Health and Social Care Bill - continued        House of Commons
SCHEDULE 9A, THE FAMILY HEALTH SERVICES APPEAL AUTHORITY - continued
PART II, PHARMACEUTICAL SERVICES - continued

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NHS contracts and financial provisions
NHS contracts.     34. - (1) In the case of a pilot scheme entered into, or to be entered into, by a single individual or body corporate, that individual or body may make an application under this section to become a health service body.
 
      (2) In the case of any other pilot scheme, all of those providing, or proposing to provide, piloted services under the scheme may together make an application under this section to become a single health service body.
 
      (3) An application must-
 
 
    (a) be made to the relevant authority in accordance with such provisions as may be made by regulations; and
 
    (b) specify the pilot scheme in relation to which it is made.
      (4) Except in such cases as may be prescribed by regulations, the relevant authority may grant an application.
 
      (5) If an application is granted, the relevant authority must specify a date in relation to that application and, as from that date-
 
 
    (a) in the case of an application under subsection (1), the applicant is, and
 
    (b) in the case of an application under subsection (2), the applicants together are,
       a health service body for the purposes of section 4 of the 1990 Act (NHS contracts).
 
      (6) That section has effect in relation to such a health service body ("a PHS body"), acting as acquirer, as if the functions referred to in subsection (1) of that section were the provision of piloted services.
 
      (7) Except in such circumstances as may be prescribed by regulations, a PHS body resulting from an application under subsection (2) is to be treated, at any time, as consisting of those who are providing piloted services under the scheme.
 
      (8) A direction as to payment made under section 4(7) of the 1990 Act against, or in favour of, a PHS body is enforceable in a county court (if the court so orders) as if it were a judgment or order of that court.
 
      (9) Regulations may provide for a PHS body to cease to be a PHS body in prescribed circumstances.
 
      (10) The relevant authority must-
 
 
    (a) maintain and publish a list of PHS bodies;
 
    (b) publish a revised copy of the list as soon as is reasonably practicable after any change is made to it.
      (11) The list is to be published in such manner as the relevant authority considers appropriate.
 
Funding of preparatory work.     35. - (1) Provision may be made by regulations for Health Authorities to make payments of financial assistance for preparatory work.
 
      (2) "Preparatory work" means work which it is reasonable for a person to undertake-
 
 
    (a) in connection with preparing proposals for a pilot scheme; or
 
    (b) in preparing for the provision by him of any piloted services.
      (3) The regulations may, in particular, include provision-
 
 
    (a) prescribing the circumstances in which payments of financial assistance may be made;
 
    (b) imposing a limit on the amount of any payment of financial assistance which a Health Authority may make in any prescribed period in respect of any one person or any one pilot scheme;
 
    (c) imposing a limit on the aggregate amount which a Health Authority may pay by way of financial assistance in any one financial year;
 
    (d) requiring a person to whom assistance is given under this section to comply with such conditions as may be imposed in accordance with prescribed requirements; and
 
    (e) for repayment in the case of a failure to comply with any condition so imposed.
Charges, recovery of payments and penalties.     36. - (1) Regulations may provide for the making and recovery, in such manner as may be prescribed, of charges for piloted services.
 
      (2) The regulations may, in particular provide for-
 
 
    (a) exemptions from charges;
 
    (b) the liability to pay charges to be disregarded in prescribed circumstances or for prescribed purposes;
 
    (c) section 122A of the 1977 Act (recovery of certain charges and payments) to apply also in relation to piloted services (with or without modification);
 
    (d) section 122B of the 1977 Act (penalties) to apply also in relation to piloted services (with or without modification).
      (3) The regulations must secure that the amount charged for any service is the same as the amount that would be charged for that service if it were provided under Part II of the 1977 Act.
 
 
General
Effect of the 1977 Act.     37. - (1) The provisions of the 1977 Act, apart from section 16D (power to direct Health Authority to exercise functions of relevant authority), apply in relation to functions of the relevant authority in relation to pilot schemes as if they were functions under Part I of the 1977 Act.
 
      (2) The 1977 Act (and in particular section 17) has effect in relation to piloted services-
 
 
    (a) subject to any provision of, or made under, this Chapter; but
 
    (b) otherwise as if those services were provided as a result of directions given under section 16D of the 1977 Act in relation to functions of the relevant authority under Part I of that Act.
      (3) The functions of a Health Authority in relation to piloted services are primary functions of the Authority for the purposes of the 1990 Act.
 
Control of entry regulations.     38. The power to make regulations under section 42 of the 1977 Act (regulations as to pharmaceutical services) includes power to prescribe the extent to which the provision of piloted services is to be taken into account in determining whether to grant an application for inclusion in a list referred to in subsection (2) of that section.
 
 
Assessing the result of pilot schemes
Assessing pilot schemes.     39. - (1) The relevant authority may not bring section 40 into force unless satisfied that pilot schemes have shown that continuing to provide for the provision of local pharmaceutical services in accordance with provisions of the kind made by pilot schemes would be in the interests of the health service or any part of the health service.
 
      (2) In determining whether to bring section 40 into force, the relevant authority must have regard, in particular, to the results of the reviews of pilot schemes conducted under section 32.
 
 
Provision for local pharmaceutical schemes
Provision for LPS schemes.     40. - (1) In the 1977 Act there shall be inserted, after section 28I-
 
 
"Local pharmaceutical services schemes.     28J. Schedule 8A makes provision with respect to the provision of local pharmaceutical services in accordance with schemes made by Health Authorities."
 
      (2) The Schedule set out in Schedule 3 to this Act shall be inserted in the 1977 Act as Schedule 8A to that Act.
 
      (3) In section 42 of the 1977 Act there shall be inserted after subsection (2)-
 
 
    "(2A) The regulations may prescribe the extent to which the provision of LP services (as defined by paragraph 1 of Schedule 8A to this Act) is to be taken into account in determining whether to grant an application for inclusion in a list."
 
 
Application of 1977 Act and other enactments
Application of enactments.     41. - (1) The relevant authority may by regulations provide for the application in relation to Schedule 8A arrangements of enactments applying in relation to-
 
 
    (a) arrangements made under section 28C of the 1977 Act (provision of personal medical or dental services); or
 
    (b) pilot schemes made under Part I of the National Health Service (Primary Care) Act 1997.
      (2) The regulations may, in particular, provide for the application of any provision with such modifications as the relevant authority considers appropriate.
 
      (3) "Schedule 8A arrangements" means arrangements made under-
 
 
    (a) an LPS scheme made under Schedule 8A to the 1977 Act; or
 
    (b) a pilot scheme.
 
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