National Health Service Act 2006 (c. 41)

(The document as of February, 2008)

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Section 144

SCHEDULE 12 LPS schemes

Provision of local pharmaceutical services

1 (1) Primary Care Trusts may establish LPS schemes.

(2) In this Act, an "LPS scheme" means one or more agreements--

(a) made by a Primary Care Trust in accordance with this Schedule,

(b) under which local pharmaceutical services will be provided (otherwise than by the Primary Care Trust), and

(3) An LPS 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) An LPS 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, a Primary Care Trust may take into account arrangements under an LPS scheme made by it.

(6) The functions of an NHS trust and an NHS foundation trust include power to provide any services to which an LPS scheme applies.

(7) In this Schedule--

"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 Schedule, and
"LP services" means services provided under an LPS scheme (including any services to which the scheme applies as a result of sub-paragraph (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).

Designation of priority neighbourhoods or premises

2 (1) The Secretary of State may make regulations allowing a Primary Care Trust to designate--

(a) neighbourhoods,

(b) premises, or

for the purposes of this paragraph.

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

(a) as to the circumstances in which, and the neighbourhoods or premises in relation to which, designations may be made or maintained,

(b) allowing a Primary Care Trust to defer consideration of pharmaceutical list applications relating to neighbourhoods, premises or descriptions of premises that have been designated,

(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.

Regulations

3 (1) The Secretary of State may make regulations with respect to LP services.

(2) The regulations must include provision for participants other than Primary Care Trusts to withdraw from an LPS scheme if they wish to do so.

(3) The regulations may, in particular--

(a) provide that an LPS scheme may be made only--

(i) in prescribed circumstances,

(ii) in relation to an area, a community or a category of persons determined in accordance with the regulations, or

(iii) in relation to premises determined in accordance with the regulations,

(b) provide that only prescribed services, or prescribed categories of service, may be provided in accordance with an LPS scheme,

(d) impose conditions (including conditions as to qualifications and experience) to be satisfied by persons providing LP services,

(e) require details of each LPS scheme to be published,

(f) make provision with respect to the variation and termination of an LPS scheme,

(g) prevent (except in such circumstances and to such extent as may be prescribed) the provision of both LP services and pharmaceutical services from the same premises,

(h) make provision with respect to the inclusion, removal, re-inclusion or modification of an entry in respect of premises in a pharmaceutical list,

(i) provide for parties to an LPS scheme to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 9,

(j) 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 (i)) to be enforceable in a county court (if the court so orders) as if they were judgments or orders of that court,

(k) authorise Primary Care Trusts to make payments of financial assistance for prescribed categories of preparatory work undertaken--

(i) in connection with preparing proposals for an LPS scheme, or

(ii) in preparation for the provision of services under a proposed LPS scheme.

Section 169

SCHEDULE 13 The Family Health Services Appeal Authority

Constitution

1 The Family Health Services Appeal Authority ("the FHSAA") consists of--

(a) a President,

(b) one or more Deputy Presidents, and

all appointed by the Lord Chancellor on terms determined by him.

2 The number of the other members must be determined by the Lord Chancellor after consulting the Secretary of State.

3 A person appointed as the President must have a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)), and a person appointed as a Deputy President must have a 7 year general qualification.

4 The qualifications which the other members must have in order to be eligible for appointment must be determined by the Lord Chancellor.

5 Each person appointed under paragraph 1--

(a) must hold and vacate office in accordance with the terms of his appointment, and

(b) may be removed from office by the Lord Chancellor, with the concurrence of the Lord Chief Justice, on grounds of incapacity or misbehaviour.

6 (1) The other members must include at least one--

(a) health care professional of each description prescribed under section 91, 106 and 123, provided that each such health care professional is included in a list under one of those sections,

(b) optometrist or medical practitioner providing general ophthalmic services under the National Health Service (Wales) Act 2006 (c. 42), and

(i) providing or assisting in the provision of pharmaceutical services under this Act or the National Health Service (Wales) Act 2006, or

(ii) providing or performing local pharmaceutical services under this Act or the National Health Service (Wales) Act 2006.

