Health and Social Care Bill - continued        House of Commons

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SCHEDULE 5
 
  MINOR AND CONSEQUENTIAL AMENDMENTS
  PART I
  NATIONAL HEALTH SERVICE
 
Health Services and Public Health Act 1968 (c. 46)
     1. - (1) The Health Services and Public Health Act 1968 shall be amended as follows.
 
      (2) In section 59 (extension of power of user by Crown of patented invention to user for certain health services)-
 
 
    (a) in subsection (1), after "pharmaceutical services," insert "local pharmaceutical services,"; and
 
    (b) after section 59(2A) insert-
 
    "(2B) In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under-
 
 
    (a) a pilot scheme established under section 30 of the Health and Social Care Act 2001;
 
    (b) an LPS scheme established under Schedule 8A to the National Health Service Act 1977; or
 
    (c) any corresponding provision of the law in force in the Isle of Man.".
      (3) In section 63 (provision of instruction for certain persons employed in health or welfare activities), after subsection (2)(ba) insert-
 
 
    "(bb) the provision of a local pharmaceutical service under a pilot scheme established under section 30 of the Health and Social Care Act 2001 or under an LPS scheme established under Schedule 8A to the 1977 Act or under any corresponding provision of the law in force in the Isle of Man and an activity involved in or connected with the provision of such a service;".
 
House of Commons Disqualification Act 1975 (c. 24)
     2. In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (which lists bodies of which all members are disqualified for membership of the House of Commons), for the entry relating to a Medical Practices Committee substitute-
 
 
    "The Medical Practices Committee constituted under section 3 of the National Health Service (Scotland) Act 1978."
 
Patents Act 1977 (c. 37)
     3. In section 56 of the Patents Act 1977 (interpretation, etc. of provisions about Crown use), after subsection (4)(a)(ii) insert, or-
 
 
      "(iii) local pharmaceutical services provided under a pilot scheme established under section 30 of the Health and Social Care Act 2001 or an LPS scheme established under Schedule 8A to the National Health Service Act 1977, or under any corresponding provision of the law in force in the Isle of Man".
 
National Health Service Act 1977 (c. 49)
     4. - (1) The National Health Service Act 1977 shall be amended as follows.
 
      (2) Section 7 (Medical Practices Committee) is omitted.
 
      (3) In section 17(3) (Secretary of State's functions: exercise of functions)-
 
 
    (a) in paragraph (a), for "paragraph 9" substitute "paragraph 8 or 9"; and
 
    (b) in paragraph (b), after "health service;" insert-
 
    "(bb) paragraph 16(5) of Schedule 2 to the National Health Service and Community Care Act 1990 (terms and conditions of staff of NHS trusts)".
      (4) Section 34 (regulations for Medical Practices Committee) is omitted.
 
      (5) Sections 46 to 49E (which together provide for the constitution and powers of the National Health Service Tribunal and other connected matters) and the heading preceding section 46 are omitted.
 
      (6) In section 85 (default powers), in subsection (1), omit paragraph (d).
 
      (7) In section 99 (regulation of financial arrangements), in subsection (1) after paragraph (ba) insert-
 
 
    "(bb) Patients' Forums,".
      (8) In section 100 (payments of expenses of certain bodies), in subsection (1), omit paragraph (c).
 
      (9) In section 102 (allowances and remuneration for members of certain bodies), omit the following-
 
 
    (a) in subsection (1), paragraph (a)(ii), and
 
    (b) in subsection (2), paragraph (a).
      (10) In section 103 (special arrangements as to payment of remuneration)-
 
 
    (a) in subsection (3), after "pharmaceutical services" insert "or such local pharmaceutical services";
 
    (b) in subsection (3)(a), after "of this Act" insert "or by virtue of Schedule 8A to this Act"; and
 
    (c) after subsection (3) insert-
 
    "(4) In subsection (3), "local pharmaceutical services" has the meaning given by paragraph 1(3) of Schedule 8A to this Act.
 
      (5) In subsection (3)-
 
 
    (a) the reference to local pharmaceutical services includes a reference to local pharmaceutical services provided under pilot schemes established under section 30 of the Health and Social Care Act 2001 and, in that case, "local pharmaceutical services" has the meaning given by that section; and
 
    (b) in respect of local pharmaceutical services provided under such schemes, the reference to Schedule 8A is a reference to that section.".
      (11) In Schedule 5A to that Act (Primary Care Trusts: remuneration and pensions etc), in the cross-heading preceding paragraph 11, "of members" shall be added at the end.
 
      (12) Schedule 9 (tribunal for purposes of section 46) is omitted.
 
