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 8 — Qualifications to practice
Chapter 3 — Indemnity Cover
78

(2)
A decision in Scotland or Northern Ireland to deal with such a person in such
a way is referred to in this section as a “corresponding decision”.
(3)
If this section applies, the Welsh Ministers may make regulations providing for
the effect to be given in Wales to a corresponding decision.
(4)
That effect need not be the same as the effect of the decision in the place where
5
it was made.
(5)
The regulations may not provide for a corresponding decision to be reviewed
or revoked in Wales.
Chapter 3
Indemnity Cover
10
120
Indemnity cover
(1)
The Secretary of State may make regulations for the purpose of securing that,
in prescribed circumstances, prescribed persons included in a pharmaceutical
list or an ophthalmic list hold approved indemnity cover.
(2)
The regulations may, in particular, make provision as to the consequences of a
15
failure to hold approved indemnity cover, including provision—
(a)
for securing that a person must not be added to a pharmaceutical list or
an ophthalmic list unless he holds approved indemnity cover,
(b)
for the removal from such a list prepared by a Local Health Board of a
person who does not within a prescribed period after the making of a
20
request by the Local Health Board in the prescribed manner satisfy the
Local Health Board that he holds approved indemnity cover.
(3)
For the purposes of this section—
“approved body” means a person or persons approved in relation to
indemnity cover of any description, after such consultation as may be
25
prescribed, by the Secretary of State or by such other person as may be
prescribed,
“approved indemnity cover” means indemnity cover made—
(a)
on prescribed terms, and
(b)
with an approved body,
30
“indemnity cover”, in relation to a person included in a pharmaceutical
list or an ophthalmic list (or a person who proposes to provide
pharmaceutical services or general ophthalmic services), means a
contract of insurance or other arrangement made for the purpose of
indemnifying him, and any person prescribed in relation to him, to any
35
prescribed extent against any liability which—
(a)
arises out of the provision of pharmaceutical services or general
ophthalmic services in accordance with arrangements made by
him with a Local Health Board, and
(b)
is incurred by him or any such person in respect of the death or
40
personal injury of a person,
“personal injury” means any disease or impairment of a person’s physical
or mental condition and includes the prolongation of any disease or
such impairment,

National Health Service (Wales) Bill [HL]
Part 9 — Charging
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and a person holds approved indemnity cover if he has entered into a contract
or arrangement which constitutes approved indemnity cover.
(4)
The regulations may provide that a person of any description who has entered
into a contract or arrangement which is—
(a)
in a form identified in accordance with the regulations in relation to
5
persons of that description, and
(b)
made with a person or persons so identified,

must be treated as holding approved indemnity cover for the purposes of the
regulations.
(5)
Regulations under this section have effect as if made under the National Health
10
Service Act 2006 (c. 00) (and accordingly, section 272 of that Act applies to any
such regulations).
Part 9
Charging
Power to charge generally
15
121
Charges for drugs, medicines or appliances, or pharmaceutical services
(1)
Regulations may provide for the making and recovery in such manner as may
be prescribed of such charges as may be prescribed in respect of—
(a)
the supply under this Act (otherwise than under Part 6 or Chapter 1 of
Part 7) of drugs, medicines or appliances (including the replacement
20
and repair of those appliances), and
(b)
such of the pharmaceutical services referred to in Chapter 1 of Part 7 as
may be prescribed.
(2)
Regulations under this section may in particular make provision in relation to
the supply of contraceptive substances and appliances under paragraph 8 of
25
Schedule 1.
(3)
This section does not apply in relation to the provision of any relevant dental
service (within the meaning of section 125).
122
Exemptions from general charging
(1)
No charge may be made under regulations under section 121(1) in respect of—
30
(a)
the supply of any drug, medicine or appliance for a patient who is
resident in hospital,
(b)
the supply of any drug or medicine for the treatment of sexually
transmitted disease (otherwise than in the provision of primary
medical services),
35
(c)
the supply of any appliance (otherwise than in pursuance of paragraph
8(d) of Schedule 1) for a person who is under 16 years of age or is under
19 years of age and receiving qualifying full-time education, or
(d)
the replacement or repair of any appliance in consequence of a defect in
the appliance as supplied.
40

