Office of Public Sector Information
PART 7 continued CHAPTER 2 continued
(1) Provision may be made by regulations for Primary Care Trusts to make payments of financial assistance for preparatory work.
(2) “Preparatory work” means work which it is reasonable for a person to undertake—
(a) in connection with preparing proposals for a pilot scheme, or
(b) in preparing for the provision by him of any piloted services.
(3) The regulations may, in particular, include provision—
(a) prescribing the circumstances in which payments of financial assistance may be made,
(b) imposing a limit on the amount of any payment of financial assistance which a Primary Care Trust may make in any prescribed period in respect of any one person or any one pilot scheme,
(c) imposing a limit on the aggregate amount which a Primary Care Trust may pay by way of financial assistance in any one financial year,
(d) requiring a person to whom assistance is given under this section to comply with such conditions as may be imposed in accordance with prescribed requirements, and
(e) for repayment in the case of a failure to comply with any condition so imposed.
This Act has effect in relation to piloted services—
(a) subject to any provision of, or made under, this Chapter, section 145 (application of enactments) or section 178 (charges for local pharmaceutical services), but
(b) otherwise as if those services were provided as a result of the delegation by the Secretary of State of his functions (by directions given under section 7).
The Secretary of State may by regulations—
(a) prevent (except in such circumstances and to such extent as may be prescribed) the provision of both piloted services and pharmaceutical services from the same premises,
(b) make provision with respect to the inclusion, removal, re-inclusion or modification of an entry in respect of premises in a pharmaceutical list.
The power to make regulations under section 129 includes power to prescribe the extent to which the provision of piloted services must be taken into account in determining whether to grant an application for inclusion in a pharmaceutical list.
Schedule 12 makes provision with respect to the provision of local pharmaceutical services in accordance with schemes made by Primary Care Trusts.
(1) The Secretary of State may by regulations make, in relation to local pharmaceutical services arrangements or persons providing or assisting in the provision of services under such arrangements, provision corresponding (whether or not exactly) to enactments containing provision relating to—
(a) section 92 arrangements or section 107 arrangements, or
(b) persons who provide or perform services under section 92 or section 107.
(2) The regulations may, in particular, provide for the application of any such enactment with such modifications, if any, as the Secretary of State considers appropriate.
(3) The provision which may be made under this section includes provision amending, repealing or revoking enactments.
(4) “Local pharmaceutical services arrangements” means arrangements made under an LPS scheme or a pilot scheme.
(1) Regulations may provide that a health care professional of a prescribed description may not perform any local pharmaceutical service for which a Primary Care Trust is responsible unless he is included in a list maintained under the regulations by a Primary Care Trust.
(2) For the purposes of this section—
(a) “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17),
(b) a Primary Care Trust is responsible for a local pharmaceutical service if it secures its provision by or under any enactment.
(3) Regulations under this section may make provision in relation to lists under this section and in particular as to—
(a) the preparation, maintenance and publication of a list,
(b) eligibility for inclusion in a list,
(c) applications for inclusion (including provision as to the Primary Care Trust to which an application must be made, and for the procedure for applications and the documents to be supplied on application),
(d) the grounds on which an application for inclusion may or must be granted or refused,
(e) requirements with which a person included in a list must comply (including the declaration of financial interests and gifts and other benefits),
(f) suspension or removal from a list (including provision for the grounds for, and consequences of, suspension or removal),
(g) circumstances in which a person included in a list may not withdraw from it,
(h) payments to be made in respect of a person suspended from a list (including provision for the amount of the payment, or the method of calculating the payment, to be determined by the Secretary of State or a person appointed by him),
(i) the criteria to be applied in making decisions under the regulations,
(j) appeals against decisions made by a Primary Care Trust under the regulations, and
(k) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or removals,
and may make any provision corresponding to anything in sections 151 to 159.
