|
| |
|
(5) | In the definition of “relevant provision of this Act”, before “other” insert |
| |
“(including a provision in regulations made under this Act)”. |
| |
(6) | In the appropriate place, insert the following definitions— |
| |
“ “public authority” has the meaning given in section 6(3) of the |
| |
| 5 |
“ “relevant health protection authority” means— |
| |
(a) | a local authority, port health authority or joint board |
| |
with functions under a relevant provision of this Act, |
| |
| |
(b) | if regulations under Part 2A confer functions on a |
| 10 |
public authority of any other description and state |
| |
that the authority is to be regarded as a relevant |
| |
health protection authority with respect to those |
| |
functions, that authority;”. |
| |
(7) | The following definitions are omitted— |
| 15 |
| |
(b) | “common lodging-house”; |
| |
| |
| |
| 20 |
| |
| |
| |
(i) | “NHS trust” and “NHS contract”; |
| |
(j) | “notifiable disease”; |
| 25 |
| |
| |
| |
30 | Omit section 76 of the 1984 Act (Isle of Man and Channel Islands). |
| |
Planning and Compensation Act 1991 (c. 34) |
| 30 |
31 | In Part 1 of Schedule 18 to the Planning and Compensation Act 1991 |
| |
(provisions that do not provide for interest) omit the entry for section 57 of |
| |
the Public Health (Control of Disease) Act 1984. |
| |
| |
| |
Funding of expenditure in connection with provision of pharmaceutical |
| 35 |
| |
| |
| |
1 | In this Part of this Schedule “the NHS Act” means the National Health |
| |
Service Act 2006 (c. 41). |
| 40 |
|
| |
|
| |
|
2 (1) | Section 228 of the NHS Act (public funding of Primary Care Trusts) is |
| |
| |
(2) | For subsection (1) substitute— |
| |
“(1) | The Secretary of State must pay in respect of each financial year to |
| |
each Primary Care Trust sums not exceeding the amount allotted for |
| 5 |
that year by the Secretary of State to the Primary Care Trust towards |
| |
meeting the expenditure of the Primary Care Trust which is |
| |
attributable to the performance by it of its functions in that year.” |
| |
| |
(4) | In subsections (3) and (7)(b), for “(1)(b)” substitute “(1)”. |
| 10 |
(5) | Omit subsection (12). |
| |
3 | In section 229 of the NHS Act (financial duties of Primary Care Trusts), in |
| |
| |
(a) | omit “(not including its pharmaceutical services expenditure)”, and |
| |
(b) | in paragraph (a), for “section 228(1)(b)” substitute “section 228(1)”. |
| 15 |
4 | In section 230 of the NHS Act (resource limits for Primary Care Trusts) omit |
| |
| |
5 (1) | Schedule 14 to the NHS Act (further provision about expenditure of Primary |
| |
Care Trusts) is amended as follows. |
| |
(2) | Omit paragraphs 1 and 2. |
| 20 |
(3) | After paragraph 3 insert— |
| |
“3A (1) | The Secretary of State may designate any element of the |
| |
remuneration paid by Primary Care Trusts to persons providing |
| |
pharmaceutical services or local pharmaceutical services which is |
| |
not remuneration referable to the cost of drugs. |
| 25 |
(2) | If an element is so designated, the Secretary of State must for each |
| |
financial year apportion among all Primary Care Trusts, in such |
| |
manner as the Secretary of State considers appropriate, the total of |
| |
the remuneration referable to that element which is paid by each |
| |
Primary Care Trust in that year. |
| 30 |
(3) | A Primary Care Trust is accountable in any year for remuneration |
| |
referable to that element to the extent (and only to the extent) that |
| |
such remuneration is apportioned to it under sub-paragraph (2). |
| |
(4) | Where in any financial year any remuneration referable to that |
| |
element for which a Primary Care Trust is accountable is paid by |
| 35 |
another Primary Care Trust, the remuneration must be treated (for |
| |
the purposes of sections 228 and 229) as having been paid by the |
| |
first Primary Care Trust in the performance of its functions. |
| |
(5) | The Secretary of State may, in particular, exercise the discretion |
| |
| 40 |
(a) | so that any apportionment relating to services associated |
| |
with the provision of drugs reflects, in the case of each |
| |
Primary Care Trust, the financial consequences of orders |
| |
for the provision of drugs, being orders which in the |
| |
|
| |
|
| |
|
opinion of the Secretary of State are attributable to the |
| |
Primary Care Trust in question, |
| |
