Office of Public Sector Information
PART II continued
(1) In the 1977 Act, after section 28F, insert—
(1) Provision shall be made in regulations for conferring a right on any person to choose the dental practitioner from whom he is to receive primary dental services, subject to the consent of the practitioner concerned.
(2) The regulations shall, in particular, prescribe the procedure for choosing a practitioner.
(3) The regulations may, in particular, provide that the right to choose a dental practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.
(4) In this section “primary dental services” means dental services which are—
(a) provided, in accordance with section 28C arrangements, as personal dental services; or
(b) provided under Part II as general dental services.”
(2) In the 1978 Act, after section 17F, insert—
(1) Provision shall be made in regulations for conferring a right on any person to choose the dental practitioner from whom he is to receive primary dental services, subject to the consent of the practitioner concerned.
(2) The regulations shall, in particular, prescribe the procedure for choosing a practitioner.
(3) The regulations may, in particular, provide that the right to choose a dental practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.
(4) In this section “primary dental services” means dental services which are—
(a) provided, in accordance with section 17C arrangements, as personal dental services; or
(b) provided under Part II as general dental services.”
(1) In the 1977 Act, after section 34, insert—
(1) Regulations may make provision with respect to the liabilities and obligations of—
(a) a Part II practitioner who, in connection with any obligation of his to provide general medical services, enters into arrangements under which a Part I practitioner deputises, or is engaged to deputise, for him; or
(b) a Part II practitioner who enters into arrangements under which he deputises, or is engaged to deputise, for a Part I practitioner, in connection with that practitioner’s obligation to perform personal medical services in accordance with section 28C arrangements.
(2) The regulations may, in particular—
(a) modify any liabilities or obligations which would otherwise be applicable by virtue of this Part;
(b) apply (with or without modifications) any provision made by or under this Part (including any provision so made by virtue of section 17 of the [1988 c. 49.] Health and Medicines Act 1988).
(3) In subsection (1)—
“Part I practitioner” means a medical practitioner who performs personal medical services in accordance with section 28C arrangements; and
“Part II practitioner” means a medical practitioner who provides general medical services.”
(2) In the 1978 Act, after section 24, insert—
(1) Regulations may make provision with respect to the liabilities and obligations of—
(a) a Part II practitioner who, in connection with any obligation of his to provide general medical services, enters into arrangements under which a Part I practitioner deputises, or is engaged to deputise, for him; or
(b) a Part II practitioner who enters into arrangements under which he deputises, or is engaged to deputise, for a Part I practitioner, in connection with that practitioner’s obligation to perform personal medical services in accordance with section 17C arrangements.
(2) The regulations may, in particular—
(a) modify any liabilities or obligations which would otherwise be applicable by virtue of this Part;
(b) apply (with or without modifications) any provision made by or under this Part (including any provision so made by virtue of section 17 of the [1988 c. 49.] Health and Medicines Act 1988).
(3) In subsection (1)—
“Part I practitioner” means a medical practitioner who performs personal medical services in accordance with section 17C arrangements; and
“Part II practitioner” means a medical practitioner who provides general medical services.”
(1) In the 1977 Act, after section 78, insert—
(1) Regulations may provide for the making and recovery, in such manner as may be prescribed, of charges for dental treatment provided in accordance with section 28C arrangements.
(2) “Dental treatment” means personal dental services other than those to which section 78(1A) applies.
(3) The regulations must secure that the amount charged for a particular treatment (or course of treatment) is the same as the amount that would be charged for that treatment (or course of treatment) if it were provided under Part II.
(4) The regulations may—
(a) provide for the amount or the maximum amount of any charge authorised by the regulations to be varied in prescribed circumstances; or
(b) give power to direct that the charge is not to be payable.
(5) If, under a contract or arrangement, a patient receives—
(a) services for which a charge is payable under section 78, and
(b) treatment for which a charge is payable under the regulations,
the total charge for those services and that treatment is not to exceed such sum as may be prescribed.
(6) No charge is to be made under the regulations in respect of treatment provided for any person who, at the time of the making of the contract or arrangement under which the treatment is provided—
(a) was under 18;
(b) was under 19 and receiving qualifying full-time education;
(c) was pregnant; or
(d) had given birth within the previous twelve months.
(7) In subsection (6)(b) “qualifying full-time education” has the same meaning as in Schedule 12.
