House of Lords portcullis
House of Lords
Session 1998-99
Internet Publications
Other Bills before Parliament
Arrangement of Clauses (Contents)

Health Bill [H.L.]
 
      (6) The scheme may-
 
 
    (a) prohibit any manufacturer or supplier to whom the scheme applies from increasing, without the approval of the Secretary of State, any price charged by him for the supply of any health service medicine covered by the scheme, and
 
    (b) provide for any amount representing any increase in contravention of that prohibition in the sums charged by that person for that medicine, so far as the increase is attributable to supplies to the health service, to be paid to the Secretary of State within a specified period.
Statutory schemes: supplementary.     29. - (1) The Secretary of State may, after consultation with the industry body, make any provision he considers necessary or expedient for the purpose of enabling or facilitating-
 
 
    (a) the introduction of a statutory scheme, or
 
    (b) the determination of the provision to be made in a proposed statutory scheme.
      (2) The provision may, in particular, require any person who may become subject to a statutory scheme to-
 
 
    (a) record and keep information,
 
    (b) provide information to the Secretary of State.
      (3) Where the Secretary of State is preparing to make or vary a statutory scheme, he may make any provision he considers necessary or expedient for transitional or transitory purposes which could be made by such a scheme.
 
Enforcement.     30. - (1) Regulations may provide for a person who contravenes any provision of regulations or directions under sections 26 to 29 to be liable to pay a penalty to the Secretary of State.
 
      (2) The penalty may be-
 
 
    (a) a single penalty not exceeding £100,000, or
 
    (b) a daily penalty not exceeding £10,000 for every day on which the contravention occurs or continues.
      (3) Regulations may provide for any amount required to be paid to the Secretary of State by virtue of section 26(4)(b), 27(b) or 28(4) or (6)(b) to be increased by an amount not exceeding 50 per cent.
 
      (4) Regulations may provide for any amount payable to the Secretary of State by virtue of provision made under section 26(4)(b), 27(b) or 28(4), (5) or (6)(b) (including such an amount as increased under subsection (3)) to carry interest at a rate specified or referred to in the regulations.
 
      (5) In this section "regulations" means regulations made by the Secretary of State.
 
      (6) The Secretary of State may by order increase (or further increase) either of the sums mentioned in subsection (2).
 
Controls: supplementary.     31. - (1) Any power conferred on the Secretary of State by sections 26(2)(a) and (3) to (5) and 27 to 29 may be exercised by-
 
 
    (a) making regulations, or
 
    (b) giving directions to a particular manufacturer or supplier,
  and the regulations may themselves confer power for the Secretary of State to give directions to a particular manufacturer or supplier.
 
      (2) Directions given under any of those provisions may be varied or revoked by subsequent directions given under the provision.
 
      (3) Any power to make regulations under any of those provisions or section 30 may be exercised generally in relation to manufacturers or suppliers of health service medicines or be exercised in relation to any class of manufacturers or suppliers.
 
      (4) The powers conferred by sections 27 to 29 are exercisable only with a view to limiting the prices which may be charged for, or the profits which may accrue to any manufacturer or supplier in connection with, the manufacture or supply of health service medicines by reference to the prices or profits which would be reasonable in all the circumstances.
 
      (5) Section 57 of, and Schedule 11 to, the 1977 Act (maximum prices of medical supplies) is to cease to have effect in relation to health service medicines; but the powers conferred by sections 26 to 29 do not affect any other powers of the Secretary of State to control prices or profits.
 
      (6) This subsection and subsections (7) and (8) apply for the interpretation of sections 26 to 30 and this section-
 
 
    "directions" means directions by an instrument in writing,
 
    "health service" has the same meaning as in the 1977 Act,
 
    "health service medicine" means a medicinal product (as defined in section 130 of the Medicines Act 1968) used to any extent for the purposes of the health service,
 
    "the industry body" means any body which appears to the Secretary of State appropriate to represent manufacturers and suppliers,
 
    "manufacture" includes assemble and "manufacturer" means any person who manufactures health service medicines,
 
    "supplier" means any person who supplies health service medicines.
      (7) References to contravention of a provision include failure to comply with it.
 
      (8) References to supplying medicines include selling them.
 
 
Evasion of charges, fraud etc.
Evasion of charges etc.     32. - (1) After section 122 of the 1977 Act there is inserted-
 
 
"Acts done with a view to evading charges etc.     122A. - (1) A person is guilty of an offence if he does any act mentioned in subsection (2) below with a view to-
 
    (a) any charge under this Act or the National Health Service (Primary Care) Act 1997 (whether payable by himself or another) being evaded or reduced, or
 
    (b) any payment or advantage under either Act being obtained for himself or another.
      (2) The acts referred to in subsection (1) above are-
 
 
    (a) knowingly making, or causing or knowingly allowing another to make, a false statement or representation, or
 
    (b) in the case of any document or information which he knows to be false in a material particular, producing or providing it or causing or knowingly allowing another to produce or provide it.
      (3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
 
      (4) A person, although he is not a barrister or solicitor, may conduct any proceedings under this section before a magistrates' court if he is authorised to do so by the Secretary of State.
 