(b) | by reference to averaged or estimated amounts. |
| |
(6) | The Secretary of State may make provision for any remuneration |
| |
referable to an element designated under sub-paragraph (1) which |
| 5 |
is paid by a Primary Care Trust other than the Primary Care Trust |
| |
which is accountable for the payment to be reimbursed in such |
| |
manner as the Secretary of State may determine.” |
| |
| |
(a) | for the definition of “designated” substitute— |
| 10 |
“designate” means designate in writing (and different |
| |
designations may be made for different purposes),”, |
| |
(b) | omit the definition of “pharmaceutical services”, and |
| |
(c) | in the definition of “remuneration referable to the cost of drugs”, |
| |
omit the words “except in paragraph 1(2)(b) and”. |
| 15 |
(5) | After paragraph 4(3) insert— |
| |
“(4) | If the Secretary of State does not treat such remuneration, so far as |
| |
it is so met by an NHS trust or NHS foundation trust, as |
| |
remuneration referable to the cost of drugs, the Secretary of State |
| |
may treat it as remuneration falling within paragraph 3A(1).” |
| 20 |
| |
| |
6 | In this Part of this Schedule “the NHS (Wales) Act” means the National |
| |
Health Service (Wales) Act 2006 (c. 42). |
| |
7 | In section 174 of the NHS (Wales) Act (public funding of Local Health |
| 25 |
Boards) omit “and pharmaceutical” in— |
| |
| |
(b) | subsection (2)(a) and (b), and |
| |
| |
8 | In section 175 of the NHS (Wales) Act (financial duties of Local Health |
| 30 |
Boards), in subsection (1) omit “and pharmaceutical”. |
| |
9 | In section 176 of the NHS (Wales) Act (resource limits for Local Health |
| |
Boards) omit “and pharmaceutical” in— |
| |
| |
| 35 |
10 (1) | Schedule 8 to the NHS (Wales) Act (further provision about expenditure of |
| |
Local Health Boards) is amended as follows. |
| |
| |
(a) | omit “and pharmaceutical”, and |
| |
(b) | in paragraph (a) for the words from “services under” to |
| 40 |
“pharmaceutical services)” substitute “general ophthalmic services”. |
| |
| |
|
| |
|
| |
|
(a) | in paragraph (a) for “services as mentioned in sub-paragraph (1)(a)” |
| |
substitute “general ophthalmic services”, and |
| |
(b) | omit paragraphs (b) and (c). |
| |
(4) | Accordingly, in the heading immediately preceding paragraph 1, omit “and |
| |
| 5 |
(5) | For paragraph 2 substitute— |
| |
“2 | In section 174 “main expenditure”, in relation to a Local Health |
| |
Board and the year in question, means— |
| |
(a) | expenditure of the Local Health Board attributable to the |
| |
reimbursement in that year of expenses of persons |
| 10 |
providing general ophthalmic services which are |
| |
designated expenses incurred in connection with the |
| |
provision of those services (or in giving instruction in |
| |
matters relating to those services), and |
| |
(b) | any other expenditure of the Local Health Board |
| 15 |
attributable to the performance of its functions in that year |
| |
(other than general ophthalmic services expenditure).” |
| |
(6) | After paragraph 3 insert— |
| |
“3A (1) | The Welsh Ministers may designate any element of the |
| |
remuneration paid by Local Health Boards to persons providing |
| 20 |
pharmaceutical services or local pharmaceutical services which is |
| |
not remuneration referable to the cost of drugs. |
| |
(2) | If an element is so designated, the Welsh Ministers must for each |
| |
financial year apportion among all Local Health Boards, in such |
| |
manner as the Welsh Ministers consider appropriate, the total of |
| 25 |
the remuneration referable to that element which is paid by each |
| |
Local Health Board in that year. |
| |
(3) | A Local Health Board is accountable in any year for remuneration |
| |
referable to that element to the extent (and only to the extent) that |
| |
such remuneration is apportioned to it under sub-paragraph (2). |
| 30 |
(4) | Where in any financial year any remuneration referable to that |
| |
element for which a Local Health Board is accountable is paid by |
| |
another Local Health Board, the remuneration must be treated (for |
| |
the purposes of sections 174 and 175) as having been paid by the |
| |
first Local Health Board in the performance of its functions. |
| 35 |
(5) | The Welsh Ministers may, in particular, exercise their discretion |
| |
| |
(a) | so that any apportionment relating to services associated |
| |
