108 Persons with whom agreements may be made under section 107
(1) The Board , subject to such conditions as may be prescribed, may make an agreement under section 107 only with one or more of the following—
(a) an NHS trust or an NHS foundation trust,
(b) a dental practitioner ...,
(c) a health care professional ...,
(d) an individual who is providing services—
(i) under a general medical services contract or a general dental services contract or a Welsh general medical services contract or a Welsh general dental services contract,
(ii) in accordance with section 107 arrangements, section 92 arrangements, section 50 arrangements, section 64 arrangements, section 17C arrangements or Article 15B arrangements, or
(iii) under section 17J or 25 of the 1978 Act or Article 57 or 61 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)),
or has so provided them within such period as may be prescribed,
(e) an NHS employee, a section 107 employee, a section 92 employee, a section 50 employee, a section 64 employee, a section 17C employee or an Article 15B employee,
(f) a dental corporation,
(fa) a company limited by shares where the conditions in subsection (1A) are satisfied,
(fb) a limited liability partnership where subsection (1B) or (1C) applies,
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) The conditions referred to in subsection (1)(fa) are that—
(a) every person who owns a share in the company owns it both legally and beneficially, and
(b) it is not possible for two or more members of the company who are not persons who fall within subsection (1)(a) to (e) to hold the majority of the voting rights conferred by shares in the company on any matter on which members have such rights.
(1B) This subsection applies if a member of the partnership who falls within subsection (1)(a) to (e) has the power to secure that the partnership's affairs are conducted in accordance with that member's wishes.
(1C) This subsection applies if, in any combination of members of the partnership who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership's affairs are conducted in accordance with their wishes, at least one of them falls within subsection (1)(a) to (e).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In this section—
“the 1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29),
“Article 15B arrangements” means arrangements for the provision of services made under Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972,
“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 those services,
“dental corporation” means a body corporate which is carrying on the business of dentistry in accordance with the Dentists Act 1984,
“health care professional” means a person who is a member of a profession regulated by a body mentioned (at the time the agreement in question is made) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17),
“NHS employee” means an individual who, in connection with the provision of services in the health service, the Scottish health service or the Northern Ireland health service, is employed by—
an NHS trust, an NHS foundation trust or (in Northern Ireland) a Health and Social Services Trust,
a ... Local Health Board,
a person who is providing services under a general medical services contract or a general dental services contract or a Welsh general medical services contract or a Welsh general dental services contract,
an individual who is providing services as specified in subsection (1)(d)(iii),
“the Northern Ireland health service” means the health service within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972,
...
“the Scottish health service” means the health service within the meaning of the National Health Service (Scotland) Act 1978,
“section 17C arrangements” means arrangements for the provision of services made under section 17C of the 1978 Act,
“section 17C employee” means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by a person providing or performing those services,
“section 50 arrangements” means arrangements for the provision of services made under section 50 of the National Health Service (Wales) Act 2006 (c. 42),
“section 64 arrangements” means arrangements for the provision of services made under section 64 of that Act,
“section 107 employee” means an individual who, in connection with the provision of services in accordance with section 107 arrangements, is employed by a person providing or performing those services,
“section 92 employee” means an individual who, in connection with the provision of services in accordance with section 92 arrangements, is employed by a person providing or performing those services,
“section 50 employee” means an individual who, in connection with the provision of services in accordance with section 50 arrangements, is employed by a person providing or performing those services,
“section 64 employee” means an individual who, in connection with the provision of services in accordance with section 64 arrangements, is employed by a person providing or performing those services,
“Welsh general medical services contract” means a contract under section 42(2) of the National Health Service (Wales) Act 2006, and
“Welsh general dental services contract” means a contract under section 57(2) of that Act.
(1) The Secretary of State may make regulations about the provision of services in accordance with section 107 arrangements.
(2) The regulations must include provision for participants other than the Board to withdraw from section 107 arrangements if they wish to do so.
(3) The regulations may, in particular—
(a) provide that section 107 arrangements may be made only in prescribed circumstances,
(b) provide that section 107 arrangements may be made only in prescribed areas,
(c) provide that only prescribed services, or prescribed categories of service, may be provided in accordance with section 107 arrangements,
(ca) make provision with respect to the performance outside England of services to be provided in accordance with section 107 arrangements,
(d) impose conditions (including conditions as to qualifications and experience) to be satisfied by persons performing services in accordance with section 107 arrangements,
(e) require details of section 107 arrangements to be published,
(f) make provision with respect to the variation and termination of section 107 arrangements,
(g) provide for parties to section 107 arrangements to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 9,
(h) provide for directions, as to payments, made under section 9(11) (as it has effect as a result of regulations made by virtue of paragraph (g)) to be enforceable in the county court (if the court so orders) as if they were judgments or orders of that court.
(4) The regulations may also require payments to be made under the arrangements in accordance with directions given for the purpose by the Secretary of State.
(5) A direction may make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates.
(6) The regulations may also include provision requiring the Board, in prescribed circumstances and subject to prescribed conditions, to enter into a general dental services contract on prescribed terms with any person who is providing services under section 107 arrangements and who so requests.
