Health and Social Care Bill - continued        House of Commons
PART I, NATIONAL HEALTH SERVICE - continued

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Abolition of NHS Tribunal.     19. The National Health Service Tribunal is abolished.
 
 
General and personal medical services, general dental services, general ophthalmic services and pharmaceutical services
Remuneration of general medical practitioners.     20. In section 29 of the 1977 Act (which makes provision for the arrangements for general medical services), subsection (4) (which prevents general medical practitioners' remuneration from consisting wholly or mainly of a fixed salary except in special circumstances) shall cease to have effect.
 
Out of hours medical services.     21. - (1) This section applies to arrangements made by-
 
 
    (a) a medical practitioner, in connection with any obligation of his to provide general medical services under arrangements under section 29 of the 1977 Act, or
 
    (b) any person (the "participant"), in connection with any obligation of his to provide personal medical services under section 28C arrangements,
       under which a service provider undertakes to provide out of hours services.
 
      (2) Regulations may make provision-
 
 
    (a) for such arrangements to be made only with service providers approved in accordance with the regulations;
 
    (b) for approval to be given, as respects out of hours services provided for persons in the area of any Health Authority, by that Authority or by another Health Authority;
 
    (c) as to steps to be taken by any Health Authority for making available information about approvals which have been given;
 
    (d) as to the procedure for applying for approval;
 
    (e) as to requirements (including requirements imposed by a Health Authority) with which an approved service provider must comply;
 
    (f) as to the suspension or withdrawal of any approval;
 
    (g) as to circumstances in which, while the arrangements are in force, there may be transferred to the service provider-
 
      (i) liabilities or obligations of the medical practitioner by virtue of Part II of the 1977 Act, or
 
      (ii) (as the case may be) liabilities or obligations of the participant by virtue of the section 28C arrangements;
 
    (h) as to criteria to be applied in making decisions under the regulations;
 
    (i) as to appeals against decisions of Health Authorities under the regulations.
      (3) In this section-
 
 
    "medical practitioner" has the same meaning as in the 1977 Act;
 
    "out of hours period" means any period specified by the regulations as such a period;
 
    "out of hours services" means general medical services or personal medical services (as the case may be) provided during part or all of an out of hours period;
 
    "section 28C arrangements" means arrangements made under section 28C of the 1977 Act;
 
    "service provider" means a person undertaking to provide out of hours services, other than a person included in the medical list of any Health Authority, or a supplementary list;
 
    "supplementary list" has the same meaning as in section 43D of the 1977 Act.
Unsuitability for inclusion in medical, dental, ophthalmic and pharmaceutical etc. lists.     22. - (1) The 1977 Act shall be amended as follows.
 
      (2) In section 29B (vacancies for medical practitioners)-
 
 
    (a) in subsection (2), after paragraph (f) there shall be inserted-
 
    "(g) the refusal by a Health Authority to nominate or approve a medical practitioner to fill a vacancy on grounds of his unsuitability for inclusion in their medical list.", and
 
    (b) after subsection (3) there shall be inserted-
 
    "(3A) If regulations include provision under subsection (2)(g), they must provide for an appeal (by way of redetermination) to the FHSAA against a Health Authority's refusal to nominate or approve a medical practitioner on grounds of unsuitability."
 
      (3) In section 36 (regulations about general dental services)-
 
 
    (a) in subsection (1)(b), for "(2) and (3)" there shall be substituted "(2) to (5)", and
 
    (b) after subsection (3) there shall be inserted-
 
    "(4) The provision which may be made by regulations under subsection (3) includes, in particular, provision for the refusal by a Health Authority to include a dental practitioner in a list referred to in subsection (1)(a) on grounds of his unsuitability for inclusion in such a list.
 
      (5) If such provision is made, the regulations-
 
 
    (a) may make provision in relation to criteria to be applied in making decisions about unsuitability, and
 
    (b) must provide for an appeal (by way of redetermination) to the FHSAA against a Health Authority's refusal to include the dental practitioner in a list on grounds of unsuitability."
      (4) Section 39 (regulations about general ophthalmic services) shall be renumbered as subsection (1) of that section, and-
 
 
    (a) in that subsection as so renumbered, in paragraph (b), after "subject to" there shall be inserted "subsections (2) and (3) below, to", and
 
    (b) after that subsection there shall be inserted-
 
    "(2) The regulations may, in particular, make provision-
 
 
    (a) for the refusal by a Health Authority to include a medical practitioner or an ophthalmic optician in a list referred to in subsection (1)(a) on grounds of his unsuitability for inclusion in such a list; and
 
    (b) in relation to criteria to be applied in making decisions about unsuitability.
      (3) If such provision is made, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against a Health Authority's refusal to include the medical practitioner or ophthalmic optician in a list on grounds of unsuitability."
 
