Health and Social Care Bill

Session 2010 - 11
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 6 — Primary care services
177

(8)
Omit subsection (6) of that section.
(9)
Omit subsection (7) of that section.
(10)
In subsection (9) of that section—
(a)
omit paragraph (a),
(b)
omit paragraph (b),
5
(c)
omit paragraph (c), and
(d)
in paragraph (d), for “subsection (3)” substitute “subsection (4)”.
(11)
In subsection (10) of that section, after “NHS trust” insert “or commissioning
consortium or NHS foundation trust”.
(12)
In subsection (12) of that section, in the definition of “NHS functions” after
10
“NHS trust” insert “or commissioning consortium or NHS foundation trust”.
(13)
Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an
NHS trust which has satisfied any requirement in relation to consultation
imposed by virtue of subsection (9) of section 77 of the National Health Service
Act 2006 before the commencement of those subsections.
15
(14)
A Primary Care Trust or NHS trust which, after the commencement of
subsection (5), has its designation as a Care Trust revoked must notify the
Secretary of State of that revocation.
(15)
Despite the repeal of subsection (6) of section 77 of the National Health Service
Act 2006 by subsection (8), that subsection continues to have effect so far as it
20
applies to the revocation of designations—
(a)
in relation to Primary Care Trusts, until the commencement of section
29, and
(b)
in relation to NHS trusts, until the commencement of section 176.
Chapter 3
25
The Health Service Commissioner for England
198
Disclosure of reports etc. by the Health Service Commissioner
In section 14 of the Health Service Commissioners Act 1993 (reports etc. by the
Commissioner), after subsection (2H) insert—
“(2I)
Where the Commissioner is required by this section to send a report or
30
statement of reasons to certain persons, the Commissioner may send
the report or statement to such other persons as the Commissioner
thinks appropriate.”
Part 6
Primary care services
35
199
General medical services: minor amendments
(1)
In section 86 of the National Health Service Act 2006 (persons eligible to enter
into general medical services contracts), in subsection (3), in paragraphs (a)
and (b), before “legally and beneficially” insert “both”.

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(2)
In section 89 of that Act (general medical services contracts: required terms), in
subsection (3), for “may make” substitute “must make”.
(3)
In section 93 of that Act (persons with whom arrangements may be made
under section 92 of that Act for the provision of primary medical services), in
the definition of “qualifying body” in subsection (3), before “legally and
5
beneficially” insert “both”.
200
Persons eligible to enter into general dental services contracts
(1)
Section 102 of the National Health Service Act 2006 (persons eligible to enter
into general dental services contracts) is amended as follows.
(2)
In subsection (1), in paragraph (c), for “individuals” substitute “persons”.
10
(3)
After that subsection insert “,
(d)
a limited liability partnership where the conditions in
subsection (2A) are satisfied.”
(4)
In subsection (2), for paragraph (b) substitute—
“(b)
subsection (3A) or (3B) applies.”
15
(5)
After that subsection insert—
“(2A)
The conditions referred to in subsection (1)(d) are that—
(a)
at least one member is a dental practitioner, and
(b)
subsection (3A) or (3B) applies.”
(6)
After subsection (3) insert—
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“(3A)
This subsection applies if a partner or member who is a dental
practitioner, or who falls within subsection (3C), has the power to
secure that the partnership’s affairs are conducted in accordance with
that partner’s or member’s wishes.
(3B)
This subsection applies if, in any combination of partners or members
25
who, acting together, have the power (or who, if they were to act
together, would have the power) to secure that the partnership’s affairs
are conducted in accordance with their wishes, at least one of them is a
dental practitioner or a person who falls within subsection (3C).”
(7)
After subsection (3B) insert—
30
“(3C)
A person falls within this subsection if the person is—
(a)
an NHS employee,
(b)
a section 92 employee, section 107 employee, section 50
employee, section 64 employee, section 17C employee or Article
15B employee,
35
(c)
a health care professional who is engaged in the provision of
services under this Act or the National Health Service (Wales)
Act 2006, or
(d)
an individual falling within section 108(1)(d).”
201
Arrangements under section 107 of the National Health Service Act 2006
40
(1)
Section 108 of the National Health Service Act 2006 (persons with whom
section 107 arrangements may be made) is amended as follows.