(7) The regulations may also include provision for the resolution of disputes as to the terms of any proposed section 107 arrangements, and in particular may make provision—
(a) for the referral of the terms of the proposed arrangements to the Secretary of State, and
(b) for the Secretary of State or a person appointed by him to determine the terms on which the arrangements may be entered into.
(8) The regulations must provide for the circumstances in which a person providing primary dental services under section 107 arrangements—
(a) must or may accept a person as a patient to whom such services are so provided,
(b) may decline to accept a person as such a patient,
(c) may terminate his responsibility for a patient.
(9) The regulations must make provision as to the right of patients to choose the persons from whom they receive services under section 107 arrangements.
(1) A local authority has such functions in relation to dental public health in England as may be prescribed.
(2) The functions of a local authority under this section may be discharged—
(a) by the local authority itself,
(b) by the local authority and one or more other local authorities acting jointly, or
(c) by any other person or body in accordance with arrangements made by the local authority.
(3) In this section, “local authority” has the same meaning as in section 2B.
112 Assistance and support: primary dental services
(1) The Board may provide assistance or support to any person providing or proposing to provide—
(a) primary dental services under a general dental services contract, or
(b) primary dental services in accordance with section 107 arrangements.
(2) Assistance or support provided by the Board under subsection (1) is provided on such terms, including terms as to payment, as the Board considers appropriate.
(3) “Assistance” includes financial assistance.
(1) The Board may recognise a committee formed for an area, which it is satisfied is representative of—
(a) the persons to whom subsection (2) applies, and
(b) the persons to whom subsection (3) applies.
(2) This subsection applies to each 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.
(3) This subsection applies to each other dental practitioner—
(a) who is performing primary dental services in the area for which the committee is formed—
(i) pursuant to section 99(2),
(ii) in accordance with section 107 arrangements, or
(iii) under a general dental services contract, and
(b) who has notified the Board that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented).
(4) A committee recognised under this section is called the Local Dental Committee for the area for which it is formed.
(5) Any such committee may delegate any of its functions, with or without restrictions or conditions, to sub-committees composed of members of that committee.
(6) Regulations may require the 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.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) A committee recognised under this section has such other functions as may be prescribed.
(9) A committee recognised under this section must in respect of each year determine—
(a) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(a), and
(b) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(b).
(10) The 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 (9)(a) as the Board may determine, and
(b) deduct the amount of such sums from the remuneration of persons of whom it is representative under subsection (1)(a) under the general dental services contracts entered into by them with the Board.
(11) A committee recognised under this section must apportion the amount determined by it under subsection (9)(b) among the persons of whom it is representative under subsection (1)(b); and each such person must pay in accordance with the committee's directions the amount so apportioned to him.
(12) The administrative expenses of a committee include the travelling and subsistence allowances payable to its members.
114 Use of accommodation: provision of primary dental services
If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of primary dental services, he may make the accommodation available on such terms as he considers appropriate to persons providing those services.
(1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary dental services.
(2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary dental services (including functions which the Board has been directed to exercise under subsection (1)).
(1) The Board must exercise its powers so as to secure the provision throughout England of the following primary ophthalmic services—
(a) the sight-testing service mentioned in subsection (2),
(b) such other primary ophthalmic services as may be prescribed, and
(c) to the extent that it considers necessary to meet all reasonable requirements, any further primary ophthalmic services.
(1A) Arrangements made for the purposes of subsection (1) may include arrangements for the performance of a service outside England.
(2) The sight-testing service mentioned in subsection (1)(a) is a service for testing the sight of all of the following persons (except any such testing which takes place in prescribed circumstances)—
(a) those aged under 16,
(b) those aged 16, 17 or 18 who are receiving qualifying full-time education,
(c) those whose resources must be treated in accordance with regulations as being less than or equal to their requirements,
(d) those aged 60 or over,
(e) those of such other description as may be prescribed.
(3) Regulations may—
(a) prescribe what “qualifying full-time education” is for the purposes of subsection (2)(b),
(b) make provision for the purposes of subsection (2)(c) about how a person's resources and requirements must be calculated.
(4) The Board may (in addition to any other power conferred on it) make such arrangements for the provision of primary ophthalmic services as it considers appropriate; and it may, in particular, make contractual arrangements with any person.
(4A) Arrangements made for the purposes of subsection (4) may include arrangements for the performance of a service outside England.
(5) The Board must publish information about such matters as may be prescribed in relation to the primary ophthalmic services provided under this Act.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Regulations may provide that services of a prescribed description must, or must not, be regarded as primary ophthalmic services for the purposes of this Act (but these regulations may not affect the duty in subsection (1)(a)).
(8) Regulations under subsection (7) may in particular describe services by reference to the manner or circumstances in which they are provided.
(9) Regulations may provide that a person—
(a) whose sight is tested by a person who is a party to a general ophthalmic services contract, and
(b) who is shown during the testing or within a prescribed time after it to fall within any of paragraphs (a) to (e) of subsection (2),
must be taken for the purposes of the testing to have so fallen immediately before his sight was tested.
(10) In the case mentioned in subsection (9), the testing of his sight must (unless it took place in circumstances prescribed under subsection (2)) be treated as a testing under the sight-testing service mentioned in subsection (1)(a)—
(a) for the purposes of remuneration in respect of the testing, and
(b) for any such other purpose as may be prescribed.