(2) The other members must also include--

(a) such number of persons with a 7 year general qualification (construed as in paragraph 3) as the Lord Chancellor considers appropriate bearing in mind the requirements of paragraph 9, and

(b) a number of lay persons who do not fall within sub-paragraph 6(1)(a) to (c) and who possess such qualifications and experience as the Lord Chancellor considers appropriate.

Procedure

7 The procedure of the FHSAA is as it determines, subject to the following.

8 The functions of the FHSAA must be exercised by panels consisting--

(a) in the case of functions referred to in section 169(3), of such one or more members as the President may choose, and

(b) in the case of other functions, of three members chosen by the President,

and, in either case, the President may include himself (or, in the case of a one-member panel, may constitute the panel).

9 Subject to paragraph 10, at least one member of each panel (or, in the case of a one-member panel, that member) must have a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)).

10 (1) In the case of a panel constituted for the purposes--

(a) of section 158 or 159, or

(b) of regulations under section 91, 106 or 123, containing provision corresponding to the sections mentioned in paragraph (a),

one member of the panel must have the qualification mentioned in paragraph 9.

(2) Unless the President decides otherwise, in relation to such a panel--

(a) if the practitioner is a health care professional of a description prescribed under section 91, 106 or 123, one member of the panel must be a health care professional of the same description,

(b) if the practitioner is of a description referred to in paragraph 6(1)(b) or (c), one member of the panel must be a practitioner of that description, and

(c) the third member must neither fall within any of sub-paragraphs (a) to (c) of paragraph 6(1) nor have a legal qualification.

11 Where a panel has more than one member--

(a) the President must nominate one of the members as chairman,

(b) decisions must be taken by a majority of votes, and

12 The FHSAA must--

(a) give notice of a panel's decision and of the reasons for it to each party to the proceedings, and

(b) publish each decision of a panel falling within paragraph 13 in such way as the FHSAA considers appropriate,

and it may send a copy of any such decision to such prescribed persons or persons of prescribed descriptions as it considers appropriate, together with any information relevant to the decision which the FHSAA considers it appropriate to include.

13 The following decisions fall within this paragraph--

(a) a decision on national disqualification (see section 159),

(b) a decision to allow an appeal brought by virtue of section 158(2)(a), (b) or (c), and

14 The FHSAA may publish a decision not falling within paragraph 13.

15 The Lord Chancellor may make rules as to--

(a) the composition of panels,

(b) the allocation to panels of cases, or of particular proceedings in any case, and

16 The Lord Chancellor must make rules--

(a) giving each party to proceedings before a panel the opportunity of putting his case at a hearing,

(b) entitling each party to be legally represented at any hearing (whether it is held at the instance of the panel or of a party), and

(c) securing that any hearing is held in public unless the practitioner asks for it to be in private (a request which the panel must consider but need not grant).

17 Rules under this Schedule may, in particular, make provision--

(a) as to the carrying out by a Deputy President of functions of the President,

(b) as to how, and as to the time within which, an application to the FHSAA must be made, or an appeal to the FHSAA must be brought (so far as the matter is not provided for in or by virtue of this or any other Act),

(c) for a period which must elapse before an application, or a further application, may be made under section 158(5)(a), or under any provision of regulations under section 91, 106, 123 or 146 corresponding to that provision,

(d) as to the matters referred to in paragraph 12,

(e) for the giving by the panel of directions to the parties as to the conduct of the case, and for the consequences of failure to comply with such directions (which may include allowing or dismissing the appeal or application if the failure to comply was without reasonable excuse),

(f) empowering a panel to require persons to attend and give evidence or produce documents,

(g) about the admissibility of evidence, and

(h) enabling the panel to administer oaths.

