Health and Social Care Bill

Session 2010 - 11
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Health and Social Care Bill

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 6 — Ophthalmic services
276

56
In section 118 (persons eligible to enter into general ophthalmic services
contracts), in subsection (1), for “A Primary Care Trust” substitute “The
Board”.
57
In section 119 (exclusion of contractors), for “a Primary Care Trust”
substitute “the Board”.
5
58
In section 120 (general ophthalmic services contracts: payments), in
subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.
59
In section 121 (general ophthalmic services contracts: other required terms),
in subsection (3)(a), for “a Primary Care Trust” substitute “the Board”.
60    (1)
Section 123 (persons performing primary ophthalmic services) is amended
10
as follows.
      (2)
In the following provisions, for “a Primary Care Trust” substitute “the
Board”—
(a)
subsection (1), in each place it occurs,
(b)
subsection (3)(j),
15
(c)
subsection (4)(a), (b) and (d), and
(d)
subsection (7)(a) and (b).
      (3)
In subsection (2), for paragraph (b) substitute—
“(b)
the Board is responsible for an ophthalmic service if it secures
its provision by or under any enactment.”
20
      (4)
In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
61    (1)
Section 124 (primary ophthalmic services: assistance and support) is
amended as follows.
      (2)
In subsection (1)—
(a)
for “A Primary Care Trust” substitute “The Board”, and
25
(b)
at the end insert “or primary ophthalmic services that fall within
section 115(4)”.
      (3)
In subsection (2), for “a Primary Care Trust” substitute “the Board”, and for
“the Primary Care Trust” substitute “the Board”.
62    (1)
Section 125 (Local Optical Committees) is amended as follows.
30
      (2)
In subsection (1), for the words from the beginning to “other Primary Care
Trusts” substitute “The Board may recognise a committee formed for an
area”.
      (3)
In subsection (3)—
(a)
in paragraph (a), omit “, whether under section 115(4)(a), or”, and
35
(b)
in paragraph (b), for “the Primary Care Trust” substitute “the Board”.
      (4)
In subsection (7), for “a Primary Care Trust” substitute “the Board”.
      (5)
In subsection (10)—
(a)
for “A Primary Care Trust” substitute “The Board”, and
(b)
in paragraphs (a) and (b), for “the Primary Care Trust” substitute
40
“the Board”.

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 7 — Pharmaceutical services
277

Part 7
Pharmaceutical services
63    (1)
Section 126 (arrangements for pharmaceutical services) is amended as
follows.
      (2)
In subsection (1), for “Each Primary Care Trust” substitute “The Board”.
5
      (3)
In subsection (3), for the words from “as respects” to “that area” substitute
“for the provision to persons who are in England”.
      (4)
In subsection (6), for “a Primary Care Trust” substitute “the Board”.
      (5)
Omit subsection (7).
64    (1)
Section 127 (arrangements for additional pharmaceutical services) is
10
amended as follows.
      (2)
In subsections (1)(a) and (b) and (2), for “a Primary Care Trust”, substitute
“the Board”.
      (3)
In subsection (1)(a), for “within or outside its area” substitute “in England”.
      (4)
In subsection (2), omit the words from “(whether” to the end.
15
65    (1)
Section 128 (terms and conditions of arrangements under section 127) is
amended as follows.
      (2)
In subsection (1), for “the Primary Care Trust to which they apply”
substitute “the Board”.
      (3)
In subsection (4), for “A Primary Care Trust” substitute “The Board”.
20
      (4)
In subsection (5), for “a Primary Care Trust” substitute “the Board”.
66    (1)
Section 129 (regulations as to pharmaceutical services) is amended as
follows.
      (2)
In subsection (1), for “a Primary Care Trust” substitute “the Board”.
      (3)
In subsection (2)—
25
(a)
in paragraph (a)—
(i)
for “a Primary Care Trust” substitute “the Board”, and
(ii)
for “the area of the Primary Care Trust” substitute “England”,
(b)
in paragraph (b), for “a Primary Care Trust” substitute “the Board”,
and
30
(c)
in paragraph (c), for “the Primary Care Trust” substitute “the Board”.
      (4)
After subsection (2ZA) (inserted by section 204(3)) insert—
“(2ZB)
Regulations under subsection (2)(a) may, in particular, require a list
of persons to be prepared by reference to the area in which the
premises from which the services are provided are situated (and
35
regulations imposing that requirement must prescribe the
description of area by reference to which the list is to be prepared).”
      (5)
In subsection (2A), for “The Primary Care Trust” substitute “The Board”,
      (6)
In subsections (2C), (3A), (4), (5) and (8), for “the Primary Care Trust”, in
each place it appears, substitute “the Board”.
40