(4) Regulations under this section may, in particular, also provide for—
(a) a person’s inclusion in a list to be subject to conditions determined by a Primary Care Trust,
(b) a Primary Care Trust to vary the conditions or impose different ones,
(c) the consequences of failing to comply with a condition (including removal from a list),
(d) the review by a Primary Care Trust of decisions made by it by virtue of the regulations.
(5) The imposition of such conditions must be with a view to—
(a) preventing any prejudice to the efficiency of the services to which a list relates, or
(b) preventing fraud.
(6) Regulations making provision as to the matters referred to in subsection (3)(k) may in particular authorise the disclosure of information—
(a) by a Primary Care Trust to the Secretary of State, and
(b) by the Secretary of State to a Primary Care Trust.
(1) A Primary Care Trust may provide assistance or support to any person providing local pharmaceutical services.
(2) Assistance or support provided by a Primary Care Trust under subsection (1) is provided on such terms, including terms as to payment, as the Primary Care Trust considers appropriate.
(3) “Assistance” includes financial assistance.
(1) Regulations may provide—
(a) that if a person is included in a pharmaceutical list he is subject, while he remains included in the list, to conditions determined by the Primary Care Trust in whose list he is included,
(b) for the Primary Care Trust to vary that person’s terms of service for the purpose of or in connection with the imposition of any such conditions,
(c) for the Primary Care Trust to vary the conditions or impose different ones,
(d) for the consequences of failing to comply with a condition (including removal from the list), and
(e) for the review by the Primary Care Trust of any decision made by virtue of the regulations.
(2) The imposition of conditions must be with a view to—
(a) preventing any prejudice to the efficiency of the services in question, or
(b) preventing any acts or omissions within section 151(3)(a).
(3) If regulations provide for a practitioner’s removal from the list for breach of condition—
(a) the regulations may provide that he may not withdraw from the list while the Primary Care Trust is investigating whether there are grounds for exercising their power to remove him, or after the Primary Care Trust has decided to remove him but before it has given effect to that decision, and
(b) the regulations must include provision—
(i) requiring the practitioner to be given notice of any allegation against him,
(ii) giving him the opportunity of putting his case at a hearing before the Primary Care Trust makes any decision as to his removal from the list, and
(iii) requiring him to be given notice of the decision of the Primary Care Trust and the reasons for it and of his right of appeal under subsection (4).
(4) If regulations provide as mentioned in subsection (1), they must also provide for an appeal by the person in question to the FHSAA against the decision of the Primary Care Trust—
(a) to impose conditions, or any particular condition,
(b) to vary a condition,
(c) to vary his terms of service,
(d) on any review of an earlier such decision of the Primary Care Trust,
(e) to remove him from the list for breach of condition,
and the appeal must be by way of redetermination of the decision of the Primary Care Trust.
(5) The regulations may provide for any such decision not to have effect until the determination by the FHSAA of any appeal against it, and must so provide in relation to a decision referred to in subsection (4)(e).
(6) Regulations under this section may provide for the disclosure by a Primary Care Trust, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description—
(a) about persons whose inclusion in a pharmaceutical list is subject to conditions imposed under this section, and
(b) about the removal of such persons from a pharmaceutical list for breach of condition.
(7) In this Part, “terms of service” means the terms upon which, by virtue of regulations, a person undertakes to provide pharmaceutical services.
(1) The Secretary of State may make regulations providing for the preparation and publication by each Primary Care Trust of one or more lists of persons approved by the Primary Care Trust for the purpose of assisting in the provision of pharmaceutical services.
(2) Such a list is referred to in this section, section 150 and section 159 as a “supplementary list”.
