Health and Social Care Act 2001 (c. 15)

(The document as of February, 2008)

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(2) The bodies to which this section applies are--

(a) Health Authorities,

(b) Special Health Authorities,

(d) Primary Care Trusts.

(3) An intervention order may make any provision authorised by section 84B below (including any combination of such provisions).

84B Intervention orders: effect

(1) In this section--

(a) "member" means a member of a Health Authority, Special Health Authority or Primary Care Trust, or a member of the board of directors of an NHS trust,

(b) "employee member" means a member of a Health Authority, Special Health Authority or Primary Care Trust who is an officer of the Authority or Trust, or an executive director of an NHS trust.

(2) An intervention order may provide for the removal from office of--

(a) all the members, or

(b) those specified in the order,

and for their replacement with individuals specified in or determined in accordance with the order (who need not be the same in number as the removed individuals).

(3) An intervention order may provide for the suspension (either wholly, or in respect only of powers and duties specified in or determined in accordance with the order) of--

(a) all the members, or

(b) those specified in the order,

and for the powers of the suspended members to be exercised, and their duties performed, during their suspension by individuals specified in or determined in accordance with the order (who need not be the same in number as the suspended individuals).

(4) The powers and duties referred to in subsection (3) are, in the case of an employee member, only those which he has in his capacity as a member.

(5) An intervention order may contain directions to the body to which it relates to secure that a function of the body specified in the directions--

(a) is performed, to the extent specified in the directions, on behalf of the body and at its expense, by such person as is specified in the directions, and

(b) is so performed in such a way as to achieve such objectives as are so specified,

and the directions may require that any contract or other arrangement made by the body with that person contains such terms and conditions as may be so specified.

(6) If the person referred to in subsection (5)(a) is a body referred to in section 84A(2) above, the functions of that body include the performance of the functions specified in the directions under subsection (5); and, if that body is a Health Authority, are primary functions of the Authority.

(7) Subsection (8) applies in relation to any provision--

(a) in this Act, the National Health Service and Community Care Act 1990 (c. 19), or the Health and Social Care Act 2001; or

(b) in any order or regulations made, or directions given, under any of those Acts,

which relates to the membership of the body to which an intervention order relates (or of its board of directors, in the case of an NHS trust), or relates to its procedure.

(8) If the Secretary of State considers it appropriate, the intervention order may, in relation to any such provision specified in the order, provide--

(a) that it is not to apply in relation to the body while the order remains in force; or

(b) that it is to apply in relation to the body, while the order remains in force, with modifications specified in the order.

(9) An intervention order may contain such supplementary directions to the body to which it relates as the Secretary of State considers appropriate for the purpose of giving full effect to the order. "

(2) In section 126 of the 1977 Act (orders, regulations and directions), in subsection (1), after "section 28EE(2)" there shall be inserted "or section 84A".

Abolition of Medical Practices Committee and National Health Service Tribunal

14 Abolition of Medical Practices Committee

(1) The Medical Practices Committee is abolished.

(2) On the date this section comes into force--

(a) all property in the possession of the Medical Practices Committee, and

(b) all rights and liabilities to which the Medical Practices Committee is entitled or subject immediately before that date,

shall be transferred to the Secretary of State.

(3) In Schedule 10 to the 1977 Act (additional provisions as to sale of medical practices)--

(a) for each reference to "the Medical Practices Committee" and "the Committee", and for "Medical Practices Committee" in the heading preceding paragraph 1, there shall be substituted "the Secretary of State",

(b) in paragraph 1(3)--

(i) for "they are" there shall be substituted "he is", and

(ii) for "they shall" there shall be substituted "he shall", and

(i) where it first occurs there shall be substituted "the Secretary of State", and

(ii) where it occurs the second time there shall be substituted "him".

(4) A certificate issued by the Medical Practices Committee under paragraph 1(3) of Schedule 10 to the 1977 Act before the commencement of this section shall continue to have effect from then on as if it had been issued by the Secretary of State.

15 Vacancies for medical practitioners

(1) Section 29B of the 1977 Act (which provides for regulations about the filling of vacancies for general practitioners) shall be amended as follows.

(2) In subsection (2)--

(a) for paragraphs (a) and (b) there shall be substituted--

" (a) the determination by a Health Authority of whether there is, or will be, a vacancy for a medical practitioner in a locality;

(b) any consultation which a Health Authority must undertake before doing so; " , and

(b) in paragraph (c), for "the Medical Practices Committee" there shall be substituted "a Health Authority".

(3) In subsection (3)(b), for "Secretary of State" there shall be substituted "FHSAA".

16 Abolition of NHS Tribunal

The National Health Service Tribunal is abolished.