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(2)
In subsection (1)—
(a)
before “make an agreement” insert “, subject to such conditions as may
be prescribed,”,
(b)
in each of paragraphs (b) and (c), omit “who meets the prescribed
conditions”,
5
(c)
for paragraph (f) substitute—
“(f)
a dental corporation,”, and
(d)
after paragraph (f) insert—
“(fa)
a company limited by shares where the conditions in
subsection (1A) are satisfied,
10
(fb)
a limited liability partnership where subsection (1B) or
(1C) is satisfied,”.
(3)
After subsection (1) insert—
“(1A)
The conditions referred to in subsection (1)(fa) are that—
(a)
every person who owns a share in the company owns it both
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legally and beneficially, and
(b)
it is not possible for two or more members of the company who
are not persons who fall within subsection (1)(a) to (e) to hold
the majority of the voting rights conferred by shares in the
company on any matter on which members have such rights.”
20
(4)
After subsection (1A) insert—
“(1B)
This subsection applies if a member of the partnership who falls within
subsection (1)(a) to (e) has the power to secure that the partnership’s
affairs are conducted in accordance with that member’s wishes.
(1C)
This subsection applies if, in any combination of members of the
25
partnership who, acting together, have the power (or who, if they were
to act together, would have the power) to secure that the partnership’s
affairs are conducted in accordance with their wishes, at least one of
them falls within subsection (1)(a) to (e).”
(5)
Omit subsection (2).
30
(6)
In subsection (3)—
(a)
at the appropriate place insert—
““dental corporation”” means a body corporate which is
carrying on the business of dentistry in accordance with
the Dentists Act 1984,”, and
35
(b)
omit the definition of “qualifying body”.
202
Payments in respect of costs of sight tests
(1)
Section 180 of the National Health Service Act 2006 (payments in respect of
costs of optical appliances) is amended as follows.
(2)
In subsection (3), before paragraph (a) insert—
40
“(za)
provide for payments to be made by the Board to meet, or to
contribute towards, any cost accepted by the Board as having
been incurred for the cost of a sight test of a person who—
(i)
falls within section 115(2)(c), but

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(ii)
at the time of the test has not been issued with a notice
by the Secretary of State of entitlement to receive
assistance in respect of the cost of a sight test (or has
been issued with such a notice but has yet to receive it),”.
(3)
After that subsection insert—
5
“(3A)
The amount of a payment by virtue of subsection (3)(za) or (a) must not
exceed the amount for the time being set in regulations under this
section as the applicable fee in the case in question for the provision of
the sight-testing service under section 115(1)(a).”
203
Pharmaceutical needs assessments
10
(1)
In section 128A of the National Health Service Act 2006 (pharmaceutical needs
assessments), in subsections (1), (2)(c) and (d) and (3)(b) and (d), for “Primary
Care Trust” substitute “Health and Wellbeing Board”.
(2)
In section 24 of that Act (plans for improving health etc.), at the end of
subsection (8)(a) (but before the following “, and”) insert “(other than
15
pharmaceutical services or local pharmaceutical services)”.
(3)
In section 24A of that Act (report on consultation), in subsection (2), for “Parts
4 to 7” substitute “Parts 4 to 6”.
(4)
In section 242 of that Act (public involvement and consultation), in subsection
(1F), after “(1E),” insert “—
20
(a)
“health services” does not include pharmaceutical services or
local pharmaceutical services, and
(b)
”.
(5)
In section 242A of that Act (Strategic Health Authorities: further duty to
involve users), at the end of subsection (2) add “; and for that purpose “health
25
services” does not include pharmaceutical services or local pharmaceutical
services”.
204
Control of entry on pharmaceutical lists
(1)
Section 129 of the National Health Service Act 2006 (regulations as to
pharmaceutical lists) is amended as follows.
30
(2)
In subsection (2), in paragraph (c)—
(a)
for “must be granted if” substitute “may be granted only if”, and
(b)
omit the words from “and may otherwise” to the end.
(3)
After that subsection insert—
“(2ZA)
The Board may not include the Secretary of State, or such other persons
35
as the regulations may prescribe, in a list prepared for the purposes of
provision under subsection (2)(a).”
(4)
In subsection (2A)—
(a)
for “its needs statement” substitute “the needs statement for the
relevant area”, and
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(b)
for the words from “it is necessary” to the end substitute “to grant the

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application would—
(a)
meet a need in that area for the services or some of the
services specified in the application, or
(b)
secure improvements, or better access, to
pharmaceutical services in that area.”
5
(5)
For subsection (2B) substitute—
“(2B)
In subsection (2A), “relevant area”, in relation to a needs statement, is
the area of the Health and Wellbeing Board which includes the
premises from which the application states that the applicant will
undertake to provide services.”
10
(6)
In subsection (2C), for “(2B)” substitute “(2A)”.
(7)
In subsection (4)(c), omit “or (2B)”.
(8)
In subsection (6)(g)—
(a)
after “grounds on which” insert “or circumstances in which”,
(b)
before “may, or must,” insert “—
15
(i)
”, and
(c)
at the end insert “,
(ii)
may, or must, remove a person or an entry in
respect of premises from a pharmaceutical list”.
(9)
In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing
20
Board”.
(10)
In section 130(2) of that Act (regulations about appeals from decisions on
applications for inclusion in pharmaceutical list)—
(a)
after “an application” insert “on grounds corresponding to the
conditions referred to in section 151(2), (3) or (4) as read with section
25
153”, and
(b)
omit “(by way of redetermination)”.
(11)
In section 136 of that Act (designation of priority neighbourhoods or
premises)—
(a)
in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute
30
“relevant areas”, and
(b)
after subsection (3) insert—
“(4)
“Relevant area” has the same meaning as in section 129(2)(a).”
(12)
In Schedule 12 to that Act (provision of local pharmaceutical services under
LPS schemes), in paragraph 2—
35
(a)
in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods”
substitute “relevant areas”, and
(b)
after sub-paragraph (3) insert—
    “(4)
“Relevant area” has the same meaning as in section
129(2)(a).”
40
205
Lists of performers of pharmaceutical services and assistants etc.
(1)
Omit the following provisions of the National Health Service Act 2006—

