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National Health Service (Wales) Bill [HL]


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

62

 

(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

5

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

10

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

15

will relate) in connection with the provision of pharmaceutical services

or of any category of pharmaceutical 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

20

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 pharmaceutical services or the

category of pharmaceutical services to which the determination will

relate,

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(e)   

the desirability of promoting pharmaceutical services which are—

(i)   

economic and efficient, and

(ii)   

of an appropriate standard.

(11)   

If the determination is of remuneration for a category of pharmaceutical

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

30

services is a reference to the same category of pharmaceutical services or to any

other category of pharmaceutical services falling within the same description.

Local Pharmaceutical Committees

90      

Local Pharmaceutical Committees

(1)   

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

35

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

representative of the persons providing pharmaceutical services from

premises in that area.

(2)   

A committee recognised under this section is called the Local Pharmaceutical

Committee for the area for which it is formed.

40

(3)   

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

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

committee.

 
 

National Health Service (Wales) Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 2 — Local pharmaceutical services: pilot schemes

63

 

(4)   

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

under this Chapter, to consult committees recognised by it under this section

on such occasions and to such extent as may be prescribed.

(5)   

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

to consult committees recognised by it under this section.

5

(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

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

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

10

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

representative under this section.

(9)   

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

15

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

subsistence allowances payable to its members.

Provision of accommodation by the Welsh Ministers

20

91      

Use of accommodation: provision of pharmaceutical 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

pharmaceutical services, they may make the accommodation available on such

terms as they consider appropriate to persons providing those services.

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Chapter 2

Local pharmaceutical services: pilot schemes

92      

Pilot schemes

(1)   

Local Health Boards may establish pilot schemes.

(2)   

In this Act, a “pilot scheme” means one or more agreements—

30

(a)   

made by a Local Health Board in accordance with this Chapter,

(b)   

under which local pharmaceutical services will be provided

(otherwise than by the Local Health Board), and

(c)   

the parties to which do not include any other Local Health Board.

(3)   

A pilot scheme may include arrangements—

35

(a)   

for the provision of services, other than general ophthalmic services,

which are not local pharmaceutical services, but which may be

provided under this Act, other than under Part 6 or Chapter 1 of this

Part, and whether or not of the kind usually provided by pharmacies,

 
 

National Health Service (Wales) Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 2 — Local pharmaceutical services: pilot schemes

64

 

(b)   

for the provision of training and education (including training and

education for persons who are, or may become, involved in the

provision of local pharmaceutical services).

(4)   

A pilot scheme may not combine arrangements for the provision of local

pharmaceutical services with arrangements for the provision of primary

5

medical services or primary dental services.

(5)   

In determining the arrangements it needs to make in order to comply with

section 80, a Local Health Board may take into account arrangements under a

pilot scheme made by it.

(6)   

The functions of an NHS trust and an NHS foundation trust include power to

10

provide any services to which a pilot scheme applies.

(7)   

In this Chapter—

“local pharmaceutical services” means such services of a kind which may

be provided under section 80, or by virtue of section 81 (other than

practitioner dispensing services) as may be prescribed for the purposes

15

of this Chapter, and

“piloted services” means services provided under a pilot scheme

(including any services to which the scheme applies as a result of

subsection (3)).

(8)   

“Practitioner dispensing services” means the provision of drugs, medicines or

20

listed appliances (within the meaning given by section 80) by a medical

practitioner or dental practitioner to a patient of his pursuant to arrangements

made by virtue of section 86(1).

93      

Making pilot schemes

Schedule 6 makes provision with respect to making pilot schemes, including

25

provision with respect to the procedure to be followed.

94      

Designation of priority neighbourhoods or premises

(1)   

The Welsh Ministers may make regulations allowing a Local Health Board to

designate—

(a)   

neighbourhoods,

30

(b)   

premises, or

(c)   

descriptions of premises,

   

for the purposes of this section.

(2)   

The regulations may, in particular, make provision—

(a)   

as to the circumstances in which, and the neighbourhoods or premises

35

in relation to which, designations may be made or maintained,

(b)   

allowing a Local Health Board to defer consideration of pharmaceutical

list applications relating to neighbourhoods, premises or descriptions

of premises that have been designated,

(c)   

allowing a designation to be cancelled in prescribed circumstances,

40

(d)   

requiring a designation to be cancelled—

(i)   

if the Welsh Ministers give a direction to that effect, or

(ii)   

in prescribed circumstances.