18 No person may be required by virtue of any such rules to give any evidence or produce any document or other material which he could not be compelled to give or produce in civil proceedings in a court in England and Wales.

Miscellaneous

19 (1) The President must, in respect of each period of 12 months beginning on 1st April, prepare a written report about the FHSAA's activities during that period.

(2) He must send a copy of the report to the Lord Chancellor, the Secretary of State and the Welsh Ministers.

(3) After consulting the Lord Chancellor and the Welsh Ministers, the Secretary of State may give directions to the President as to subjects with which the report must deal.

20 The President must arrange such training for himself and the other members of the FHSAA as he considers appropriate.

Interpretation

21 In this Schedule--

"practitioner" means the person whose case is before the FHSAA,
"prescribed" means prescribed by the Lord Chancellor in rules.

Interpretation: Provisions under the National Health Service (Wales) Act 2006 (c. 42)

22 In this Schedule--

(a) references to section 91 include references to section 49 of the National Health Service (Wales) Act 2006,

(b) references to section 106 include references to section 63 of that Act,

(d) references to section 159 include references to section 115 of that Act.

Section 231

SCHEDULE 14 Further provision about the expenditure of Primary Care Trusts

Pharmaceutical services expenditure

1 (1) In sections 228 to 230 and this Schedule, "pharmaceutical services expenditure" means expenditure of a Primary Care Trust which--

(a) is attributable to the payment of remuneration to persons providing pharmaceutical services, and

(b) is not excluded by sub-paragraph (2).

(2) Expenditure is excluded if it is attributable to--

(a) the reimbursement of expenses of persons providing pharmaceutical services which are designated expenses incurred in connection with the provision of those services (or in giving instruction in matters relating to those services),

(b) remuneration referable to the cost of drugs, or

(c) remuneration paid to persons providing additional pharmaceutical services (in accordance with directions under section 127), in respect of such of those services as are designated.

Main expenditure

2 (1) In section 228 "main expenditure", in relation to a Primary Care Trust and the year in question, means--

(a) expenditure of the Primary Care Trust mentioned in sub-paragraph (2),

(b) any other expenditure of the Primary Care Trust attributable to the performance of its functions in that year (other than pharmaceutical services expenditure and remuneration referable to the cost of drugs), and

(c) expenditure attributable to remuneration referable to the cost of drugs for which the Primary Care Trust is accountable in that year (whether paid by it or by another Primary Care Trust).

(2) The expenditure is expenditure attributable to--

(a) the reimbursement in that year of expenses of persons providing pharmaceutical services which are designated expenses incurred in connection with the provision of those services (or in giving instruction in matters relating to those services), or

(b) remuneration paid in that year to persons providing additional pharmaceutical services (in accordance with directions under section 127), in respect of such of those services as are designated.

3 (1) For each financial year, the Secretary of State must apportion among all Primary Care Trusts, in such manner as he considers appropriate, the total of the remuneration referable to the cost of drugs which is paid by each Primary Care Trust in that year.

(2) A Primary Care Trust is accountable in any year for remuneration referable to the cost of drugs to the extent (and only to the extent) that such remuneration is apportioned to it under sub-paragraph (1).

(3) Where in any financial year any remuneration referable to the cost of drugs for which a Primary Care Trust is accountable is paid by another Primary Care Trust, the remuneration must be treated (for the purposes of sections 228 and 229) as having been paid by the first Primary Care Trust in the performance of its functions.

(4) The Secretary of State may, in particular, exercise his discretion under sub-paragraph (1)--

(a) so that any apportionment reflects, in the case of each Primary Care Trust, the financial consequences of orders for the provision of drugs, being orders which in his opinion are attributable to the Primary Care Trust in question,

(b) by reference to averaged or estimated amounts.

(5) The Secretary of State may make provision for any remuneration referable to the cost of drugs which is paid by a Primary Care Trust other than the Primary Care Trust which is accountable for the payment to be reimbursed in such manner as he may determine.