National Health Service (Wales) Bill [HL]
Part 9 — Charging
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(2)
In subsection (1)(c) “qualifying full-time education” means full-time
instruction at a recognised educational establishment or by other means
accepted as comparable by the Welsh Ministers.
(3)
For the purposes of subsection (2)—
(a)
“recognised educational establishment” means an establishment
5
recognised by the Welsh Ministers as being, or as comparable to, a
school, college or university, and
(b)
regulations may prescribe the circumstances in which a person must, or
must not, be treated as receiving full-time instruction.
123
Pre-payment certificates
10
(1)
Regulations under section 121(1) may provide for the grant, on payment of
such sums as may be prescribed, of a pre-payment certificate.
(2)
A pre-payment certificate is a certificate which confers on the person to whom
it is granted exemption from charges otherwise chargeable under the
regulations in respect of drugs, medicines and appliances supplied during
15
such period as may be prescribed.
(3)
Different sums may be prescribed in relation to different periods.
124
Charges in respect of non-residents
(1)
Regulations may provide for the making and recovery, in such manner as may
be prescribed, of such charges as the Welsh Ministers may determine in respect
20
of the services mentioned in subsection (2).
(2)
The services are such services as may be prescribed which are—
(a)
provided under this Act, and
(b)
provided in respect of such persons not ordinarily resident in Great
Britain as may be prescribed.
25
(3)
Regulations under this section may provide that the charges may be made only
in such cases as may be determined in accordance with the regulations.
(4)
The Welsh Ministers may calculate charges under this section on any basis that
they consider to be the appropriate commercial basis.
Charging for dental services
30
125
Dental charging
(1)
Regulations may provide for the making and recovery, in such manner as may
be prescribed, of charges for relevant dental services.
(2)
Regulations under subsection (1) may in particular include provision—
(a)
specifying the amount, or maximum amount, of any charge (or
35
aggregate charge in respect of the provision for two or more relevant
dental services),
(b)
for calculating the amount of any charge,
(c)
for the variation of the amount, or maximum amount, of any charge in
cases of a prescribed description,
40
(d)
for any charge not to be payable in cases of a prescribed description,

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(e)
for power to direct that a charge is not payable in any particular case,
(f)
for the repayment of any charge (including provision as to the persons
by whom, and manner in which, repayments must be made).
(3)
Regulations under subsection (1) may provide for sums which would
otherwise be payable by a Local Health Board or Special Health Authority to
5
persons providing relevant dental services to be reduced by the amount of the
charges authorised by the regulations.
(4)
In this section and section 126 “relevant dental services” means—
(a)
dental treatment provided—
(i)
under section 56(2),
10
(ii)
under a general dental services contract, or
(iii)
in accordance with section 64 arrangements, and
(b)
the supply of dentures and other dental appliances under this Act.
(5)
Any reference in this section or 126 to the supply of an appliance includes a
reference to its repair, adjustment, refitting or replacement and, in the case of
15
dentures, to their being relined or having additions made to them.
126
Exemptions from dental charging
(1)
No charge may be made under regulations under section 125(1) in respect of a
relevant dental service provided for any person who at the prescribed time—
(a)
was under 18,
20
(b)
was under 19 and receiving qualifying full-time education,
(c)
was pregnant, or
(d)
had given birth to a child within the previous 12 months.
(2)
No charge may be made under regulations under section 125(1) in respect of—
(a)
the repair or replacement of any appliance,
25
(b)
any appliance supplied to a patient who is resident in a hospital,
(c)
the arrest of bleeding.
(3)
Subsections (1) and (2)(a) do not apply in relation to—
(a)
the repair or replacement of any appliance of a prescribed description,
(b)
the repair or replacement of any appliance where it is determined in the
30
prescribed manner—
(i)
in any case, that the repair or replacement was necessitated by
an act or omission of the person supplied, or
(ii)
in a case where the person supplied was under the age of 16,
that the repair or replacement was necessitated by an act or
35
omission, occurring while that person was under that age, of a
person having charge of him.
(4)
Subsection (2)(b) does not apply where an appliance is supplied—
(a)
under section 56(2),
(b)
under a general dental services contract, or
40
(c)
in accordance with section 64 arrangements.
(5)
Regulations may provide, with respect to any exemption under this section,
that it must be a condition of the exemption that—
(a)
a declaration of the prescribed kind is made in the prescribed form and
manner,
45

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(b)
a certificate or other evidence of the prescribed kind is supplied in the
prescribed form and manner.
(6)
In subsection (1)(b) “qualifying full-time education” means full-time
instruction at a recognised educational establishment or by other means
accepted as comparable by the Welsh Ministers.
5
(7)
For the purposes of subsection (6)—
(a)
“recognised educational establishment” means an establishment
recognised by the Welsh Ministers as being, or as comparable to, a
school, college or university, and
(b)
regulations may prescribe the circumstances in which a person must, or
10
must not, be treated as receiving full-time instruction.
(8)
In subsection (1)(d), “child” includes a still-born child (within the meaning of
the Births and Deaths Registration Act 1953 (c. 20).
Charging for local pharmaceutical services
127
Charges, recovery of payments and penalties
15
(1)
Regulations may provide for the making and recovery, in such manner as may
be prescribed, of charges for—
(a)
local pharmaceutical services provided under pilot schemes, or
(b)
local pharmaceutical services provided under LPS schemes.
(2)
The regulations may in particular provide for—
20
(a)
exemptions from charges,
(b)
the liability to pay charges to be disregarded in prescribed
circumstances or for prescribed purposes,
(c)
section 140 (recovery of certain charges and payments) to apply also in
relation to local pharmaceutical services (with or without
25
modification),
(d)
section 141 (penalties) to apply also in relation to local pharmaceutical
services (with or without modification).
(3)
The regulations must secure that the amount charged for any service is the
same as the amount that would be charged for that service if it were provided
30
under Chapter 1 of Part 7.
Charging for optical appliances
128
Charges for optical appliances
(1)
Regulations may provide for the making and recovery, in such manner as may
be prescribed, of charges in respect of the supply under this Act of optical
35
appliances.
(2)
The amount of the charges may be determined—
(a)
in regulations, or
(b)
by or in accordance with directions given by the Welsh Ministers.
(3)
Regulations or directions may—
40
(a)
vary the amount or maximum amount of charges, or