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 7 — Pharmaceutical services
278

      (7)
In subsection (6)—
(a)
in paragraphs (za), (a), (b), (c), (d), (g), (h), (i), (j) and (k), for “a
Primary Care Trust” substitute “the Board”,
(b)
in paragraphs (b), (e) and (k), for “the Primary Care Trust”, in each
place it appears, substitute “the Board”, and
5
(c)
in paragraph (f), for “that Primary Care Trust” substitute “the
Board”.
      (8)
In subsection (6)(c)—
(a)
for “the Primary Care Trust”, in the first place it appears, substitute
“the Board”, and
10
(b)
omit “in the area of the Primary Care Trust”.
      (9)
In subsection (10A), for “Primary Care Trusts” substitute “The Board”.
67
In section 130 (regulations about appeals from decisions on applications for
inclusion in pharmaceutical list), in subsection (2)—
(a)
for “a Primary Care Trust” substitute “the Board”, and
15
(b)
for “the Primary Care Trust” substitute “the Board”.
68    (1)
Section 131 (power to charge fee to applicants) is amended as follows.
      (2)
In subsection (1), for “a Primary Care Trust” substitute “the Board”.
      (3)
In subsections (2)(b), (3)(b) and (5), for “the Primary Care Trust” substitute
“the Board”.
20
      (4)
In subsection (3)(a), omit the words from “and such” to the end.
69    (1)
Section 132 (persons authorised to provide pharmaceutical services) is
amended as follows.
      (2)
In subsections (1) and (4)(a), (b), (c), (d) and (e), for “a Primary Care Trust”
substitute “the Board”.
25
      (3)
In subsection (3)—
(a)
for “each Primary Care Trust” substitute “the Board”, and
(b)
for “the Primary Care Trust” substitute “the Board”.
      (4)
In subsection (4), after paragraph (a) insert—
“(aa)
requiring a list of medical practitioners referred to in
30
subsection (3) to be prepared by reference to an area of a
prescribed description,”.
      (5)
In subsection (5)—
(a)
for “a Primary Care Trust” substitute “the Board”, and
(b)
for “the Primary Care Trust” substitute “the Board”.
35
70    (1)
Section 133 (inadequate provision of pharmaceutical services) is amended as
follows.
      (2)
In subsection (1)(a)—
(a)
for “the area, or part of the area, of a Primary Care Trust” substitute
“any part of England”, and
40
(b)
omit “area or”.
      (3)
In subsection (1)(b), for “any such area or part” substitute “any part of
England”.

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 7 — Pharmaceutical services
279

      (4)
In subsection (2)(a), for “the Primary Care Trust” substitute “the Board”.
71    (1)
Section 134 (pilot schemes) is amended as follows.
      (2)
In subsection (1), for “Primary Care Trusts” substitute “The Board”.
      (3)
In subsection (2)—
(a)
in paragraph (a), for “a Primary Care Trust” substitute “the Board”,
5
(b)
after that paragraph insert “and”,
(c)
in paragraph (b), omit “(otherwise than by the Primary Care Trust)”,
and
(d)
omit paragraph (c) and the preceding “and”.
      (4)
In subsection (5), for “a Primary Care Trust” substitute “the Board”.
10
72
In section 136 (designation of priority neighbourhoods or premises), in
subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the Board.”
73
In section 137 (reviews of pilot schemes), in subsection (3)(a), for “the
Primary Care Trust concerned” substitute “the Board”.
74    (1)
Section 138 (variation and termination of pilot schemes) is amended as
15
follows.
      (2)
In subsection (1), for “Primary Care Trusts” substitute “the Board”.
      (3)
In subsections (2) and (3), for “the Primary Care Trust concerned” substitute
“the Board”.
75    (1)
Section 140 (funding of preparatory work) is amended as follows.
20
      (2)
In subsection (1), for “Primary Care Trusts” substitute “the Board”.
      (3)
In subsection (3)(b) and (c), for “a Primary Care Trust” substitute “the
Board”.
76    (1)
In section 144 (local pharmaceutical services schemes)—
(a)
for “Primary Care Trusts” substitute “the Board or the Secretary of
25
State”, and
(b)
omit “or Strategic Health Authorities”.
      (2)
In consequence of the repeal made by sub-paragraph (1)(b), omit section
29(4) of the Health Act 2009.
77    (1)
Section 148 (conditional inclusion in pharmaceutical lists) is amended as
30
follows.
      (2)
In subsection (1), in paragraph (a), for “the Primary Care Trust in whose list
he is included” substitute “the Board”.
      (3)
In subsections (1)(b), (c) and (e), (3)(a) and (b)(ii) and (iii) and (4), for “the
Primary Care Trust”, in each place it appears, substitute “the Board”.
35
      (4)
In subsection (6), for “a Primary Care Trust” substitute “the Board”.
78    (1)
Section 150A (notices and penalties) is amended as follows.
      (2)
In subsection (1)—
(a)
for “a Primary Care Trust” substitute “the Board”, and
(b)
for “the Primary Care Trust” substitute “the Board”.
40