Interpretation

4 (1) In this Schedule--

"designated" means designated in writing by the Secretary of State (and different designations may be made for different purposes),
"drugs" includes medicines and listed appliances (within the meaning given by section 126),
"pharmaceutical services" does not include additional pharmaceutical services,
"remuneration referable to the cost of drugs" includes (except in paragraph 1(2)(b) and subject to sub-paragraph (2)) remuneration payable to persons providing local pharmaceutical services.

(2) The Secretary of State must determine what remuneration paid by Primary Care Trusts to persons providing pharmaceutical services or local pharmaceutical services must be treated for the purposes of this Schedule as remuneration referable to the cost of drugs.

(3) The Secretary of State may treat all remuneration paid by Primary Care Trusts to such persons, so far as it is met by an NHS trust or an NHS foundation trust under section 234(4), as remuneration referable to the cost of drugs for those purposes.

Section 232

SCHEDULE 15 Accounts and audit

NHS bodies

1 (1) The following are NHS bodies for the purposes of this Schedule--

(a) any Strategic Health Authority,

(b) any Special Health Authority to which sub-paragraph (2) applies,

(d) any NHS trust all or most of whose hospitals, establishments and facilities are situated in England,

(e) any trustees for such an NHS trust appointed under paragraph 10 of Schedule 4,

(f) any special trustees appointed as mentioned in section 212(1) for a trust all or most of whose hospitals, establishments and facilities are situated in England,

(g) any trustees for a Primary Care Trust appointed under paragraph 12 of Schedule 3.

(2) This sub-paragraph applies to any Special Health Authority which--

(a) performs functions only or mainly in respect of England, or

(b) neither performs functions only or mainly in respect of England, nor performs functions only or mainly in respect of Wales.

Accounts to be kept by NHS bodies

2 (1) Each NHS body must keep proper accounts and proper records in relation to the accounts.

(2) If the Secretary of State so directs with the approval of the Treasury, the accounts of any such body of a description specified in the direction must be kept in such form as is so specified.

(3) This paragraph is subject to paragraph 8(2).

Preparation of annual accounts

3 (1) Each NHS body must prepare in respect of each financial year annual accounts in such form as the Secretary of State may direct with the approval of the Treasury.

(2) This paragraph is subject to paragraph 8(3).

Auditing of accounts of certain NHS bodies

4 (1) This paragraph applies to any NHS body that is not a Special Health Authority (as to which, see paragraph 6).

(2) Any annual accounts prepared by any such body under paragraph 3 must be audited in accordance with the Audit Commission Act 1998 (c. 18) by an auditor or auditors appointed by the Audit Commission (see section 2(1)(b) of that Act).

(3) The Comptroller and Auditor General may examine--

(a) any such accounts and any records relating to them, and

(b) any report on them by the auditor or auditors.

(4) "The Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales.

Transmission of annual accounts

5 (1) Each NHS body that is not a Special Health Authority must send a copy of any accounts of the body audited as mentioned in paragraph 4(2) to the Secretary of State by the specified date.

(2) If the body is a Primary Care Trust, it must also send a copy of any such accounts to any Strategic Health Authority whose area includes any part of the Primary Care Trust's area.

(3) Each Special Health Authority that is an NHS body must send copies of any annual accounts prepared by it under paragraph 3--

(a) to the Secretary of State by the specified date, and

(b) to the Comptroller and Auditor General as soon as is reasonably practicable following the end of the financial year in question.

(4) The "specified date", in relation to a financial year, means such date as the Secretary of State may direct in relation to that year.

Auditing of certain Special Health Authority accounts by Comptroller and Auditor General

6 (1) This paragraph applies where a Special Health Authority that is an NHS body sends a copy of its annual accounts to the Comptroller and Auditor General under paragraph 5(3).

(2) The Comptroller and Auditor General must examine, certify and report on the accounts.

