House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

148

 

Schedule 10

Section 184

 

Part 4: minor and consequential amendments

National Health Service (Amendment) Act 1949 (c.93)

1     (1)  

The National Health Service (Amendment) Act 1949 (which is spent in

relation to England and Wales) shall cease to have effect.

5

      (2)  

This paragraph extends to England and Wales only.

Health Services and Public Health Act 1968 (c. 46)

2          

The Health Services and Public Health Act 1968 has effect subject to the

following amendments.

3     (1)  

Section 59 is amended as follows.

10

      (2)  

In subsection (1)—

(a)   

after “local pharmaceutical services,” insert “primary medical

services,”;

(b)   

after “personal medical services,” insert “primary dental services,”.

      (3)  

In subsection (2), after “1977” insert “(in the case of pharmaceutical

15

services)”.

      (4)  

In subsection (2A), omit “section 28C of the 1977 Act,”.

      (5)  

After subsection (2B) insert—

“(2C)   

In subsection (1), the references to primary medical services and

primary dental services are references to primary medical services

20

and primary dental services provided under Part 1 of the 1977 Act or

any corresponding provisions of the law in force in Northern Ireland

or the Isle of Man.”

4          

In section 63(2)—

(a)   

after paragraph (a) insert—

25

“(aa)   

the provision or performance of a primary medical

service or primary dental service under Part 1 of the

1977 Act and an activity involved in or connected

with the provision or performance of such a service;”;

(b)   

in paragraph (ba), omit “section 28C of the 1977 Act or”.

30

5          

In section 64(3)(b), after “make arrangements” insert “or any service which a

Primary Care Trust or Local Health Board is under a duty to provide under

section 16CA or 16CC of that Act”.

Patents Act 1977 (c.37)

6     (1)  

Section 56(4)(a) of the Patents Act 1977 is amended as follows.

35

      (2)  

After “the provision of—” insert—

“(ai)   

primary medical services or primary dental services

under Part 1 of the National Health Service Act 1977,

or any corresponding provisions of the law in force in

Northern Ireland or the Isle of Man, or”.

40

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

149

 

      (3)  

In sub-paragraph (i), after “1977” insert “(in the case of pharmaceutical

services)”.

      (4)  

In sub-paragraph (ii), omit “section 28C of the 1977 Act,”.

National Health Service Act 1977 (c.49)

7          

The 1977 Act has effect subject to the following amendments.

5

8          

In section 3, at the end insert—

“(4)   

For the purposes of the duty in subsection (1), services provided

under—

(a)   

section 16CA(2) or 16CC(2) below, or

(b)   

a general medical services contract or a general dental

10

services contract,

   

are to be regarded as provided by the Secretary of State.”

9          

In section 15(1)(a), for “general medical services, general dental services”

substitute “primary medical services, primary dental services”.

10         

In section 16BB(4), at the end insert “(including functions under sections

15

16CA to 16CC below)”.

11         

In section 16BC(1), at the end insert “or sections 16CA to 16CC below”.

12         

In section 18A(3)—

(a)   

in paragraph (a), omit “general medical, general dental,”; and

(b)   

for paragraph (b) substitute—

20

“(b)   

providing or performing primary medical services or

primary dental services under this Part,”.

13    (1)  

Section 26 is amended as follows.

      (2)  

In subsection (2) (as substituted by the National Health Service (Primary

Care) Act 1997)—

25

(a)   

in paragraph (a), omit “general medical services, general dental

services”;

(b)   

for paragraph (b) substitute—

“(b)   

providing services under a general medical services

contract or a general dental services contract or in

30

accordance with section 28C arrangements,”.

      (3)  

In subsection (4)—

(a)   

in paragraph (a), omit “general medical services, general dental

services”;

(b)   

for paragraph (aa) substitute—

35

“(aa)   

persons performing services under a general medical

services contract or a general dental services contract

or in accordance with section 28C arrangements”.

14         

In section 28C(1)(a) and (b), (2)(a) and (b) and (4), for “personal”, in all

places, substitute “primary”.

40

15    (1)  

Section 28D is amended as follows.

      (2)  

In subsection (1)—

(a)   

in paragraph (a), at the end insert “or NHS foundation trust”;

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

150

 

(b)   

in paragraph (d), for “or a section 17C employee” substitute “, a

section 17C employee or an Article 15B employee”;

(c)   

in paragraph (f), at the end insert “or Local Health Board”.

