National Health Service (Wales) Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

National Health Service (Wales) Bill [HL]

National Health Service (Wales) Bill [HL]
Part 7 — Pharmaceutical services and local pharmaceutical services
Chapter 4 — Local pharmaceutical services: application of enactments
67

100
Premises from which piloted services may be provided
The Welsh Ministers may by regulations—
(a)
prevent (except in such circumstances and to such extent as may be
prescribed) the provision of both piloted services and pharmaceutical
services from the same premises,
5
(b)
make provision with respect to the inclusion, removal, re-inclusion
or modification of an entry in respect of premises in a pharmaceutical
list.
101
Control of entry regulations
The power to make regulations under section 83 includes power to prescribe
10
the extent to which the provision of piloted services must be taken into account
in determining whether to grant an application for inclusion in a
pharmaceutical list.
Chapter 3
Local pharmaceutical services: LPS schemes
15
102
Local pharmaceutical services schemes
Schedule 7 makes provision with respect to the provision of local
pharmaceutical services in accordance with schemes made by Local Health
Boards.
Chapter 4
20
Local pharmaceutical services: application of enactments
103
Application of enactments
(1)
The Welsh Ministers may by regulations make, in relation to local
pharmaceutical services arrangements or persons providing or assisting in the
provision of services under such arrangements, provision corresponding
25
(whether or not exactly) to enactments containing provision relating to—
(a)
section 50 arrangements or section 64 arrangements, or
(b)
persons who provide or perform services under section 50 or section 64.
(2)
The regulations may, in particular, provide for the application of any such
enactment with such modifications, if any, as the Welsh Ministers consider
30
appropriate.
(3)
The provision which may be made under this section includes provision
amending, repealing or revoking enactments.
(4)
“Local pharmaceutical services arrangements” means arrangements made
under an LPS scheme or a pilot scheme.
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National Health Service (Wales) Bill [HL]
Part 8 — Qualifications to practice
Chapter 1 — Conditional inclusion and supplementary lists
68

Part 8
Qualifications to practice
Chapter 1
Conditional inclusion and supplementary lists
104
Conditional inclusion in ophthalmic and pharmaceutical lists
5
(1)
Regulations may provide—
(a)
that if a person is included in an ophthalmic list or a pharmaceutical list
he is subject, while he remains included in the list, to conditions
determined by the Local Health Board in whose list he is included,
(b)
for the Local Health Board to vary that person’s terms of service for the
10
purpose of or in connection with the imposition of any such conditions,
(c)
for the Local Health Board to vary the conditions or impose different
ones,
(d)
for the consequences of failing to comply with a condition (including
removal from the list), and
15
(e)
for the review by the Local Health Board of any decision made by virtue
of the regulations.
(2)
The imposition of conditions must be with a view to—
(a)
preventing any prejudice to the efficiency of the services in question, or
(b)
preventing any acts or omissions within section 107(3)(a).
20
(3)
If regulations provide for a practitioner’s removal from the list for breach of
condition—
(a)
the regulations may provide that he may not withdraw from the list
while the Local Health Board is investigating whether there are
grounds for exercising their power to remove him, or after the Local
25
Health Board has decided to remove him but before it has given effect
to that decision, and
(b)
the regulations must include provision—
(i)
requiring the practitioner to be given notice of any allegation
against him,
30
(ii)
giving him the opportunity of putting his case at a hearing
before the Local Health Board makes any decision as to his
removal from the list, and
(iii)
requiring him to be given notice of the decision of the Local
Health Board and the reasons for it and of his right of appeal
35
under subsection (4).
(4)
If regulations provide as mentioned in subsection (1), they must also provide
for an appeal by the person in question to the FHSAA against the decision of
the Local Health Board—
(a)
to impose conditions, or any particular condition,
40
(b)
to vary a condition,
(c)
to vary his terms of service,
(d)
on any review of an earlier such decision of the Local Health Board,
(e)
to remove him from the list for breach of condition,