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(b)
provide that the charges are not payable.
(4)
A reference to supply includes a reference to replacement.
(5)
In this Act “optical appliances” means glasses and contact lenses, but
regulations may provide for a different definition of optical appliances to have
effect for the purposes of this Act.
5
129
Payments in respect of optical appliances
(1)
The Welsh Ministers must provide by regulations for payments to be made by
them or a relevant body to meet, or to contribute towards, the cost incurred
(whether by way of charge under this Act or otherwise) for the supply of
optical appliances for which—
10
(a)
a prescription has been given for a person mentioned in subsection (2)
in consequence of a sight test under this Act, or
(b)
a prescription has been given for a person mentioned in subsection (2)
in consequence of a sight test otherwise than under this Act which took
place in prescribed circumstances.
15
(2)
The persons are—
(a)
a child,
(b)
a person whose resources fall to be treated under the regulations as
being less than or equal to his requirements,
(c)
a person of such other description as may be prescribed.
20
(3)
The Welsh Ministers may by regulations—
(a)
provide for themselves or such relevant body as may be prescribed to
contribute to the cost of a sight test which they or the prescribed body
accepts as having been incurred by a person whose resources fall to be
treated under the regulations as exceeding his requirements but only
25
by an amount calculated under the regulations, and
(b)
provide for payments to be made by them or by such relevant body as
may be prescribed to meet, or to contribute towards, any cost accepted
by them or by the prescribed body as having been incurred (whether by
way of charge under this Act or otherwise) for the replacement or
30
repair in prescribed circumstances of optical appliances for which a
prescription was given in consequence of a sight test of a person of a
prescribed description.
(4)
Regulations under this section may direct how a person’s resources and
requirements must be calculated and may, in particular, direct that they must
35
be calculated—
(a)
by a method set out in the regulations,
(b)
by a method described by reference to a method of calculating or
estimating income or capital specified in an enactment other than this
section or in an instrument made under an Act of Parliament or by
40
reference to such a method but subject to prescribed modifications,
(c)
by reference to an amount applicable for the purposes of a payment
under an Act of Parliament or an instrument made under an Act of
Parliament, or
(d)
by reference to the person’s being or having been entitled to
45
payment under an Act of Parliament or an instrument made under an
Act of Parliament.

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(5)
Descriptions of persons may be prescribed for the purposes of this section by
reference to any criterion and, in particular, by reference to any of the following
criteria—
(a)
their age,
(b)
the fact that a prescribed person or a prescribed body accepts them as
5
suffering from a prescribed medical condition,
(c)
the fact that a prescribed person or a prescribed body accepts that a
prescribed medical condition from which they suffer arose in
prescribed circumstances,
(d)
their receipt of benefit in money or in kind under any enactment or
10
their entitlement to receive any such benefit,
(e)
the receipt of any such benefit by other persons satisfying prescribed
conditions or the entitlement of other persons satisfying prescribed
conditions to receive such benefits, and
(f)
the relationship, as calculated in accordance with the regulations by a
15
prescribed person, between their resources and their requirements.
(6)
Regulations under this section which refer to an Act of Parliament or an
instrument made under an Act of Parliament may direct that the reference
must be construed as a reference to that Act or instrument—
(a)
as it has effect at the time when the regulations are made, or
20
(b)
both as it has effect at that time and as amended subsequently.
(7)
In subsection (2)(a) “child” means—
(a)
a person who is under the age of 16 years, or
(b)
a person who is under the age of 19 years and receiving qualifying full-
time education.
25
(8)
In subsection (7)(b) “qualifying full-time education” means full-time
instruction at a recognised educational establishment or by other means
accepted as comparable by the Welsh Ministers.
(9)
For the purposes of subsection (8)—
(a)
“recognised educational establishment” means an establishment
30
recognised by the Welsh Ministers as being, or as comparable to, a
school, college or university, and
(b)
regulations may prescribe the circumstances in which a person must, or
must not, be treated as receiving full-time instruction.
(10)
If regulations under this section provide for payments to be made by a relevant
35
body, the Welsh Ministers must pay to the body, in respect of each financial
year, the sum attributable to the body’s disbursements under the regulations.
(11)
Sums falling to be paid in pursuance of regulations under this section are
payable subject to such conditions as to records, certificates or otherwise as the
Welsh Ministers may determine.
40
(12)
“Relevant body” means a Local Health Board or a Special Health Authority.