House of Commons portcullis
House of Commons
Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill


Health and Social Care Bill
Schedule 3 — Pharmaceutical remuneration

233

 

      (4)  

The Board must apportion the sums paid by it in respect of each

designated element during the financial year among all

commissioning consortia, in such manner as the Board thinks

appropriate.

      (5)  

In apportioning sums under sub-paragraph (4), the Board may, in

5

particular, take into account the financial consequences of orders

for the provision of drugs that are attributable to the members of

each consortium.

      (6)  

Where an amount of pharmaceutical remuneration is apportioned

to a commissioning consortium, the Board—

10

(a)   

may deduct that amount from the sums that it would

otherwise pay to the consortium under section 223H(1),

and

(b)   

if it does so, must notify the consortium accordingly.

      (7)  

The Secretary of State may direct the Board that an element of

15

pharmaceutical remuneration specified in the direction is not to be

included in a determination under sub-paragraph (1).

      (8)  

In determining the amount to be allotted to a consortium for the

purposes of section 223H, the Board must take into account the

effect of this Schedule.

20

      (9)  

For the purposes of sections 223I, 223J and 223K(2) and paragraph

12 of Schedule 1A, any amount of which a consortium is notified

under sub-paragraph (6) is to be treated as expenditure of the

consortium which is attributable to the performance by it of its

functions in the year in question.

25

Other pharmaceutical remuneration

3     (1)  

This paragraph applies in relation to pharmaceutical

remuneration paid in a financial year other than—

(a)   

designated elements of such remuneration, and

(b)   

remuneration of a prescribed description.

30

      (2)  

The Board may require a person to reimburse the Board for any

pharmaceutical remuneration to which this paragraph applies if

the drugs or services to which the remuneration relates were—

(a)   

ordered by that person, or

(b)   

ordered in the course of the delivery of a service arranged

35

by that person.

      (3)  

Any sum payable to the Board by virtue of sub-paragraph (2) may

be recovered summarily as a civil debt (but this does not affect any

other method of recovery).

Exercise of functions

40

4          

The Board may, with the consent of the Secretary of State—

(a)   

direct a Special Health Authority to exercise any functions

of the Board under this Schedule, or

(b)   

arrange for any other person to exercise any of those

functions.”

45

 
 

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 1 — The health service in England

234

 

Schedule 4

Section 45(1)

 

Part 1: amendments to the National Health Service Act 2006

Part 1

The health service in England

1     (1)  

For section 2 substitute—

5

“2      

General power

The Secretary of State, the Board or a commissioning consortium

may do anything which is calculated to facilitate, or is conducive or

incidental to, the discharge of any function conferred on that person

by this Act.”

10

      (2)  

For the cross-heading preceding section 2 substitute “General power”.

2     (1)  

Section 6 (performance of functions outside England) is amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

Where the Secretary of State has a duty or power to provide anything

under section 2A or 2B or Schedule 1, that thing may be provided

15

outside England.”

      (3)  

After subsection (1) insert—

“(1A)   

Where a commissioning consortium or the Board has a duty or

power to arrange for the provision of anything under sections 3, 3A,

3B or 4 or Schedule 1, it may arrange for that thing to be provided

20

outside England.”

      (4)  

In subsection (2) for “The Secretary of State’s functions” substitute “The

functions of the Secretary of State, the Board and commissioning consortia”.

3     (1)  

Section 6A (reimbursement of cost of services provided in another EEA

state) is amended as follows.

25

      (2)  

In subsection (3)(b) after “Secretary of State” insert “, the Board”.

      (3)  

In subsection (7) after “Secretary of State” insert “, the Board”.

      (4)  

In subsection (8) in each of paragraphs (a) and (b)—

(a)   

after “Secretary of State” insert “the Board”, and

(b)   

for “either of them” substitute “any of them”.

30

      (5)  

In subsection (9), after “Secretary of State” (in the second place it occurs)

insert “, the Board”.

      (6)  

In subsection (11), in the definition of “responsible authority”—

(a)   

omit “Strategic Health Authority or”,

(b)   

omit “Primary Care Trust”,

35

(c)   

before “responsible under” insert “a local authority or

commissioning consortium”, and

(d)   

for “securing” substitute “arranging for”.

 
 

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 1 — The health service in England

235

 

4     (1)  

Section 6B (prior authorisation for the purposes of section 6A) is amended as

follows.

      (2)  

In subsection (2)(b) after “Secretary of State” insert “, the Board”.

      (3)  

In subsection (5), in each of paragraphs (b) and (c) after “the Secretary of

State” insert “, the Board”.

5

5     (1)  

In section 8 (Secretary of State’s directions to health service bodies), in

subsection (2)—

(a)   

omit paragraph (a), and

(b)   

omit paragraph (b).

      (2)  

In the heading to that section after “to” insert “certain”.

10

      (3)  

For the cross-heading preceding section 8 substitute “Directions to certain

NHS bodies”.

6     (1)  

Section 9 (NHS contracts) is amended as follows.

