Part I Services and Administration

Functions of the Secretary of State

1 Secretary of State’s duty as to health service.

(1)It is the Secretary of State’s duty to continue the promotion in England and Wales of a comprehensive health service designed to secure improvement—

(a)in the physical and mental health of the people of those countries, and

(b)in the prevention, diagnosis and treatment of illness,

and for that purpose to provide or secure the effective provision of services in accordance with this Act.

(2)The services so provided shall be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.

2 Secretary of State’s general power as to services._cross-notes

Without prejudice to the Secretary of State’s powers apart from this section, he has power—

(a)to provide such services as he considers appropriate for the purpose of discharging any duty imposed on him by this Act; and

(b)to do any other thing whatsoever which is calculated to facilitate, or is conducive or incidental to, the discharge of such a duty.

This section is subject to section 3(3) below.

3 Services generally._cross-notes

(1)It is the Secretary of State’s duty to provide throughout England and Wales, to such extent as he considers necessary to meet all reasonable requirements—

(a)hospital accommodation;

(b)other accommodation for the purpose of any service provided under this Act;

(c)medical, dental, nursing and ambulance services;

(d)such other facilities for the care of expectant and nursing mothers and young children as he considers are appropriate as part of the health service;

(e)such facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered from illness as he considers are appropriate as part of the health service;

(f)such other services as are required for the diagnosis and treatment of illness.

[^F1(1A)The Secretary of State may provide or secure the provision of anything mentioned in subsection (1) above outside England and Wales.^F1]

(2)^M1Where any hospital provided by the Secretary of State in accordance with this Act was a voluntary hospital transferred by virtue of the National Health Service Act 1946, and—

(a)the character and associations of that hospital before its transfer were such as to link it with a particular religious denomination, then

(b)regard shall be had in the general administration of the hospital to the preservation of that character and those associations.

(3)Nothing in section 2 above or in this section affects the provisions of Part II of this Act (which relates to arrangements with practitioners for the provision of medical, dental, ophthalmic and pharmaceutical services).

[^F2(4)For the purposes of the duty in subsection (1), services provided under—

(a)section 16CA(2) or 16CC(2) below, or

(b)a general medical services contract or a general dental services contract,

are to be regarded as provided by the Secretary of State.^F2]

[^F34 High security psychiatric services._cross-notes

(1)The duty imposed on the Secretary of State by section 1 above to provide services for the purposes of the health service includes a duty to provide hospital accommodation and services for persons who are liable to be detained under the ^M2Mental Health Act 1983 and in his opinion require treatment under conditions of high security on account of their dangerous, violent or criminal propensities.

(2)The hospital accommodation and services mentioned in subsection (1) above are in this Act referred to as ”high security psychiatric services”.

(3)High security psychiatric services shall be provided only at hospital premises at which services are provided only for the persons mentioned in subsection (1) above; and for this purpose ”hospital premises” means—

(a)a hospital; or

(b)any part of a hospital which is treated as a separate unit.^F3]

5 Other services._cross-notes

(1)It is the Secretary of State’s duty—

(a)^F4,F5,F4,F6to provide for the medical . . . inspection at appropriate intervals of pupils in attendance at schools maintained by local education authorities . . . and for the medical . . . treatment of such pupils . . . ;

(b)to arrange, to such extent as he considers necessary to meet all reasonable requirements in England and Wales, for the giving of advice on contraception, the medical examination of persons seeking advice on contraception, the treatment of such persons and the supply of contraceptive substances and appliances.

[^F7(1A)It is also the Secretary of State’s duty to provide, to such extent as he considers necessary to meet all reasonable requirements—

(a)for the dental inspection of pupils in attendance at schools maintained by local education authorities^F5. . .;

(b)for the dental treatment of such pupils; and

(c)for the education of such pupils in dental health.

(1B)Schedule 1 to this Act shall have effect.^F7]

(2)The Secretary of State may—

(a)provide invalid carriages for persons appearing to him to be suffering from severe physical defect or disability and, at the request of such a person, may provide for him a vehicle other than an invalid carriage (and the additional provisions set out in Schedule 2 to this Act have effect in relation to this paragraph);

(b)^F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)provide a microbiological service, which may include the provision of laboratories, for the control of the spread of infectious diseases [^F9and carry on such other activities as in his opinion can conveniently be carried on in conjunction with that service^F9] ;

(d)^M3conduct, or assist by grants or otherwise (without prejudice to the general powers and duties conferred on him under the Ministry of Health Act 1919) any person to conduct, research into any matters relating to the causation, prevention, diagnosis or treatment of illness, and into any such other matters connected with any service provided under this Act as he considers appropriate.

[^F10(2A)Charges may be made for service or materials supplied by virtue of paragraph (c) of subsection (2) above; and the powers conferred by that paragraph may be exercised both for the purposes of the health service and for other purposes.^F10]

[^F11(2B)The Secretary of State’s functions may be performed outside England and Wales, in so far as they relate—

(a)to holidays for patients;

(b)to the transfer of patients to or from Scotland, Northern Ireland, the Isle of Man or the Channel Islands; or

(c)to the return of patients who have received treatment in England and Wales to countries or territories outside the British Islands.^F11]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12(4)The Public Health Laboratory Service Board continues in being for the purpose of exercising such functions with respect to the [^F13powers conferred by paragraph (c) of subsection (2) above as the Secretary of State may determine^F13] .

(5)The Board shall continue to be constituted in accordance with Part I of Schedule 3 to this Act, and the additional provisions set out in Part II of that Schedule have effect in relation to the Board.

Central Health Services Council and Medical Practices Committee

6^X1Central Health Services Council, and standing advisory committees.

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14(3)^F15,F15The Secretary of State may, . . . by order constitute standing advisory committees for the purpose of advising him . . . on such of the services provided under this Act as may be specified in the order [^F16and the provisions of Schedule 4 to this Act shall have effect in relation to such committees^F16] .

[^F17(4)Any committee so constituted shall consist of persons appointed by the Secretary of State after consultation with such representative organisations as he recognises for the purpose.^F17]

(5)^F15It shall be the duty of a committee so constituted to advise the Secretary of State and . . . —

(a)upon such matters relating to the services with which the committee are concerned as they think fit, and

(b)^F15upon any questions referred to them by the Secretary of State . . . relating to those services,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15(6), (7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F147 Medical Practices Committee.

^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local administration

[^F198 Health Authorities and Strategic Health Authorities

(1)It is the duty of the Secretary of State to establish, in accordance with Part 1 of Schedule 5 to this Act, authorities to be called—

(a)Strategic Health Authorities, in the case of authorities established for areas in England;

(b)Health Authorities, in the case of authorities established for areas in Wales.

(2)Subject to subsection (4) below—

(a)a Strategic Health Authority shall be established for such area of England as is specified in the order establishing the authority; and

(b)a Health Authority shall be established for such area of Wales as is so specified, or, if the order so provides, for the whole of Wales.

(3)A Strategic Health Authority or a Health Authority shall be known by such name, in addition to the title “Strategic Health Authority” or “Health Authority”, as—

(a)appears to the Secretary of State appropriately to signify the connection of the authority with the area for which they are established; and

(b)is specified in the order establishing the authority.

(4)The Secretary of State may by order—

(a)vary the area of a Strategic Health Authority or Health Authority;

(b)abolish a Strategic Health Authority or Health Authority;

(c)establish a new Strategic Health Authority or Health Authority;

(d)change the name by which a Strategic Health Authority or Health Authority are known.

(5)No order shall be made under this section relating to a Strategic Health Authority until after the completion of such consultation as may be prescribed.

(6)Consultation requirements contained in regulations under subsection (5) are in addition to, and not in substitution for, any other consultation requirements which may apply.

(7)The Secretary of State shall act under this section so as to ensure—

(a)that the areas for which Strategic Health Authorities are at any time established together comprise the whole of England;

(b)that the areas for which Health Authorities are at any time established together comprise the whole of Wales; and

(c)that no area for which a Strategic Health Authority or a Health Authority are established extends both into England and into Wales.

(8)The power to make incidental or supplemental provision conferred by section 126(4) below includes, in particular, in its application to orders made under this section, power to make provision for the transfer of staff, property, rights and liabilities.^F19]

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20[^F2110 Family Practitioner Committees.

(1)It is the duty of the Secretary of State by order to establish, in accordance with Part II of [^F22Schedule 1 to the National Health Service and Community Care Act 1990^F22], authorities to be called Family Practitioner Committees.

(2)Family Practitioner Committees shall be known by such names, in addition to that title, as the order may specify.

(3)When the Secretary of State makes an order under subsection (1) above establishing a Family Practitioner Committee, he shall also (either in the same or another instrument) make an order in relation to that Committee specifying a locality for which the Committee is to act.

(4)The Secretary of State may by order—

(a)vary a Committee’s locality;

(b)abolish a Committee;

(c)establish a new one.

(5)The Secretary of State shall so exercise his powers under subsections (3) and (4) above as to secure—

(a)that the localities for which Family Practitioner Committees are at any time acting together comprise the whole of England and Wales; but

(b)that none of them extends both into England and into Wales.

(6)Without prejudice to the generality of section 126(4) below, the power to make incidental or supplemental provision conferred by that subsection includes, in its application to orders under this section, power to make provision for the transfer of staff, property, rights and liabilities.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^F21]

^F2311[^F24Special Health Authorities.^F24]

[^F25(1)The Secretary of State may by order establish special bodies for the purpose of exercising any functions which may be conferred on them by or under this Act.^F25]

(2)The Secretary of State may, subject to the provisions of Part III of Schedule 5 to this Act, make such further provision relating to that body as he thinks fit.

(3)A body established in pursuance of this section shall (without prejudice to the power conferred by subsection (4) below allocate a particular name to the body) be called a [^F26Special Health Authorities^F26] .

(4)Without prejudice to the generality of the power conferred by this section to make an order (or of section 126(4) below), that order may in particular contain provisions as to—

(a)the membership of the body established by the order;

(b)the transfer to the body of officers, property, rights and liabilities; and

(c)the name by which the body is to be known.