(1) Regulations under section 115 which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference must be construed as a reference to that Act or instrument—
(a) as it has effect at the time when the regulations are made, or
(b) both as it has effect at that time and as amended subsequently.
(2) Descriptions of persons may be prescribed under section 115(2)(e) by reference to any criterion, including the following—
(a) their age,
(b) the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition,
(c) the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances,
(d) their receipt of benefit in money or kind under any enactment or their entitlement to receive any such benefit,
(e) the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits.
(3) Regulations under section 115(3)(b) may direct that a person's resources and requirements be calculated—
(a) by a method set out in the regulations,
(b) by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications,
(c) by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament, or
(d) by reference to the person's being or having been entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.
117 General ophthalmic services contracts: introductory
(1) The Board may enter into a contract under which primary ophthalmic services are provided in accordance with the following provisions of this Part.
(2) A contract under this section is called in this Act a “general ophthalmic services contract”.
(3) A general ophthalmic services contract may make such provision as may be agreed between the Board and the contractor or contractors in relation to—
(a) the services to be provided under the contract,
(b) remuneration under the contract, and
(c) any other matters.
(4) The services to be provided under a general ophthalmic services contract may include—
(a) services which are not primary ophthalmic services,
(b) services which are to be performed outside England.
(5) In this Part, “contractor”, in relation to a general ophthalmic services contract, means any person entering into the contract with the Board.
(1) The Board may, subject to such conditions and exceptions as may be prescribed, enter into a general ophthalmic services contract with any person.
(2) But it may not enter into such a contract with a person who has been disqualified from doing so by an order of disqualification made by virtue of regulations under section 119.
(1) The Secretary of State may make regulations conferring on the Board, or another prescribed person, a right to apply to the First-tier Tribunal in prescribed circumstances for an order that a person (“P”) be disqualified from entering into a general ophthalmic services contract.
(2) The regulations may in particular provide for—
(a) the review by the First-tier Tribunal of an order of disqualification made by virtue of regulations under this section,
(b) what will happen in relation to general ophthalmic services contracts to which P is a party when the order is made.
(1) The Secretary of State may give directions as to payments to be made under general ophthalmic services contracts.
(2) A general ophthalmic services contract must require payments to be made under the contract in accordance with directions under this section.
(3) A direction under subsection (1) may in particular—
(a) provide for payments to be made by reference to compliance with standards or the achievement of levels of performance,
(b) provide for payments to be made by reference to—
(i) any scheme or scale specified in the direction, or
(ii) a determination made by any person in accordance with factors specified in the direction,
(c) provide for the making of payments in respect of individual practitioners,
(d) provide that the whole or any part of a payment is subject to conditions (and may provide that payments are payable by the Board only if it is satisfied as to certain conditions),
(e) make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates.
(4) Before giving a direction under subsection (1), the Secretary of State—
(a) must consult any body appearing to him to be representative of persons to whose remuneration the direction would relate, and
(b) may consult such other persons as he considers appropriate.
(5) “Payments” includes fees, allowances, reimbursements, loans and repayments.
(1) A general ophthalmic services contract must contain such provision as may be prescribed (in addition to the provision required by the preceding provisions of this Part).
(2) Regulations under subsection (1) may in particular make provision as to—
(a) the manner in which, and standards to which, services must be provided,
(b) the persons who perform services,
(c) the persons to whom services will be provided,
(d) the variation of contract terms (other than terms required by or under this Part),
(e) rights of entry and inspection (including inspection of clinical records and other documents),
(f) the circumstances in which, and the manner in which, the contract may be terminated,
(g) enforcement,
(h) the adjudication of disputes.
(3) Regulations under subsection (2)(d) may—
(a) make provision as to the circumstances in which the Board may impose a variation of contract terms,
(b) make provision as to the suspension or termination of any duty under the contract to provide services of a prescribed description.
(4) Regulations making provision of the kind described in subsection (3)(b) may prescribe services by reference to the manner or circumstances in which they are provided.
(5) Regulations under subsection (1) must make provision as to the right of persons to whom services are provided to choose the persons from whom they receive them.
(1) Regulations may make provision for the resolution of disputes as to the terms of a proposed general ophthalmic services contract.
(2) Regulations under subsection (1) may make provision—
(a) for the referral of the terms of the proposed contract to the Secretary of State, and
(b) for the Secretary of State, or a person appointed by him, to determine the terms on which the contract may be entered into.
(3) Regulations may make provision for a person or persons entering into a general ophthalmic services contract to be regarded, in circumstances where he or they so elect, as a health service body for the purposes of section 9, but only so far as concerns the general ophthalmic services contract (and not for any other purpose).
(4) Regulations under subsection (3) may include provision as to the application of section 9 in cases where—
(a) persons practising in partnership elect to become a health service body, and
(b) there is a change in the membership of the partnership.
(5) Where—
(a) by virtue of regulations under subsection (3), subsection section 9(11) applies in relation to a general ophthalmic services contract, and
(b) a direction as to payments is made under that provision in relation to the contract,
the direction is enforceable in the county court (if the court so orders) as if it were a judgment or order of that court.