with the provision of drugs reflects, in the case of each |
| |
Local Health Board, the financial consequences of orders |
| 40 |
for the provision of drugs, being orders which in the |
| |
opinion of the Welsh Ministers are attributable to the |
| |
| |
(b) | by reference to averaged or estimated amounts. |
| |
(6) | The Welsh Ministers may make provision for any remuneration |
| 45 |
referable to an element designated under sub-paragraph (1) which |
| |
is paid by a Local Health Board other than the Board which is |
| |
|
| |
|
| |
|
accountable for the payment to be reimbursed in such manner as |
| |
the Welsh Ministers may determine.” |
| |
| |
(a) | at the end of the definition of “designated” insert “and “designate” |
| |
must be read accordingly”, |
| 5 |
(b) | omit the definition of “pharmaceutical services”, and |
| |
(c) | in the definition of “remuneration referable to the cost of drugs”, |
| |
omit the words “except in paragraph 1(2)(b) and”. |
| |
(8) | After paragraph 4(3) insert— |
| |
“(4) | If the Welsh Ministers do not treat such remuneration, so far as it |
| 10 |
is so met by an NHS trust, as remuneration referable to the cost of |
| |
drugs, they may treat it as remuneration falling within paragraph |
| |
| |
| |
| |
Transitional provisions relating to s. 139 |
| 15 |
Interpretation of Schedule |
| |
1 | In this Schedule “the 1948 Act” means the National Assistance Act 1948 |
| |
| |
Complaints, orders and payments under section 43 of the 1948 Act |
| |
2 (1) | No complaint may be made under section 43 of the 1948 Act on or after the |
| 20 |
| |
(a) | in respect of assistance given, or applied for, before that day, or |
| |
(b) | in respect of expenditure incurred by virtue of section 47 of that |
| |
| |
(i) | before the appointed day, or |
| 25 |
(ii) | in connection with the maintenance of a person who is |
| |
maintained in pursuance of an order under section 47 of that |
| |
Act (order for removing, to suitable premises, person in need |
| |
of care and attention) made before the appointed day. |
| |
(2) | No order may be made under section 43(2) of the 1948 Act on or after the |
| 30 |
appointed day, not even on a complaint made before that day. |
| |
(3) | No order made under section 43(2) of the 1948 Act— |
| |
(a) | may be varied on or after the appointed day so as to— |
| |
(i) | provide for any additional payment, |
| |
(ii) | increase the amount of any payment, or |
| 35 |
(iii) | bring forward the time for making any payment; |
| |
(b) | may be revived on or after the appointed day. |
| |
(4) | Where an order has been made under section 43(2) of the 1948 Act, the only |
| |
payments required to be made under the order on or after the appointed day |
| |
are overdue pre-commencement payments. |
| 40 |
|
| |
|
| |
|
(5) | This Act does not prevent enforcement after the appointed day (whether by |
| |
proceedings or otherwise) of an order under section 43(2) of the 1948 Act so |
| |
far as the order relates to overdue pre-commencement payments. |
| |
| |
“the appointed day” means the day appointed under this Act for the |
| 5 |
coming into force of section 139(1)(a); |
| |
“overdue pre-commencement payment”, in relation to an order under |
| |
section 43(2) of the 1948 Act, means a payment that under the order |
| |
should have been (but was not) made before that day. |
| |
(7) | Sub-paragraphs (3) to (5) apply in relation to a registered order as to an order |
| 10 |
made under section 43(2) of the 1948 Act in England and Wales, except that |
| |
in relation to a registered order “overdue pre-commencement payment” |
| |
means a payment that under the registered order should have been (but was |
| |
not) made before 5 October 2007. |
| |
(8) | In sub-paragraph (7) “registered order” means— |
| 15 |
(a) | an order made in Scotland under section 43(2) of the 1948 Act, and |
| |
(b) | registered in England and Wales under Part 2 of the Maintenance |
| |
Orders Act 1950 (c. 37) (enforcement in one part of the United |
| |
Kingdom of orders made in another part). |
| |
Recovery of expenditure incurred under section 47(8) of the 1948 Act |
| 20 |
3 (1) | Sub-paragraphs (3) to (5) apply in relation to expenditure incurred under |
| |
section 47(8) of the 1948 Act in connection with the maintenance of any |
| |
| |
(2) | In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for |
| |
the expenditure’s recovery under section 47(9) of the 1948 Act from a person |