General and personal medical services, general dental services, general ophthalmic services and pharmaceutical services

17 Remuneration of general medical practitioners

In section 29 of the 1977 Act (which makes provision for the arrangements for general medical services), subsection (4) (which prevents general medical practitioners' remuneration from consisting wholly or mainly of a fixed salary except in special circumstances) shall cease to have effect.

18 Out of hours medical services

(1) This section applies to arrangements made by--

(a) a medical practitioner, in connection with any obligation of his to provide general medical services under arrangements under section 29 of the 1977 Act, or

(b) any person (the "participant"), in connection with any obligation of his to provide personal medical services under section 28C arrangements,

under which a person undertakes, or persons undertake, to provide out of hours services.

(2) Regulations may make provision--

(a) for such arrangements to be made, in the case of a service provider of a specified description, only if the service provider is approved in accordance with the regulations;

(b) for approval to be given, as respects out of hours services provided for persons in the area of any Health Authority, by that Authority or by another Health Authority;

(c) as to steps to be taken by any Health Authority for making available information about approvals which have been given;

(d) as to the procedure for applying for approval;

(e) as to requirements (including requirements imposed by a Health Authority) with which an approved service provider must comply;

(f) as to the suspension or withdrawal of any approval;

(g) as to circumstances in which, while the arrangements are in force, there may be transferred to the service provider--

(i) liabilities or obligations of the medical practitioner by virtue of Part 2 of the 1977 Act, or

(ii) (as the case may be) liabilities or obligations of the participant by virtue of the section 28C arrangements;

(h) as to criteria to be applied in making decisions under the regulations;

(i) as to appeals against decisions of Health Authorities under the regulations.

(3) In this section--

"medical practitioner" has the same meaning as in the 1977 Act;
"out of hours period" means any period specified by the regulations as such a period;
"out of hours services" means general medical services or personal medical services (as the case may be) provided during part or all of an out of hours period;
"section 28C arrangements" means arrangements made under section 28C of the 1977 Act;
"service provider", in relation to arrangements to which this section applies, means the person or persons undertaking to provide out of hours services under the arrangements.

19 Enhanced criminal record certificates

(1) Section 115 of the Police Act 1997 (c. 50) (enhanced criminal record certificates) shall be amended as follows.

(2) In subsection (2)--

(a) the word "or" after paragraph (a) shall be omitted; and

(b) at the end of paragraph (b) there shall be inserted " or

(3) After subsection (6B) there shall be inserted--

" (6C) This subsection applies to an individual included or seeking inclusion in any list prepared for the purposes of Part 2 of the National Health Service Act 1977 (c. 49) of--

(a) medical practitioners undertaking to provide general medical services,

(b) persons undertaking to provide general dental services,

(d) persons undertaking to provide pharmaceutical services.

(6D) This subsection applies to an individual who is--

(a) a director of a body corporate included or seeking inclusion in a list referred to in subsection (6C)(b) or (c),

(b) a member of a limited liability partnership included or seeking inclusion in a list referred to in subsection (6C)(c),

(c) a member of the body of persons controlling a body corporate (whether or not a limited liability partnership) included or seeking inclusion in a list referred to in subsection (6C)(d).

(6E) This subsection applies to an individual included or seeking inclusion in any list prepared by a Health Authority under--

(a) section 28DA of the National Health Service Act 1977 or section 8ZA of the National Health Service (Primary Care) Act 1997 (lists of persons who may perform personal medical services or personal dental services), or

(b) section 43D of the 1977 Act (supplementary lists),

and to an individual included or seeking inclusion in any list corresponding to a list referred to in paragraph (a) prepared by a Health Authority by virtue of regulations made under section 41 of the Health and Social Care Act 2001 (which provides for the application of enactments in relation to local pharmaceutical services). "

20 Medical, dental, ophthalmic and pharmaceutical etc. lists

(1) The 1977 Act shall be amended as follows.

(2) In section 29A (medical lists), after subsection (4) there shall be inserted--

" (4A) Regulations may make provision in relation to the supply to a Health Authority, by a medical practitioner who is included in their medical list (or, as respects paragraph (a), by arrangement with him), of--

(a) information of a prescribed description; and

(b) 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. "

(3) In section 29B (vacancies for medical practitioners)--

(a) after subsection (2) there shall be inserted--

" (2A) The regulations may also make provision in relation to--

(a) grounds on which a Health Authority may, or must, refuse to nominate or approve a medical practitioner for appointment to fill a vacancy (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H(2) below);

(b) information which must be supplied to a Health Authority by a medical practitioner seeking such nomination or approval (or by arrangement with him);