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 7 — Pharmaceutical services
280

      (3)
In subsection (2), for “Primary Care Trusts” substitute “the Board”.
79    (1)
Section 151 (disqualification of practitioners) is amended as follows.
      (2)
In subsection (1), for “a Primary Care Trust” substitute “the Board”.
      (3)
In subsection (5), for “the Primary Care Trust” substitute “the Board”.
      (4)
In subsection (6), for “The Primary Care Trust” substitute “The Board”.
5
80    (1)
Section 152 (contingent removal) is amended as follows.
      (2)
In subsections (1) and (3), for “the Primary Care Trust” substitute “the
Board”.
      (3)
In subsection (4), for “The Primary Care Trust” substitute “The Board”.
81
In section 154 (suspension), in subsections (1), (3), (4), (6)(b) and (c) and (8)
10
(in each place it appears), for “the Primary Care Trust” substitute “the
Board”.
82    (1)
Section 155 (suspension pending removal) is amended as follows.
      (2)
In subsections (1), (3) and (6), for “the Primary Care Trust” substitute “the
Board”.
15
      (3)
In subsection (5), for “The Primary Care Trust” substitute “The Board”.
83    (1)
Section 157 (review of decisions) is amended as follows.
      (2)
In subsection (1), for “The Primary Care Trust” substitute “The Board”.
      (3)
In subsections (2)(a) and (3), for “the Primary Care Trust” substitute “the
Board”.
20
84    (1)
Section 158 (appeals) is amended as follows.
      (2)
In subsection (1), for “a Primary Care Trust” substitute “the Board”.
      (3)
In subsections (2) and (6), for “The Primary Care Trust” substitute “The
Board”.
      (4)
In subsections (3), (4) and (5)(a) and (b) for “the Primary Care Trust”
25
substitute “the Board”.
      (5)
In subsection (7), for “Primary Care Trusts” substitute “the Board”.
85    (1)
Section 159 (national disqualification) is amended as follows.
      (2)
In subsection (1), for “each Primary Care Trust”, in each place it appears,
substitute “the Board”.
30
      (3)
In subsection (3), for “a Primary Care Trust” substitute “the Board”.
      (4)
In subsection (4)—
(a)
for “The Primary Care Trust” substitute “The Board”, and
(b)
for “the Primary Care Trust” substitute “the Board”.
      (5)
In subsection (5), for “the Primary Care Trust’s” substitute “the Board’s”.
35
      (6)
In subsection (6)—
(a)
in paragraph (a), for “no Primary Care Trust or” substitute “neither
the Board nor a”, and

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 7 — Pharmaceutical services
281

