Health and Social Care Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 12 — Funding of expenditure in connection with provision of pharmaceutical services
Part 1 — England
178

      (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
Human Rights Act 1998;”,
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,
and
(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
(a)
“coastal waters”;
(b)
“common lodging-house”;
(c)
“dustbin”;
(d)
“factory”;
(e)
“hospital”;
20
(f)
“house”;
(g)
“inland waters”;
(h)
“local Act”;
(i)
“NHS trust” and “NHS contract”;
(j)
“notifiable disease”;
25
(k)
“rating district”;
(l)
“school”;
(m)
“street”.
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.
Schedule 12
Section 134

Funding of expenditure in connection with provision of pharmaceutical
35
services
Part 1
England
1
In this Part of this Schedule “the NHS Act” means the National Health
Service Act 2006 (c. 41).
40

Health and Social Care Bill
Schedule 12 — Funding of expenditure in connection with provision of pharmaceutical services
Part 1 — England
179

2     (1)
Section 228 of the NHS Act (public funding of Primary Care Trusts) is
amended as follows.
      (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.”
      (3)
Omit subsection (2).
      (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
subsection (1)—
(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
subsections (2) and (3).
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
under sub-paragraph (2)—
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

Health and Social Care Bill
Schedule 12 — Funding of expenditure in connection with provision of pharmaceutical services
Part 2 — Wales
180

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.”
      (4)
In paragraph 4(1)—
(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
Part 2
Wales
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—
(a)
subsection (1)(a),
(b)
subsection (2)(a) and (b), and
(c)
subsection (12).
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—
(a)
subsection (2), and
(b)
subsection (3)(b).
35
10    (1)
Schedule 8 to the NHS (Wales) Act (further provision about expenditure of
Local Health Boards) is amended as follows.
      (2)
In paragraph 1(1)—
(a)
omit “and pharmaceutical”, and
(b)
in paragraph (a) for the words from “services under” to
40
“pharmaceutical services)” substitute “general ophthalmic services”.
      (3)
In paragraph 1(2)—

Health and Social Care Bill
Schedule 12 — Funding of expenditure in connection with provision of pharmaceutical services
Part 2 — Wales
181

(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
pharmaceutical”.
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
under sub-paragraph (2)—
(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
Board in question,
(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

Health and Social Care Bill
Schedule 13 — Transitional provisions relating to s. 139
182

accountable for the payment to be reimbursed in such manner as
the Welsh Ministers may determine.”
      (7)
In paragraph 4(1)—
(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
3A(1).”
Schedule 13
Section 139(6)

Transitional provisions relating to s. 139
15
Interpretation of Schedule
1
In this Schedule “the 1948 Act” means the National Assistance Act 1948
(c. 29).
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
appointed day, not even—
(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
Act—
(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

Health and Social Care Bill
Schedule 13 — Transitional provisions relating to s. 139
183

      (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.
      (6)
In this paragraph—
“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
particular person (“A”).
      (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.

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Schedule 13 — Transitional provisions relating to s. 139
184

      (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
himself.
      (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
maintain another person,
(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. 63), and
(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
end that liability.
      (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
(3).