(5)It is the Secretary of State’s duty before he makes such an order to consult with respect to the order such bodies as he may recognise as representing officers who in his opinion are likely to be transferred or affected by transfers in pursuance of the order.

12 Supplementary provisions for ss. 8 [^F27and^F27] 11.

^F28(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F29(2)^F29] The provisions of Part III of Schedule 5 to this Act have effect, so far as applicable, in relation to—

[^F30(a)[^F31Strategic Health Authorities and^F31] Health Authorities established under section 8 above; and

(b)any Special Health Authority established under section 11 above.^F30]

^F3213 Secretary of State’s directions.

(1)^F34The Secretary of State may direct a [^F33Health Authority or Special Health Authority^F33] to exercise on his behalf such of his functions relating to the health service as are specified in the directions, and . . . it shall be the duty of the [^F35Health Authority or Special Health Authority^F35] to comply with the directions.

(2)The Secretary of State’s functions under subsection (1) above—

(a)^F36include any of his functions under enactments relating to mental health and nursing homes, . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3714. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15[^F38Duty of Health Authority in relation to family health services.^F38]_cross-notes

(1)It is the duty [^F39of each Primary Care Trust and^F39] of [^F40each Health Authority, in accordance with regulations^F40] —

[^F41(a)to administer the arrangements made in pursuance of this Act for the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services for their [^F42area^F42];^F41]

(b)to perform such [^F43management and^F43] other functions relating to those services as may be prescribed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F44[^F45(1ZA)It is the duty of [^F46each Strategic Health Authority and^F46] each Health Authority, in accordance with regulations, to perform such functions in relation to section 28C arrangements as may be prescribed.

(1ZB)Regulations under subsection (1ZA) may, in particular—

(a)prescribe functions in relation to training;

(b)provide for appeals to the Secretary of State or a prescribed body in relation to functionsprescribed by the regulations.^F45]

[^F47(1ZC)It is the duty of each Primary Care Trust—

(a)in making LPS arrangements to establish and operate, in accordance with directions given by the Secretary of State under section 17 ^F48 by virtue of section 36(2) of the Health and Social Care Act 2001, procedures for dealing with complaints about the provision of local pharmaceutical services in accordance with those arrangements, and

(b)in accordance with regulations, to perform such other functions in relation to those arrangements as may be prescribed.

(1ZD)Regulations under subsection (1ZC)(b) may, in particular, prescribe functions in relation to training.^F47]

^F49(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[[^F50,F51(1B)In relation to a Part II medical practitioner—

(a)whose name is included in the medical list of only one [^F52Primary Care Trust or^F52] Health Authority, and

(b)who practises on his own or in partnership with others all of whom are Part II medical practitioners whose names are included only in [^F53the medical list of that Trust or Authority^F53],

any reference in this Act or the ^M4National Health Service and Community Care Act 1990 to the relevant [^F52Primary Care Trust or^F52] Health Authority is to be construed as a reference to [^F54that Trust or Authority^F54] .

(1BA)In relation to a medical practitioner who is not within subsection (1B), any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant [^F55Primary Care Trust or^F55] Health Authority is to be construed as a reference to [^F56the Trust or Authority^F56] in whose area most of the practice patients live.^F51]

[^F57(1C)In relation to the operation of a fund-holding practice by medical practitioners the relevant Health Authority in respect of one or more of whom would (apart from this subsection) be different from that in respect of the other or others, the relevant Health Authority for each of them shall be determined for the purposes of the application of any provision relating to fund-holding practices as if they were all practising in a single partnership.^F57]

[^F58(1D)In this section—

• ”Part II medical practitioner” means a medical practitioner who provides general medical services under Part II and does not perform personal medical services under section 28C arrangements; and

• ”practice patient” means—

  (a)

  in relation to a medical practitioner who practises otherwise than in partnership, an individual who is on that practitioner’s list of patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with section 28C arrangements, an individual who is on that single list);

  (b)

  in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with section 28C arrangements, an individual who is on that single list).^F58,F50]]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F59[^F6016 Exercise of functions by Health Authorities and Special Health Authorities.

(1)This subsection applies to functions which are exercisable by [^F61a Strategic Health Authority or^F61] a Health Authority under or by virtue of this Act (including this section), the ^M5National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.

(2)Regulations may provide for any functions to which subsection (1) above applies to be exercised—

[^F62(za)by another Strategic Health Authority;^F62]

(a)by another Health Authority,

(b)by a Special Health Authority, or

(c)jointly with any one or more of the following: Primary Care Trusts [^F63, Local Health Boards^F63][^F64, other Strategic Health Authorities^F64] and other Health Authorities.

(3)Regulations may provide for any functions which are exercisable by a Special Health Authority under section 16D below to be exercised—

(a)by another Special Health Authority, or

(b)jointly with one or more other Special Health Authorities.

(4)Regulations may provide—

(a)for any functions to which subsection (1) above applies to be exercised, on behalf of the [^F65Strategic Health Authority or^F65] Health Authority by whom they are exercisable, by a committee, sub-committee or officer of the [^F65Strategic Health Authority or^F65] Health Authority,

(b)for any functions which, under section 16D below or this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

(c)for any functions exercisable jointly under subsection (2)(c) or (3)(b) above to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.^F60]

[^F6616A Primary Care Trusts._cross-notes

[^F67(1)It is the duty of the Secretary of State to establish bodies to be known as Primary Care Trusts for areas in England with a view to their exercising functions in relation to the health service.

(1A)The Secretary of State shall act under this section so as to ensure that the areas for which Primary Care Trusts are at any time established together comprise the whole of England.^F67]

(2)Each Primary Care Trust shall be established by an order made by him (referred to in this Act as a PCT order).

(3)A Primary Care Trust shall be established for the area [^F68of England^F68] specified in its PCT order and shall exercise its functions in accordance with any prohibitions or restrictions in the order.

(4)If any consultation requirements apply, they must be complied with before a PCT order is made.

(5)In this section, ”consultation requirements” means requirements about consultation contained in regulations (and the regulations must impose requirements where a PCT order establishes a Primary Care Trust).

(6)Schedule 5A to this Act (which makes further provision about Primary Care Trusts) shall have effect.^F66]

^F6916B Exercise of functions by Primary Care Trusts.

(1)^M6This section applies to functions which are exercisable by a Primary Care Trust under or by virtue of this Act (including this section), the National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.

(2)Regulations may provide for any functions to which this section applies to be exercised—

(a)by another Primary Care Trust,

(b)by a Special Health Authority, or

(c)jointly with any one or more of the following: [^F70Strategic Health Authorities,^F70] Health Authorities, NHS trusts[^F71, Local Health Boards^F71] and other Primary Care Trusts.

(3)Regulations may provide—

(a)for any functions to which this section applies to be exercised, on behalf of the Primary Care Trust by whom they are exercisable, by a committee, sub-committee or officer of the trust,

(b)for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

(c)for any functions which, under this section, are exercisable by a Primary Care Trust jointly with one or more [^F72Strategic Health Authorities,^F72] Health Authorities or other Primary Care Trusts (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.

[^F73(4)The Secretary of State may by order make provision for the transfer to a Special Health Authority of the rights and liabilities of a Primary Care Trust under a general dental services contract in a case where the Authority exercises functions of the Trust in relation to the contract by virtue of subsection (2)(b) above (and for their transfer back to the Trust where the Authority ceases to exercise those functions).^F73]

[^F7416BA Local Health Boards

(1)The National Assembly for Wales may establish bodies to be known as Local Health Boards with a view, in particular, to their exercising—

(a)functions of Health Authorities transferred or to be transferred to the Assembly by order under section 27 of the Government of Wales Act 1998 (reform of Welsh health authorities),

(b)other functions of the Assembly relating to the health service.

(2)Each Local Health Board shall be established by order made by the Assembly (referred to in this Act as an LHB order), and an order may establish more than one Local Health Board.

(3)A Local Health Board shall be established for the area of Wales specified in its LHB order.

(4)If any consultation requirements apply, they must be complied with before an LHB order is varied or revoked.

(5)In this section, “consultation requirements” means requirements about consultation contained in regulations made by the Assembly.

(6)Schedule 5B to this Act (which makes further provision about Local Health Boards) shall have effect.

16BB Local Health Boards: functions

(1)The National Assembly for Wales may direct a Local Health Board to exercise in relation to its area any functions which—

(a)were exercised by a Health Authority in relation to any part of the same area, and

(b)have been transferred to the Assembly as mentioned in section 16BA(1) above.

(2)The Assembly may also direct a Local Health Board to exercise in relation to its area such other functions of the Assembly relating to the health service as are specified in the directions.

(3)The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes.

(4)The Assembly may give directions to a Local Health Board about its exercise of any functions.

(5)Directions under subsection (1) above must be given in regulations made by the Assembly; but other directions under this section and directions under section 16BC below may be given in such regulations or by instrument in writing.

16BC Exercise of functions by Local Health Boards

(1)This section applies to functions which are exercisable by a Local Health Board under or by virtue of section 16BB above or this section.

(2)The Assembly may give directions providing for any functions to which this section applies to be exercised—

(a)by another Local Health Board;

(b)by a Special Health Authority; or

(c)jointly with any one or more of the following: Health Authorities, NHS trusts, Primary Care Trusts and other Local Health Boards.

(3)Directions given by the Assembly may provide—

(a)for any functions to which this section applies to be exercised, on behalf of the Local Health Board by whom they are exercisable, by a committee, sub-committee or officer of the Board,

(b)for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

(c)for any functions which, under this section, are exercisable by a Local Health Board jointly with one or more Health Authorities or other Local Health Boards (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.^F74]

[^F75(4)The Assembly may by order make provision for the transfer to a Special Health Authority of the rights and liabilities of a Local Health Board under a general dental services contract in a case where the Authority exercises functions of the Board in relation to the contract by virtue of subsection (2)(b) above (and for their transfer back to the Board where the Authority ceases to exercise those functions).^F75]

[^F7616C Advice for Health Authorities and Primary Care Trusts.

(1)Every [^F77Strategic Health Authority and every^F77] Health Authority shall make arrangements with a view to securing that they receive advice appropriate for enabling them effectively to exercise the functions exercisable by them from persons with professional expertise relating to the physical or mental health of individuals.