(3) The regulations may, in particular, include provision as to—
(a) the Primary Care Trust to which an application for inclusion in a supplementary list must be made,
(b) the procedure for applying for inclusion, including any information to be supplied to the Primary Care Trust (whether by the applicant or by arrangement with him),
(c) grounds on which the Primary Care Trust may, or must, refuse a person’s application for inclusion in a supplementary list (including his unsuitability for inclusion in such a list), or on which it may defer its decision on the application,
(d) requirements with which a person included in a supplementary list must comply (including the declaration of financial interests and of gifts and other benefits),
(e) grounds on which a Primary Care Trust may, or must, suspend or remove a person from a supplementary list, the procedure for doing so, and the consequences of doing so,
(f) payments to or in respect of persons who are suspended from a supplementary list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),
(g) the supply to the Primary Care Trust by an applicant for inclusion in a supplementary list, or by a person included in one, of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,
(h) circumstances in which a person included in a supplementary list may not withdraw from it,
(i) criteria to be applied in making decisions under the regulations,
(j) appeals against decisions of Primary Care Trusts under the regulations,
(k) the disclosure by a Primary Care Trust, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a supplementary list, refusals of such applications, and suspensions and removals from that list.
(4) The regulations may, in particular, also provide for—
(a) a person’s inclusion in a supplementary list to be subject to conditions determined by the Primary Care Trust,
(b) the Primary Care Trust to vary the conditions or impose different ones,
(c) the consequences of failing to comply with a condition (including removal from the list), and
(d) the review by the Primary Care Trust of its decisions made by virtue of regulations under this subsection.
(5) The imposition of such conditions must be with a view to—
(a) preventing any prejudice to the efficiency of the services to which the supplementary list relates, or
(b) preventing any acts or omissions of the type described in section 151(3)(a).
(6) Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 151 to 159.
(7) If the regulations provide under subsection (3)(e) or (4) that a Primary Care Trust may suspend or remove a person from a supplementary list, they must include provision—
(a) requiring him to be given notice of any allegation against him,
(b) giving him the opportunity of putting his case at a hearing before the Primary Care Trust makes any decision as to his suspension or removal, and
(c) requiring him to be given notice of the decision of the Primary Care Trust and the reasons for it and of any right of appeal under subsection (8) or (9).
(8) If the regulations provide under subsection (3)(c) or (e) that a Primary Care Trust may refuse a person’s application for inclusion in a supplementary list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against the decision of the Primary Care Trust.
(9) If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the decision of the Primary Care Trust—
(a) to impose conditions, or any particular condition,
(b) to vary a condition,
(c) to remove him from the supplementary list for breach of condition,
(d) on any review of an earlier such decision of the Primary Care Trust.
(1) Regulations under section 149 may require a person (“A”) included in—
(a) a pharmaceutical list, or
(b) a list under section 132(3) (provision of drugs, medicines or listed appliances),
not to employ or engage a person (“B”) to assist him in the provision of the service to which the list relates unless B is included in a list mentioned in subsection (2).
(2) The lists are—
(a) a list referred to in subsection (1),
(b) a supplementary list,
(c) a list under section 91, 106 or 123,
(d) a list under section 146 or a list corresponding to a list under section 91 prepared by a Primary Care Trust by virtue of regulations made under section 145,
(e) a list corresponding to a list mentioned in any of paragraphs (a) to (d) prepared by a Local Health Board under or by virtue of the National Health Service (Wales) Act 2006 (c. 42),
or, in any of the cases in paragraphs (a) to (e), such a list of a prescribed description.
(3) If regulations do so require, they—
(a) need not require both A and B to be included in lists prepared by the same Primary Care Trust, but
(b) may, in particular, require that both A and B be included in lists prepared by Primary Care Trusts.
(1) If it appears to a Primary Care Trust that any of the conditions set out in subsections (2) to (4) is established in relation to a person included in a pharmaceutical list it may (or, in cases falling within subsection (5), must) decide to remove him from that list.
(2) The first condition is that the continued inclusion of the practitioner in the list would be prejudicial to the efficiency of the services which those included in the list undertake to provide (and such a case is referred to in this Chapter as an “efficiency case”).
(3) The second condition is that the practitioner—
(a) has (whether on his own or together with another) by an act or omission caused, or risked causing, detriment to any health scheme by securing or trying to secure for himself or another any financial or other benefit, and
(b) knew that he or the other was not entitled to the benefit,
(and such a case is referred to in this Chapter as a “fraud case”).