 
 

National Health Service (Wales) Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 2 — Local pharmaceutical services: pilot schemes

65

 

(3)   

“Pharmaceutical list applications” means applications for inclusion in a

pharmaceutical list.

95      

Reviews of pilot schemes

(1)   

At least one review of the operation of each pilot scheme must be conducted by

the Welsh Ministers.

5

(2)   

Each pilot scheme must be reviewed under this section before the end of the

period of three years beginning with the date on which piloted services are first

provided under the scheme.

(3)   

When conducting a review of a pilot scheme, the Welsh Ministers must give—

(a)   

the Local Health Board concerned, and

10

(b)   

any person providing services under the scheme,

   

an opportunity to comment on any matter relevant to the review.

(4)   

Otherwise, the procedure on any review must be determined by the Welsh

Ministers.

96      

Variation and termination of pilot schemes

15

(1)   

The Welsh Ministers may give directions authorising Local Health Boards to

vary pilot schemes (otherwise than in response to directions given under

subsection (2)) in such circumstances, and subject to such conditions, as may

be specified in the directions.

(2)   

The Welsh Ministers may by directions require a pilot scheme to be varied by

20

the Local Health Board concerned in accordance with the directions.

(3)   

If satisfied that a pilot scheme is (for any reason) unsatisfactory, the Welsh

Ministers may give directions to the Local Health Board concerned requiring it

to bring the scheme to an end in accordance with the terms of the directions.

97      

NHS contracts and the provision of piloted services

25

(1)   

In the case of a pilot scheme entered into, or to be entered into, by a single

individual or body corporate (other than an NHS foundation trust), that

individual or body may make an application under this section to become a

health service body.

(2)   

In the case of any other pilot scheme, all of those providing, or proposing to

30

provide, piloted services under the scheme may together make an application

under this section to become a single health service body.

(3)   

An application must—

(a)   

be made to the Welsh Ministers in accordance with such provisions as

may be made by regulations, and

35

(b)   

specify the pilot scheme in relation to which it is made.

(4)   

Except in such cases as may be prescribed, the Welsh Ministers may grant an

application.

(5)   

If an application is granted, the Welsh Ministers must specify a date in relation

to that application and, as from that date—

40

(a)   

in the case of an application under subsection (1), the applicant is, and

 
 

National Health Service (Wales) Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 2 — Local pharmaceutical services: pilot schemes

66

 

(b)   

in the case of an application under subsection (2), the applicants

together are,

   

a health service body for the purposes of section 7.

(6)   

That section has effect in relation to such a health service body (“a PHS body”),

acting as commissioner, as if the functions referred to in section 7(1) were the

5

provision of piloted services.

(7)   

Except in such circumstances as may be prescribed, a PHS body resulting from

an application under subsection (2) must be treated, at any time, as consisting

of those who are providing piloted services under the scheme.

(8)   

A direction as to payment made under section 7(11) against, or in favour of, a

10

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

judgment or order of that court.

(9)   

Regulations may provide for a PHS body to cease to be a PHS body in

prescribed circumstances.

(10)   

The Welsh Ministers must—

15

(a)   

maintain and publish a list of PHS bodies,

(b)   

publish a revised copy of the list as soon as is reasonably practicable

after any change is made to it.

(11)   

The list must be published in such manner as the Welsh Ministers consider

appropriate.

20

98      

Funding of preparatory work

(1)   

Provision may be made by regulations for Local Health Boards to make

payments of financial assistance for preparatory work.

(2)   

“Preparatory work” means work which it is reasonable for a person to

undertake—

25

(a)   

in connection with preparing proposals for a pilot scheme, or

(b)   

in preparing for the provision by him of any piloted services.

(3)   

The regulations may, in particular, include provision—

(a)   

prescribing the circumstances in which payments of financial

assistance may be made,

30

(b)   

imposing a limit on the amount of any payment of financial

assistance which a Local Health Board may make in any prescribed

period in respect of any one person or any one pilot scheme,

(c)   

imposing a limit on the aggregate amount which a Local Health Board

may pay by way of financial assistance in any one financial year,

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(d)   

requiring a person to whom assistance is given under this section to

comply with such conditions as may be imposed in accordance with

prescribed requirements, and

(e)   

for repayment in the case of a failure to comply with any condition so

imposed.

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99      

Application of this Act

This Act has effect in relation to piloted services subject to any provision of, or

made under, this Chapter, section 103 (application of enactments) or section

127 (charges for local pharmaceutical services).

 
 

 
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