| 25 |
other than A if the proceedings are brought against that other person (“B”) |
| |
on account of B having, at a time before the appointed day, been for the |
| |
purposes of the 1948 Act liable to maintain A. |
| |
(3) | No liability proceedings may be begun, or continued, on or after the |
| |
appointed day; but this is subject to sub-paragraph (5). |
| 30 |
(4) | Sub-paragraph (3) applies (subject to sub-paragraph (5))— |
| |
(a) | even to expenditure incurred before the appointed day, and |
| |
(b) | even where A is maintained in pursuance of an order under section |
| |
47 of the 1948 Act made before the appointed day. |
| |
(5) | Where liability proceedings begun before the appointed day resulted in a |
| 35 |
court making an order before that day for the recovery of the expenditure |
| |
from B, this Act does not prevent the enforcement of the order (whether by |
| |
proceedings or otherwise) on or after the appointed day. |
| |
(6) | In this paragraph “the appointed day” means the day appointed under this |
| |
Act for the coming into force of section 139(1)(b). |
| 40 |
Recovery of expenses incurred under section 48 of the 1948 Act |
| |
4 (1) | Sub-paragraphs (3) to (5) apply in relation to reasonable expenses incurred |
| |
under section 48(1) and (2) of the 1948 Act in relation to a person (“C”) |
| |
admitted, or removed, as mentioned in section 48(1) of that Act. |
| |
|
| |
|
| |
|
(2) | In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for |
| |
the expenses’ recovery under section 48(3) of the 1948 Act from a person |
| |
other than C if the proceedings are brought against that other person (“D”) |
| |
on account of D having, at a time before the appointed day, been for the |
| |
purposes of the 1948 Act liable to maintain C. |
| 5 |
(3) | No liability proceedings may be begun, or continued, on or after the |
| |
appointed day; but this is subject to sub-paragraph (5). |
| |
(4) | Sub-paragraph (3) applies (subject to sub-paragraph (5))— |
| |
(a) | even to expenses incurred before the appointed day, and |
| |
(b) | even where C was admitted, or removed, before the appointed day. |
| 10 |
(5) | Where liability proceedings begun before the appointed day resulted in a |
| |
court making an order before that day for the recovery of the expenditure |
| |
from D, this Act does not prevent the enforcement of the order (whether by |
| |
proceedings or otherwise) on or after the appointed day. |
| |
(6) | In this paragraph “the appointed day” means the day appointed under this |
| 15 |
Act for the coming into force of section 139(1)(c). |
| |
Prosecutions under section 51 of the 1948 Act |
| |
5 (1) | Sub-paragraph (2) applies in relation to an offence under section 51 of the |
| |
1948 Act (offence where accommodation is provided under Part 3 of that Act |
| |
in consequence of persistent refusal or neglect to maintain a person), other |
| 20 |
than an offence in respect of accommodation being provided to a person in |
| |
consequence of that person’s persistent refusal or neglect to maintain |
| |
| |
(2) | Proceedings for the offence may be begun or continued on or after the |
| |
appointed day, but only if the accommodation provided in consequence of |
| 25 |
the refusal or neglect (or alleged refusal or neglect) began to be provided |
| |
before the appointed day. |
| |
(3) | In this paragraph “the appointed day” means the day appointed under this |
| |
Act for the coming into force of section 139(1)(d). |
| |
Transitional cases under paragraph 19(1) of Schedule 6 to the 1948 Act |
| 30 |
6 (1) | Sub-paragraphs (2) and (3) apply where— |
| |
(a) | a person was by virtue of an enactment repealed by the 1948 Act |
| |
under a liability (whether under an order of a court or otherwise) to |
| |
| |
(b) | on the repeal of that enactment by the 1948 Act, that liability was |
| 35 |
saved by the operation of section 38(2) of the Interpretation Act 1889 |
| |
| |
(c) | paragraph 19(1) of Schedule 6 to the 1948 Act (which ended a saved |
| |
liability to maintain a person where there was no liability to maintain |
| |
that person for the purposes of the 1948 Act) did not have effect to |
| 40 |
| |
(2) | If that liability has not come to an end before the appointed day, it comes to |
| |
an end as from the beginning of that day; but this is subject to sub-paragraph |
| |
| |
|
| |
|