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National Health Service (Wales) Bill [HL]


National Health Service (Wales) Bill [HL]
Part 6 — Ophthalmic services

49

 

(4)   

The instrument mentioned in subsection (3)(b) is called in this section an

“instrument of appointment”.

(5)   

An instrument of appointment—

(a)   

may contain requirements with which a determining authority

appointed by that instrument must comply in making determinations,

5

and

(b)   

may be contained in regulations.

(6)   

Subject to this section and section 77, regulations may make provision about

determining remuneration under this section and may in particular impose

requirements with which determining authorities must comply in making, or

10

in connection with, determinations (including requirements as to consultation

and publication).

(7)   

Regulations may provide that determinations may be made by reference to any

of—

(a)   

rates or conditions of remuneration of any persons or any descriptions

15

of persons which are fixed or determined, or will be fixed or

determined, otherwise than by way of a determination under this

section,

(b)   

scales, indices or other data of any description specified in the

regulations.

20

(8)   

Where regulations provide as mentioned in subsection (7)(b), they may

provide that any determination which falls to be made by reference to a scale,

index or other data may be made by reference to the scale, index or data—

(a)   

in the form current at the time of the determination, and

(b)   

in any subsequent form taking effect after that time.

25

(9)   

Regulations may—

(a)   

provide that determining authorities may make determinations which

have effect in relation to remuneration in respect of a period beginning

on or after a date specified in the determination, which may be the date

of the determination or an earlier or later date, but may be an earlier

30

date only if, taking the determination as a whole, it is not detrimental

to the persons to whose remuneration it relates,

(b)   

provide that any determination which does not specify such a date has

effect in relation to remuneration in respect of a period beginning—

(i)   

if it is required to be published, on the date of publication,

35

(ii)   

if it is not so required, on the date on which it is made.

(10)   

A reference in this section or section 77 to a determination is to a determination

of remuneration under this section.

77      

Section 76: supplementary

(1)   

Before a determination is made by the Welsh Ministers which relates to all

40

persons who provide general ophthalmic services or a category of such

services, they—

(a)   

must consult a body appearing to them to be representative of persons

to whose remuneration the determination would relate, and

(b)   

may consult such other persons as they consider appropriate.

45

 
 

National Health Service (Wales) Bill [HL]
Part 6 — Ophthalmic services

50

 

(2)   

Determinations may make different provision for different cases, including

different provision for any particular case, class of case or area.

(3)   

Determinations may be—

(a)   

made in more than one stage,

(b)   

made by more than one determining authority,

5

(c)   

varied or revoked by subsequent determinations.

(4)   

A determination may be varied—

(a)   

to correct an error, or

(b)   

where it appears to the determining authority that it was made in

ignorance of or under a mistake as to a relevant fact.

10

(5)   

Determinations may, in particular, provide that the whole or any part of the

remuneration—

(a)   

is payable only if the determining authority is satisfied as to certain

conditions, or

(b)   

must be applied for certain purposes or is otherwise subject to certain

15

conditions.

(6)   

Remuneration under section 76 may be determined from time to time and may

consist of payments by way of—

(a)   

salary,

(b)   

fees,

20

(c)   

allowances,

(d)   

reimbursement (in full or in part) of expenses incurred or expected to

be incurred in connection with the provision of the services or

instruction.

(7)   

At the time a determination is made or varied, certain matters which require

25

determining may be reserved to be decided at a later time.

(8)   

The matters which may be reserved include in particular—

(a)   

the amount of remuneration to be paid in particular cases,

(b)   

whether any remuneration is to be paid in particular cases.

(9)   

Any determination may be made only after taking into account all the matters

30

which are considered to be relevant by the determining authority.

(10)   

Such matters may include in particular—

(a)   

the amount or estimated amount of expenses (taking into account any

discounts) incurred in the past or likely to be incurred in the future

(whether or not by persons to whose remuneration the determination

35

will relate) in connection with the provision of general ophthalmic

services or of any category of general ophthalmic services,

(b)   

the amount or estimated amount of any remuneration paid or likely to

be paid to persons providing such services,

(c)   

the amount or estimated amount of any other payments or repayments

40

or other benefits received or likely to be received by any such persons,

(d)   

the extent to which it is desirable to encourage the provision, either

generally or in particular places, of general ophthalmic services or the

category of general ophthalmic services to which the determination

will relate,

45

(e)   

the desirability of promoting general ophthalmic services which are—

(i)   

economic and efficient, and

 
 

National Health Service (Wales) Bill [HL]
Part 6 — Ophthalmic services

51

 

(ii)   

of an appropriate standard.