(c) the supply to a Health Authority by such a medical practitioner of a certificate of a kind referred to in section 29A(4A)(b) above; and

(d) the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about such medical practitioners, and refusals by the Health Authority to nominate or approve them. " ;

(b) in subsection (3), after paragraph (a) there shall be inserted--

" (aa) grounds on which a Health Authority may defer a decision whether or not to nominate or approve a medical practitioner for appointment to fill a vacancy; " ;

" (3A) If regulations made by virtue of subsection (2A)(a) provide that a Health Authority may refuse to nominate or approve a medical practitioner for appointment to fill a vacancy, they must provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision. "

(4) In section 36 (regulations about general dental services)--

(a) in subsection (1)(b), for "(2) and (3)" there shall be substituted "(2) to (7)",

(b) after subsection (1) there shall be inserted--

" (1A) The regulations may include provision as to--

(a) information which must be supplied to a Health Authority by, or by arrangement with, a dental practitioner or dental corporation included or seeking inclusion in a list referred to in subsection (1)(a); and

(b) the supply to a Health Authority--

(i) by a dental practitioner who is included, or seeking inclusion, in such a list, or

(ii) by a director of a dental corporation 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 113 of that Act or an enhanced criminal record certificate under section 115 of that Act. " ; and

" (4) The provision which may be made by regulations under subsection (3) includes, in particular, provision in relation to grounds on which a Health Authority may, or must, refuse to include a dental practitioner or a dental corporation in a list referred to in subsection (1)(a) (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H below).

(5) Those regulations may make provision in relation to criteria to be applied in making decisions under the regulations.

(6) If those regulations provide that a Health Authority may refuse to include a dental practitioner or dental corporation in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision.

(7) Regulations may provide for grounds on which a Health Authority may defer a decision whether or not to grant an application for inclusion in a list referred to in subsection (1)(a).

(8) Regulations may make provision as to the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about dental practitioners and dental corporations seeking inclusion in such a list, and refusals by the Health Authority to include them. "

(5) Section 39 (regulations about general ophthalmic services) shall be renumbered as subsection (1) of that section, and--

(a) in that subsection as so renumbered, in paragraph (b), after "subject to" there shall be inserted "subsections (2) and (3) below, to", and

(b) after that subsection there shall be inserted--

" (2) The regulations may, in particular, make provision in relation to--

(a) grounds on which a Health Authority may, or must, refuse to include a medical practitioner or an ophthalmic optician in a list referred to in subsection (1)(a) (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H below);

(b) information which must be supplied to a Health Authority by a person included or seeking inclusion in such a list (or by arrangement with him);

(i) who is included, or seeking inclusion, in such a list, or

(ii) who is a director of a body corporate or who is a member of a limited liability partnership included, or seeking inclusion, in such a list,

(d) grounds on which a Health Authority may defer a decision whether or not to include a person in such a list;

(e) the disclosure by a Health Authority, 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 Health Authority to include them; and

(f) criteria to be applied in making decisions under the regulations.

(3) If regulations made by virtue of subsection (2)(a) provide that a Health Authority may refuse to include a person in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision. "

(6) In section 42 (regulations about pharmaceutical services)--

(a) in subsection (3), the word "and" after paragraph (d) shall be omitted,

(b) after paragraph (e) there shall be inserted--

" (f) as to other grounds on which a Health Authority may, or must, refuse to grant an application (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H below);

(g) as to information which must be supplied to a Health Authority by a person included, or seeking inclusion, in such a list (or by arrangement with him);

(h) for the supply to a Health Authority by an individual--

(i) who is included, or seeking inclusion, in such a list, or

(ii) who is a member of the body of persons controlling a body corporate included, or seeking inclusion, in such a list,

(i) for grounds on which a Health Authority may defer a decision whether or not to grant an application;

(j) for the disclosure by a Health Authority, 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 Health Authority to grant such applications;

(k) as to criteria to be applied in making decisions under the regulations (other than decisions required by virtue of paragraph (d)) " , and

" (4A) If regulations made by virtue of subsection (3)(f) provide that a Health Authority may refuse to grant an application, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision. "

(7) In section 43 (persons authorised to provide pharmaceutical services), after subsection (2B) there shall be inserted--

" (2BA) The regulations may, in particular, include provision--

(a) as to grounds on which a Health Authority may, or must, refuse to grant an application for inclusion in a list of medical practitioners referred to in subsection (2A) (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H(2) below);

(b) as to information which must be supplied to a Health Authority by a medical practitioner included, or seeking inclusion, in such a list (or by arrangement with him);

(c) for the supply to a Health Authority 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 113 of that Act or an enhanced criminal record certificate under section 115 of that Act;