(1) Regulations may provide that a health care professional of a prescribed description may not perform any primary ophthalmic service for which the Board is responsible unless he is included in a list maintained under the regulations by NHS England.
(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) the Board is responsible for an ophthalmic 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 ... 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 NHS England 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 NHS England,
(b) NHS England 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 NHS England 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 under this section may, in particular, also prescribe the qualifications and experience which a medical practitioner who applies for inclusion in a list under this section must have, and may—
(a) provide for the practitioner to show to the satisfaction of a committee recognised by the Secretary of State for the purpose that he possesses such qualifications and experience,
(b) confer on a person who is dissatisfied with the determination of such a committee a right of appeal to a committee appointed by the Secretary of State, and
(c) provide for anything which appears to the Secretary of State to be appropriate in connection with that right of appeal.
(7) Regulations making provision as to the matters referred to in subsection (3)(k) may in particular authorise the disclosure of information—
(a) by NHS England to the Secretary of State, and
(b) by the Secretary of State to NHS England.
124 Assistance and support: primary ophthalmic services
(1) The Board may provide assistance or support to any person providing or proposing to provide primary ophthalmic services under a general ophthalmic services contract or primary ophthalmic services that fall within section 115(4).
(2) Assistance or support provided by the Board under subsection (1) is provided on such terms, including terms as to payment, as the Board considers appropriate.
(3) “Assistance” includes financial assistance.
(1) The Board may recognise a committee formed for an area, which it is satisfied is representative of—
(a) the persons to whom subsection (2) applies, and
(b) the persons to whom subsection (3) applies.
(2) This subsection applies to each person who, under a general ophthalmic services contract entered into by him, is providing primary ophthalmic services in the area for which the committee is formed.
(3) This subsection applies to each optometrist not falling within subsection (2)—
(a) who is performing primary ophthalmic services in the area for which the committee is formed ... under a general ophthalmic services contract, and
(b) who has notified the Board that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented).
(4) A committee recognised under this section is called the Local Optical Committee for the area for which it is formed.
(5) Any such committee may delegate any of its functions, with or without restrictions or conditions, to sub-committees composed of members of that committee.
(6) Any such committee may co-opt persons not falling within subsection (2) or (3) on such terms as it considers appropriate.
(7) Regulations may require the Board, in the exercise of its functions relating to primary ophthalmic services, to consult any committee recognised by it under this section on such occasions and to such extent as may be prescribed.
(8) A committee recognised under this section has such other functions as may be prescribed.
(9) A committee recognised under this section must in respect of each year determine the amount of its administrative expenses for that year.
(10) The Board may—
(a) on the request of a committee recognised by it, allot to that committee such sums as the Board may determine for defraying the committee's administrative expenses, and
(b) deduct the amount of such sums from the remuneration of persons of whom the committee is representative under subsection (1)(a) under the general ophthalmic services contracts entered into by those persons with the Board.
(11) The administrative expenses of a committee include the travelling and subsistence allowances payable to its members.
(1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary ophthalmic services.
(2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary ophthalmic services (including functions which the Board has been directed to exercise under subsection (1)).
(4) The Board may direct a clinical commissioning group, a Special Health Authority or such other body as may be prescribed to exercise any of the Board's functions relating to the provision of primary ophthalmic services.
(5) The Board may give directions to a clinical commissioning group, a Special Health Authority or such other body as may be prescribed about the exercise by the body of any functions relating to the provision of primary ophthalmic services (including functions which it has been directed to exercise under subsection (4)).
(6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
(7) Where the Board gives a direction to a body under subsection (4) or (5), it may disclose to the body the information it has about the provision of the primary ophthalmic services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the body to exercise the function specified in the direction.
(8) A body which is given a direction under subsection (4) or (5) must report to the Board on matters arising out of the exercise of the function to which the direction relates.
(9) A report under subsection (8) must be made in such form and manner as the Board may specify.
(10) The Board may, in exercising its functions relating to the provision of the primary ophthalmic services in question, have regard to a report under subsection (8).
(1) NHS England must, in accordance with regulations, make the arrangements mentioned in subsection (3).
(2) The Secretary of State must make regulations for the purpose of subsection (1).
(3) The arrangements are arrangements for the provision to persons who are in England of—
(a) proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a medical practitioner in pursuance of his functions in the health service, the Scottish health service, the Northern Ireland health service or the armed forces of the Crown,
(b) proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a dental practitioner in pursuance of—
(i) his functions in the health service, the Scottish health service or the Northern Ireland health service (other than functions exercised in pursuance of the provision of services mentioned in paragraph (c)), or
(ii) his functions in the armed forces of the Crown,
(c) listed drugs and medicines and listed appliances which are ordered for those persons by a dental practitioner in pursuance of the provision of primary dental services or equivalent services in the Scottish health service or the Northern Ireland health service,
(d) such drugs and medicines and such listed appliances as may be determined by the Secretary of State for the purposes of this paragraph and which are ordered for those persons by a prescribed description of person in accordance with such conditions, if any, as may be prescribed, in pursuance of functions in the health service, the Scottish health service, the Northern Ireland health service or the armed forces of the Crown, and
(e) such other services as may be prescribed.