      (2)  

In subsection (4)—

(a)   

before paragraph (a) insert—

15

“(za)   

the Board,

(zb)   

a commissioning consortium,”,

(b)   

omit paragraph (a), and

(c)   

omit paragraph (b).

7          

In section 11 (arrangements to be treated as NHS contracts), in subsection

20

(1)—

(a)   

after “under which” insert “the Board,”,

(b)   

omit “a Strategic Health Authority,” and

(c)   

omit “a Primary Care Trust”.

8     (1)  

Section 12 (arrangements with other bodies) is amended as follows.

25

      (2)  

In subsection (1) for “any service under this Act” substitute “anything which

the Secretary of State has a duty or power to provide, or arrange for the

provision of, under section 2A or 2B or Schedule 1”.

      (3)  

For subsection (2) substitute—

“(2)   

The bodies with whom arrangements may be made under subsection

30

(1) include—

(a)   

the Board,

(b)   

commissioning consortia,

(c)   

any other public authorities, and

(d)   

voluntary organisations.”

35

      (4)  

For subsection (3) substitute—

“(3)   

The Secretary of State may make available any facilities provided by

the Secretary of State under section 2A or 2B or Schedule 1 to any

service provider or to any eligible voluntary organisation.

(3A)   

In subsection (3)—

40

“eligible voluntary organisation” means a voluntary

organisation eligible for assistance under section 64 or section

65 of the Health Services and Public Health Act 1968;

 
 

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 1 — The health service in England

236

 

“service provider” means a person or body with whom the

Secretary of State has made an arrangement under subsection

(1).”

      (5)  

In subsection (4) omit—

(a)   

paragraph (b), and

5

(b)   

paragraph (c).

      (6)  

For the cross-heading preceding section 12 substitute “Arrangements with

other bodies”.

9          

After section 12 insert—

“12ZA   

Commissioning arrangements by the Board or consortia

10

(1)   

This section applies in relation to arrangements made by the Board

or a commissioning consortium in the exercise of functions under

section 3, 3A, 3B or 4 or Schedule 1.

(2)   

The arrangements may be made with any person or body (including

public authorities and voluntary organisations).

15

(3)   

If the Board or a commissioning consortium arranges for the

provision of facilities by a service provider, it may also make

arrangements for those facilities to be made available to another

service provider or to an eligible voluntary organisation.

(4)   

The Board or a commissioning consortium may make available any

20

of its facilities to—

(a)   

a service provider, or

(b)   

an eligible voluntary organisation.

(5)   

Where facilities are made available under subsection (4) any of the

following persons may make available the services of any employee

25

of that person who is employed in connection with the facilities—

(a)   

the Secretary of State,

(b)   

the Board,

(c)   

a commissioning consortium,

(d)   

a Special Health Authority, or

30

(e)   

a Local Health Board.

(6)   

Goods or materials may be made available under this section either

temporarily or permanently.

(7)   

Any power to supply goods or materials under this section

includes—

35

(a)   

a power to purchase or store them, and

(b)   

a power to arrange with third parties for the supply of goods

or materials by those third parties.

(8)   

Powers under this section may be exercised on such terms as may be

agreed, including terms as to the making of payments.

40

(9)   

In this section—

“eligible voluntary organisation” means a voluntary

organisation eligible for assistance under section 64 or section

65 of the Health Services and Public Health Act 1968;

 
 

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006

237

 

“service provider” means a person or body with whom the

Board or a commissioning consortium has made

arrangements in the exercise of the functions mentioned in

subsection (1).”

10    (1)  

Section 12A (direct payments for health care) is amended as follows.

5

      (2)  

In subsection (1) after “The Secretary of State” insert “, the Board or a

commissioning consortium”.

      (3)  

In subsection (2)—

(a)   

for paragraph (a) substitute—

“(a)   

anything that the Secretary of State has a duty or

10

power to provide or arrange under section 2A or 2B or

Schedule 1;”

(b)   

after that paragraph insert—

“(aa)   

anything that the Board or a commissioning

consortium may or must arrange for the provision of

15

under this Act or any other enactment;”, and

(c)   

omit paragraphs (b) and (c).

      (4)  

Omit subsection (4).

      (5)  

In subsection (5), omit “or under regulations under subsection (4)”.

11    (1)  

Section 12B (regulations about direct payments) is amended as follows.

20

      (2)  

In subsection (2), in paragraphs (d), (g), (h) and (j), for “or the Primary Care

Trust” substitute “, the Board or a commissioning consortium”.

      (3)  

In subsection (4) —

(a)   

for “or the Primary Care Trust”, in the first place it occurs, substitute

“, the Board or a commissioning consortium”, and

25

(b)   

for “or the Primary Care Trust”, in the second place it occurs,

substitute “the Board or the commissioning consortium (as the case

may be)”.

      (4)  

In subsection (5)—

(a)   

in paragraph (a), after “the Secretary of State” insert “or arranged for

30

by the Board or a commissioning consortium (as the case may be)”,

and

(b)   

in paragraph (b) for “a Primary Care Trust with respect to the

provision of” substitute “the Board or a commissioning consortium

with respect to the arrangement for the provision of”.

