|
| |
|
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
(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 |
| |
(7) | The Welsh Ministers may arrange to make available to local authorities the |
| |
| |
(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 |
| |
| |
(d) | providing Local Health Boards, Primary Care Trusts or Special Health |
| |
Authorities with services of a kind provided as part of the health |
| 45 |
| |
|
| |
|
| |
|
| so far as is reasonably necessary and practicable to enable local authorities to |
| |
discharge their functions relating to social services, education and public |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 40 |
(3) | The responsible bodies must have regard to their strategy in the exercise of |
| |
| |
(4) | Each strategy must be formulated in relation to a period of time specified in |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| 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. |
| |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 20 |
(a) | the services to be provided under the contract, |
| |
(b) | remuneration under the contract, and |
| |
| |
(4) | The services to be provided under a general medical services contract may |
| |
| 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 |
| |
|
| |
|
| |
|
(c) | a company limited by shares where the conditions in subsection (3) are |
| |
| |
(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 |
| |
(ii) | a section 50 employee, section 64 employee, section 92 |
| |
employee, section 107 employee, section 17C employee or |
| |
| |
(iii) | a health care professional who is engaged in the provision of |
| 10 |
services under this Act or the National Health Service Act 2006 |
| |
| |
(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. |
| |
| |
“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 |
| |
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 |
| |
| 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 |
|
| |
|
| |
|
provision is not detrimental to the persons to whose remuneration it |
| |
| |
(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 |
| |
| 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/ |
| |
| |
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 |
| |
| |
(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 |
| |
(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 |
| |
| 35 |
(e) | rights of entry and inspection (including inspection of clinical records |
| |
| |
(f) | the circumstances in which, and the manner in which, the contract may |
| |
| |
| 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— |
| |
|
| |
|
| |
|
(a) | must or may accept a person as a patient to whom services are provided |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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, |
| |
| |
(b) | there is a change in the membership of the partnership. |
| 30 |
| |
(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 |
| |
| 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. |
| |
|
| |
|