(4) The third condition is that the practitioner is unsuitable to be included in the list (and such a case is referred to in this Chapter as an “unsuitability case”).
(5) In unsuitability cases, the Primary Care Trust must remove the practitioner from the list in prescribed circumstances.
(6) The Primary Care Trust must state which condition (or conditions) it is relying on when removing a practitioner from a list.
(7) “Health scheme” means—
(a) any of the health services under section 1(1) of this Act, section 1(1) of the National Health Service (Wales) Act 2006 (c. 42), or any enactment corresponding to section 1(1) of this Act and extending to Scotland or Northern Ireland, and
(b) any prescribed scheme,
and regulations may prescribe any scheme for the purposes of this subsection which appears to the Secretary of State to be a health or medical scheme paid for out of public funds.
(8) Detriment to a health scheme includes detriment to any patient of, or person working in, that scheme or any person liable to pay charges for services provided under that scheme.
(9) In this Chapter a “practitioner” means a person included in a pharmaceutical list.
(1) In an efficiency case or a fraud case, the Primary Care Trust may, instead of deciding to remove a practitioner from its list, decide to remove him contingently.
(2) If it so decides, it must impose such conditions as it may decide on his inclusion in the list with a view to—
(a) removing any prejudice to the efficiency of the services in question (in an efficiency case), or
(b) preventing further acts or omissions within section 151(3)(a) (in a fraud case).
(3) If the Primary Care Trust determines that the practitioner has failed to comply with a condition, it may decide to—
(a) vary the conditions, or impose different conditions, or
(b) remove him from its list.
(4) The Primary Care Trust may decide to vary the terms of service of the person concerned for the purpose of or in connection with the imposition of any conditions by virtue of this section.
(1) Where the practitioner is a body corporate providing pharmaceutical services, the body corporate must be treated for the purposes of this Chapter as meeting a condition referred to in section 151(3) or (4) if any one of the body of persons controlling the body meets that condition (whether or not he first did so when he was such a person).
(2) A practitioner must be treated for the purposes of this Chapter as meeting the condition referred to in section 151(3) if—
(a) another person, because of an act or omission of his occurring in the course of providing any services mentioned in section 151(1) on the practitioner’s behalf, meets that condition, and
(b) the practitioner failed to take all such steps as were reasonable to prevent acts or omissions within section 151(3)(a) occurring in the course of the provision of those services on his behalf.
(1) If the Primary Care Trust is satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest, it may suspend a practitioner from its list—
(a) while it decides whether or not to exercise its powers under section 151 or 152 (other than in circumstances falling within paragraph (b)), or
(b) while it waits for a decision affecting the practitioner of a court or of a body which regulates—
(i) the practitioner’s profession,
(ii) the profession of a person providing any of the services mentioned in section 151(1) on the practitioner’s behalf, or
(iii) if the practitioner is a body corporate, the profession of one of its directors, or one of the body of persons controlling it or (if it is a limited liability partnership) one of its members,
or one of that regulatory body’s committees.
(2) The references in subsection (1)(b) to a court or regulatory body are to a court or such a body anywhere in the world.
(3) In a case falling within subsection (1)(a), the Primary Care Trust must specify the length of the period of suspension.
(4) In a case falling within subsection (1)(b), the Primary Care Trust may specify that the practitioner remains suspended after the decision referred to there for an additional period which the Primary Care Trust must specify.
(5) In either case—
(a) before that period expires it may extend, or further extend, the suspension for a further specified period, or
(b) if that period has expired, it may impose a further suspension, for a period which it must specify.
(6) The period of suspension (in a subsection (1)(a) case) or the additional period (in a subsection (1)(b) case), including in both cases the period of any further suspension imposed under subsection (5)(b), may not exceed six months in aggregate, except—
(a) in prescribed circumstances, when it may not extend beyond any prescribed event (which may be the expiry of a prescribed period),
(b) if, on the application of the Primary Care Trust, the FHSAA orders accordingly before the expiry of the period of suspension, or
(c) if the Primary Care Trust has applied under paragraph (b) before the expiry of the period of suspension, but the FHSAA has not made an order by the time it expires, in which case it continues until the FHSAA has made an order.