(8) The regulations may provide, with respect to any exemption under subsection (6), that it is to be a condition of the exemption that—
(a) a declaration of the prescribed kind is made in the prescribed form or manner; or
(b) a certificate of the prescribed kind is supplied in the prescribed form or manner.”
(2) In the 1978 Act, after section 70, insert—
(1) Regulations may provide for the making and recovery, in such manner as may be prescribed, of charges for dental treatment provided in accordance with section 17C arrangements.
(2) “Dental treatment” means personal dental services other than those to which section 70(1A) applies.
(3) The regulations must secure that the amount charged for a particular treatment (or course of treatment) is the same as the amount that would be charged for that treatment (or course of treatment) if it were provided under Part II.
(4) The regulations may—
(a) provide for the amount or the maximum amount of any charge authorised by the regulations to be varied in prescribed circumstances; or
(b) give power to direct that the charge is not to be payable.
(5) If, under a contract or arrangement, a patient receives—
(a) services for which a charge is payable under section 70, and
(b) treatment for which a charge is payable under the regulations,
the total charge for those services and that treatment is not to exceed such sum as may be prescribed.
(6) No charge is to be made under the regulations in respect of treatment provided for any person who, at the time of the making of the contract or arrangement under which the treatment is provided—
(a) was under 18;
(b) was under 19 and receiving qualifying full-time education;
(c) was pregnant; or
(d) had given birth within the previous twelve months.
(7) In subsection (6)(b) “qualifying full-time education” has the same meaning as in Schedule 11.
(8) The regulations may provide, with respect to any exemption under subsection (6), that it is to be a condition of the exemption that—
(a) a declaration of the prescribed kind is made in the prescribed form or manner; or
(b) a certificate of the prescribed kind is supplied in the prescribed form or manner.”
(1) In the 1977 Act, after section 41, insert—
(1) The Secretary of State may—
(a) give directions to a Health Authority requiring them to arrange for the provision to persons in their area of additional pharmaceutical services; or
(b) by giving directions to a Health Authority authorise them to arrange for such provision if they wish to do so.
(2) Directions under this section may make different provision in relation to different services specified in the directions.
(3) The Secretary of State must publish any directions under this section in the Drug Tariff or in such other manner as he thinks appropriate.
(4) In this section—
“additional pharmaceutical services”, in relation to directions, means such services (of a kind that do not fall within section 41) as may be specified in the directions; and
“Drug Tariff” means the Drug Tariff published under regulation 18 of the [S.I. 1992/662.] National Health Service (Pharmaceutical Services) Regulations 1992 or under any corresponding provision replacing, or otherwise derived from, that regulation.”
(2) In the 1978 Act, after section 27, insert—
(1) The Secretary of State may—
(a) give directions to a Health Board requiring them to arrange for the provision to persons in their area of additional pharmaceutical services; or
(b) by giving directions to a Health Board authorise them to arrange for such provision if they wish to do so.
(2) Directions under this section may make different provision in relation to different services specified in the directions.
(3) The Secretary of State must publish any directions under this section in the Drug Tariff or in such other manner as he thinks appropriate.
(4) In this section—
“additional pharmaceutical services”, in relation to directions, means such services (of a kind that do not fall within section 27) as may be specified in the directions; and
“Drug Tariff” means the Drug Tariff published under regulation 9 of the [S.I. 1995/414.] National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 or under any corresponding provision replacing, or otherwise derived from, that regulation.”
(1) In the 1977 Act, after section 41A, insert—
(1) Directions under section 41A may require the Health Authority to whom they apply, when making arrangements—
(a) to include, in the terms on which the arrangements are made, such terms as may be specified in the directions;
(b) to impose, on any person providing a service in accordance with the arrangements, such conditions as may be so specified.
(2) The arrangements must secure that any service to which they apply is provided only by a person whose name is included in a pharmaceutical list.
(3) Different arrangements may be made with respect to—
(a) the provision of the same service by the same person but in different circumstances; or
(b) the provision of the same service by different persons.
(4) A Health Authority must provide details of proposed arrangements (including the remuneration to be offered for the provision of services) to any person who asks for them.
(5) After making any arrangements, a Health Authority must publish, in such manner as the Secretary of State may direct, such details of the arrangements as he may direct.
(6) In this section, “pharmaceutical list” means, subject to any provision of the directions in question, a list—
(a) published by the Health Authority concerned, or by any other Health Authority, in accordance with regulations made under section 42(2)(a) of this Act; or
(b) published by any body in accordance with regulations made under section 27(2)(a) of the [1978 c. 29.] National Health Service (Scotland) Act 1978 or Article 63(2A)(a) of the [S.I. 1972/1265 (N.I.14).] Health and Personal Social Services (Northern Ireland) Order 1972.”