      (5) In section 42 (regulations about pharmaceutical services)-
 
 
    (a) in subsection (3), the word "and" after paragraph (d) shall be omitted,
 
    (b) at the end of paragraph (e) there shall be inserted-
 
    "(f) for the refusal by a Health Authority to include a person in a list referred to in subsection (2)(a) on grounds of his unsuitability for inclusion in such a list;
 
    (g) in relation to criteria to be applied in making decisions about unsuitability.", and
 
    (c) after subsection (4) there shall be inserted-
 
    "(4A) If regulations include provision under subsection (3)(f) above, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against a Health Authority's refusal to include a person in a list on grounds of unsuitability."
 
      (6) In section 43 (persons authorised to provide pharmaceutical services), after subsection (2A) there shall be inserted-
 
 
    "(2AA) The regulations may, in particular, include provision-
 
 
    (a) for the refusal by a Health Authority to include a medical practitioner in such a list on grounds of his unsuitability for inclusion; and
 
    (b) in relation to criteria to be applied in making decisions about unsuitability.
      (2AB) If regulations include provision under subsection (2AA)(a) above, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against a Health Authority's refusal to include a medical practitioner in a list on grounds of unsuitability."
 
Dental corporations.     23. - (1) The 1977 Act shall be amended as follows.
 
      (2) In section 35 (arrangements for general dental services)-
 
 
    (a) in subsection (1)-
 
      (i) after "dental practitioners" there shall be inserted "or dental corporations", and
 
      (ii) after "dental practitioner" there shall be inserted "or dental corporation",
 
    (b) in subsection (2)-
 
      (i) after "dental practitioner" there shall be inserted ", or dental corporation which,",
 
      (ii) after "salary" there shall be inserted "(or, in the case of a dental corporation, a fixed rate of remuneration)", and
 
      (iii) in paragraph (b), after "practitioner" there shall be inserted "or corporation", and
 
    (c) after subsection (4) there shall be inserted-
 
    "(5) In this Act, "dental corporation" means a body corporate which carries on the business of dentistry (within the meaning of section 40 of the Dentists Act 1984)."
 
      (3) In section 36 (regulations about general dental services)-
 
 
    (a) in subsection (1)(a), after "dental practitioners" there shall be inserted "and dental corporations",
 
    (b) in subsection (1)(b), after "dental practitioner" there shall be inserted "or dental corporation",
 
    (c) in subsection (1)(d), after "dental practitioners" there shall be inserted "and dental corporations", and
 
    (d) in subsection (3), after "dental practitioner" there shall be inserted "or dental corporation".
      (4) In section 37 (Dental Practice Board), after subsection (1C) there shall be inserted-
 
 
    "(2) In subsections (1A) and (1B), references to a dental practitioner include references to a dental corporation."
 
      (5) In section 128(1) (interpretation), in the appropriate place there shall be inserted-
 
 
    ""dental corporation" has the meaning given by section 35(5);".
Declaration of financial interests, gifts, etc.     24. - (1) The 1977 Act shall be amended as follows.
 
      (2) In section 29 (arrangements and regulations for general medical services), after subsection (5) there shall be inserted-
 
 
    "(5A) Regulations may include provision as to the making of declarations about financial interests and gifts or other benefits received.
 
      (5B) Before making regulations by virtue of subsection (5A), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent medical practitioners providing general medical services."
 
      (3) In section 36 (regulations about general dental services), after subsection (1) there shall be inserted-
 
 
    "(1A) The regulations may include provision as to the making of declarations about financial interests and gifts or other benefits received.
 
      (1B) Before making regulations by virtue of subsection (1A), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent dental practitioners and dental corporations providing general dental services."
 
      (4) In section 39 (regulations about general ophthalmic services), after the subsection (3) inserted by section 22 there shall be inserted-
 
 
    "(4) The regulations may include provision as to the making of declarations about financial interests and gifts or other benefits received.
 
      (5) Before making regulations by virtue of subsection (4), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent persons providing general ophthalmic services."
 
      (5) In section 42 (regulations about pharmaceutical services)-
 
 
    (a) in subsection (3), after the paragraph (g) inserted by section 22 there shall be inserted-
 
    "(h) as to the making of declarations about financial interests and gifts or other benefits received.", and
 
    (b) after subsection (3) there shall be inserted-
 
    "(3A) Before making regulations by virtue of subsection (3)(h), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent persons providing pharmaceutical services."
 
 
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