35

12         

In section 12C (direct payments pilot schemes), in subsection (9), for “the

powers conferred by section 12A(1) or by regulations under section 12A(4)”

substitute “the power conferred by section 12A(1)”.

13         

In section 12D (arrangements with other bodies relating to direct

payments)—

40

(a)   

in subsection (1) after “the Secretary of State” insert “, the Board or a

commissioning consortium”, and

(b)   

in subsection (3) after “the Secretary of State” insert “, the Board or a

commissioning consortium”.

45

 
 

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 2 — NHS Bodies

238

 

Part 2

NHS Bodies

14         

In section 28 (special health authorities), omit subsection (6).

15         

In section 67 (effect of intervention orders), in subsection (1)—

(a)   

in paragraph (a)—

5

(i)   

omit “Strategic Health Authority,” and

(ii)   

omit “Primary Care Trust,” and

(b)   

in paragraph (b)—

(i)   

omit “Strategic Health Authority,” and

(ii)   

omit “Primary Care Trust,”.

10

16         

In section 70 (transfer of residual liabilities)—

(a)   

in subsection (1)—

(i)   

omit “a Strategic Health Authority,”, and

(ii)   

omit “a Primary Care Trust,”, and

(b)   

in the heading, at the end insert “of certain health service bodies”.

15

17    (1)  

Section 71 (schemes for meeting losses and liabilities in respect of certain

health service bodies) is amended as follows.

      (2)  

In subsection (2)—

(a)   

after “are—” insert—

“(za)   

the Board,

20

(zb)   

commissioning consortia,”,

(b)   

omit paragraph (a),

(c)   

omit paragraph (b), and

(d)   

in paragraph (i) for “paragraphs (a) to (h)” (in each place where it

occurs) substitute “paragraphs (za) to (h)”.

25

      (3)  

In subsection (3)(a)—

(a)   

after “the Secretary of State” insert “or the Board”,

(b)   

omit “Strategic Health Authority,”, and

(c)   

omit “Primary Care Trust,”.

      (4)  

In subsection (5), for “(a) to (d),” substitute “(c), (d),”.

30

      (5)  

In subsection (6)—

(a)   

after “the Secretary of State,” insert “the Board or”,

(b)   

omit “Strategic Health Authority,” and

(c)   

omit “Primary Care Trust,”.

18         

In section 73 (directions and regulations), in subsection (1) omit paragraphs

35

(c) to (f).

19         

Omit Schedule 2.

20         

Omit Schedule 3.

21         

In Schedule 4, in paragraph 15, omit sub-paragraphs (2) and (3).

22    (1)  

Schedule 6 (special health authorities established under section 28) is

40

amended as follows.

 
 

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 3 — Local authorities

239

 

      (2)  

In paragraph 3(8)—

(a)   

for “to a Strategic Health Authority” substitute “to the Board”, and

(b)   

for “a Strategic Health Authority” substitute “the Board”.

      (3)  

In paragraph 3(12)—

(a)   

in paragraph (a) for “of a Strategic Health Authority” substitute “of

5

the Board”, and

(b)   

in paragraph (b) omit “or by a Strategic Health Authority”.

      (4)  

In paragraph 13 for “a Strategic Health Authority” substitute “the Board”.

Part 3

Local authorities

10

23         

In section 74 (supply of goods and services by local authorities), in

subsection (1)(a)—

(a)   

at the beginning insert “the Board and”,

(b)   

after “any” insert “commissioning consortium or,”,

(c)   

omit “Strategic Health Authority,” and

15

(d)   

omit “or Primary Care Trust”.

24         

In section 76 (power of local authorities to make payments), in subsection

(1)—

(a)   

after the first “to” insert “the Board, a commissioning consortium”,

(b)   

omit “a Strategic Health Authority,” and

20

(c)   

omit “a Primary Care Trust”.

25         

In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit “a

Primary Care Trust or”.

26    (1)  

Section 80 (supply of goods and services by the Secretary of State) is

amended as follows.

25

      (2)  

In subsection (1)—

(a)   

in paragraph (a), after “The Secretary of State” insert “, the Board or

a commissioning consortium”, and

(b)   

in paragraph (b) for “he” substitute “the Secretary of State”.

      (3)  

In subsection (3)—

30

(a)   

in paragraph (a) omit “or by a Primary Care Trust”, and

(b)   

in paragraph (b)—

(i)   

omit “a Strategic Health Authority,” and

(ii)   

omit “a Primary Care Trust,”.

      (4)  

After subsection (3) insert—

35

“(3A)   

The Board or a commissioning consortium may make available to

persons falling within subsection (1)—

(a)   

any facilities provided by the Board or (as the case may be)

the consortium for any service under this Act, and

(b)   

the services of persons employed by the Board or (as the case

40

may be) the consortium.”

      (5)  

In subsection (5), for “The Secretary of State” substitute “The Board”.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2011
Revised 19 January 2011