(3) The Special Health Authority must lay before both Houses of Parliament--

(a) a copy of the accounts, and

(b) the Comptroller and Auditor General's report on them.

Summarised accounts of NHS bodies other than Special Health Authorities

7 (1) This paragraph applies in relation to NHS bodies that are not Special Health Authorities.

(2) The Secretary of State must prepare summarised accounts relating to such bodies in respect of each financial year.

(3) Sub-paragraph (2) is subject to paragraphs 8(3) and 9(2).

(4) The summarised accounts must be prepared in such form as the Treasury may direct.

(5) The Secretary of State must transmit the summarised accounts to the Comptroller and Auditor General not later than the end of the month of November following the financial year to which they relate.

(6) The Comptroller and Auditor General must --

(a) examine and certify the summarised accounts, and

(b) lay copies of them and his report on them before both Houses of Parliament.

(7) This paragraph has effect subject to any provision made under section 14(1) of the Government Resources and Accounts Act 2000 (c. 20) (power to disapply this paragraph in relation to specified bodies and years).

Exceptions for accounts of charitable trusts

8 (1) For the purposes of this paragraph a "relevant charitable trust", in relation to an NHS body, means a charitable trust whose trustee or trustees is or are that body.

(2) Nothing in paragraph 2, so far as it applies to an NHS body of any description, has effect in relation to accounts relating to a relevant charitable trust.

(3) Nothing in paragraph 3 or 7, so far as it applies to an NHS body of any description, requires any annual or summarised accounts prepared by or in relation to the body to include matters relating to a relevant charitable trust.

Exceptions for accounts of non-charitable trusts

9 (1) For the purposes of this paragraph a "relevant non-charitable trust", in relation to an NHS body, means a trust which is not a charitable trust and whose trustee or trustees is or are that body.

(2) Nothing in paragraph 7, so far as it relates to an NHS body of any description, requires any summarised accounts prepared in relation to the body to include matters relating to a relevant non-charitable trust.

Section 243

SCHEDULE 16 The Commission for Patient and Public Involvement in Health

Status

1 The Commission for Patient and Public Involvement in Health ("the Commission") must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commission's property must not be regarded as property of, or property held on behalf of, the Crown.

Powers

2 (1) Subject to any directions given by the Secretary of State, the Commission may do anything which appears to it to be necessary or expedient for the purposes of or in connection with its functions.

(2) In particular it may--

(a) acquire and dispose of property, and

(b) enter into contracts.

Membership

3 The Commission consists of a chairman appointed by the Secretary of State, and a number of other members.

Appointment, procedure etc

4 (1) The Secretary of State may by regulations make provision as to--

(a) the appointment of the chairman and other members of the Commission (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment, and the terms of their appointment),

(b) the tenure of office of the chairman and other members of the Commission (including circumstances in which they cease to hold office or may be removed or suspended from office),

(c) the appointment of, constitution of and exercise of functions by committees and sub-committees of the Commission (including committees and sub-committees which consist of or include persons who are not members of the Commission),

(d) the procedure of the Commission and any of its committees or sub-committees (including the validation of proceedings in the event of vacancies or defects in appointment).

(2) The regulations may, in particular, make provision to deal with cases where the post of any officer of the Commission is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.

5 The regulations may include provision applying, or corresponding to, any provision of Part 5A of the Local Government Act 1972 (access to meetings and documents), with or without modifications.

Remuneration and allowances

6 (1) The Commission may pay to its chairman and to any other member such remuneration and allowances as the Secretary of State may determine.

(2) The Commission may pay to any member of a committee or sub-committee such allowances as the Secretary of State may determine.

(3) If the Secretary of State so determines, the Commission must pay, or make provision for the payment of, such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or any other member of the Commission.

(4) If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the Commission to receive compensation, the Commission must pay to him such compensation as the Secretary of State may determine.

Staff

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