(4) The descriptions of persons which may be prescribed for the purposes of subsection (3)(d) are the following, or any sub-category of such a description—
(a) persons who are registered in the register maintained under article 5 of the Health Professions Order 2001,
(b) persons who are registered pharmacists,
(c) persons who are registered in the dental care professionals register established under section 36B of the Dentists Act 1984 (c. 24),
(d) persons who are optometrists,
(e) persons who are registered osteopaths within the meaning of the Osteopaths Act 1993 (c. 21),
(f) persons who are registered chiropractors within the meaning of the Chiropractors Act 1994 (c. 17),
(g) persons who are registered nurses or registered midwives,
(h) persons not mentioned above who are registered in any register established, continued or maintained under an Order in Council under section 60(1) of the Health Act 1999 (c. 8),
(i) any other description of persons which appears to the Secretary of State to be a description of persons whose profession is regulated by or under a provision of, or made under, an Act of the Scottish Parliament or Northern Ireland legislation and which the Secretary of State considers it appropriate to specify.
(4A) Subsection (4)(h) does not apply to persons in so far as they are registered as social care workers in England (within the meaning of section 60 of the Health Act 1999).
(5) A determination under subsection (3)(d) may—
(a) make different provision for different cases,
(b) provide for the circumstances or cases in which a drug, medicine or appliance may be ordered,
(c) provide that persons falling within a description specified in the determination may exercise discretion in accordance with any provision made by the determination in ordering drugs, medicines and listed appliances.
(6) The arrangements which may be made by NHS England under subsection (1) include arrangements for the provision of a service by means such that the person receiving it does so otherwise than at the premises from which it is provided.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The services provided under this section are, together with additional pharmaceutical services provided in accordance with a direction under section 127, referred to in this Act as “pharmaceutical services”.
(9) In this section—
“armed forces of the Crown” does not include forces of a Commonwealth country or forces raised in a colony,
“listed” means included in a list approved by the Secretary of State for the purposes of this section,
“the Scottish health service” means the health service within the meaning of the National Health Service (Scotland) Act 1978 (c. 29), and
“the Northern Ireland health service” means the health service within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)).
127 Arrangements for additional pharmaceutical services
(1) The Secretary of State may—
(a) give directions to NHS England requiring it to arrange for the provision to persons in England of additional pharmaceutical services, or
(b) by giving directions to NHS England authorise it to arrange for such provision if it wishes to do so.
(2) Directions under this section may require or authorise NHS England to arrange for the provision of a service by means such that the person receiving it does so otherwise than at the premises from which it is provided....
(3) The Secretary of State must publish any directions under this section in the Drug Tariff or in such other manner as he considers appropriate.
(4) In this section—
“additional pharmaceutical services”, in relation to directions, means the services (of a kind that do not fall within section 126) which are specified in the directions, and
“Drug Tariff” means the Drug Tariff published under regulation 18 of the National Health Service (Pharmaceutical Services) Regulations 1992 (S.I. 1992/662) or under any corresponding provision replacing, or otherwise derived from, that regulation.
(1) Directions under section 127 may require NHS England, 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—
(a) whose name is included in a pharmaceutical list, or
(b) who has entered into a pharmaceutical care services contract under section 17Q of the National Health Service (Scotland) Act 1978.
(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) NHS England 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, NHS England must publish, in such manner as the Secretary of State may direct, such details of the arrangements as he may direct.
(6) “Pharmaceutical list” includes, subject to any provision of the directions in question, a list published in accordance with regulations made under—
(a) section 83(2)(a) of the National Health Service (Wales) Act 2006 (c. 42), or
(b) Article 63(2A)(a) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)).
(1) Each Health and Wellbeing Board must in accordance with regulations—
(a) assess needs for pharmaceutical services in its area, and
(b) publish a statement of its first assessment and of any revised assessment.
(2) The regulations must make provision—
(a) as to information which must be contained in a statement;
(b) as to the extent to which an assessment must take account of likely future needs;
(c) specifying the date by which a Health and Wellbeing Board must publish the statement of its first assessment;
(d) as to the circumstances in which a Health and Wellbeing Board must make a new assessment.
(3) The regulations may in particular make provision—
(a) as to the pharmaceutical services to which an assessment must relate;
(b) requiring a Health and Wellbeing Board to consult specified persons about specified matters when making an assessment;
(c) as to the manner in which an assessment is to be made;
(d) as to matters to which a Health and Wellbeing Board must have regard when making an assessment.
(1) Regulations must provide for securing that arrangements made by NHS England under section 126 will—
(a) enable persons for whom drugs, medicines or appliances mentioned in that section are ordered as there mentioned to receive them from persons with whom such arrangements have been made, and
(b) ensure the provision of services prescribed under subsection (3)(e) of that section by persons with whom such arrangements have been made.