(7) If the FHSAA does so order, it must specify—
(a) the date on which the period of suspension will end, or
(b) an event beyond which it will not continue.
(8) The FHSAA may, on the application of the Primary Care Trust, make a further order (complying with subsection (7)) at any time while the period of suspension pursuant to the earlier order is still continuing.
(9) The Secretary of State may make regulations providing for payments to practitioners who are suspended.
(10) Those regulations may include provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State.
(1) This section applies if the Primary Care Trust decides to remove a practitioner from a list under section 151.
(2) In such a case it may also decide to suspend the practitioner from the list pending any appeal by him, if it is satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest.
(3) If it does suspend the practitioner under this section, the suspension has effect from the date when the Primary Care Trust gave him notice of the suspension.
(4) The suspension has effect until its revocation under subsection (5) or (6) or, if later, until the expiry of the period of 28 days referred to in section 158(1), or, if the practitioner appeals under section 158, until the FHSAA has disposed of the appeal.
(5) The Primary Care Trust may revoke a suspension imposed under this section.
(6) If the practitioner appeals under section 158 against the decision of the Primary Care Trust to remove him from the list, the FHSAA may also revoke a suspension imposed on him under this section.
(7) Subsections (9) and (10) of section 154 apply for the purposes of this section as they apply for the purposes of that.
While a practitioner is suspended (whether under section 154 or under section 155) he must be treated as not being included in the list from which he has been suspended even though his name appears in it.
(1) The Primary Care Trust may, and (except in prescribed cases) if requested in writing to do so by the practitioner must, review a contingent removal or a suspension (other than a contingent removal or a suspension imposed by, or a suspension continuing pursuant to, an order of the FHSAA, or a suspension imposed under section 155).
(2) The practitioner may not request a review before the expiry of the period of—
(a) three months beginning with the date of the decision of the Primary Care Trust to suspend or contingently remove him, or (as appropriate),
(b) six months beginning with the date of its decision on the previous review.
(3) On such a review, the Primary Care Trust may—
(a) confirm the contingent removal or the suspension,
(b) in the case of a suspension, terminate it,
(c) in the case of a contingent removal, vary the conditions, impose different conditions, revoke the contingent removal, or remove the practitioner from the list.
(1) A practitioner may appeal to the FHSAA against a decision of a Primary Care Trust mentioned in subsection (2) by giving notice in writing to the FHSAA within the period of 28 days beginning with the date on which the Primary Care Trust gave him notice of the decision.
(2) The Primary Care Trust decisions in question are—
(a) to remove the practitioner from a list (under section 151 or 152(3) or under subsection (5)(b) of this section),
(b) to remove him contingently (under section 152),
(c) to impose any particular condition under section 152, or to vary any condition or to impose any different condition under that section,
(d) to vary his terms of service (under section 152(4)),
(e) any decision on a review of a contingent removal under section 157.
(3) The appeal must be way of redetermination of the decision of the Primary Care Trust.
(4) On an appeal, the FHSAA may make any decision which the Primary Care Trust could have made.
(5) If the FHSAA decides to remove the practitioner contingently—
(a) the Primary Care Trust and the practitioner may each apply to the FHSAA for the conditions imposed on the practitioner to be varied, for different conditions to be imposed, or for the contingent removal to be revoked, and
(b) the Primary Care Trust may remove him from its list if it determines that he has failed to comply with a condition.
(6) The Primary Care Trust may not remove a person from a list, or impose a contingent removal—
(a) until the expiry of the period of 28 days referred to in subsection (1), or
(b) if the practitioner appeals within that period, until the FHSAA has disposed of the appeal.
(7) Regulations may provide for payments by Primary Care Trusts to practitioners who are removed from lists pursuant to decisions of the FHSAA under this section, but whose appeals against those decisions are successful.
(8) Regulations under subsection (7) may include provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State.
National Health Service Act 2006