National Health Service (Wales) Bill [HL]
Part 8 — Qualifications to practice
Chapter 1 — Conditional inclusion and supplementary lists
69


and the appeal must be by way of redetermination of the decision of the Local
Health Board.
(5)
The regulations may provide for any such decision not to have effect until the
determination by the FHSAA of any appeal against it, and must so provide in
relation to a decision referred to in subsection (4)(e).
5
(6)
Regulations under this section may provide for the disclosure by a Local
Health Board, to prescribed persons or persons of prescribed descriptions, of
information of a prescribed description—
(a)
about persons whose inclusion in an ophthalmic or pharmaceutical list
is subject to conditions imposed under this section, and
10
(b)
about the removal of such persons from such a list for breach of
condition.
(7)
In this Part, “terms of service” means the terms upon which, by virtue of
regulations, a person undertakes to provide pharmaceutical services.
105
Supplementary lists
15
(1)
The Welsh Ministers may make regulations providing for the preparation and
publication by each Local Health Board of one or more lists of persons
approved by the Local Health Board for the purpose of assisting in the
provision of general ophthalmic services and pharmaceutical services.
(2)
Such a list is referred to in this section, section 106 and section 115 as a
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“supplementary list”.
(3)
The regulations may, in particular, include provision as to—
(a)
the Local Health Board to which an application for inclusion in a
supplementary list must be made,
(b)
the procedure for applying for inclusion, including any information
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to be supplied to the Local Health Board (whether by the applicant or
by arrangement with him),
(c)
grounds on which the Local Health Board may, or must, refuse a
person’s application for inclusion in a supplementary list (including his
unsuitability for inclusion in such a list), or on which it may defer its
30
decision on the application,
(d)
requirements with which a person included in a supplementary list
must comply (including the declaration of financial interests and of
gifts and other benefits),
(e)
grounds on which a Local Health Board may, or must, suspend or
35
remove a person from a supplementary list, the procedure for doing so,
and the consequences of doing so,
(f)
payments to or in respect of persons who are suspended from a
supplementary list (including provision for the amount of the
payments, or the method of calculating the amount, to be determined
40
by the Welsh Ministers or by another person appointed for the purpose
by the Welsh Ministers),
(g)
the supply to the Local Health Board by an applicant for inclusion in a
supplementary list, or by a person included in one, of a criminal
conviction certificate under section 112 of the Police Act 1997 (c. 50), a
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criminal record certificate under section 113 of that Act or an enhanced
criminal record certificate under section 115 of that Act,

National Health Service (Wales) Bill [HL]
Part 8 — Qualifications to practice
Chapter 1 — Conditional inclusion and supplementary lists
70

(h)
circumstances in which a person included in a supplementary list may
not withdraw from it,
(i)
criteria to be applied in making decisions under the regulations,
(j)
appeals against decisions of Local Health Boards under the regulations,
(k)
the disclosure by a Local Health Board, to prescribed persons or
5
persons of prescribed descriptions, of information of a prescribed
description about applicants for inclusion in a supplementary list,
refusals of such applications, and suspensions and removals from that
list.
(4)
The regulations may, in particular, also provide for—
10
(a)
a person’s inclusion in a supplementary list to be subject to
conditions determined by the Local Health Board,
(b)
the Local Health Board to vary the conditions or impose different ones,
(c)
the consequences of failing to comply with a condition (including
removal from the list), and
15
(d)
the review by the Local Health Board of its decisions made by virtue of
regulations under this subsection.
(5)
The imposition of such conditions must be with a view to—
(a)
preventing any prejudice to the efficiency of the services to which the
supplementary list relates, or
20
(b)
preventing any acts or omissions of the type described in section
107(3)(a).
(6)
Regulations made by virtue of subsection (3)(e) may (but need not) make
provision corresponding to anything in sections 107 to 115.
(7)
If the regulations provide under subsection (3)(e) or (4) that a Local Health
25
Board may suspend or remove a person from a supplementary list, they must
include provision—
(a)
requiring him to be given notice of any allegation against him,
(b)
giving him the opportunity of putting his case at a hearing before the
Local Health Board make any decision as to his suspension or removal,
30
and
(c)
requiring him to be given notice of the decision of the Local Health
Board and the reasons for it and of any right of appeal under subsection
(8) or (9).
(8)
If the regulations provide under subsection (3)(c) or (e) that a Local Health
35
Board may refuse a person’s application for inclusion in a supplementary list,
or remove a person from one, the regulations must provide for an appeal (by
way of redetermination) to the FHSAA against the decision of the Local Health
Board.
(9)
If the regulations make provision under subsection (4), they must provide for
40
an appeal (by way of redetermination) by the person in question to the FHSAA
against the decision of the Local Health Board—
(a)
to impose conditions, or any particular condition,
(b)
to vary a condition,
(c)
to remove him from the supplementary list for breach of condition,
45
(d)
on any review of an earlier such decision of the Local Health Board.