(2)This section applies to Primary Care Trusts [^F78and Local Health Boards^F78] as it applies to [^F79Strategic Health Authorities and^F79] Health Authorities.^F76]

[^F80Functions of Primary Care Trusts and Local Health Boards

16CAPrimary dental services

(1)Each Primary Care Trust and Local Health Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to provide primary dental services within its area, or secure their provision within its area.

(2)A Primary Care Trust or Local Health Board may (in addition to any other power conferred on it) provide primary dental services itself (whether within or outside its area).

(3)Each Primary Care Trust and Local Health Board must publish information about such matters as may be prescribed in relation to the primary dental services for which it makes provision under this Part.

(4)A body on which functions are conferred under this section must co-operate with any other such body in the discharge of their respective functions relating to the provision of primary dental services under this Part.

(5)Regulations may provide that services of a prescribed description are, or are not, to be regarded as primary dental services for the purposes of this Part.

(6)Regulations under subsection (5) may in particular describe services by reference to the manner or circumstances in which they are provided.^F80]

[^F8116CBDental public health

(1)A Primary Care Trust shall have such functions in relation to dental public health in England as may be prescribed.

(2)A Local Health Board shall have such functions in relation to dental public health in Wales as may be prescribed.

(3)The National Assembly for Wales shall have such functions in relation to dental public health in Wales as may be prescribed.

(4)The functions of a Primary Care Trust under this section may be discharged—

(a)by the Trust itself;

(b)by the Trust and one or more other Primary Care Trusts acting jointly; or

(c)by any other person or body in accordance with arrangements made by the Trust.

(5)The functions of a Local Health Board under this section may be discharged—

(a)by the Board itself;

(b)by the Board and one or more other Local Health Boards acting jointly; or

(c)by any other person or body in accordance with arrangements made by the Board.^F81]

[^F8216CCPrimary medical services

(1)Each Primary Care Trust and Local Health Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to provide primary medical services within its area, or secure their provision within its area.

(2)A Primary Care Trust or Local Health Board may (in addition to any other power conferred on it)—

(a)provide primary medical services itself (whether within or outside its area);

(b)make such arrangements for their provision (whether within or outside its area) as it thinks fit, and may in particular make contractual arrangements with any person.

(3)Each Primary Care Trust and Local Health Board must publish information about such matters as may be prescribed in relation to the primary medical services provided under this Part.

(4)A body on which functions are conferred under this section must co-operate with any other such body in the discharge of their respective functions relating to the provision of primary medical services under this Part.

(5)Regulations may provide that services of a prescribed description are, or are not, to be regarded as primary medical services for the purposes of this Part.

(6)Regulations under this section may in particular describe services by reference to the manner or circumstances in which they are provided.^F82]

[^F83 Directions as to distribution and exercise of functions^F83]

[^F8416D Secretary of State’s directions: distribution of functions.

(1)The Secretary of State may direct a [^F85Strategic Health Authority,^F85] Health Authority or Special Health Authority [^F86or a Primary Care Trust^F86] to exercise any of his functions relating to the health service which are specified in the directions.

(2)The Secretary of State may direct a Special Health Authority to exercise any functions of a [^F87Strategic Health Authority or^F87] Health Authority or a Primary Care Trust which are specified in the directions.

(3)The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes.^F84]

17^F88 Secretary of State’s directions: exercise of functions.

(1)The Secretary of State may give directions to any of the bodies mentioned in subsection (2) below about their exercise of any functions.

(2)The bodies are—

[^F89(za)Strategic Health Authorities;^F89]

(a)Health Authorities;

(b)Special Health Authorities;

(c)Primary Care Trusts;

(d)NHS trusts.

[^F90(3)Nothing in any provision made by or under this or any other Act shall be read as affecting the generality of subsection (1) above.^F90]

[^F9117AStrategic Health Authority’s directions: distribution of functions.

(1)A Strategic Health Authority may, in relation to any specifiedfunctions of theirs, direct a Primary Care Trust any part of whose area falls within their area to exercise those functions.

(2)But a Strategic Health Authority may not so direct a Primary Care Trust in relation to any functions of the Strategic Health Authority arising under section 28C arrangements if the Primary Care Trust is providing any services in accordance with those arrangements.

(3)The Secretary of State may direct Strategic Health Authorities that specifiedfunctions of theirs—

(a)are to be exercisable, or exercisable to (or only to) any specified extent, by Primary Care Trusts; or

(b)are not to be exercisable by Primary Care Trusts,

and that the power in subsection (1) above is to be exercised accordingly.

(4)Directions under subsection (3)(a) above may include directions that any of the specifiedfunctions are to be exercised (or exercised to or only to any specified extent) jointly with the Strategic Health Authority, or jointly by one or more Primary Care Trusts; but such directions may be given only if regulations providing for the joint exercise of those functions have been made under section 16 or 16B above.

(5)In this section, “specified” means specified in the directions.^F91]

[^F9217B Health Authority’s directions: exercise of functions.

(1)A [^F93Strategic Health Authority^F93] may give directions to a Primary Care Trust about its exercise of any functions^F94. . . .

(2)Directions under this section have effect subject to any directions given under section 17 above.^F92]

[^F95 Directions and regulations: general^F95]

[^F9618Directions and regulations under preceding provisions.

(1)Any directions given by the Secretary of State under section 16D, 17 or 17A above shall be given by regulations or by an instrument in writing.

(1A)But any directions given by him—

(a)under section 16D above about functions under section 4 above; ^F97[^F98...^F98]

(b)^F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)under section 16D, 17 or 17A above about functions conferred on the Secretary of State by section 20(1) ^F100... (2) below,

shall be given by regulations.

(1B)Directions given by a [^F101Strategic Health Authority^F101] under section 17A or 17B above shall be given by an instrument in writing.^F96]

^F102(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Directions given and regulations made under sections [^F10316 to 17B above^F103] in respect of any function—

(a)shall not, except in prescribed cases, preclude [^F104an authority or a^F104] person by whom the function is exercisable apart from the directions or regulations from exercising the function, and

(b)may in the case of directions given by an instrument in writing be varied or revoked by subsequent directions given in pursuance of those sections and this section (without prejudice to the operation of [^F105section 14 of the ^M7Interpretation Act 1978^F105] in the case of directions given by regulations),

^F106. . .

[^F107 Primary Care Trusts: further functions

^F10818A Provision of services etc.

(1)A Primary Care Trust may provide services under an agreement made under section 28C below, and may do so as a member of a qualifying body (within the meaning of section 28D).

(2)A Primary Care Trust may arrange for the provision by the trust to another health service body of goods or services (including accommodation) which are of the same description as those which, at the time of making the arrangement, the trust has power to provide in carrying out its other functions.

(3)A Primary Care Trust may provide premises for the use of persons—

(a)providing general medical, general dental, general ophthalmic or pharmaceutical services, or

(b)performing personal medical or personal dental services under an agreement made under section 28C below,

on any terms it thinks fit.

(4)A Primary Care Trust which manages any hospital may make accommodation or services available there for patients who give undertakings (or for whom undertakings are given) to pay any charges imposed by the trust in respect of the accommodation or services.

(5)A Primary Care Trust has power to do anything specified in section 7(2) of ^M8the Health and Medicines Act 1988 (provision of goods, services etc.), other than make accommodation or services available for patients at any hospital it manages, for the purpose of making additional income available for improving the health service.

(6)A Primary Care Trust may only exercise a power conferred by subsection (4) or (5) above—

(a)to the extent that its exercise does not to any significant extent interfere with the performance by the trust of its functions or of its obligations under NHS contracts, and

(b)in circumstances specified in directions under section 17 above, with the Secretary of State’s consent.

(7)In this section ”hospital” means a health service hospital and includes any establishment or facility managed for the purposes of the health service.^F107]

[^F109Advisory committees for Wales^F109] andCommunity Health Councils

19[^F110Advisory committees for Wales^F110] .

(1)^F111Where the Secretary of State is satisfied that a committee formed for Wales, . . . is representative of persons of any of the following categories—

(a)the medical practitioners, or

(b)the dental practitioners, or

(c)the nurses and midwives, or

(d)the registered pharmacists, or

(e)the ophthalmic and dispensing opticians,

^F112of Wales . . ., then it shall be his duty to recognise the committee.

(2)A committee recognised in pursuance of subsection (1) above shall be called—

(a)the Welsh Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be;

^F113(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F114(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Secretary of State’s duty under [^F115subsection (1)^F115] above is subject to paragraph 1 of Schedule 6 to this Act, and that Schedule has effect in relation to a committee recognised in pursuance of this section.

[^F11619AIndependent advocacy services

(1)It is the duty of the Secretary of State to arrange, to such extent as he considers necessary to meet all reasonable requirements, for the provision of independent advocacy services.

(2)“Independent advocacy services” are services providing assistance (by way of representation or otherwise) to individuals making or intending to make—

(a)a complaint under a procedure operated by a health service body or independent provider,

(b)a complaint to the Health Service Commissioner for England or the Health Service Commissioner for Wales,

(c)a complaint of a prescribed description which relates to the provision of services as part of the health service and—

(i)is made under a procedure of a prescribed description, or

(ii)gives rise, or may give rise, to proceedings of a prescribed description.

(3)In subsection (2)—

• “health service body” means a body which, under section 2(1) or (2) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales;

• “independent provider” means a person who, under section 2B(1) or (2) of that Act, is subject to such investigation.

(4)The Secretary of State may make such other arrangements as he thinks fit for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(5)In making arrangements under this section the Secretary of State must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is the subject of a relevant complaint or is involved in investigating or adjudicating on such a complaint.

(6)The Secretary of State may make payments to any person in pursuance of arrangements under this section.^F116]

[^F117(7)The Secretary of State may direct a Patients' Forum established for a Primary Care Trust to exercise any of his functions under this section so far as they relate to independent advocacy services provided to persons in the area of the Primary Care Trust or persons to whom services have been provided by, or under arrangements with, the Trust; and if he does so—

(a)the functions of that Patients' Forum are to be taken to include those functions, but

(b)the Patients' Forum may not make any arrangements with itself under this section.^F117]

^F11820 Community Health Councils.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F11920ACommunity Health Councils in Wales

(1)The Community Health Councils established for areas or parts of areas of Health Authorities in Wales are to continue in existence.