(b)
in paragraph (b), for “each Primary Care Trust” substitute “the Board
(if he is included in a list prepared by it)”.
86
In section 160 (notification of decisions), for “a Primary Care Trust”
substitute “the Board”.
87
In section 161 (withdrawal from lists), in paragraphs (a) and (b), for “a
5
Primary Care Trust” substitute “the Board”.
88    (1)
Section 162 (regulations about decisions under Chapter 6 of Part 7) is
amended as follows.
      (2)
In subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the
Board”.
10
      (3)
In subsections (2)(c) and (3), for “the Primary Care Trust” substitute “the
Board”.—
89    (1)
Section 164 (remuneration for persons providing pharmaceutical services) is
amended as follows.
      (2)
In subsection (3)(b), for “any Primary Care Trust” substitute “the Board”.
15
      (3)
In subsection (4A)(a), for “a Primary Care Trust” substitute “the Board”.
90    (1)
Section 166 (indemnity cover) is amended as follows.
      (2)
In subsection (2)(b)—
(a)
for “a Primary Care Trust” substitute “the Board”, and
(b)
for “the Primary Care Trust”, in each place it appears, substitute “the
20
Board”.
      (3)
In subsection (3), in paragraph (a) of the definition of “indemnity cover”, for
“a Primary Care Trust” substitute “the Board”.
91    (1)
Section 167 (local pharmaceutical committees) is amended as follows.
      (2)
In subsection (1), for the words from the beginning to “other Primary Care
25
Trusts,” substitute “The Board may recognise a committee formed for an
area”.
      (3)
In subsections (2)(a) and (3)(a), omit “in the Primary Care Trust’s area”.
      (4)
In subsections (2)(a) and (b), (3)(a) and (b), (9), (10) and (11), for “the Primary
Care Trust” substitute “the Board”.
30
      (5)
In subsections (6) and (7), for “a Primary Care Trust” substitute “the Board”.
      (6)
In subsection (9), for “A Primary Care Trust” substitute “The Board”.
92    (1)
Schedule 11 (pilot schemes) is amended as follows.
      (2)
In paragraph 1 (initiation of pilot schemes), in sub-paragraph (1)(a), for “a
Primary Care Trust” substitute “the Board”.
35
      (3)
In paragraph 2 (preliminary steps)—
(a)
in sub-paragraph (1), for “the Primary Care Trust concerned”
substitute “the Board”,
(b)
in sub-paragraphs (2), (3), (4) and (5)(a) and (b), for “a Primary Care
Trust” substitute “the Board”,
40

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 7 — Pharmaceutical services
282

(c)
in sub-paragraph (3)(b), for “the Primary Care Trust” substitute “the
Board”, and
(d)
in sub-paragraph (5)(d)—
(i)
for “Primary Care Trusts” substitute “the Board”, and
(ii)
for “them” substitute “it”.
5
      (4)
In paragraph 3 (approvals)—
(a)
in sub-paragraphs (2) and (3)(b), for “the Primary Care Trust”
substitute “the Board”, and
(b)
in sub-paragraph (3)(a), for “the Primary Care Trust concerned”
substitute “the Board”.
10
      (5)
In paragraph 4 (preliminary approval)—
(a)
in sub-paragraphs (1) and (4), for “a Primary Care Trust” substitute
“the Board”, and
(b)
in sub-paragraph (2), for “The Primary Care Trust” substitute “The
Board”.
15
      (6)
In paragraph 5 (effect of proposals on existing services)—
(a)
in sub-paragraph (1)(a)—
(i)
for “the Primary Care Trust”, in the first place it appears,
substitute “the Board”, and
(ii)
for “the area of the Primary Care Trust” substitute “the area
20
concerned”,
(b)
in sub-paragraph (1)(b), for the words from “supplied” to the end
substitute “prepared under sub-paragraph (3)”,
(c)
in sub-paragraph (3)—
(i)
for “a Primary Care Trust” substitute “the Board”,
25
(ii)
for “the area of another Primary Care Trust” substitute
“another area”, and
(iii)
for “consult that other Primary Care Trust about” substitute
“prepare an assessment of the likely effect on those services
of the implementation of”, and
30
(d)
omit sub-paragraph (4).
      (7)
In paragraph 7 (making a scheme)—
(a)
in sub-paragraphs (1), (2) and (4), for “the Primary Care Trust
concerned” substitute “the Board”, and
(b)
in sub-paragraph (1), for “the Primary Care Trust must” substitute
35
“the Board must”.
      (8)
Any pilot scheme under Chapter 2 of Part 7 of the National Health Service
Act 2006 having effect immediately before the commencement of this
paragraph is to continue to have effect as if it had been established by the
Board; and nothing in this paragraph or paragraphs 57 to 61 affects the
40
validity of anything done under or for the purposes of the scheme.
93    (1)
Schedule 12 (LPS schemes) is amended as follows.
      (2)
In paragraph 1 (provision of local pharmaceutical services)—
(a)
in sub-paragraph (1)—
(i)
for “Primary Care Trusts” substitute “The Board or the
45
Secretary of State”, and
(ii)
omit “or Strategic Health Authorities”,