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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

187

 

Planning and Compensation Act 1991 (c. 34)

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

5

Section 135

 

Funding of expenditure in connection with provision of pharmaceutical

services

Part 1

England

1          

In this Part of this Schedule “the NHS Act” means the National Health

10

Service Act 2006 (c. 41).

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

15

each Primary Care Trust sums not exceeding the amount allotted for

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).

20

      (4)  

In subsections (3) and (7)(b), for “(1)(b)” substitute “(1)”.

      (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

25

(b)   

in paragraph (a), for “section 228(1)(b)” substitute “section 228(1)”.

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.

30

      (2)  

Omit paragraphs 1 and 2.

      (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

35

not remuneration referable to the cost of drugs.

      (2)  

If an element is so designated, the Secretary of State must for each

financial year apportion among all Primary Care Trusts, in such

 
 

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

188

 

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.

      (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

5

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

another Primary Care Trust, the remuneration must be treated (for

the purposes of sections 228 and 229) as having been paid by the

10

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)—

(a)   

so that any apportionment relating to services associated

with the provision of drugs reflects, in the case of each

15

Primary Care Trust, the financial consequences of orders

for the provision of drugs, being orders which in the

opinion of the Secretary of State are attributable to the

Primary Care Trust in question,

(b)   

by reference to averaged or estimated amounts.

20

      (6)  

The Secretary of State may make provision for any remuneration

referable to an element designated under sub-paragraph (1) which

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.”

25

      (4)  

In paragraph 4(1)—

(a)   

for the definition of “designated” substitute—

“designate” means designate in writing (and different

designations may be made for different purposes),”,

(b)   

omit the definition of “pharmaceutical services”, and

30

(c)   

in the definition of “remuneration referable to the cost of drugs”,

omit the words “except in paragraph 1(2)(b) and”.

      (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

35

remuneration referable to the cost of drugs, the Secretary of State

may treat it as remuneration falling within paragraph 3A(1).”

Part 2

Wales

6          

In this Part of this Schedule “the NHS (Wales) Act” means the National

40

Health Service (Wales) Act 2006 (c. 42).

7          

In section 174 of the NHS (Wales) Act (public funding of Local Health

Boards) omit “and pharmaceutical” in—

(a)   

subsection (1)(a),

(b)   

subsection (2)(a) and (b), and

45

 
 

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

189

 

(c)   

subsection (12).

8          

In section 175 of the NHS (Wales) Act (financial duties of Local Health

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—

5

(a)   

subsection (2), and

(b)   

subsection (3)(b).

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)—

10

(a)   

omit “and pharmaceutical”, and

(b)   

in paragraph (a) for the words from “services under” to

“pharmaceutical services)” substitute “general ophthalmic services”.

      (3)  

In paragraph 1(2)—

(a)   

in paragraph (a) for “services as mentioned in sub-paragraph (1)(a)”

15

substitute “general ophthalmic services”, and

(b)   

omit paragraphs (b) and (c).

      (4)  

Accordingly, in the heading immediately preceding paragraph 1, omit “and

pharmaceutical”.

      (5)  

For paragraph 2 substitute—

20

“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

providing general ophthalmic services which are

25

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

attributable to the performance of its functions in that year

30

(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

pharmaceutical services or local pharmaceutical services which is

35

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

the remuneration referable to that element which is paid by each

40

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).

 
 

Health and Social Care Bill
Schedule 13 — Transitional provisions relating to s. 141

190

 

      (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.

5

      (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

10

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

15

referable to an element designated under sub-paragraph (1) which

is paid by a Local Health Board other than the Board which is

accountable for the payment to be reimbursed in such manner as

the Welsh Ministers may determine.”

      (7)  

In paragraph 4(1)—

20

(a)   

at the end of the definition of “designated” insert “and “designate”

must be read accordingly”,

(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”.

25

      (8)  

After paragraph 4(3) insert—

    “(4)  

If the Welsh Ministers do not treat such remuneration, so far as it

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).”

30

Schedule 13

Section 141(6)

 

Transitional provisions relating to s. 141

Interpretation of Schedule

1          

In this Schedule “the 1948 Act” means the National Assistance Act 1948

(c. 29).

35

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

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

40

Act—

(i)   

before the appointed day, or

 
 

Health and Social Care Bill
Schedule 13 — Transitional provisions relating to s. 141

191

 

(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

5

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

10

(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.

15

      (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

20

coming into force of section 141(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

25

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—

30

(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

35

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

40

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).

45

 
 

Health and Social Care Bill
Schedule 13 — Transitional provisions relating to s. 141

192

 

      (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

5

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 141(1)(b).

10

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.

      (2)  

In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for

15

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.

      (3)  

No liability proceedings may be begun, or continued, on or after the

20

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.

      (5)  

Where liability proceedings begun before the appointed day resulted in a

25

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

Act for the coming into force of section 141(1)(c).

30

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

than an offence in respect of accommodation being provided to a person in

35

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

the refusal or neglect (or alleged refusal or neglect) began to be provided

40

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 141(1)(d).

 
 

Health and Social Care Bill
Schedule 13 — Transitional provisions relating to s. 141

193

 

Transitional cases under paragraph 19(1) of Schedule 6 to the 1948 Act

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,

5

(b)   

on the repeal of that enactment by the 1948 Act, that liability was

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

10

that person for the purposes of the 1948 Act) did not have effect to

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).

15

      (3)  

Where that liability is brought to an end by this Act and an order of a court

made before the appointed day requires the making of payments on account

of that liability, this Act—

(a)   

does not end liability to make payments under the order that should

have been (but were not) made before the appointed day, and

20

(b)   

does not prevent enforcement after the appointed day (whether by

proceedings or otherwise) of the order so far as it relates to payments

required by it to be made before the appointed day.

      (4)  

In this paragraph “the appointed day” means the day appointed under this

Act for the coming into force of section 141(1)(e).

25

Transitional cases under paragraph 19(2) of Schedule 6 to the 1948 Act

7     (1)  

Sub-paragraphs (2) and (3) apply where an order of court, or agreement,

such as is mentioned in sub-paragraph (2) of paragraph 19 of Schedule 6 to

the 1948 Act has effect at any time on or after 5th July 1948 by virtue of that

sub-paragraph.

30

      (2)  

If the order or agreement has not ceased to have effect before the appointed

day, it ceases to have effect as from the beginning of that day; but this is

subject to sub-paragraph (3).

      (3)  

Where the order or agreement ceases to have effect as a result of the

operation of this Act, this Act—

35

(a)   

does not end liability to make payments under the order or

agreement that should have been (but were not) made before the

appointed day, and

(b)   

does not prevent enforcement after the appointed day (whether by

proceedings or otherwise) of the order or agreement so far as it

40

relates to payments required by virtue of the order or agreement to

be made before the appointed day.

      (4)  

In this paragraph “the appointed day” means the day appointed under this

Act for the coming into force of section 141(1)(f).

 
 

 
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