|
| |
|
(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 |
| |
(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 |
| |
| |
(7) | Regulations may provide that determinations may be made by reference to any |
| |
| |
(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 |
| |
| |
(b) | scales, indices or other data of any description specified in the |
| |
| 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 |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
(a) | is payable only if the determining authority is satisfied as to certain |
| |
| |
(b) | must be applied for certain purposes or is otherwise subject to certain |
| 15 |
| |
(6) | Remuneration under section 76 may be determined from time to time and may |
| |
consist of payments by way of— |
| |
| |
| 20 |
| |
(d) | reimbursement (in full or in part) of expenses incurred or expected to |
| |
be incurred in connection with the provision of the services or |
| |
| |
(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 |
| |
| 45 |
(e) | the desirability of promoting general ophthalmic services which are— |
| |
(i) | economic and efficient, and |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
ophthalmic services, they may make the accommodation available on such |
| |
terms as they consider appropriate to persons providing those services. |
| |
| |
Pharmaceutical services and local pharmaceutical services |
| |
| 5 |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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), |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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”. |
| |
| 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— |
| |
|
| |
|
| |
|
(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. |
| |
| |
”additional pharmaceutical services”, in relation to directions, means the |
| |
services (of a kind that do not fall within section 80) which are specified |
| |
| 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 |
| |
| |
(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 |
| |
(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)). |
| |
|
| |
|