      (3)  

In subsection (2), after the definition of “the 1978 Act” insert—

           

““Article 15B arrangements” means arrangements for the provision of

5

services made under Article 15B of the Health and Personal Social

Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I. 14));

           

“Article 15B employee” means an individual who, in connection with

the provision of services in accordance with Article 15B

arrangements, is employed by a person providing or performing

10

those services;”.

      (4)  

In subsection (2), in the definition of “qualifying body”—

(a)   

in paragraph (a), for “(c)” substitute “(ba), (bb), (bc)”;

(b)   

in paragraph (b), for “personal” substitute “primary”.

16         

In section 28EE(2), for “personal” substitute “primary”.

15

17         

In section 28I(a), for the words from “personal medical services” to

“arrangements” substitute “primary medical services or primary dental

services under this Part”.

18    (1)  

Section 41(1) is amended as follows.

      (2)  

In paragraph (b), after “medicines” insert “and listed appliances”.

20

      (3)  

In paragraph (c)—

(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

25

1 above”.

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

30

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

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”.

35

      (3)  

Omit subsections (ZA1) to (B1).

      (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”;

40

(b)   

for “the Health Authority” substitute “the Local Health Board”.

      (5)  

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

22    (1)  

Section 45 is amended as follows.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

151

 

      (2)  

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

Optical Committees and Local Pharmaceutical Committees”.

      (3)  

In subsection (1)—

(a)   

for “Health Authorities” substitute “Local Health Boards”;

(b)   

omit paragraph (b).

5

      (4)  

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

      (5)  

In subsection (1A)—

(a)   

omit “Strategic Health Authority”;

(b)   

for “Health Authority” substitute “Local Health Board”.

      (6)  

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

10

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

Primary Care Trust’s area”.

      (7)  

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

15

Health Board”.

      (8)  

In subsection (3)—

(a)   

for “Health Authority”, in both places, substitute “Local Health

Board”;

(b)   

omit “general medical services, general dental services,”.

20

      (9)  

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

the case may be” substitute “persons providing local pharmaceutical

services”.

23         

After section 45 insert—

“45A    

Local Medical Committees

25

(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.

30

(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.

35

(3)   

This subsection applies to—

(a)   

every medical practitioner who, under a general medical

services contract entered into by him, is providing primary

medical services in the area for which the committee is

formed; and

40

(b)   

every medical practitioner who is providing general

ophthalmic services in that area.

(4)   

This subsection applies to every other medical practitioner—

(a)   

who is performing primary medical services in the area for

which the committee is formed—

45

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

152

 

(i)   

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

(ii)   

in accordance with section 28C arrangements; or

(iii)   

under a general medical services contract; and

(b)   

who has notified the Primary Care Trust or Local Health

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

5

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

Medical Committee for the area for which it is formed.

(6)   

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

10

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 medical

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

15

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 medical services, to consult, on such

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

20

(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

those services under those arrangements.

25

(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—

(a)   

the amount of its administrative expenses for that year

30

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

attributable to persons of whom it is representative under

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

35

(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

(b)   

deduct the amount of such sums from the remuneration of

40

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

with the Trust or Board.

(12)   

A committee recognised under this section shall apportion the

45

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 10 — Part 4: minor and consequential amendments

153

 

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

45B     

Local Dental 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—

(a)   

the persons to whom subsection (3) applies; and

10

(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—

(a)   

the persons to whom subsection (3) applies; and

15

(b)   

the persons to whom subsection (4) applies.

(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.

20

(4)   

This subsection applies to every other dental practitioner—

(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

25

(iii)   

under a general dental services contract; and

(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

30

Dental 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

35

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

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

40

the provision of primary dental 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

45

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

154

 

(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

5

year determine—

(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

10

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

15

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 dental services contracts entered

into by them with the Trust or Board.

20

(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

directions the amount so apportioned to him.

25

(13)   

References in this section to the administrative expenses of a

committee include the travelling and subsistence allowances payable

to its members.”

24         

In section 49N(1)—

(a)   

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

30

(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”.

25         

Section 53 (immunisation) shall cease to have effect.

26    (1)  

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

35

1997) is amended as follows.

      (2)  

In subsection (1)—

(a)   

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

of”;

(b)   

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

40

section 16CC above)”;

(c)   

after that paragraph insert “or

(c)   

provided or performed primary medical services in

accordance with section 28C arrangements,

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

45

under a general medical services contract—

(i)   

in prescribed circumstances, or

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 13 November 2003