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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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              (a)             after “medicines” insert “and listed appliances”;

              (b)             for “general dental services” substitute “primary dental services”.

  19       In section 43(1), for “general medical services or general dental services”

substitute “primary medical services or primary dental services under Part

1 above”.

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  20       In section 43D(10)—

              (a)             omit paragraphs (a) and (b);

              (b)             for the words from “paragraphs” to “a services list prepared by”

substitute “paragraphs (c) to (e), a supplementary list, a list under

section 28X or a list corresponding to a list under section 28X

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prepared by”.

  21      (1)      Section 44 is amended as follows.

          (2)      In the side-note, for “local representative committees” substitute “Local

Optical Committees and Local Pharmaceutical Committees”.

          (3)      Omit subsections (ZA1) to (B1).

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          (4)      In subsection (1)—

              (a)             for the words from “a Health Authority” to “their area” substitute “a

Local Health Board is satisfied that a committee formed for its area,

or for its area and that of one or more other Local Health Boards”;

              (b)             for “the Health Authority” substitute “the Local Health Board”.

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          (5)      Omit subsections (3)(a) to (d) and (5).

  22      (1)      Section 45 is amended as follows.

          (2)      In the side-note, for “local representative committees” substitute “Local

Optical Committees and Local Pharmaceutical Committees”.

          (3)      In subsection (1)—

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              (a)             for “Health Authorities” substitute “Local Health Boards”;

              (b)             omit paragraph (b).

          (4)      In subsection (1ZA), omit paragraph (b) and the preceding “or”.

          (5)      In subsection (1A)—

              (a)             omit “Strategic Health Authority”;

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              (b)             for “Health Authority” substitute “Local Health Board”.

          (6)      In subsection (1C), for the words from “an area” to the end substitute “an

area under subsection (B2)(b)(ii) of section 44 above shall, in respect of each

year, determine the amount of its administrative expenses for that year

attributable to the persons providing local pharmaceutical services in the

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Primary Care Trust’s area”.

          (7)      In subsection (2), for “Health Authority”, in both places, substitute “Local

Health Board”.

          (8)      In subsection (3)—

              (a)             for “Health Authority”, in both places, substitute “Local Health

40

Board”;

              (b)             omit “general medical services, general dental services,”.

          (9)      In subsection (4), for the words from “deputy medical practitioners” to “as

the case may be” substitute “persons providing local pharmaceutical

services”.

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Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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  23       After section 45 insert—

       “45A            Local Medical Committees

              (1)             A Primary Care Trust may recognise a committee formed for its area,

or for its area and that of one or more other Primary Care Trusts,

which it is satisfied is representative of—

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                    (a)                   the persons to whom subsection (3) applies; and

                    (b)                   the persons to whom subsection (4) applies.

              (2)             A Local Health Board may recognise a committee formed for its area,

or for its area and that of one or more other Local Health Boards,

which it is satisfied is representative of—

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                    (a)                   the persons to whom subsection (3) applies; and

                    (b)                   the persons to whom subsection (4) applies.

              (3)             This subsection applies to—

                    (a)                   every medical practitioner who, under a general medical

services contract entered into by him, is providing primary

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medical services in the area for which the committee is

formed; and

                    (b)                   every medical practitioner who is providing general

ophthalmic services in that area.

              (4)             This subsection applies to every other medical practitioner—

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                    (a)                   who is performing primary medical services in the area for

which the committee is formed—

                           (i)                          pursuant to section 16CC(2)(a) above;

                           (ii)                         in accordance with section 28C arrangements; or

                           (iii)                        under a general medical services contract; and

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                    (b)                   who has notified the Primary Care Trust or Local Health

Board that he wishes to be represented by the committee (and

has not notified it that he wishes to cease to be so

represented).

              (5)             A committee recognised under this section shall be called the Local

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Medical Committee for the area for which it is formed.