      (5) Proceedings for an offence under this section may be begun within either of the following periods-
 
 
    (a) the period of three months beginning with the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to his knowledge,
 
    (b) the period of 12 months beginning with the commission of the offence.
      (6) For the purposes of subsection (5) above, a certificate purporting to be signed by or on behalf of the Secretary of State as to the date on which such evidence as is mentioned in paragraph (a) of that subsection came to his knowledge is conclusive evidence of that date."
 
      (2) Any power conferred by section 37 of the 1977 Act or section 17 of the National Health Service (Primary Care) Act 1997 to confer functions on the Dental Practice Board includes, in particular, power to confer functions relating to the prosecution of offences concerning charges for the provision of dental treatment and appliances.
 
Disqualification etc. of Part II practitioners.     33. - (1) For section 46 of the 1977 Act (disqualification of practitioners) there is substituted-
 
 
"The NHS tribunal.     46. - (1) The tribunal constituted in accordance with Schedule 9 to this Act shall continue under the name of "the NHS Tribunal"; and that Schedule shall continue to have effect in relation to the Tribunal.
 
    (2) If the Tribunal receive representations from a Health Authority-
 
 
    (a) that the continued inclusion of a person in any list of those undertaking to provide any services to which the list relates would be prejudicial to the efficiency of those services, or
 
    (b) that a person who is included, or who has applied to be included, in any such list has fraudulently acted in a way detrimental to any health service,
  the Tribunal shall inquire into the case.
 
      (3) If the Tribunal receive representations within subsection (2)(a) above from any other person, they may inquire into the case.
 
      (4) Representations under this section shall be made-
 
 
    (a) in the prescribed manner, and
 
    (b) in a case in which representations within subsection (2)(b) above are made relating to a person who has applied to be included in a list, within the time allowed by regulations (subject to prescribed exceptions).
      (5) In this group of sections, a "list" means-
 
 
    (a) a list of medical practitioners undertaking to provide general medical services,
 
    (b) a list of medical practitioners undertaking to provide general ophthalmic services,
 
    (c) a list of dental practitioners undertaking to provide general dental services,
 
    (d) a list of ophthalmic opticians undertaking to provide general ophthalmic services, or
 
    (e) a list of persons undertaking to provide pharmaceutical services,
  prepared (in each case) under this Part of this Act.
 
      (6) In this section and sections 46A to 49E below-
 
 
    (a) "this group of sections" means this and those sections, and
 
    (b) the NHS Tribunal is referred to as the Tribunal.
The NHS Tribunal: supplementary.     46A. - (1) For the purposes of this group of sections-
 
 
    (a) acting in a way which is detrimental to a health service includes acting in a way which is detrimental to any patient of that service,
 
    (b) "health service" means any of the health services continued under section 1(1) above or the corresponding enactments extending to Scotland and Northern Ireland and any prescribed service.
      (2) Regulations may prescribe any service for the purposes of subsection (1)(b) above which appears to the Secretary of State to be a health or medical service paid for out of public funds.
 
      (3) Below in this group of sections-
 
 
    (a) cases in which representations within section 46(2)(a) above are made are referred to as efficiency cases,
 
    (b) cases in which representations within section 46(2)(b) above are made are referred to as fraud cases.
      (4) In a fraud case-
 
 
    (a) in spite of any provision of this Part of this Act, the person subject to the inquiry has no right to be added to any list until proceedings in that case have been finally disposed of,
 
    (b) any inquiry is not affected by the person subject to the inquiry withdrawing any application to be included in any list or his removal from any list.
Powers of NHS Tribunal.     46B. - (1) If the Tribunal are of the opinion, on inquiring into an efficiency case, that the continued inclusion of the person subject to the inquiry in any list to which the case relates would be prejudicial to the efficiency of the services to which the list relates, the Tribunal shall disqualify him from inclusion in the list.
 
      (2) If the Tribunal are of the opinion, on inquiring into a fraud case, that the person subject to the inquiry has fraudulently acted in a way detrimental to any health service, the Tribunal shall disqualify him from inclusion in any list to which the case relates.
 
      (3) The Tribunal may also (in either case) disqualify the person from inclusion in any corresponding list kept by any other Health Authority under this Part.
 
      (4) If the Tribunal disqualify a person under subsection (3) above (but not conditionally), they may also declare that the person is not fit to be engaged in any capacity in the provision of the services in question (referred to in this group of sections as a declaration of unfitness).
 
      (5) The Tribunal shall not make any disqualification or declaration under this section if they are of the opinion that it would be unjust to do so.
 
