|
| |
| |
| |
(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 |
| 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 |
| |
| 25 |
(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 |
| |
| |
(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 |
| |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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. |
| 25 |
| |
Local pharmaceutical services: 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, |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(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. |
| |
| |
“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 |
| |
“piloted services” means services provided under a pilot scheme |
| |
(including any services to which the scheme applies as a result of |
| |
| |
(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). |
| |
| |
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 |
| |
| |
| 30 |
| |
(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. |
| |
| |
| |
|
| |
| |
(3) | “Pharmaceutical list applications” means applications for inclusion in a |
| |
| |
95 | Reviews of pilot schemes |
| |
(1) | At least one review of the operation of each pilot scheme must be conducted by |
| |
| 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 |
| |
| |
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 |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
|
| |
| |
(b) | in the case of an application under subsection (2), the applicants |
| |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
| 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, |
| 35 |
(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 |
| |
| 40 |
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). |
| |
| |
| |
|