(2)But the National Assembly for Wales may by order—

(a)provide for the Councils to be known by a different name;

(b)abolish a Council, alter the district in Wales for which a Council is established, or provide for the establishment of a new Council for a district in Wales.

(3)In making an order the Assembly must ensure—

(a)that every part of Wales is included in the district of a Council;

(b)that no part of a district is separated from the rest of it by a territory not included in the district.

(4)Schedule 7A to this Act makes further provision about Councils continued in existence or established under this section.^F119]

Co-operation and assistance

21 Local social services authorities._cross-notes

(1)Subject to paragraphs (d) and (e) of section 3(1) above, the services described in Schedule 8 to this Act in relation to—

(a)^F120care of mothers . . .,

(b)prevention, care and after-care,

(c)home help and laundry facilities,

are functions exercisable by local social services authorities, and that Schedule has effect accordingly.

(2)A local social services authority who provide premises, furniture or equipment for any of the purposes of this Act may permit the use of the premises, furniture or equipment—

(a)by any other local social services authority, or

(b)by any of the bodies constituted under this Act, or

(c)by a local education authority.

This permission may be on such terms (including terms with respect to the services of any staff employed by the authority giving permission) as may be agreed.

(3)A local social services authority may provide (or improve or furnish) residential accommodation—

(a)for officers employed by them for the purposes of any of their functions as a local social services authority, or

(b)for officers employed by a voluntary organisation for the purposes of any services provided under this section and Schedule 8.

22 Co-operation between health authorities and local authorities.

[^F121(1)In exercising their respective functionsNHS bodies (on the one hand) and local authorities (on the other) shall co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales.

(1A)In this section “NHS body” means—

[^F122(za)a Strategic Health Authority;^F122]

(a)a Health Authority;

(b)a Special Health Authority;

(c)a Primary Care Trust; ^F123. . .

[^F124(cc)a Local Health Board; or^F124]

(d)an NHS trust.^F121]

[^F125(2)There shall be committees, to be called joint consultative committees, who shall [^F126advise^F126][^F127bodies represented on them^F127] on the performance of their duties under subsection (1) above, and on the planning and operation of services of common concern to those authorities. ^F128. . .

[^F129(3)Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Health Authorities together with, in the case of each, one or more associated local authorities; and a Health Authority shall be represented together with each of the local authorities associated with that Health Authority in one or other of the committees (but not necessarily the same committee).

(3ZA)For the purposes of subsection (3) above a local authority is associated with a Health Authority if it is a local authority whose area is wholly or partly within the area of the Health Authority.^F129]

[^F130(3A)It is the Secretary of State’s duty by order to secure as respects each joint consultative committee that it includes additional members appointed in a manner specified in the order by voluntary organisations.^F130]

(4)The Secretary of State shall have power by order to provide for any matter relating to joint consultative committees, and such an order may in particular—

(a)provide for the way in which the provisions of subsections (2) and (3) above are to be carried out, or provide for varying the arrangements set out in those subsections;

(b)provide, where it appears to the Secretary of State appropriate, for [^F131a Health Authority to be represented on a joint consultative committee together with a local authority none of whose area is within the area of the Health Authority;^F131]

(c)afford a choice to any authorities as to the number of joint consultative committees on which they are to be represented, and provide for the case where the authorities cannot agree on the choice;

(d)authorise or require a joint consultative committee to appoint any sub-committee or to join with another joint consultative committee or other joint consultative committees in appointing a joint sub-committee;

(e)authorise or require the appointment to a joint consultative committee, or to any sub-committee, of persons who are [^F132neither—

(i)members of the authorities represented by the joint consultative committee; nor

(ii)appointed by virtue of an order under subsection (3A) above^F132];

(f)require the authorities represented on a joint consultative committee to defray the expenses of the committee, and of any sub-committee, in such shares as may be determined by or under the order, and provide for the way in which any dispute between those authorities concerning the expenses is to be resolved; and

(g)require those authorities to make reports to the Secretary of State on the work of the joint consultative committee and of any sub-committee.

(5)Before making an order under this section the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned, and with any local authority with whom consultation appears to him to be desirable.

[^F133(6)Without prejudice to the generality of section 126(4) below, the power to make an order conferred by subsection (3A) above may be exercised so as to make different provision for England and Wales and different provision for different communities in either.^F133,F125]]

23 Voluntary organisations and other bodies._cross-notes

(1)The Secretary of State may, where he considers it appropriate, arrange with any person or body (including a voluntary organisation) for that person or body to provide, or assist in providing, any service under this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F134(2)The Secretary of State may make available—

(a)to any person or body (including a voluntary organisation) carrying out any arrangements under subsection (1) above, or

(b)to any voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968 (assistance made available by the Secretary of State or local authorities),

any facilities (including goods or materials, or the use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under this Act; and, where anything is so made available, the services of persons employed by the Secretary of State or by a [^F135Strategic Health Authority,^F135][^F136Health Authority [^F137, Special Health Authority [^F138, Primary Care Trust or Local Health Board^{F138,F137,F136}]]] in connection with it.

(3)The powers conferred by this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to the Secretary of State, and any goods or materials may be made available either temporarily or permanently.

(4)The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so made available, [^F139the Vehicle Excise and Registration Act 1994^F139] and [^F140Part VI of the Road Traffic Act 1988^F140] shall have effect with such modifications as are specified in the order.

(5)Any power to supply goods or materials conferred by this section includes a power to purchase and store them and includes a power to arrange with third parties for the supply of goods or materials by those third parties.

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14125 Supplies not readily obtainable.

Where the Secretary of State has acquired—

(a)supplies of human blood for the purposes of any service under this Act, or

(b)any part of a human body for the purpose of, or in the course of providing, any such service, or

(c)supplies of any other substances or preparations not readily obtainable,

he may arrange to make such supplies or that part available (on such terms, including terms as to charges, as he thinks fit) to any person.

26 Supply of goods and services by Secretary of State._cross-notes

(1)The Secretary of State may—

(a)supply to local authorities, and to such public bodies or classes of public bodies as he may determine, any goods or materials of a kind used in the health service;

(b)make available to local authorities, and to those bodies or classes of bodies, any facilities (including the use of any premises and the use of any vehicle, plant or apparatus) provided by him [^F143or by a Primary Care Trust^F143] for any service under this act, and the services of persons employed by the Secretary of State or by a [^F144Strategic Health Authority,^F144][^F145Health Authority [^F146Special Health Authority [^F147, Primary Care Trust or Local Health Board^{F147,F146,F145}]]] ;

(c)carry out maintenance work in connection with any land or building for the maintenance of which a local authority is responsible.

In this subsection—

• “maintenance work” includes minor renewals, minor improvements and minor extensions; and

• “public bodies” includes public bodies in Northern Ireland.

[^F148(2)The Secretary of State may supply or make available to persons—

(a)providing general medical services, general dental services, general ophthalmic services or pharmaceutical services, or

(b)providing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part, [^F149 or

(c)providing, in accordance with LPS arrangements, local pharmaceutical services or other services of a kind that may be provided under this Part,^F149]

such goods, materials or other facilities as may be prescribed.^F148]

(3)The Secretary of State shall make available to local authorities—

(a)any services or other facilities (excluding the services of any person but including goods or materials, the use of any premises and the use of any vehicle, plant or apparatus) provided under this Act,

(b)the services provided as part of the health service by any person employed by the Secretary of State or a [^F150Strategic Health Authority,^F150][^F145Health Authority [^F151Special Health Authority or Primary Care Trust^F151,F145]] , and

(c)the services of any medical practitioner, dental practitioner or nurse employed by the Secretary of State or a [^F152Strategic Health Authority,^F152][^F145Health Authority [^F151Special Health Authority or Primary Care Trust^F151,F145]] otherwise than to provide services which are part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.

[^F153(4)The Secretary of State may arrange to make available to local authorities the services of persons of the following descriptions, that is to say—

(a)persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services,

[^F154(aa)persons performing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part,^F154]. . .

[^F155(ab)persons providing, in accordance with LPS arrangements, local pharmaceutical services or other services of a kind that may be provided under this Part, and^F155]

(b)persons providing [^F156Strategic Health Authorities,^F156][^F157Health Authorities [^F158Special Health Authorities or Primary Care Trusts^F158,F157]] with services of a kind provided as part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.^F153]

27 Conditions of supply under s. 26._cross-notes

(1)It is the Secretary of State’s duty, before he makes the services of any officer of a [^F159Strategic Health Authority,^F159][^F160Health Authority [^F161Special Health Authority [^F162, Primary Care Trust or Local Health Board^{F162,F161,F160}]]] available in pursuance of subsection (1)(b) or subsection (3)(b) or (c) of section 26 above, to consult the officer or a body recognised by the Secretary of State as representing the officer about the matter, or to satisfy himself that the [^F163Strategic Health Authority,^F163][^F160Health Authority [^F161Special Health Authority [^F164, Primary Care Trust or Local Health Board^{F164,F161,F160}]]] has consulted the officer about the matter.

(2)The Secretary of State shall be entitled to disregard the provisions of subsection (1) above in a case where he considers it necessary to make the services of an officer available as mentioned in that subsection for the purpose of dealing temporarily with an emergency, and has previously consulted such a body about the making available of services in an emergency.

(3)For the purposes of subsection (1)(b) or subsection (3)(b) or (c) of section 26 the Secretary of State may give such directions to [^F165Strategic Health Authorities,^F165][^F166Health Authorities [^F167Special Health Authorities [^F168, Primary Care Trusts and Local Health Boards^{F168,F167,F166}]]] to make the services of their officers available as he considers appropriate; [^F169. . .^F169] .

(4)The powers conferred by this section and section 26 may be exercised on such terms as may be agreed, including terms as to the making of payments to the Secretary of State, and such charges may be made by the Secretary of State in respect of services or facilities provided under subsection (3) of section 26 as may be agreed between the Secretary of State and the local authority or, in default of agreement, as may be determined by arbitration.