(2) The regulations must include provision—
(a) for the preparation and publication by NHS England of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in England,
(b) that an application to NHS England for inclusion in a pharmaceutical list must be made in the prescribed manner and must state—
(i) the services which the applicant will undertake to provide and, if they consist of or include the supply of appliances, which appliances he will undertake to supply, and
(ii) the premises from which he will undertake to provide those services,
(c) that, except in prescribed cases (which may, in particular, include cases of applications for the provision only of services falling within subsection (7))—
(i) an application for inclusion in a pharmaceutical list by a person not already included, and
(ii) an application by a person already included in a pharmaceutical list for inclusion also in respect of services or premises other than those already listed in relation to him,
may be granted only if NHS England is satisfied as mentioned in subsection (2A), ... and
(d) for the removal of an entry in respect of premises from a pharmaceutical list if it has been determined in the prescribed manner that the person to whom the entry relates—
(i) has never provided from those premises, or
(ii) has ceased to provide from them,
the services, or any of the services, which he is listed as undertaking to provide from them.
(2ZA) NHS England may not include the Secretary of State, or such other persons as the regulations may prescribe, in a list prepared for the purposes of provision under subsection (2)(a).
(2ZB) Regulations under subsection (2)(a) may, in particular, require a list of persons to be prepared by reference to the area in which the premises from which the services are provided are situated (and regulations imposing that requirement must prescribe the description of area by reference to which the list is to be prepared).
(2A) NHS England is satisfied as mentioned in this subsection if, having regard to the needs statement for the relevant area and to any matters prescribed by the Secretary of State in the regulations, it is satisfied that to grant the application would—
(a) meet a need in that area for the services or some of the services specified in the application, or
(b) secure improvements, or better access, to pharmaceutical services in that area.
(2B) In subsection (2A), “relevant area”, in relation to a needs statement, is the area of the Health and Wellbeing Board which includes the premises from which the application states that the applicant will undertake to provide services.
(2C) In relation to cases where NHS England is satisfied as mentioned in subsection (2A), the regulations may make provision as to—
(a) the manner in which NHS England is to determine whether to grant the application,
(b) matters which NHS England must or must not take into account for the purpose of determining whether to grant the application.
(3) The regulations may prescribe the extent to which the provision of LP services (within the meaning given by paragraph 1 of Schedule 12) must be taken into account in determining whether to grant an application for inclusion in a pharmaceutical list.
(3A) The regulations may prescribe circumstances in which two or more applications referred to in subsection (2)(c)(i) or (ii) may be considered together by NHS England.
(4) The regulations may make provision for NHS England to take into account prescribed matters in the case where—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) two or more applications referred to in subsection (2)(c)(i) or (ii) are considered together by NHS England, and
(c) NHS England would be satisfied as mentioned in subsection (2A) ... in relation to each application taken on its own, but is not so satisfied in relation to all of them taken together.
(4A) Regulations under subsection (4) may in particular make the provision mentioned in subsection (5), with or without modifications.
(5) The provision mentioned in this subsection is provision for NHS England, in determining which application (or applications) to grant, to take into account any proposals specified in the applications in relation to the sale or supply at the premises in question, otherwise than by way of pharmaceutical services or in accordance with a private prescription, of—
(a) drugs and medicines, and
(b) other products for, or advice in relation to, the prevention, diagnosis, monitoring or treatment of illness or handicap, or the promotion or protection of health.
(6) The regulations may include provision—
(za) for the circumstances and manner in which NHS England may invite applications for inclusion in a pharmaceutical list,
(a) that an application to NHS England may be granted in respect of some only of the services specified in it,
(b) that an application to NHS England relating to services of a prescribed description may be granted only if it appears to NHS England that the applicant has satisfied such conditions with regard to the provision of those services as may be prescribed,
(c) that an application to NHS England by a person who qualified to have his name registered as a pharmacist in the Register maintained under article 19 of the Pharmacy Order 2010 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland, may not be granted unless the applicant satisfies NHS England that he has the knowledge of English which, in the interest of himself and persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services ...,
(d) that the inclusion of a person in a pharmaceutical list ... an application to NHS England may be for a fixed period,
(e) that, where the premises from which an application states that the applicant will undertake to provide services are in an area of a prescribed description, the applicant may not be included in the pharmaceutical list unless his inclusion is approved by reference to prescribed criteria by NHS England in whose area those premises are situated,
(f) that NHS England may give its approval subject to conditions,
(g) as to other grounds on which or circumstances in which NHS England —
(i) may, or must, refuse to grant an application (including grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153),
(ii) may, or must, remove a person or an entry in respect of premises from a pharmaceutical list,
(h) as to information which must be supplied to NHS England by a person included, or seeking inclusion, in a pharmaceutical list (or by arrangement with him),
(i) for the supply to NHS England by an individual—
(i) who is included, or seeking inclusion, in a pharmaceutical list, or
(ii) who is a member of the body of persons controlling a body corporate included, or seeking inclusion, in a pharmaceutical list,
of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act,
(j) for grounds on which NHS England may defer a decision whether or not to grant an application,
(k) for the disclosure by NHS England, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a pharmaceutical list, and refusals by NHS England to grant such applications,
(l) as to criteria to be applied in making decisions under the regulations (other than decisions required by virtue of paragraph (e)),
(m) as to the making of declarations about—
(i) financial interests,
(ii) gifts above a prescribed value, and
(iii) other benefits received.
(7) A service falls within this subsection if the means of providing it is such that the person receiving it does so otherwise than at the premises from which it is provided.
(8) The regulations may, in respect of services falling within subsection (7), include provision—
(a) requiring persons to be approved for the purposes of providing such services, or
(b) requiring NHS England to make the grant of an application subject to prescribed conditions.