(d) for grounds on which a Health Authority may defer a decision whether or not to grant an application for inclusion in such a list;

(e) for the disclosure by a Health Authority, 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 Health Authority to grant such applications;

(f) as to criteria to be applied in making decisions under the regulations

(2BB) If regulations made by virtue of subsection (2BA)(a) provide that a Health Authority 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 FHSAA against the Health Authority's decision. "

21 Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists

After section 43 of the 1977 Act there shall be inserted--

" 43ZA Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists

(1) The Secretary of State may by regulations provide--

(a) that if a person is to be included in a list referred to in subsection (3), he is to be subject, while he remains included in the list, to conditions determined by the Health Authority,

(b) for the Health Authority to vary that person's terms of service for the purpose of or in connection with the imposition of any such conditions,

(d) for the consequences of failing to comply with a condition (including removal from the list), and

(e) for the review by the Health Authority 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 49F(3)(a) below.

(3) The lists in question are--

(a) a list of persons undertaking to provide general medical services,

(b) a list of persons undertaking to provide general dental services,

(d) a list of persons undertaking to provide pharmaceutical services.

(4) 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 Health Authority are investigating whether there are grounds for exercising their power to remove him, or after the Health Authority have decided to remove him but before they have 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 Health Authority make any decision as to his removal from the list, and

(iii) requiring him to be given notice of the Health Authority's decision and the reasons for it and of his right of appeal under subsection (5).

(5) 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 Health Authority's decision--

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(d) on any review of an earlier such decision of theirs,

(e) to remove him from the list for breach of condition,

and the appeal shall be by way of redetermination of the Health Authority's decision.

(6) 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 (5)(e).

(7) Regulations under this section may provide for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about persons whose inclusion in the lists referred to in subsection (3) is subject to conditions imposed under this section, and about the removal of such persons from such lists for breach of condition. "

22 Dental corporations

(1) The 1977 Act shall be amended as follows.

(2) In section 35 (arrangements for general dental services)--

(a) in subsection (1)--

(i) after "dental practitioners" there shall be inserted "or dental corporations", and

(ii) after "dental practitioner" there shall be inserted "or dental corporation",

(b) in subsection (2)--

(i) after "dental practitioner who" there shall be inserted ", or dental corporation which,",

(ii) after "salary" there shall be inserted "(or, in the case of a dental corporation, a fixed rate of remuneration)", and

(iii) in paragraph (b), after "practitioner" there shall be inserted "or corporation", and

" (5) In this Act, "dental corporation" means a body corporate which carries on the business of dentistry (within the meaning of section 40 of the Dentists Act 1984 (c. 24)). "

(3) In section 36 (regulations about general dental services)--

(a) in subsection (1)(a), after "dental practitioners" there shall be inserted "and dental corporations",

(b) in subsection (1)(b), after "dental practitioner" there shall be inserted "or dental corporation",

(d) in subsection (3), after "dental practitioner" there shall be inserted "or dental corporation".

(4) In section 37 (Dental Practice Board), after subsection (1C) there shall be inserted--

" (2) In subsections (1A) and (1B), references to a dental practitioner include references to a dental corporation. "

(5) In section 128(1) (interpretation), in the appropriate place there shall be inserted--

" "dental corporation" has the meaning given by section 35(5); " .

23 Declaration of financial interests, gifts, etc.

(1) The 1977 Act shall be amended as follows.

(2) In section 29 (arrangements and regulations for general medical services), after subsection (5) there shall be inserted--

" (5A) Regulations may include provision as to the making of declarations about--

(a) financial interests;

(b) gifts above a prescribed value; and

(5B) Before making regulations by virtue of subsection (5A), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent medical practitioners providing general medical services. "

(3) In section 36 (regulations about general dental services), after the subsection (1A) inserted by section 20 of this Act there shall be inserted--

" (1B) The regulations may include provision as to the making of declarations about--

(a) financial interests;

(b) gifts above a prescribed value; and

(1C) Before making regulations by virtue of subsection (1B), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent dental practitioners and dental corporations providing general dental services. "

(4) In section 39 (regulations about general ophthalmic services), after the subsection (3) inserted by section 20 of this Act there shall be inserted--

" (4) The regulations may include provision as to the making of declarations about--

(a) financial interests;

(b) gifts above a prescribed value; and

(5) Before making regulations by virtue of subsection (4), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent persons providing general ophthalmic services. "

(5) In section 42 (regulations about pharmaceutical services)--

(a) in subsection (3), after the paragraph (k) inserted by section 20 of this Act there shall be inserted--

" (l) as to the making of declarations about--

(i) financial interests;

(ii) gifts above a prescribed value; and

(iii) other benefits received. " , and

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