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(a)
section 146 (lists of persons performing local pharmaceutical services)
and the preceding cross-heading,
(b)
section 149 (supplementary lists), and
(c)
section 150 (further provision about supplementary lists).
(2)
After section 147 of that Act insert—
5
“Chapter 4A
Lists of performers of pharmaceutical services and assistants
“147A
Performers of pharmaceutical services and assistants
(1)
Regulations may make provision for the preparation, maintenance and
publication by the Board of one or more lists of—
10
(a)
persons approved by the Board for the purpose of assisting in
the provision of pharmaceutical services which the Board
arranges;
(b)
persons approved by the Board for the purpose of performing
local pharmaceutical services.
15
(2)
The regulations may, in particular, provide that—
(a)
a person of a prescribed description may not assist in the
provision of pharmaceutical services which the Board arranges
unless the person is included in a list prepared by virtue of
subsection (1)(a),
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(b)
a person of a prescribed description may not perform local
pharmaceutical services unless the person is included in a list
prepared by virtue of subsection (1)(b).
(3)
The regulations may, in particular, also include provision as to—
(a)
the preparation, maintenance and publication of a list,
25
(b)
eligibility for inclusion in a list,
(c)
applications for inclusion (including provision for the
procedure for applications and the documents to be supplied on
application, whether by the applicant or by arrangement with
the applicant),
30
(d)
the grounds on which an application for inclusion may or must
be granted or refused or on which a decision on such an
application may be deferred,
(e)
requirements with which a person included in a list must
comply (including the declaration of financial interests and gifts
35
and other benefits),
(f)
the grounds on which the Board may or must suspend or
remove a person from a list, the procedure for doing so, and the
consequences of doing so,
(g)
circumstances in which a person included in a list may not
40
withdraw from it,
(h)
payments to or in respect of a person suspended from a list
(including provision for the amount of the payment, or the
method of calculating it, to be determined by the Secretary of
State or a person appointed by the Secretary of State),
45
(i)
the supply to the Board by an applicant for inclusion in a list, or
by a person included in a list, of a criminal conviction certificate

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under section 112 of the Police Act 1997, a criminal record
certificate under section 113 of that Act or an enhanced criminal
record certificate under section 115 of that Act,
(j)
the criteria to be applied in making decisions under the
regulations,
5
(k)
appeals against decisions made by the Board under the
regulations, and
(l)
disclosure of information about applicants for inclusion, grants
or refusals of applications or suspensions or removals,

and may make any provision corresponding to anything in sections 151
10
to 159.
(4)
Regulations under this section may, in particular, also provide that
approval for the purposes of either paragraph (a) or paragraph (b) of
subsection (1) is to be treated for the purposes of this section as
approval for the purposes of the other paragraph (and for lists
15
prepared by virtue of that subsection to be read accordingly).
(5)
Regulations under this section may, in particular, also provide for—
(a)
a person’s inclusion in a list to be subject to conditions
determined by the Board,
(b)
the Board to vary the conditions or impose different ones,
20
(c)
the consequences of failing to comply with a condition
(including suspension or removal from a list),
(d)
the review by the Board of decisions made by it by virtue of the
regulations.
(6)
The imposition of such conditions must be with a view to—
25
(a)
preventing any prejudice to the efficiency of the services to
which a list relates, or
(b)
preventing any acts or omissions of the type described in
section 151(3)(a).
(7)
If the regulations provide under subsection (3)(f) or (5) that the Board
30
may suspend or remove a person (P) from a list, they must include
provision—
(a)
requiring P to be given notice of any allegation against P,
(b)
giving P the opportunity of putting P’s case at a hearing before
the Board makes any decision as to P’s suspension or removal,
35
and
(c)
requiring P to be given notice of the decision of the Board, the
reasons for it and any right of appeal under subsection (8) or (9).
(8)
If the regulations provide under subsection (3)(d) or (f) that the Board
may refuse a person’s application for inclusion in a list, or remove a
40
person from one, the regulations must provide for an appeal to the
First-tier Tribunal against the decision of the Board.
(9)
If the regulations make provision under subsection (5), they must
provide for an appeal by the person in question to the First-tier tribunal
against the decision of the Board—
45
(a)
to impose conditions, or any particular condition,
(b)
to vary a condition,
(c)
to remove the person from the list for breach of condition,