(2) In the 1978 Act, after section 27A, insert—
(1) Directions under section 27A may require the Health Board to whom they apply, when making arrangements—
(a) to include, in the terms on which the arrangements are made, such terms as may be specified in the directions;
(b) to impose, on any person providing a service in accordance with the arrangements, such conditions as may be so specified.
(2) The arrangements must secure that any service to which they apply is provided only by a person whose name is included in a pharmaceutical list.
(3) Different arrangements may be made with respect to—
(a) the provision of the same service by the same person but in different circumstances; or
(b) the provision of the same service by different persons.
(4) A Health Board must provide details of proposed arrangements (including the remuneration to be offered for the provision of services) to any person who asks for them.
(5) After making any arrangements, a Health Board must publish, in such manner as the Secretary of State may direct, such details of the arrangements as he may direct.
(6) In this section, “pharmaceutical list” means, subject to any provision of the directions in question, a list—
(a) published by the Health Board concerned, or by any other Health Board, in accordance with regulations made under section 27(2) of this Act; or
(b) published by any body in accordance with regulations made under section 42(2) of the [1977 c. 49.] National Health Service Act 1977 or Article 63(2A)(a) of the [S.I. 1972/1265 (N.I.14).] Health and Personal Social Services (Northern Ireland) Order 1972.”
(1) In section 43 of the 1977 Act, after subsection (2), insert—
“(2A) Regulations shall provide for the preparation and publication by a Health Authority of one or more lists of medical practitioners who undertake to provide drugs, medicines or listed appliances in the Authority’s area.
(2B) In subsection (2A) “listed” has the same meaning as in section 41.
(2C) The regulations shall include provision for the removal of an entry from a list in prescribed circumstances.”
(2) In section 28 of the 1978 Act, after subsection (2), insert—
“(2A) Regulations shall provide for the preparation and publication by a Health Board of one or more lists of medical practitioners who undertake to supply drugs and appliances in the Board’s area.
(2B) The regulations shall include provision for the removal of an entry from a list in prescribed circumstances.”
(1) Section 31 of the [1989 c. 44.] Opticians Act 1989 (matters with respect to which the General Optical Council may make rules) is amended as follows.
(2) In subsection (5) (power to make rules requiring registered optician to refer persons to registered medical practitioners except in certain circumstances), for the words from “except” to “take the prescribed steps” substitute “except—
(a) in an emergency,
(b) where that person is consulting him for the purpose of being given treatment in accordance with rules under subsection (l)(d) above, or
(c) in such other cases as may be prescribed,
take the prescribed steps”.
(3) After subsection (5), insert—
“(5A) Rules made by virtue of subsection (5)(c) may impose conditions which must be satisfied if the exception for which those rules provide is to apply.”
(1) In the [1990 c. 19.] National Health Service and Community Care Act 1990, after section 4 (NHS contracts), insert—
(1) This section applies to any arrangement under which a Health Authority or such other health service body as may be prescribed arrange for the provision to them—
(a) by a person on an ophthalmic list, or
(b) by a person on a pharmaceutical list,
of goods or services that they reasonably require for the purposes of functions which they are exercising under Part I of the principal Act.
(2) Any such arrangement is to be treated as an NHS contract for the purposes of section 4 (other than subsections (4) and (6)).
(3) In this section—
“health service body” means a body which is a health service body for the purposes of section 4;
“ophthalmic list” means a list published in accordance with regulations made under—
section 39(a) of the principal Act;
section 26(2)(a) of the [1978 c. 29.] National Health Service (Scotland) Act 1978; or
Article 62(2)(a) of the [S.I. 1972/1265 (N.I.14).] Health and Personal Social Services (Northern Ireland) Order 1972; and
“pharmaceutical list” means a list published in accordance with regulations made under—
section 42(2)(a) of the principal Act;
section 27(2) of the National Health Service (Scotland) Act 1978; or
Article 63(2A)(a) of the 1972 Order.”
(2) In the 1978 Act, after section 17, insert—
(1) This section applies to any arrangement under which a Health Board or such other health service body as may be prescribed arrange for the provision to them—
(a) by a person on an ophthalmic list, or
(b) by a person on a pharmaceutical list,
of goods or services that they reasonably require for the purposes of functions which they are exercising under Part I of this Act.