              (6)             Any such committee may delegate any of its functions, with or

without restrictions or conditions, to sub-committees composed of

members of that committee.

              (7)             Regulations may require a Primary Care Trust or Local Health

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Board, in the exercise of its functions relating to primary medical

services, to consult any committee recognised by it under this section

on such occasions and to such extent as may be prescribed.

              (8)             Regulations may require a Strategic Health Authority, in the exercise

of any of its functions which relate to section 28C arrangements for

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the provision of primary medical services, to consult, on such

occasions and to such extent as may be prescribed, any committee—

                    (a)                   which is recognised by a Primary Care Trust under this

section for the area where the services are (or are to be)

provided under those arrangements; and

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Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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                    (b)                   which is representative of persons providing or performing

those services under those arrangements.

              (9)             A committee recognised under this section shall have such other

functions as may be prescribed.

              (10)            A committee recognised under this section shall in respect of each

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year determine—

                    (a)                   the amount of its administrative expenses for that year

attributable to persons of whom its is representative under

subsection (1)(a) or (2)(a); and

                    (b)                   the amount of its administrative expenses for that year

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attributable to persons of whom it is representative under

subsection (1)(b) or (2)(b).

              (11)            A Primary Care Trust or Local Health Board may—

                    (a)                   on the request of a committee recognised by it, allot to that

committee such sums for defraying the expenses referred to

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in subsection (10)(a) as it may determine; and

                    (b)                   deduct the amount of such sums from the remuneration of

persons of whom it is representative under subsection (1)(a)

or (2)(a) under the general medical services contracts, or

arrangements under section 38 above, entered into by them

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with the Trust or Board.

              (12)            A committee recognised under this section shall apportion the

amount determined by it under subsection (10)(b) among the

persons of whom it is representative under subsection (1)(b) or (2)(b);

and each such person shall pay in accordance with the committee’s

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directions the amount so apportioned to him.

              (13)            References in this section to the administrative expenses of a

committee include the travelling and subsistence allowances payable

to its members.

       45B            Local Dental Committees

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              (1)             A Primary Care Trust may recognise a committee formed for its area,

or for its area and that of one or more other Primary Care Trusts,

which it is satisfied is representative of—

                    (a)                   the persons to whom subsection (3) applies; and

                    (b)                   the persons to whom subsection (4) applies.

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              (2)             A Local Health Board may recognise a committee formed for its area,

or for its area and that of one or more other Local Health Boards,

which it is satisfied is representative of—

                    (a)                   the persons to whom subsection (3) applies; and

                    (b)                   the persons to whom subsection (4) applies.

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              (3)             This subsection applies to every dental practitioner who, under a

general dental services contract entered into by him, is providing

primary dental services in the area for which the committee is

formed.

              (4)             This subsection applies to every other dental practitioner—

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Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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                    (a)                   who is performing primary dental services in the area for

which the committee is formed—

                           (i)                          under section 16CA(2) above;

                           (ii)                         in accordance with section 28C arrangements; or

                           (iii)                        under a general dental services contract; and

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                    (b)                   who has notified the Primary Care Trust that he wishes to be

represented by the committee (and has not notified it that he

wishes to cease to be so represented).

              (5)             A committee recognised under this section shall be called the Local

Dental Committee for the area for which it is formed.

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              (6)             Any such committee may delegate any of its functions, with or

without restrictions or conditions, to sub-committees composed of

members of that committee.

              (7)             Regulations may require a Primary Care Trust or Local Health

Board, in the exercise of its functions relating to primary dental

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services, to consult any committee recognised by it under this section

on such occasions and to such extent as may be prescribed.

              (8)             Regulations may require a Strategic Health Authority, in the exercise

of any of its functions which relate to section 28C arrangements for

the provision of primary dental services, to consult, on such

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occasions and to such extent as may be prescribed, any committee—

                    (a)                   which is recognised by a Primary Care Trust under this

section for the area where the services are (or are to be)

provided under those arrangements; and

                    (b)                   which is representative of persons providing or performing

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those services under those arrangements.