(11)   

If the determination is of remuneration for a category of general ophthalmic

services, the reference in subsection (10)(a) to a category of general ophthalmic

services is a reference to the same category of general ophthalmic services or to

any other category of general ophthalmic services falling within the same

5

description.

Local Optical Committees

78      

Local Optical Committees

(1)   

A Local Health Board may recognise a committee formed for its area, or for its

area and that of one or more other Local Health Boards, which it is satisfied is

10

representative of the optometrists providing general ophthalmic services in

that area.

(2)   

A committee recognised under this section is called the Local Optical

Committee for the area for which it is formed.

(3)   

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

15

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

committee.

(4)   

Regulations may require a Local Health Board, in the exercise of functions

under this Part, to consult committees recognised by it under this section on

such occasions and to such extent as may be prescribed.

20

(5)   

Subsection (4) does not affect any other power to require a Local Health Board

to consult committees recognised by it under this section.

(6)   

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

prescribed.

(7)   

A Local Health Board may, on the request of any committee recognised by it

25

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

committee’s administrative expenses as may be determined by the Local

Health Board.

(8)   

Any sums so allotted must be out of the moneys available to the Local Health

Board for the remuneration of persons of whom the committee is

30

representative under this section.

(9)   

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

those persons in such manner as may be determined by the Local Health

Board.

(10)   

The administrative expenses of a committee include the travelling and

35

subsistence allowances payable to its members.

Provision of accommodation by the Welsh Ministers

79      

Use of accommodation: provision of general ophthalmic services

If the Welsh Ministers consider that any accommodation provided by them by

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

40

 
 

National Health Service (Wales) Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 1 — Pharmaceutical services

52

 

ophthalmic services, they may make the accommodation available on such

terms as they consider appropriate to persons providing those services.

Part 7

Pharmaceutical services and local pharmaceutical services

Chapter 1

5

Pharmaceutical services

Provision of pharmaceutical services

80      

Arrangements for pharmaceutical services

(1)   

Each Local Health Board must, in accordance with regulations, make the

arrangements mentioned in subsection (3).

10

(2)   

The Welsh Ministers must make regulations for the purpose of subsection (1).

(3)   

The arrangements are arrangements as respects the area of the Local Health

Board for the provision to persons who are in that area of—

(a)   

proper and sufficient drugs and medicines and listed appliances

which are ordered for those persons by a medical practitioner in

15

pursuance of his functions in the health service, the Scottish health

service, the Northern Ireland health service or the armed forces of the

Crown,

(b)   

proper and sufficient drugs and medicines and listed appliances which

are ordered for those persons by a dental practitioner in pursuance of—

20

(i)   

his functions in the health service, the Scottish health service

or the Northern Ireland health service (other than functions

exercised in pursuance of the provision of services mentioned in

paragraph (c)), or

(ii)   

his functions in the armed forces of the Crown,

25

(c)   

listed drugs and medicines and listed appliances which are ordered for

those persons by a dental practitioner in pursuance of the provision of

primary dental services or equivalent services in the Scottish health

service or the Northern Ireland health service,

(d)   

such drugs and medicines and such listed appliances as may be

30

determined by the Welsh Ministers for the purposes of this paragraph

and which are ordered for those persons by a prescribed description of

person in accordance with such conditions, if any, as may be

prescribed, in pursuance of functions in the health service, the Scottish

health service, the Northern Ireland health service or the armed forces

35

of the Crown, and

(e)   

such other services as may be prescribed.

(4)   

The descriptions of persons which may be prescribed for the purposes of

subsection (3)(d) are the following, or any sub-category of such a description—

(a)   

persons who are registered in the register maintained under article 5 of

40

the Health Professions Order 2001,

(b)   

persons who are registered pharmacists,

(c)   

persons who are registered in the dental care professionals register

established under section 36B of the Dentists Act 1984 (c. 24),

 
 

National Health Service (Wales) Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 1 — Pharmaceutical services

53

 

(d)   

persons who are optometrists,

(e)   

persons who are registered osteopaths within the meaning of the

Osteopaths Act 1993 (c. 21),

(f)   

persons who are registered chiropractors within the meaning of the

Chiropractors Act 1994 (c. 17),

5

(g)   

persons who are registered nurses or registered midwives,

(h)   

persons not mentioned above who are registered in any register

established, continued or maintained under an Order in Council under

section 60(1) of the Health Act 1999 (c. 8),

(i)   

any other description of persons which appears to the Welsh Ministers

10

to be a description of persons whose profession is regulated by or

under a provision of, or made under, an Act of the Scottish Parliament

or Northern Ireland legislation and which the Welsh Ministers consider

it appropriate to specify.

