

 

(a)   

must or may accept a person as a patient to whom services are provided

under the contract,

(b)   

may decline to accept a person as such a patient, or

(c)   

may terminate his or their responsibility for a patient.

(4)   

Regulations under subsection (2)(d) may—

5

(a)   

make provision as to the circumstances in which a Local Health Board

may impose a variation of contract terms,

(b)   

make provision as to the suspension or termination of any duty under

the contract to provide services of a prescribed description.

(5)   

Regulations making provision of the kind described in subsection (4)(b) may

10

prescribe services by reference to the manner or circumstances in which they

are provided.

(6)   

Regulations under subsection (1) must make provision as to the right of

patients to choose the persons from whom they receive services.

48      

GMS contracts: disputes and enforcement

15

(1)   

Regulations may make provision for the resolution of disputes as to the terms

of a proposed general medical services contract.

(2)   

Regulations under subsection (1) may make provision—

(a)   

for the referral of the terms of the proposed contract to the Welsh

Ministers, and

20

(b)   

for the Welsh Ministers, or a person appointed by them, to determine

the terms on which the contract may be entered into.

(3)   

Regulations may make provision for a person or persons entering into a

general medical services contract to be regarded as a health service body for

any purposes of section 7, in circumstances where he or they so elect.

25

(4)   

Regulations under subsection (3) may include provision as to the application

of section 7 in cases where—

(a)   

persons practising in partnership elect to become a health service body,

and

(b)   

there is a change in the membership of the partnership.

30

(5)   

Where—

(a)   

by virtue of regulations under subsection (3), section 7(11) applies in

relation to a general medical services contract, and

(b)   

a direction as to payments is made under that subsection in relation to

the contract,

35

   

the direction is enforceable in a county court (if the court so orders) as if it were

a judgment or order of that court.

Performance of primary medical services

49      

Persons performing primary medical services

(1)   

Regulations may provide that a health care professional of a prescribed

40

description may not perform any primary medical service for which a Local

Health Board is responsible unless he is included in a list maintained under the

regulations by a Local Health Board.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 12 October 2006