              (9)             A committee recognised under this section shall have such other

functions as may be prescribed.

              (10)            A committee recognised under this section shall in respect of each

year determine—

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                    (a)                   the amount of its administrative expenses for that year

attributable to persons of whom it is representative under

subsection (1)(a) or (2)(a); and

                    (b)                   the amount of its administrative expenses for that year

attributable to persons of whom it is representative under

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subsection (1)(b) or (2)(b).

              (11)            A Primary Care Trust or Local Health Board may—

                    (a)                   on the request of a committee recognised by it, allot to that

committee such sums for defraying the expenses referred to

in subsection (10)(a) as it may determine; and

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                    (b)                   deduct the amount of such sums from the remuneration of

persons of whom it is representative under subsection (1)(a)

or (2)(a) under the general dental services contracts entered

into by them with the Trust or Board.

              (12)            A committee recognised under this section shall apportion the

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amount determined by it under subsection (10)(b) among the

persons of whom it is representative under subsection (1)(b) or (2)(b);

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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and each such person shall pay in accordance with the committee’s

directions the amount so apportioned to him.

              (13)            References in this section to the administrative expenses of a

committee include the travelling and subsistence allowances payable

to its members.”

5

  24                In section 49N(1)—

              (a)             in paragraph (a), for “49F(1)(a) to (e)” substitute “49F(1)”;

              (b)             in paragraph (c), for the words from the beginning to “a services list”

substitute “all lists under section 28X above, or any list

corresponding to a list under that section”.

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  25                Section 53 (immunisation) shall cease to have effect.

  26      (1)      Section 54 (as substituted by the National Health Service (Primary Care) Act

1997) is amended as follows.

          (2)      In subsection (1)—

              (a)             in paragraph (a), after “1973 or” insert “(prior to its repeal) section 29

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of”;

              (b)             in paragraph (b), at the end insert “(prior to the coming into force of

section 16CC above)”;

              (c)             after that paragraph insert “or

                           (c)                             provided or performed primary medical services in

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accordance with section 28C arrangements,

arrangements under section 16CC(2)(b) above or

under a general medical services contract—

                                 (i)                                in prescribed circumstances, or

                                 (ii)                               if regulations so provide, in all

25

circumstances,”.

          (3)      In subsection (2), in the definition of “relevant area”—

              (a)             after “Primary Care Trust”, in both places, insert “, Local Health

Board”;

              (b)             after “by arrangement” insert “or contract”;

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              (c)             for paragraphs (a) and (b) substitute “provided or performed

services as specified in subsection (1) above”.

  27      (1)      Section 72 is amended as follows.

          (2)      In subsection (5), at the end insert “and

                    (d)                      persons providing primary medical services or primary

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dental services under a general medical services contract or a

general dental services contract or in accordance with section

28C arrangements”.

          (3)      In subsection (6)(a), for “Part II” substitute “this Act”.

  28       In section 77, at the end insert—

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              “(4)                This section does not apply in relation to the provision of any

relevant dental service (within the meaning of section 79 below).”

  29       In section 78(3), for “paragraphs 2 and 5” substitute “paragraph 2”.

  30       In section 83(a), for “to 79” substitute “and 78”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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  31       In section 83A(1)(a), for the words from “section 77(1)” to “1997” substitute

“section 77(1), 78(1) or 79 above”.

  32       In section 85(1)—

              (a)             insert “or” at the end of paragraph (bbb);

              (b)             omit paragraph (e).

5

  33      (1)      Section 98 is amended as follows.

          (2)      In subsection (1)—

              (a)             insert “and” at the end of paragraph (dd);

              (b)             omit paragraph (e) and the preceding “and”.

          (3)      In subsection (4)—

10

              (a)             in paragraph (a), omit the words from “, other than” to the end;

              (b)             omit paragraph (b).