(5)   

A determination under subsection (3)(d) may—

15

(a)   

make different provision for different cases,

(b)   

provide for the circumstances or cases in which a drug, medicine or

appliance may be ordered,

(c)   

provide that persons falling within a description specified in the

determination may exercise discretion in accordance with any

20

provision made by the determination in ordering drugs, medicines and

listed appliances.

(6)   

The arrangements which may be made by a Local Health Board under

subsection (1) include arrangements for the provision of a service by means

such that the person receiving it does so otherwise than at the premises from

25

which it is provided.

(7)   

Where a person with whom a Local Health Board makes arrangements under

subsection (1) wishes to provide services to persons outside the area of the

Local Health Board he may, subject to any provision made by regulations in

respect of arrangements under this section, provide such services under the

30

arrangements.

(8)   

The services provided under this section are, together with additional

pharmaceutical services provided in accordance with a direction under section

81, referred to in this Act as “pharmaceutical services”.

(9)   

In this section—

35

“armed forces of the Crown” does not include forces of a Commonwealth

country or forces raised in a colony,

“listed” means included in a list approved by the Welsh Ministers for the

purposes of this section,

“the Scottish health service” means the health service within the meaning

40

of the National Health Service (Scotland) Act 1978 (c. 29), and

“the Northern Ireland health service” means the health service within the

meaning of the Health and Personal Social Services (Northern Ireland)

Order 1972 (S.I. 1972/1265 (N.I.14)).

81      

Arrangements for additional pharmaceutical services

45

(1)   

The Welsh Ministers may—

 
 

National Health Service (Wales) Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 1 — Pharmaceutical services

54

 

(a)   

give directions to a Local Health Board requiring it to arrange for the

provision to persons within or outside its area of additional

pharmaceutical services, or

(b)   

by giving directions to a Local Health Board authorise it to arrange for

such provision if it wishes to do so.

5

(2)   

Directions under this section may require or authorise a Local Health Board to

arrange for the provision of a service by means such that the person receiving

it does so otherwise than at the premises from which it is provided (whether

those premises are inside or outside the area of the Local Health Board).

(3)   

The Welsh Ministers must publish any directions under this section in the

10

Drug Tariff or in such other manner as they consider appropriate.

(4)   

In this section—

”additional pharmaceutical services”, in relation to directions, means the

services (of a kind that do not fall within section 80) which are specified

in the directions, and

15

“Drug Tariff” means the Drug Tariff published under regulation 18 of the

National Health Service (Pharmaceutical Services) Regulations 1992

(S.I. 1992/662) or under any corresponding provision replacing, or

otherwise derived from, that regulation.

82      

Terms and conditions, etc

20

(1)   

Directions under section 81 may require the Local Health Board to which they

apply, when making arrangements—

(a)   

to include, in the terms on which the arrangements are made, such

terms as may be specified in the directions,

(b)   

to impose, on any person providing a service in accordance with the

25

arrangements, such conditions as may be so specified.

(2)   

The arrangements must secure that any service to which they apply is

provided only by a person—

(a)   

whose name is included in a pharmaceutical list, or

(b)   

who has entered into a pharmaceutical care services contract under

30

section 17Q of the National Health Service (Scotland) Act 1978 (c. 29).

(3)   

Different arrangements may be made with respect to—

(a)   

the provision of the same service by the same person but in different

circumstances, or

(b)   

the provision of the same service by different persons.

35

(4)   

A Local Health Board must provide details of proposed arrangements

(including the remuneration to be offered for the provision of services) to any

person who asks for them.

(5)   

After making any arrangements, a Local Health Board must publish, in such

manner as the Welsh Ministers may direct, such details of the arrangements as

40

they may direct.

(6)   

“Pharmaceutical list” includes, subject to any provision of the directions in

question, a list published in accordance with regulations made under—

(a)   

section 129(2)(a) of the National Health Service Act 2006 (c. 00), or

(b)   

Article 63(2A)(a) of the Health and Personal Social Services (Northern

45

Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)).

 
 

 
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