(5)The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of section 26 and is used in accordance with the terms on which it is so made available, [^F170the Vehicle Excise and Registration Act 1994^F170] and [^F171Part VI of the ^M9Road Traffic Act 1988^F171] shall have effect with such modifications as are specified in the order.

(6)Any power to supply goods or materials conferred by section 26 includes a power to purchase and store them, and a power to arrange with third parties for the supply of goods or materials by those third parties.

28 Supply of goods and services by local authorities.

(1)^M10In the Local Authorities (Goods and Services) Act 1970 the expression “public body” includes any [^F172Strategic Health Authority,^F172][^F173Health Authority [^F174Special Health Authority [^F175, Primary Care Trust or Local Health Board^{F175,F174,F173}]]] and so far as relates to his functions under this Act includes the Secretary of State.

(2)The provisions of subsection (1) above have effect as if made by an order under section 1(5) of that Act of 1970, and accordingly may be varied or revoked by such an order.

(3)^M11Every local authority shall make available to [^F176Strategic Health Authorities,^F176][^F177Health Authorities, Special Health Authorities [^F178Primary Care Trusts [^F179, Local Health Boards^{F179,F178,F177}]]][^F180and NHS trusts^F180] acting in the area of the local authority the services of persons employed by the local authority for the purposes of the local authority’s functions under the Local Authorities Social Services Act 1970 so far as is reasonably necessary and practicable to enable [^F181Strategic Health Authorities,^F181][^F177Health Authorities, Special Health Authorities [^F182Primary Care Trusts [^F182, Local Health Boards^{F182,F182,F177}]]][^F180and NHS trusts^F180] to discharge their functions under this Act [^F183and the National Health Service and Community Care Act 1990^F183] .

^F184(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F18528A Power to make payments towards expenditure on community services.

(1)This section applies to the following [[^F186,F187bodies^F187]—

(a)a Health Authority;^F186]. . .

[^F188(b)a Primary Care Trust[^F189; and^F189,F188]]

[^F190(c)a Local Health Board.^F190]

(2)[^F191A body to which^F191] this section applies may, if they think fit, make payments—

(a)to a local social services authority towards expenditure incurred or to be incurred by them in connection with [^F192any social services functions (within the meaning of the Local Authority Social Services Act 1970)^F192], other than functions under section 3 of the ^M12Disabled Persons (Employment) Act 1958;

(b)to a district council, [^F193or to a Welsh county council or county borough council,^F193]towards expenditure incurred or to be incurred by them in connection with their functions under section 8 of the ^M13Residential Homes Act 1980 or Part II of Schedule 9 to the ^M14Health and Social Services and Social Security Adjudications Act 1983 (meals and recreation for old people);

(c)to an authority who are a local education authority for the purposes of [^F194the Education Act 1996^F194], towards expenditure incurred or to be incurred by them in connection with their functions under [^F195the Education Acts (within the meaning of that Act)^F195], in so far as they perform those functions for the benefit of disabled persons;

[^F196(d)to a local housing authority within the meaning of the ^M15Housing Act 1985, towards expenditure incurred or to be incurred by them in connection with their functions under Part II of that Act (provision of housing); and^F196]

(e)to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation,—

[^F197(i)a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);.^F197]

(ii)the Commission for the New Towns;

(iii)a new town development corporation;

(iv)an urban development corporation established under the ^M16Local Government, Planning and Land Act 1980;

(v)the Housing Corporation; ^F198. . .

^F198(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F199(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F200(2A)A body to which this section applies may, if they think fit, make payments to a local authority towards expenditure incurred or to be incurred by the authority in connection with the performance of any of the authority’s functions which, in the opinion of the body,—

(a)have an effect on the health of any individuals,

(b)have an effect on, or are affected by, any NHS functions, or

(c)are connected with any NHS functions.

(2B)In this section “NHS functions” means functions exercised by a [^F201Strategic Health Authority,^F201] Health Authority, Special Health Authority, Primary Care Trust [^F202, Local Health Board^F202] or NHS trust.^F200]

(3)A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

[^F203(4)No payment shall be made under this section in respect of any expenditure unless the expenditure has been recommended for a payment under this section by a joint consultative committee on which the authority proposing to make the payment are represented.^F203]

(5)The Secretary of State may by directions prescribe conditions relating to payments under this section.

(6)The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.

(7)Without prejudice to the generality of subsection (5) above, the power may be exercised—

(a)so as to make different provision for England and Wales and different provision for different [^F204areas^F204] in either; and

(b)so as to require, in such circumstances as may be specified,—

(i)repayment of the whole or any part of a payment under this section;

(ii)payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

(8)No payment shall be made under this section in respect of any expenditure unless the conditions relating to it—

[^F203(a)accord with the advice given by the joint consultative committee in making the recommendation for a payment under this section in respect of the expenditure in question; and^F203,F185]]

(b)conform with the conditions prescribed for payments of that description under subsection (5) above.

(9)Where [^F205the expenditure in respect of which a payment under this section is proposed to be made^F205] is expenditure in connection with services to be provided by a voluntary organisation—

(a)the [^F206body^F206] who are to make the payment may make payments to the voluntary organisation towards the expenditure incurred or to be incurred by the organisation in connection with the provision of those services, instead of or in addition to making payments under subsection (2) [^F207or (2A)^F207] above; and

(b)an authority of one of the descriptions specified in paragraph (a), (b), (c) or (d) of subsection (2) above [^F208, or in subsection (2A) above,^F208] and who have received payments under that subsection may make out of the sums paid to them payments to the voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of those services,

but no payment shall be made under this subsection except subject to conditions [^F209which conform with the conditions prescribed for payments of that description under subsection (5) above.^F209]

^F21028B Power of Secretary of State to make payments towards expenditure on community services in Wales.

(1)The Secretary of State may, if he thinks fit, make payments—

(a)to authorities in Wales of any of the descriptions mentioned in paragraphs (a), (b), (c) and (d) of sectopm 28A(2) above, for the purposes respectively mentioned in those paragraphs;

(b)to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation in Wales,—

^F211[^F212(i)a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);.^F212]

(ii)the Commission for the New Towns;

(iii)a new town development corporation;

(iv)^M17an urban development corporation established under the Local Government, Planning and Land Act 1980;

^F213(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F214(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may, if he thinks fit, make payments to a voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of services for which he could make payments under subsection (1) above.

(3)A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(4)Conditions may be attached to a payment under this section.

(5)Without prejudice to the generality of subsection (4) above, the conditions that may be attached include conditions requiring, in such circumstances as may be specified,—

(a)repayment of the whole or any part of a payment under this section;

(b)payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

[^F21528BB Power of local authorities to make payments to NHS bodies.

(1)A local authority may, if they think fit, make payments to a relevant NHS body towards expenditure incurred or to be incurred by the body in connection with the performance by the body of prescribedfunctions of the NHS body.

(2)In this section—

• “prescribed” means prescribed to any extent by regulations made by the Secretary of State;

• “relevant NHS body” means a [^F216Strategic Health Authority or^F216] Health Authority or a Primary Care Trust [^F217or Local Health Board^F217].

(3)A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(4)The Secretary of State may by directions prescribe conditions relating to payments under this section.

(5)The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.

(6)Without prejudice to the generality of subsection (4) above, the power may be exercised—

(a)so as to make different provision for England and Wales and different provision for different areas in either; and

(b)so as to require, in such circumstances as may be specified—

(i)repayment of the whole or any part of a payment under this section; or

(ii)payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

(7)No payment shall be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed for payments of that description under subsection (4) above.^F215]

[^F218 Provision of personal medical or dental services^F218]

^F21928C Personal medical or dental services.

(1)A [^F220Strategic Health Authority or a^F220] Health Authority may make one or more agreements with respect to their area, in accordance with the provisions of regulations under section 28E, under which—

(a)[^F221primary^F221]medical services are provided (otherwise than by the Authority); or

(b)[^F221primary^F221] dental services are provided (otherwise than by the Authority).

(2)An agreement made under this section—

(a)may not combine arrangements for the provision of personal medical services with arrangements for the provision of [^F222primary^F222] dental services [^F223, and may not combine arrangements for the provision of [^F222primary^F222]medical services or [^F222primary^F222] dental services with arrangements for the provision of local pharmaceutical services under LPS schemes (within the meaning of paragraph 1(3) of Schedule 8A to this Act) or under pilot schemes made under section 28 of the Health and Social Care Act 2001^F223] ; but

(b)may include arrangements for the provision of services—

(i)which are not [^F222primary^F222]medical services or [^F222primary^F222] dental services; but

(ii)which may be provided under this Part.

^F224(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)This Act (and in particular section 17) has effect, in relation to [^F225primary^F225]medical services or [^F225primary^F225] dental services provided under an agreement made under this section, as if those services were provided as a result of the delegation by the Secretary of State (by directions given under section [^F22616D^F226] ) of functions of his under this Part.

(5)^M18The functions of a Health Authority in relation to an agreement made under this section are primary functions of the Authority for the purposes of the National Health Service and Community Care Act 1990.

(6)Regulations may provide—

(a)for functions which are exercisable by a [^F227Strategic Health Authority or a^F227] Health Authority in relation to an agreement made under this section to be exercisable on behalf of the Authority by a Health Board; and

(b)^M19for functions which are exercisable by a Health Board in relation to an agreement made under section 17C of the National Health Service (Scotland) Act 1978 to be exercisable on behalf of the Board by a [^F227Strategic Health Authority or a^F227] Health Authority.

^F228(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22928D Persons with whom agreements may be made.

(1)A [^F230Strategic Health Authority or a^F230] Health Authority may make an agreement under section 28C only with one or more of the following—

(a)an NHS trust; [^F231or NHS foundation trust^F231]

[^F232(b)a medical practitioner who meets the prescribed conditions;

(ba)a dental practitioner who meets the prescribed conditions;

(bb)a health care professional who meets the prescribed conditions;

(bc)an individual who is providing services—

(i)under a general medical services contract or general dental services contract;

(ii)in accordance with section 28C arrangements, section 17C arrangements or Article 15B arrangements; or

(iii)under section 19 or 25 of the 1978 Act or Article 56 or 61 of the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I. 14));

or has so provided them within such period as may be prescribed;^F232]

(d)an NHS employee, a section 28C employee[^F233, a section 17C employee or an Article 15B employee^F233] ;

(e)a qualifying body.

