|
| |
|
56 | In section 118 (persons eligible to enter into general ophthalmic services |
| |
contracts), in subsection (1), for “A Primary Care Trust” substitute “The |
| |
| |
57 | In section 119 (exclusion of contractors), for “a Primary Care Trust” |
| |
| 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 |
| |
(2) | In the following provisions, for “a Primary Care Trust” substitute “the |
| |
| |
(a) | subsection (1), in each place it occurs, |
| |
| 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 |
| |
| |
| |
(a) | for “A Primary Care Trust” substitute “The Board”, and |
| 25 |
(b) | at the end insert “or primary ophthalmic services that fall within |
| |
| |
(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 |
| |
| |
| |
(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”. |
| |
| |
(a) | for “A Primary Care Trust” substitute “The Board”, and |
| |
(b) | in paragraphs (a) and (b), for “the Primary Care Trust” substitute |
| 40 |
| |
|
| |
|
| |
|
| |
| |
63 (1) | Section 126 (arrangements for pharmaceutical services) is amended as |
| |
| |
(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”. |
| |
| |
64 (1) | Section 127 (arrangements for additional pharmaceutical services) is |
| 10 |
| |
(2) | In subsections (1)(a) and (b) and (2), for “a Primary Care Trust”, substitute |
| |
| |
(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 |
| |
| |
(2) | In subsection (1), for “the Primary Care Trust to which they apply” |
| |
| |
(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 |
| |
| |
(2) | In subsection (1), for “a Primary Care Trust” substitute “the Board”. |
| |
| 25 |
| |
(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”, |
| |
| 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 |
|
| |
|
| |
|
| |
(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 |
| |
| |
(8) | In subsection (6)(c)— |
| |
(a) | for “the Primary Care Trust”, in the first place it appears, substitute |
| |
| 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 |
| |
| 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 |
| |
| |
(2) | In subsections (1) and (4)(a), (b), (c), (d) and (e), for “a Primary Care Trust” |
| |
| 25 |
| |
(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,”. |
| |
| |
(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 |
| |
| |
(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 |
| |
(3) | In subsection (1)(b), for “any such area or part” substitute “any part of |
| |
| |
|
| |
|
| |
|
(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”. |
| |
| |
(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)”, |
| |
| |
(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 |
| |
(2) | In subsection (1), for “Primary Care Trusts” substitute “the Board”. |
| |
(3) | In subsections (2) and (3), for “the Primary Care Trust concerned” substitute |
| |
| |
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 |
| |
| |
76 (1) | In section 144 (local pharmaceutical services schemes)— |
| |
(a) | for “Primary Care Trusts” substitute “the Board or the Secretary of |
| 25 |
| |
(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 |
| |
(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. |
| |
| |
(a) | for “a Primary Care Trust” substitute “the Board”, and |
| |
(b) | for “the Primary Care Trust” substitute “the Board”. |
| 40 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| 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 |
| |
| 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 |
| |
| |
(4) | In subsections (3), (4) and (5)(a) and (b) for “the Primary Care Trust” |
| 25 |
| |
(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, |
| |
| 30 |
(3) | In subsection (3), for “a Primary Care Trust” substitute “the Board”. |
| |
| |
(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 |
| |
(a) | in paragraph (a), for “no Primary Care Trust or” substitute “neither |
| |
| |
|
| |
|
| |
|
(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” |
| |
| |
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 |
| |
| |
(2) | In subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the |
| |
| 10 |
(3) | In subsections (2)(c) and (3), for “the Primary Care Trust” substitute “the |
| |
| |
89 (1) | Section 164 (remuneration for persons providing pharmaceutical services) is |
| |
| |
(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 |
| |
(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 |
| |
| |
(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” |
| |
| |
(b) | in sub-paragraphs (2), (3), (4) and (5)(a) and (b), for “a Primary Care |
| |
Trust” substitute “the Board”, |
| 40 |
|
| |
|
| |
|
(c) | in sub-paragraph (3)(b), for “the Primary Care Trust” substitute “the |
| |
| |
(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” |
| |
| 10 |
(5) | In paragraph 4 (preliminary approval)— |
| |
(a) | in sub-paragraphs (1) and (4), for “a Primary Care Trust” substitute |
| |
| |
(b) | in sub-paragraph (2), for “The Primary Care Trust” substitute “The |
| |
| 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 |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
(ii) | omit “or Strategic Health Authorities”, |
| |
|
| |
|