(9) The approval mentioned in subsection (8)(a) is approval by the Secretary of State or such other person as may be specified in the regulations, in accordance with criteria to be specified in or determined under the regulations (whether by the Secretary of State or by another person so specified).
(10) Before making regulations by virtue of subsection (6)(m), the Secretary of State must consult such organisations as he considers appropriate appearing to him to represent persons providing pharmaceutical services.
(10A) NHS England must give reasons for decisions made by virtue of this section.
(10B) In this section a “needs statement” means the statement required by section 128A(1)(b) as most recently published by the relevant Health and Wellbeing Board.
(11) In this Act a “pharmaceutical list” means a list published in accordance with regulations made under subsection (2)(a).
(1) Regulations under section 129 must include provision conferring on such persons as may be prescribed rights of appeal from decisions made by virtue of that section.
(2) If regulations made by virtue of section 129(6)(g) provide that NHS England may refuse to grant an application on grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153, they must also provide for an appeal ... to the First-tier Tribunal against the decision of NHS England.
(3) Regulations under section 129 must be so framed as to preclude—
(a) a person included in a pharmaceutical list, and
(b) an employee of such a person,
from taking part in the decision whether an application such as is mentioned in section 129(2)(c) should be granted or an appeal against such a decision brought by virtue of subsection (1) of this section should be allowed.
(1) The Secretary of State may give directions to NHS England requiring it to charge a fee in cases or descriptions of case specified in the directions to persons who make an application referred to in section 129(2)(c)(i) or (ii).
(2) The Secretary of State may in the directions—
(a) specify the fee himself, or
(b) require NHS England to determine the amount of the fee in accordance with any requirements set out in the directions.
(3) Before determining the amount of the fee-
(a) in a subsection (2)(a) case, the Secretary of State must consult such organisations as he considers appropriate that appear to him to represent persons providing pharmaceutical services, ...
(b) in a subsection (2)(b) case, NHS England must undertake any consultation required by the directions.
(4) The Secretary of State must publish in such manner as he considers appropriate any directions he gives under this section.
(5) In a subsection (2)(b) case, NHS England must publish in such manner as it considers appropriate the fee which it determines.
132 Persons authorised to provide pharmaceutical services
(1) Except as may be provided for by or under regulations, no arrangements may be made by NHS England with a medical practitioner or dental practitioner under which he is required or agrees to provide pharmaceutical services to any person to whom he is rendering primary medical services or primary dental services.
(2) Except as may be provided for by or under regulations, no arrangements for the dispensing of medicines may be made under this Chapter with persons other than persons who—
(a) are registered pharmacists or persons lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968 (c. 67), and
(b) undertake that all medicines supplied by them under the arrangements will be dispensed either by or under the supervision of a registered pharmacist.
(3) Regulations must provide for the preparation and publication by NHS England of one or more lists of medical practitioners who undertake to provide drugs, medicines or listed appliances (within the meaning given by section 126) under arrangements with NHS England.
(4) The regulations may, in particular, include provision—
(a) as to grounds on which NHS England may, or must, refuse to grant an application for inclusion in a list of medical practitioners referred to in subsection (3) (including grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153(2)),
(aa) requiring a list of medical practitioners referred to in subsection (3) to be prepared by reference to an area of a prescribed description,
(b) as to information which must be supplied to NHS England by a medical practitioner included, or seeking inclusion, in such a list (or by arrangement with him),
(c) for the supply to NHS England by a medical practitioner who is included, or seeking inclusion, in such a list of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act,
(d) for grounds on which NHS England may defer a decision whether or not to grant an application for inclusion in such a list,
(e) for the disclosure by NHS England to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Primary Care Trust to grant such applications,
(f) as to criteria to be applied in making decisions under the regulations.
(5) If regulations made by virtue of subsection (4)(a) provide that NHS England may refuse to grant an application for inclusion in such a list, they must also provide for an appeal (by way of redetermination) to the First-tier Tribunal against the decision of NHS England.
(6) The regulations must include provision for the removal of an entry from a list in prescribed circumstances.
(7) No arrangements for the provision of—
(a) pharmaceutical services falling within section 126(3)(e), or
(b) additional pharmaceutical services provided in accordance with a direction under section 127,
may be made with persons other than those who are registered pharmacists or are of a prescribed description.
(8) Where—
(a) arrangements for the provision of pharmaceutical services have been made with a registered pharmacist, and
(b) his registration is suspended by virtue of any direction or order under the Pharmacy Order 2010,
he may not provide pharmaceutical services in person during the period of suspension.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
133 Inadequate provision of pharmaceutical services
(1) Subsection (2) applies if the Secretary of State is satisfied, after such inquiry as he considers appropriate, that—
(a) as respects any part of England, the persons whose names are included in any pharmaceutical list are not such as to secure the adequate provision of pharmaceutical services in that ... part, or
(b) for any other reason any considerable number of persons in any part of England are not receiving satisfactory services under the arrangements in force under this Chapter.