  34       In section 99(1)—

              (a)             insert “and” at the end of paragraph (bb);

              (b)             omit paragraph (f) and the preceding “and”.

15

  35       In section 100(1)—

              (a)             insert “and” at the end of paragraph (b);

              (b)             omit paragraph (e) and the preceding “and”.

  36       In section 103(1)(a)—

              (a)             after “in respect of” insert “primary medical services or primary

20

dental services provided by any person under Part 1 of this Act or

of”;

              (b)             omit “or in accordance with section 28C arrangements”.

  37       In section 105(2)(a), for the words from “as part of” to “arrangements”

substitute “in the provision under this Act of primary medical services for

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that person”.

  38                In section 126(4), after “19A(7) above” insert “, or by section 28E(3A), 28N,

28T or 28U above,”.

  39       In section 128(1), at the appropriate places in alphabetical order insert—

                                  ““general dental services contract” has the meaning given by section

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28K above;”;

                                  ““general medical services contract” has the meaning given by section

28Q above;”;

                                  ““primary dental services” means services which are primary dental

services for the purposes of Part 1 (see section 16CA);”;

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                                  ““primary medical services” means services which are primary medical

services for the purposes of Part 1 (see section 16CC).”

  40      (1)               In Schedule 7A, paragraph 3 is amended as follows.

          (2)                        In sub-paragraph (1)—

              (a)             after paragraph (f) insert—

40

                             “(fa)                               persons providing primary medical services or

primary dental services under Part 1 of this Act;”;

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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              (b)             in paragraph (g), omit the words from “or under” to “this Act”.

          (3)                In sub-paragraph (2), for “(1)(g)” substitute “(1)(fa), (g)”.

  41       In Schedule 8A, in paragraph 1(5), for the words from “personal medical” to

the end substitute “primary medical services or primary dental services

under any provision of, or made under, this Act.”

5

  42      (1)      Schedule 9A is amended as follows.

          (2)      In paragraph 6, for paragraphs (a) and (b) substitute—

                    “(a)                      health care professional of each description prescribed under

section 28X above, provided that each such health care

professional appointed is included in a list under that

10

section;”.

          (3)      At the end of paragraph 6 insert—

          “For the purposes of paragraph (a) above, “health care professional” has the

same meaning as in section 28X above.”

          (4)      In paragraph 10—

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              (a)             after “49N above” insert “or for the purposes of regulations under

section 28X above containing provision corresponding to those

sections”;

              (b)             for paragraph (a) substitute—

                           “(a)                             if the practitioner is a health care professional of a

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description prescribed under section 28X above, one

member of the panel must be a health care

professional of the same description;

                           (aa)                                                          if the practitioner is of a description referred to in

paragraph 6(c) or (d) above, one member of the panel

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must be a practitioner of that description; and”.

          (5)      In paragraph 17(c), at the end insert “or under any provision of regulations

under section 28X above corresponding to that provision”.

  43       In Schedule 10, in paragraph 3, for “general medical services or personal

medical services” substitute “or performed services as specified in section

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54(1)”.

  44       In Schedule 12, in paragraph 1(1)(b), for “accordance with section 28C

arrangements or”” substitute “the provision of primary medical services

under Part 1 or in accordance with”.

  45       In Schedule 12A, insert “or” after paragraphs 1(2)(b), 2(2)(a), 4(2)(aa), 5(2)(a),

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6A(2)(b) and 6B(2)(a).

National Health Service (Scotland) Act 1978 (c.29)

  46      (1)      Section 17D of the National Health Service (Scotland) Act 1978 is amended

as follows.

          (2)      In subsection (1)—

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              (a)             in paragraph (b)(ii), after “arrangements or” insert “primary medical

services in accordance with”;

              (b)             in paragraph (c)(ii), after “arrangements or” insert “primary dental

services in accordance with”.

          (3)      In subsection (2), in the definition of “NHS employee”—

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