[^F234(f)a Primary Care Trust^F234][^F235or Local Health Board^F235]

[^F236(1A)The power under subsection (1) to make an agreement with a person falling within paragraph (bc) or (d) of that subsection is subject to such conditions as may be prescribed.^F236]

(2)In this section—

• ^M20“the 1978 Act” means the National Health Service (Scotland) Act 1978;

• [^F237“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 (1972 No. 1256 (N.I. 14));

  “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;^F237]

• [^F238“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;^F238]

• [^F239“ NHS employee ” means an individual who, in connection with the provision of services in the health service in England and Wales, Scotland or Northern Ireland, is employed by—

  (a)

  an NHS trust, an NHS foundation trust or (in Northern Ireland) a Health and Social Services Trust;

  (b)

  a Primary Care Trust or Local Health Board;

  (c)

  a person who is providing services under a general medical services contract or a general dental services contract;

• (d)

  an individual who is providing services as specified in subsection (1)(bc)(iii) above;^F239]

• “qualifying body” means—

  (a)

  a company which is limited by shares all of which are legally and beneficially owned by persons falling within [^F240paragraph (a), (b), [^F241(ba), (bb), (bc)^F241] , (d) or (f)^F240] of subsection (1); and also

  (b)

  ^M21in the case of an agreement under which [^F242primary^F242] dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the Dentists Act 1984, is entitled to carry on the business of dentistry;

• ^F243...

• ^F243...

• “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 [^F244a person providing or performing^F244] those services;

• “section 28C arrangements” means arrangements for the provision of services made under section 28C; and

• “section 28C employee” means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by [^F244a person providing or performing^F244] those services.

^F246[^F24528DA^F245] Lists of persons who may perform personal medical services or personal dental services

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F24728E Personal medical or dental services: regulations.

(1)The Secretary of State may make regulations with respect to the provision of services in accordance with section 28C arrangements.

(2)The regulations must—

(a)include provision for participants other than [^F248Strategic Health Authorities and^F248] Health Authorities to withdraw from section 28C arrangements if they wish to do so;

(3)The regulations may, in particular—

(a)provide that section 28C arrangements may be made only in prescribed circumstances;

(b)provide that section 28C 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 28C arrangements;

[^F250(ca)impose conditions (including conditions as to qualifications and experience) to be satisfied by persons performing services in accordance with section 28C arrangements;^F250]

(d)require details of section 28C arrangements to be published;

(e)make provision with respect to the variation and termination of section 28C arrangements;

^F251(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F251(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)provide for parties to section 28C arrangements to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 4 of the ^M22National Health Service and Community Care Act 1990;

(i)provide for directions, as to payments, made under section 4(7) of the Act of 1990 (as it has effect as a result of regulations made by virtue of paragraph (h)) to be enforceable in a county court (if the court so orders) as if they were judgments or orders of that court;

^F252(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F252(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F253(3A)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; and section 18(1) and (3)(b) apply in relation to any such directions.

(3B)A direction under subsection (3A) 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.^F253]

[^F254(3C)The regulations may also include provision requiring a Primary Care Trust or Local Health Board, in prescribed circumstances and subject to prescribed conditions, to enter into a general medical services contract or general dental services contract on prescribed terms with any person providing services under section 28C arrangements who so requests.^F254]

[^F255(3D)The regulations may also include provision for the resolution of disputes as to the terms of any proposed section 28C arrangements, and in particular may make provision—

(a)for the referral of the terms of the proposed arrangements to the Secretary of State or National Assembly for Wales; and

(b)for the Secretary of State, or Assembly, or a person appointed by him or it, to determine the terms on which the arrangements may be entered into.^F255]

[^F256(3E)The regulations must provide for the circumstances in which a person providing primary medical services under section 28C 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.

(3F)The regulations must make provision as to the right of patients to choose the persons from whom they are to receive services under section 28C arrangements.^F256]

[^F257(4)The regulations must include provision for a medical practitioner who—

(a)has provided or performed personal medical services in accordance with section 28C arrangements, and

(b)in contemplation of doing so, gave up fund-holding status,

to be allowed to return immediately to fund-holding status on satisfying the Secretary of State that, if he were granted that status, he would be able to fulfil the conditions for the time being in force for continuing to have it.

For the purposes of this subsection “fund-holding status” has such meaning as may be prescribed.^F257]

^F258(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F258(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F258(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F258(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F247]

^F264[^F26328F^F263] Right to choose medical practitioner.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F26528G Right to choose dental practitioner.

(1)Provision shall be made in regulations for conferring a right on any person to choose the dental practitioner from whom he is to receive primary dental services, subject to the consent of the practitioner concerned.

(2)The regulations shall, in particular, prescribe the procedure for choosing a practitioner.

(3)The regulations may, in particular, provide that the right to choose a dental practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.

(4)In this section “primary dental services” means dental services which are—

(a)provided, in accordance with section 28C arrangements, as personal dental services; or

(b)provided under Part II as general dental services.^F265]

^F267[^F26628H^F266] Immunisation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F26828I Use of accommodation.

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 personal medical services or personal dental services in accordance with section 28C arrangements, he may make the accommodation available on such terms as he thinks fit to persons providing those services.^F268]

[^F271General dental services contracts

28KGeneral dental services contracts: introductory

(1)A Primary Care Trust or Local Health Board may enter into a contract under which primary dental 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 dental services contract”.

(3)Subject to any provision made by or under this Part, a general dental services contract may make such provision as may be agreed between the Primary Care Trust or Local Health Board and the contractor in relation to—

(a)the services to be provided under the contract (which may include services which are not primary dental services),

(b)remuneration under the contract, and

(c)any other matters.

(4)In this Part, “contractor”, in relation to a general dental services contract, means any person entering into the contract with the Primary Care Trust or Local Health Board.

28LRequirement to provide certain primary dental services

(1)A general dental services contract must require the contractor or contractors to provide, for his or their patients, primary dental services of such descriptions as may be prescribed.

(2)Regulations under subsection (1) may in particular describe services by reference to the manner or circumstances in which they are provided.

28MPersons eligible to enter into GDS contracts

(1)A Primary Care Trust or Local Health Board may, subject to such conditions as may be prescribed, enter into a general dental services contract with—

(a)a dental practitioner;

(b)a dental corporation;

(c)two or more individuals practising in partnership where the conditions in subsection (2) are satisfied.

(2)The conditions referred to in subsection (1)(c) in relation to a partnership are that—

(a)at least one partner is a dental practitioner, and

(b)any partner who is not a dental practitioner is either—

(i)an NHS employee,

(ii)a section 28C employee, section 17C employee or Article 15B employee,

(iii)a health care professional who is engaged in the provision of services under this Act, or

(iv)an individual falling within section 28D(1)(bc) above.

(3)Regulations may make provision as to the effect, in relation to a general dental services contract entered into by individuals practising in partnership, of a change in the membership of the partnership.

(4)In this section—

• “dental corporation” means a body corporate which, in accordance with the provisions of Part 4 of the Dentists Act 1984, is entitled to carry on the business of dentistry;

• “health care professional” means a person who is a member of a profession regulated by a body mentioned (at the time the contract in question is entered into) in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002; and

• “NHS employee”, “section 28C employee”, “section 17C employee” and “Article 15B employee” have the same meanings as in section 28D above.

28NGDS contracts: payments

(1)The appropriate authority may give directions as to payments to be made under general dental services contracts.

(2)A general dental services contract must require payments to be made under the contract in accordance with directions for the time being in force under this section.

(3)Without prejudice to the generality of the power under subsection (1), a direction under that subsection may—

(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 a Primary Care Trust or Local Health 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 appropriate authority—

(a)must consult any body appearing to the authority to be representative of persons to whose remuneration the direction would relate, and

(b)may consult such other persons as the authority thinks appropriate.

(5)Section 18(1) and (3)(b) above apply in relation to directions under this section.

(6)References in this section to payments include fees, allowances, reimbursements, loans and repayments.

(7)In this section “appropriate authority” means—

(a)the Secretary of State, in relation to a contract made by a Primary Care Trust;

(b)the National Assembly for Wales, in relation to a contract made by a Local Health Board.

28OGDS contracts: other required terms

(1)A general dental 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 are to be provided;

(b)the persons who perform services;

(c)the persons to whom services are to 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 make provision as to the circumstances in which a Primary Care Trust or Local Health Board may impose a variation of contract terms.

(4)Regulations under subsection (1) must make provision as to the right of patients to choose the persons from whom they are to receive services.

28PGDS contracts: disputes and enforcement

(1)Regulations may make provision for the resolution of disputes as to the terms of a proposed general dental 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 or National Assembly for Wales; and

(b)for the Secretary of State or Assembly, or a person appointed by him or it, 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 dental services contract to be regarded as a health service body for any purposes of section 4 of the National Health Service and Community Care Act 1990, in circumstances where he or they so elect.

(4)Regulations under subsection (3) may include provision as to the application of section 4 of that Act 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 (7) of section 4 of that Act applies in relation to a general dental services contract, and

(b)a direction as to payments is made under that provision in relation to the contract,

the direction is to be enforceable in a county court (if the court so orders) as if it were a judgment or order of that court.^F271]

[^F272General medical services contracts

28QGeneral medical services contracts: introductory

(1)A Primary Care Trust or Local Health Board may enter into a contract under which primary medical 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 medical services contract”.

(3)Subject to any provision made by or under this Part, a general medical services contract may make such provision as may be agreed between the Primary Care Trust or Local Health 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 medical services contract may include—

(a)services which are not primary medical services;

(b)services to be provided outside the area of the Primary Care Trust or Local Health Board.

(5)In this Part, “contractor”, in relation to a general medical services contract, means any person entering into the contract with the Primary Care Trust or Local Health Board.

28RRequirement to provide certain primary medical services

(1)A general medical services contract must require the contractor or contractors to provide, for his or their patients, primary medical services of such descriptions as may be prescribed.