(2) Any such arrangement is to be treated as an NHS contract for the purposes of section 17A (other than subsections (5) and (7)).
(3) In this section—
“health service body” means a person or body which is a health service body for the purposes of section 17A;
“ophthalmic list” means a list published in accordance with regulations made under—
section 26(2)(a) of this Act;
section 39(a) of the [1977 c. 49.] National Health Service Act 1977; or
Article 62(2)(a) of the [S.I. 1972/1265 (N.I.14).] Health and Personal Social Services (Northern Ireland) Order 1972; and
“pharmaceutical list” means a list published in accordance with regulations made under—
section 27(2) of this Act;
section 42(2)(a) of the National Health Service Act 1977; or
Article 63(2A)(a) of the 1972 Order.”
(1) In the 1977 Act, after section 29, insert—
(1) A Health Authority may not, under section 29, arrange with a medical practitioner for him to provide general medical services for persons in the Authority’s area unless his name is included in the Authority’s medical list.
(2) A medical practitioner is entitled to be included in a Health Authority’s medical list only if—
(a) he is eligible for inclusion in the list; and
(b) he is nominated or approved, in accordance with regulations under section 29B, for appointment to fill a vacancy which relates (whether wholly or in part) to the area of the Authority.
(3) A medical practitioner is eligible for inclusion in a medical list if—
(a) he has not attained the age specified in regulations under section 8 of the [1988 c. 49.] Health and Medicines Act 1988 (retirement age for practitioners); and
(b) he is not disqualified, or treated as disqualified, from inclusion in the list by virtue of a direction of the Tribunal constituted under section 46 or any corresponding tribunal in Scotland or Northern Ireland.
(4) Regulations may make provision in relation to delaying a person’s inclusion in a medical list in prescribed circumstances.
(5) This section is subject to section 29(6) (temporary provision of general medical services) and any provision of, or made under, an enactment relating to the right of a medical practitioner to transfer to a medical list.
(6) In this Act “medical list”, in relation to a Health Authority, means the list of medical practitioners undertaking to provide general medical services for persons in their area, kept by the Authority under regulations made under section 29(2)(a).
(1) Regulations may make provision in relation to the filling of vacancies for medical practitioners to provide general medical services.
(2) The regulations may, in particular, include provision for—
(a) references by a Health Authority to the Medical Practices Committee as to whether there is, or will be, a vacancy for a medical practitioner in a locality;
(b) the determination of such references by the Medical Practices Committee;
(c) the determination by the Medical Practices Committee of conditions of practice to be imposed on any medical practitioner who fills a particular vacancy;
(d) the determination by a Health Authority of whether a vacancy is to be filled by a member of a partnership or by a sole practitioner;
(e) the nomination by a Health Authority of a medical practitioner for appointment to fill a vacancy as a sole practitioner;
(f) the approval by a Health Authority of a medical practitioner for appointment to fill a vacancy as a member of a partnership.
(3) The regulations may also make provision in relation to—
(a) criteria to be applied in making decisions under the regulations,
(b) the variation or revocation of such decisions (including appeals to the Secretary of State on points of law), or
(c) vacancies relating to the area of one Health Authority which also relate to the area of another Health Authority or a Health Board,
and may contain such transitional provisions as the Secretary of State considers appropriate.
(4) Regulations which make provision about vacancies which relate partly to the area of a Health Board may, in particular, provide that section 29A(2)(b) is to have effect in prescribed circumstances as if the reference to regulations under this section were a reference to regulations under section 19B of the [1978 c. 29.] National Health Service (Scotland) Act 1978.
(5) In this section—
“conditions of practice” means conditions—
specifying, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which a person is entitled to be remunerated; and
specifying the locality in which a person is entitled to provide general medical services;
“Health Board” has the same meaning as in the National Health Service (Scotland) Act 1978;
“locality”, in relation to a Health Authority, means the Authority’s area or a particular part of their area; and
“sole practitioner” means a medical practitioner providing general medical services otherwise than in partnership with one or more other medical practitioners.
(6) This section does not affect the power to make regulations under section 29.”
(2) Omit section 30 (applications to provide general medical services).
(3) In section 31 (requirement of suitable experience) for subsection (1) substitute—
“(1) Regulations under section 29B must secure that a medical practitioner is not nominated or approved by a Health Authority for appointment to fill a vacancy unless he is suitably experienced.”
National Health Service (Primary Care) Act 1997