National Health Service (Wales) Bill [HL]

House of Commons

Session 2005 - 06
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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)).