(2)Regulations under subsection (1) may in particular describe services by reference to the manner or circumstances in which they are provided.

28SPersons eligible to enter into GMS contracts

(1)A Primary Care Trust or Local Health Board may, subject to such conditions as may be prescribed, enter into a general medical services contract with—

(a)a medical practitioner;

(b)two or more individuals practising in partnership where the conditions in subsection (2) are satisfied; or

(c)a company limited by shares where the conditions in subsection (3) are satisfied.

(2)The conditions referred to in subsection (1)(b) in relation to a partnership are that—

(a)at least one partner is a medical practitioner; and

(b)any partner who is not a medical practitioner is either—

(i)an NHS employee;

(ii)a section 28C employee, section 17C employee or Article 15B employee;

(iii)a health care professional who is engaged in the provision of services under this Act; or

(iv)an individual falling within section 28D(1)(bc) above.

(3)The conditions referred to in subsection (1)(c) in relation to a company are that—

(a)at least one share in the company is legally and beneficially owned by a medical practitioner; and

(b)any share which is not so owned is legally and beneficially owned by a person referred to in subsection (2)(b)(i) to (iv).

(4)Regulations may make provision as to the effect, in relation to a general medical services contract entered into by individuals practising in partnership, of a change in the membership of the partnership.

(5)In this section—

• “health care professional” has the same meaning as in section 28M above;

• “NHS employee”, “section 28C employee”, “section 17C employee” and “Article 15B employee” have the same meanings as in section 28D above.

28TGMS contracts: payments

(1)The appropriate authority may give directions as to payments to be made under general medical services contracts.

(2)A general medical services contract must require payments to be made under the contract in accordance with directions for the time being in force under this section.

(3)Without prejudice to the generality of the power under subsection (1), directions under that subsection may—

(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 a Primary Care Trust or Local Health 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 appropriate authority—

(a)must consult any body appearing to the authority to be representative of persons to whose remuneration the direction would relate, and

(b)may consult such other persons as the authority thinks appropriate.

(5)Section 18(1) and (3)(b) apply in relation to directions under this section.

(6)References in this section to payments include fees, allowances, reimbursements, loans and repayments.

(7)In this section “appropriate authority” means—

(a)the Secretary of State, in relation to a contract made by a Primary Care Trust;

(b)the National Assembly for Wales, in relation to a contract made by a Local Health Board.

28UGMS contracts: prescription of drugs etc

(1)A general medical services contract must contain provision requiring the contractor or contractors to comply with any directions given by the appropriate authority for the purposes of this section as to the drugs, medicines or other substances which may or may not be ordered for patients in the provision of medical services under the contract.

(2)A direction under this section must, subject to subsection (3), be given by regulations.

(3)A direction under this section may be given by an instrument in writing where it gives effect to a request made in writing to the authority making the direction by a person who is a holder of a Community marketing authorization or United Kingdom marketing authorisation in respect of the drug, medicine or other substance to which the request relates.

(4)A direction under this section given by an instrument in writing may be varied or revoked by a further direction under this section (whether given by an instrument in writing or by regulations).

(5)In this section—

• “appropriate authority” has the same meaning as in section 28T above;

• “Community marketing authorization” and “United Kingdom marketing authorisation” have the meanings given by regulation 1 of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 (S.I. 1994/3144).

28VGMS contracts: other required terms

(1)A general medical 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 are to be provided;

(b)the persons who perform services;

(c)the persons to whom services are to 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 making provision under subsection (2)(c) must make provision as to the circumstances in which a contractor or contractors—

(a)must or may accept a person as a patient to whom services are provided under the contract; or

(b)may decline to accept a person as such a patient; or

(c)may terminate his or their responsibility for a patient.

(4)Regulations under subsection (2)(d) may—

(a)make provision as to the circumstances in which a Primary Care Trust or Local Health 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.

(5)Regulations making provision of the kind described in subsection (4)(b) may prescribe services by reference to the manner or circumstances in which they are provided.

(6)Regulations under subsection (1) must make provision as to the right of patients to choose the persons from whom they are to receive services.

28WGMS contracts: disputes and enforcement_cross-notes

(1)Regulations may make provision for the resolution of disputes as to the terms of a proposed general medical 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 or National Assembly for Wales; and

(b)for the Secretary of State or Assembly, or a person appointed by him or it, 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 medical services contract to be regarded as a health service body for any purposes of section 4 of the National Health Service and Community Care Act 1990, in circumstances where he or they so elect.

(4)Regulations under subsection (3) may include provision as to the application of section 4 of that Act 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 (7) of section 4 of that Act applies in relation to a general medical services contract, and

(b)a direction as to payments is made under that subsection in relation to the contract,

the direction is to be enforceable in a county court (if the court so orders) as if it were a judgment or order of that court.^F272]

[^F27328XPersons performing primary medical and dental services

(1)Regulations may provide that a health care professional of a prescribed description may not perform any primary medical service for which a Primary Care Trust or Local Health Board is responsible unless he is included in a list maintained under the regulations by a Primary Care Trust or Local Health Board.

(2)Regulations may provide that a health care professional of a prescribed description may not perform any primary dental service for which a Primary Care Trust or Local Health Board is responsible unless he is included in a list maintained under the regulations by a Primary Care Trust or Local Health Board.

(3)For the purposes of this section—

(a)“health care professional” means a person who is a member of a profession regulated by a body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;

(b)a Primary Care Trust or Local Health Board is responsible for a medical or dental service if it provides the service, or secures its provision, by or under any enactment.

(4)Regulations under this section may make provision in relation to lists under this section and in particular as to—

(a)the preparation, maintenance and publication of a list;

(b)eligibility for inclusion in a list;

(c)applications for inclusion (including provision as to the Primary Care Trust or Local Health Board to which an application must be made, and for the procedure for applications and the documents to be supplied on application);

(d)the grounds on which an application for inclusion may or must be granted or refused;

(e)requirements with which a person included in a list must comply (including the declaration of financial interests and gifts and other benefits);

(f)suspension or removal from a list (including provision for the grounds for, and consequences of, suspension or removal);

(g)circumstances in which a person included in a list may not withdraw from it;

(h)payments to be made in respect of a person suspended from the 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 National Assembly for Wales, or a person appointed by him or it);

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

(j)appeals against decisions made by a Primary Care Trust or Local Health Board 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 49F to 49N below.

(5)Regulations under this section may, in particular, also provide for—

(a)a person’s inclusion in a list to be subject to conditions determined by a Primary Care Trust or Local Health Board;

(b)a Trust or Board to vary the conditions or impose different ones;

(c)the consequences of failing to comply with a condition (including removal from the list);

(d)the review by a Trust or Board of decisions made by it by virtue of the regulations.

(6)The imposition of such conditions must be with a view to—

(a)preventing any prejudice to the efficiency of the services to which the list relates, or

(b)preventing fraud.

(7)Regulations making provision as to the matters referred to in subsection (4)(k) may in particular authorise the disclosure of information—

(a)by a Primary Care Trust or Local Health Board to the Secretary of State or the National Assembly for Wales; and

(b)by the Secretary of State or the National Assembly for Wales to a Primary Care Trust or Local Health Board.^F273]

[^F27428YAssistance and support

(1)A Primary Care Trust or Local Health Board may provide assistance or support to—

(a)any person providing, or proposing to provide primary medical services or primary dental services under a general medical services contract or a general dental services contract;

(b)any person providing, or proposing to provide, such services in accordance with section 28C arrangements.

(2)Assistance or support provided by a Primary Care Trust or Local Health Board under subsection (1) is to be provided on such terms, including terms as to payment, as the Trust or Board thinks fit.

(3)In this section “assistance” includes financial assistance.^F274]

Part II General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services_cross-notes

General medical services

^F27529Arrangements and regulations for general medical services._cross-notes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F275[^F27629A^F276] Medical lists.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F275[^F27729B^F277] Vacancies for medical practitioners.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F27830. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F27531 Requirement of suitable experience.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F27532 Regulations as to s. 31.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F27533 Distribution of general medical services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F27534 Regulations for Medical Practices Committee.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General dental services

^F27535 Arrangements for general dental services.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F27536Regulations as to s. 35.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F27537 Dental Estimates Board.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General ophthalmic services

38 Arrangements for general ophthalmic services._cross-notes

[^F279(1)^F279][^F280It is the duty [^F281of every Primary Care Trust and^F281] of every [^F282Health Authority^F282], in accordance with regulations, to arrange as respects their [^F283area^F283,F280]] with medical practitioners having the prescribed qualifications, [^F284and ophthalmic opticians for securing the testing^F284][^F285by them of the sight—

(a)of a child;

(b)of a person whose resources fall to be treated under the regulations as being less than his requirements or as being equal to his requirements; or

(c)of a person of such other description as may be prescribed.

(2)In this section—

• “child” means—

(a)a person who is under the age of 16 years; or

(b)a person who is under the age of 19 years and receiving qualifying full-time education; and

• “qualifying full-time education” means full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and for the purpose of this definition—

(a)“recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; and

(b)regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.

(3)Regulations under this section may direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this subsection, may direct that they shall 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 prescribedmodifications;

(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.

(4)Descriptions of persons may be prescribed for the purposes of subsection (1) above by reference to any criterion and, without prejudice to the generality of this subsection, by reference to any of the following criteria—

(a)their age;

(b)the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribedmedical condition;

(c)the fact that a prescribed person or a prescribed body accepts that a prescribedmedical condition from which they suffer arose in prescribed circumstances;

(d)their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit; and

(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.

(5)Regulations which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference is to 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.

(6)Regulations may provide that a person—

(a)whose sight is tested by a person who provides general ophthalmic services; and

(b)who is shown during the testing or within a prescribed time after it to fall within subsection (1) above,

shall be taken for the purposes of the testing to have so fallen immediately before his sight was tested; and the testing shall be treated—

(i)for the purposes of any arrangements under this section;

(ii)for the purposes of remuneration in respect of the testing; and

(iii)for any such other purpose as may be prescribed,

as a testing of sight under this Act.