      (6) A disqualification under this section which is not conditional shall have effect-
 
 
    (a) where no appeal is brought against the disqualification, from the end of the period for bringing an appeal, and
 
    (b) where an appeal is brought against the disqualification, from the time when the appeal process is exhausted.
      (7) If a person is disqualified (but not conditionally) from inclusion in any list prepared by a Health Authority, the Authority must not enter him in the list and (if he is already included in the list) must remove him from the list.
 
Conditional disqualification etc.     46C. - (1) The Tribunal may make a conditional disqualification under section 46B above, that is, a disqualification which is to come into effect only if they determine (on a review under section 47) that the person subject to the inquiry has failed to comply with any conditions imposed by them.
 
      (2) Conditions may be imposed under subsection (1) above with a view to-
 
 
    (a) removing any prejudice to the efficiency of the services in question, or
 
    (b) preventing any fraudulent acts which are detrimental to the health service,
  (as the case may be).
 
      (3) The Tribunal may by directions in writing-
 
 
    (a) vary the terms of service of the person subject to the inquiry (including terms imposed by regulations under this Part), or
 
    (b) confer functions on any Health Authority,
  for the purpose of or in connection with the imposition of any conditions under this section.
 
      (4) References below in this group of sections to a disqualification do not include a conditional disqualification".
 
      (2) For section 47 of the 1977 Act (removal of disqualification) there is substituted-
 
 
"Review etc. of disqualification.     47. - (1) The Tribunal may review any disqualification (whether or not conditional) or declaration of unfitness-
 
    (a) if the disqualified person requests a review, or
 
    (b) in any other circumstances in which they consider it appropriate.
      (2) On a review under subsection (1) above, the Tribunal may-
 
 
    (a) remove a disqualification or provide that a declaration of unfitness is to cease to have effect,
 
    (b) make a disqualification conditional,
 
    (c) in the case of a conditional disqualification, remove it, vary the conditions or make it unconditional,
 
    (d) in a fraud case where there is a disqualification (or conditional disqualification) under section 46B(2), make a disqualification (or conditional disqualification) under section 46B(3),
 
    (e) in a fraud case where there is a disqualification under section 46B(3), or the Tribunal on the review make such a disqualification or make a conditional disqualification under section 46B(3) unconditional, make a declaration of unfitness.
      (3) The Tribunal shall review any conditional disqualification if any Health Authority requests a review.
 
      (4) On a review under subsection (3) above of a conditional disqualification, the Tribunal may-
 
 
    (a) remove it, vary the conditions or make it unconditional,
 
    (b) in a fraud case where there is a conditional disqualification under section 46B(2), make a disqualification (or conditional disqualification) under section 46B(3),
 
    (c) in a fraud case where the Tribunal on the review make a conditional disqualification under section 46B(3) unconditional, make a declaration of unfitness.
      (5) The Tribunal may hold an inquiry for the purposes of any review under this section".
 
 
Miscellaneous
High security psychiatric services.     34. - (1) For section 4 of the 1977 Act (special hospitals) there is substituted-
 
 
"High security psychiatric services.     4. - (1) The duty imposed on the Secretary of State by section 1 above to provide services for the purposes of the health service includes a duty to provide hospital accommodation and services for persons who are liable to be detained under the Mental Health Act 1983 and in his opinion require treatment under conditions of high security on account of their dangerous, violent or criminal propensities.
 
    (2) The hospital accommodation and services mentioned in subsection (1) above are in this Act referred to as "high security psychiatric services".
 
      (3) High security psychiatric services shall be provided only at hospital premises at which services are provided only for the persons mentioned in subsection (1) above; and for this purpose "hospital premises" means-
 
 
    (a) a hospital; or
 
    (b) any part of a hospital which is treated as a separate unit."
      (2) In section 145(1) of the Mental Health Act 1983 (interpretation), in the definition of "the managers", paragraph (b) is omitted.
 
      (3) At the end of paragraph 10 of Schedule 2 to the 1990 Act (powers of NHS trusts to enter into NHS contracts) there is inserted-
 
 
    "(2) An NHS trust may not, as the provider, enter into an NHS contract for the provision of high security psychiatric services unless the NHS trust is approved for the purpose of this paragraph by the Secretary of State.
 
      (3) Such approval-
 
 
    (a) shall be for a period specified in the approval,
 
    (b) may be given subject to conditions, and
 
    (c) may be amended or revoked at any time."
Provision of information by Registrar General.     35. After section 124 of the 1977 Act there is inserted-
 
 
"Provision of information by Registrar General.     124A. - (1) The Registrar General may provide to the Secretary of State any information to which this section applies.
 
    (2) Any information provided under subsection (1) above shall be provided in such form as appears to the Registrar General appropriate for the purpose of assisting the Secretary of State in the performance of his functions in relation to the health service.
 
      (3) This section applies to any information-
 
 
    (a) entered in any register kept under the Births and Deaths Registration Act 1953; or
 
    (b) which is kept by the Registrar General under any other enactment and relates to any birth or death.
      (4) In subsection (3) above, "enactment" includes an enactment contained in subordinate legislation."
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 29 January 1999