      (13) In Schedule 12A (expenditure of Health Authorities and Primary Care Trusts)-
 
 
    (a) in paragraph 7(1), after the definition of "pharmaceutical services" insert;
 
 
    " local pharmaceutical services has the meaning given by paragraph 1(3) of Schedule 8A to this Act;
    "remuneration referable to the cost of drugs" includes (except in paragraph 1(2)(b) and subject to sub-paragraph (2)) remuneration payable to persons providing local pharmaceutical services";
 
    (b) in paragraph 7(2), after "pharmaceutical services" insert "or local pharmaceutical services";
 
    (c) after paragraph 7(3) insert-
 
    "(4) In this paragraph references to local pharmaceutical services include references to local pharmaceutical services provided under pilot schemes established under section 30 of the Health and Social Care Act 2001, in which case that expression has the meaning given by that section."
 
 
Copyright, Designs and Patents Act 1988 (c. 48)
     5. In section 240 of the Copyright, Designs and Patents Act 1988 (Crown use of designs), after subsection (4)(b) insert "or
 
 
    (c) local pharmaceutical services provided under-
 
      (i) a pilot scheme established under section 30 of the Health and Social Care Act 2001; or
 
      (ii) an LPS scheme established under Schedule 8A to the National Health Service Act 1977.".
 
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 46)
     6. In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), after paragraph (b) insert "or as a person providing local pharmaceutical services under a pilot scheme established by a Health Authority under section 30 of the Health and Social Care Act 2001 or under an LPS scheme established by a Health Authority under Schedule 8A to the National Health Service Act 1977;".
 
 
Tribunals and Inquiries Act 1992 (c. 53)
     7. In the Tribunals and Inquiries Act 1992, omit the following-
 
 
    (a) in section 11 (appeal to the court from certain tribunals), in subsection (1), "33(b),"; and
 
    (b) in Schedule 1 (tribunals under the supervision of the Council on Tribunals), paragraph 33(b).
 
National Health Service (Primary Care) Act 1997 (c. 46)
     8. - (1) The National Health Service (Primary Care) Act 1997 shall be amended as follows.
 
      (2) In section 1 (pilot schemes)-
 
 
    (a) in subsection (2), after "dental services" insert ", and may not combine arrangements for the provision of personal medical services or personal dental services with arrangements for the provision of local pharmaceutical services under LPS schemes (within the meaning of paragraph 1(3) of Schedule 8A to the National Health Service Act 1977) or under pilot schemes made under section 30 of the Health and Social Care Act 2001"; and
 
    (b) in subsection (8), in the definition of "personal dental services", after "general dental practitioner" insert "(or, in England and Wales, a dental corporation)".
      (3) In section 5 (approval of pilot schemes), for subsection (5) substitute-
 
 
    "(5) In carrying out his functions under subsection (4) in relation to the distribution of general practitioners in Scotland, the Secretary of State must consult the Scottish Medical Practices Committee."
 
      (4) In section 21 (provision of personal medical or dental services), in subsection (2)(a) of the section 28C to be inserted into the 1977 Act, after "dental services" insert ", and may not combine arrangements for the provision of personal medical services or personal dental services with arrangements for the provision of local pharmaceutical services under LPS schemes (within the meaning of paragraph 1(3) of Schedule 8A to this Act) or under pilot schemes made under section 30 of the Health and Social Care Act 2001
 
 
Health Act 1999 (c. 8)
     9. - (1) The Health Act 1999 shall be amended as follows.
 
      (2) In section 10 (which supersedes the provision about remuneration for services under Part II of the 1977 Act made by section 7 of the Health and Social Security Act 1984), in subsection (1), for "sections 29(4) and 35(2)" in subsection (6) of the new section 43B of the 1977 Act, substitute "section 35(2)".
 
      (3) In section 66 of the Health Act 1999 (devolution), in subsection (5), omit the words "(ccc) sections 46 to 49E".
 
 
Local Government Act 2000 (c. 22)
     10. In section 32 of the Local Government Act 2000 (alternative arrangements), in subsection (3), after "Schedule 1" insert ", any provision made under section 7 of the Health and Social Care Act 2001 or any provisions of section 9 of, and Schedule 1 to, that Act".
 
 
Freedom of Information Act 2000 (c. 36)
     11. In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), after paragraph 45 insert-
 
 
  " 45A. Any person providing local pharmaceutical services under-
 
    (a) a pilot scheme established under section 30 of the Health and Social Care Act 2001; or
 
    (b) an LPS scheme established under Schedule 8A to the National Health Service Act 1977,
  in respect of information relating to the provision of those services.".
 
 
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