(2) Where this subsection applies, the Secretary of State—
(a) may authorise NHS England to make such other arrangements as he may approve, or may himself make such other arrangements, and
(b) may dispense with any of the requirements of regulations made under this Part (other than Chapters 2 to 4) so far as appears to him necessary to meet exceptional circumstances and enable such arrangements to be made.
(1) NHS England may establish pilot schemes.
(2) In this Part, a “pilot scheme” means one or more agreements—
(a) made by NHS England in accordance with this Chapter, and
(b) under which local pharmaceutical services will be provided ..., ...
(c) ...
(3) A pilot scheme may include arrangements—
(a) for the provision of services which are not local pharmaceutical services, but which may be provided under this Act, other than under Chapter 1 of this Part, and whether or not of the kind usually provided by pharmacies,
(b) for the provision of training and education (including training and education for persons who are, or may become, involved in the provision of local pharmaceutical services).
(4) A pilot scheme may not combine arrangements for the provision of local pharmaceutical services with arrangements for the provision of primary medical services or primary dental services.
(5) In determining the arrangements it needs to make in order to comply with section 126, NHS England may take into account arrangements under a pilot scheme made by it.
(6) The functions of an NHS trust and an NHS foundation trust include power to provide any services to which a pilot scheme applies.
(7) In this Chapter—
“local pharmaceutical services” means such services of a kind which may be provided under section 126, or by virtue of section 127 (other than practitioner dispensing services) as may be prescribed for the purposes of this Chapter, and
“piloted services” means services provided under a pilot scheme (including any services to which the scheme applies as a result of subsection (3)).
(8) “Practitioner dispensing services” means the provision of drugs, medicines or listed appliances (within the meaning given by section 126) by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 132(1).
136 Designation of priority neighbourhoods or premises
(1) The Secretary of State may make regulations allowing NHS England to designate—
(a) relevant areas,
(b) premises, or
(c) descriptions of premises,
for the purposes of this section.
(2) The regulations may, in particular, make provision—
(a) as to the circumstances in which, and the relevant areas or premises in relation to which, designations may be made or maintained,
(b) allowing NHS England to defer consideration of pharmaceutical list applications relating to relevant areas, premises or descriptions of premises that have been designated,
(c) allowing a designation to be cancelled in prescribed circumstances,
(d) requiring a designation to be cancelled—
(i) if the Secretary of State gives a direction to that effect, or
(ii) in prescribed circumstances.
(3) “Pharmaceutical list applications” means applications for inclusion in a pharmaceutical list.
(4) “Relevant area” has the same meaning as in section 129(2A).
(1) At least one review of the operation of each pilot scheme must be conducted by the Secretary of State.
(2) Each pilot scheme must be reviewed under this section before the end of the period of three years beginning with the date on which piloted services are first provided under the scheme.
(3) When conducting a review of a pilot scheme, the Secretary of State must give—
(a) NHS England, and
(b) any person providing services under the scheme,
an opportunity to comment on any matter relevant to the review.
(4) Otherwise, the procedure on any review must be determined by the Secretary of State.
(1) The Secretary of State may give directions authorising NHS England to vary pilot schemes (otherwise than in response to directions given under subsection (2)) in such circumstances, and subject to such conditions, as may be specified in the directions.
(2) The Secretary of State may by directions require a pilot scheme to be varied by NHS England in accordance with the directions.
(3) If satisfied that a pilot scheme is (for any reason) unsatisfactory, the Secretary of State may give directions to NHS England requiring it to bring the scheme to an end in accordance with the terms of the directions.
139 NHS contracts and the provision of piloted services
(1) In the case of a pilot scheme entered into, or to be entered into, by a single individual or body corporate (other than an NHS foundation trust), that individual or body may make an application under this section to become a health service body.
(2) In the case of any other pilot scheme, all of those providing, or proposing to provide, piloted services under the scheme may together make an application under this section to become a single health service body.
(3) An application must—
(a) be made to the Secretary of State in accordance with such provisions as may be made by regulations, and
(b) specify the pilot scheme in relation to which it is made.
(4) Except in such cases as may be prescribed, the Secretary of State may grant an application.
(5) If an application is granted, the Secretary of State must specify a date in relation to that application and, as from that date—
(a) in the case of an application under subsection (1), the applicant is, and
(b) in the case of an application under subsection (2), the applicants together are,
a health service body for the purposes of section 9.
(6) That section has effect in relation to such a health service body (“a PHS body”), acting as commissioner, as if the functions referred to in section 9(1) were the provision of piloted services.
(7) Except in such circumstances as may be prescribed, a PHS body resulting from an application under subsection (2) must be treated, at any time, as consisting of those who are providing piloted services under the scheme.
(8) A direction as to payment made under section 9(11) against, or in favour of, a PHS body is enforceable in the county court (if the court so orders) as if it were a judgment or order of that court.
(9) Regulations may provide for a PHS body to cease to be a PHS body in prescribed circumstances.
(10) The Secretary of State must—
(a) maintain and publish a list of PHS bodies,
(b) publish a revised copy of the list as soon as is reasonably practicable after any change is made to it.
(11) The list must be published in such manner as the Secretary of State considers appropriate.
(1) Provision may be made by regulations for NHS England 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 NHS England 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 NHS England 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).
142 Premises from which piloted services may be provided
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 NHS England or the Secretary of State ... .