(7)Regulations shall define the services for the provision of which arrangements under this section are to be made and the services so defined are in this Act referred to as “general ophthalmic services”.^F285]

39Regulations as to s. 38._cross-notes

[^F286(1)^F286]Regulations may provide as to the arrangements to be made under section 38 above, and shall include provision—

[^F287(a)for the preparation and publication by each Primary Care Trust and by each Health Authority of a list of medical practitioners and a list of ophthalmic opticians who undertake to provide general ophthalmic services for persons in the area of the Primary Care Trust or Health Authority;^F287]

(b)for conferring a right, subject [^F288to [^F289subsections (2) and (3) below, to^F289] any provision made under section 43C below and^F288] to the provisions of this [^F290Part of this^F290] Act relating to the disqualification of practitioners, on any medical practitioner having the prescribed qualifications, [^F291or ophthalmic^F291] optician who wishes to be included in the appropriate list, to be so included;

(c)^F292for conferring on any person a right to choose in accordance with the prescribed procedure the medical practitioner or ophthalmic optician by whom his sight is to be tested, or from whom any prescription for the supply of optical appliances is to be obtained . . . ;

(d)for the removal from the list of medical practitioners, [^F293or ophthalmic^F293] opticians undertaking to provide general ophthalmic services for persons in any [^F294area^F294] of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general ophthalmic services for persons in that [^F294area^F294] .

[^F295(2)The regulations may, in particular, make provision in relation to—

(a)grounds on which a [^F296Primary Care Trust or^F296] 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 [^F297Primary Care Trust or^F297] Health Authority by a person included or seeking inclusion in such a list (or by arrangement with him);

(c)the supply to a [^F298Primary Care Trust or^F298] Health Authority by an individual—

(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,

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)grounds on which a [^F299Primary Care Trust or^F299] Health Authority may defer a decision whether or not to include a person in such a list;

(e)the disclosure by a [^F300Primary Care Trust or^F300] 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 [^F300Primary Care Trust or^F300] 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 [^F301Primary Care Trust or^F301] 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 [^F302decision of the Primary Care Trust or of the Health Authority^F302] .^F295]

[^F303(4)The regulations may include provision as to the making of declarations about—

(a)financial interests;

(b)gifts above a prescribed value; and

(c)other benefits received.

(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.^F303]

40 Medical practitioners with qualifications prescribed under s. 38.

The power conferred by section 38 above (in relation to general ophthalmic services) to prescribe the qualifications to be possessed by any medical practitioner includes a power—

(a)to prescribe a requirement that the practitioner shall show to the satisfaction of a committee recognised by the Secretary of State for the purpose that he possesses such qualifications, including qualifications as to experience, as may be mentioned in the regulations; and

(b)to 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 to provide for any matter for which it appears to the Secretary of State to be requisite or expedient to provide in consequence of the conferring of that right.

Pharmaceutical services

[^F30441 Arrangements for pharmaceutical services

(1)It is the duty [^F305of every Primary Care Trust and^F305] of every Health Authority, in accordance with regulations which shall be made for the purpose, to arrange as respects their area for the provision to persons who are in that area 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 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 which are ordered for those persons by a dental practitioner in pursuance of the provision of general 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 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.

(2)The services provided under this section are, together with additional pharmaceutical services provided in accordance with a direction under section 41A, referred to in this Act as “pharmaceutical services”.

(3)The descriptions of persons which may be prescribed for the purposes of subsection (1)(d) are the following, or any sub-category of such a description—

[^F306(a)persons who are registered in the register maintained under article 5 of the Health Professions Order 2001;^F306]

(b)persons who are registered pharmacists;

(c)persons whose names are entered in a roll or record established by the General Dental Council by virtue of section 45 of the Dentists Act 1984 (c. 24) (dental auxiliaries);

(d)persons who are ophthalmic opticians;

(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 in the register of qualified nurses, midwives and health visitors maintained under section 7 of the Nurses, Midwives and Health Visitors Act 1997 (c. 24);

(h)persons 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.

(4)A determination under subsection (1)(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.

(5)The arrangements which may be made by a [^F307Primary Care Trust or^F307] Health Authority 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.

(6)Where a person with whom a [^F308Primary Care Trust or^F308] Health Authority makes arrangements under subsection (1) wishes to provide services to persons outside the area of the [^F309Primary Care Trust or^F309] Health Authority, he may, subject to any provision made by regulations in respect of arrangements under this section, provide such services under the arrangements.

(7)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 for the time being approved by the Secretary of State for the purposes of this section; and

• “the Scottish health service” and “the Northern Ireland health service” mean respectively the health service established in pursuance of the National Health Service (Scotland) Act 1947 (c. 27) or any service provided in pursuance of Article 4(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)).^F304]

[^F31041A Arrangements for providing additional pharmaceutical services.

(1)The Secretary of State may—

(a)give directions to a [^F311Primary Care Trust or^F311] Health Authority requiring them to arrange for the provision to persons [^F312within or outside their area^F312] of additional pharmaceutical services; or

(b)by giving directions to a [^F311Primary Care Trust or^F311] Health Authority authorise them to arrange for such provision if they wish to do so.

[^F313(1A)Directions under this section may require or authorise a [^F311Primary Care Trust or^F311] Health Authority 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 (whether those premises are inside or outside the area of the [^F311Primary Care Trust or^F311] Health Authority).^F313]

(2)Directions under this section may make different provision in relation to different services specified in the directions.

(3)The Secretary of State must publish any directions under this section in the Drug Tariff or in such other manner as he thinks appropriate.

(4)In this section—

• “additional pharmaceutical services”, in relation to directions, means such services (of a kind that do not fall within section 41) as may be specified in the directions; and

• “Drug Tariff” means the Drug Tariff published under regulation 18 of the ^M23National Health Service (Pharmaceutical Services) Regulations 1992 or under any corresponding provision replacing, or otherwise derived from, that regulation.^F310]

[^F31441B Terms and conditions etc.

(1)Directions under section 41A may require the [^F315Primary Care Trust or^F315] Health Authority to whom they apply, when making arrangements—

(a)to include, in the terms on which the arrangements are made, such terms as may be specified in the directions;

(b)to impose, on any person providing a service in accordance with the arrangements, such conditions as may be so specified.

(2)The arrangements must secure that any service to which they apply is provided only by a person whose name is included in a pharmaceutical list.

(3)Different arrangements may be made with respect to—

(a)the provision of the same service by the same person but in different circumstances; or

(b)the provision of the same service by different persons.

(4)A [^F316Primary Care Trust or^F316] Health Authority must provide details of proposed arrangements (including the remuneration to be offered for the provision of services) to any person who asks for them.

(5)After making any arrangements, a [^F317Primary Care Trust or^F317] Health Authority must publish, in such manner as the Secretary of State may direct, such details of the arrangements as he may direct.

(6)In this section, “pharmaceutical list” means, subject to any provision of the directions in question, a list—

(a)published by the [^F318Primary Care Trust or^F318] Health Authority concerned, or by any other [^F319Primary Care Trust or^F319] Health Authority, in accordance with regulations made under section 42(2)(a) of this Act; or

(b)published by any body in accordance with regulations made under section 27(2)(a) of the ^M24National Health Service (Scotland) Act 1978 or Article 63(2A)(a) of the ^M25Health and Personal Social Services (Northern Ireland) Order 1972.^F314]

[^F32042Regulations as to pharmaceutical services._cross-notes

(1)Regulations shall provide for securing that arrangements made by a [[^F321,F322Primary Care Trust or^F322] Health Authority^F321] under section 41 above will—

[^F323(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 (1)(e) of that section by persons with whom such arrangements have been made.^F323]

(2)The regulations shall include provision—

(a)for the preparation and publication by [^F324a [^F325Primary Care Trust or^F325] Health Authority^F324] of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in the [^F326area of the Primary Care Trust or Health Authority^F326];

(b)that an application to [^F324a [^F325Primary Care Trust or^F325] Health Authority^F324] for inclusion in such a list shall be made in the prescribed manner and shall 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 [^F327(which may, in particular, include cases of applications for the provision only of services falling within subsection (3A) below)^F327]—

(i)an application for inclusion in such a list by a person not already included; and

(ii)an application by a person already included in such a list for inclusion also in respect of services or premises other than those already listed in relation to him,

(d)for the removal of an entry in respect of premises from a 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 undertaken to provide from them.

(3)The regulations may include provision—

(a)that an application to a [[^F328,F329Primary Care Trust or^F329] Health Authority^F328] may be granted in respect of some only of the services specified in it;

(b)that an application to a [[^F328,F330Primary Care Trust or^F330] Health Authority^F328] relating to services of a prescribed description shall be granted only if it appears to the [[^F328,F331Primary Care Trust or^F331] Health Authority^F328] that the applicant has satisfied such conditions with regard to the provision of those services as may be prescribed;

[^F332(ba)that an application to a [[^F328,F333Primary Care Trust or^F333] Health Authority^F328] by a person who qualified to have his name registered under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma) shall not be granted unless the applicant satisfies the [[^F328,F334Primary Care Trust or^F334] Health Authority^F328] that he has the knowledge of English which, in the interests of himself and persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the [[^F328,F335area of the Primary Care Trust or Health Authority^F335] ;^F328,F332]]

(c)that the inclusion of a person in a list in pursuance of such an application may be for a fixed period;

(d)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 shall not be included in the list unless his inclusion is approved by [^F336reference to prescribed criteria by the [[^F328,F337Primary Care Trust or^F337] Health Authority in whose area^F328] those premises are situated; [^F338and^F338,F336]]

(e)that [^F328that [^F337Primary Care Trust or^F337] Health Authority may give their^F328] approval subject to conditions.

[^F339(f)as to other grounds on which a [^F340Primary Care Trust or^F340] 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 [^F337Primary Care Trust or^F337] Health Authority by a person included, or seeking inclusion, in such a list (or by arrangement with him);

(h)for the supply to a [^F341Primary Care Trust or^F341] 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,

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;

(i)for grounds on which a [^F337Primary Care Trust or^F337] Health Authority may defer a decision whether or not to grant an application;

(j)for the disclosure by a [^F337Primary Care Trust or^F337] 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 [^F337Primary Care Trust or^F337] 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))^F339]

[^F342(l)as to the making of declarations about—

(i)financial interests;

(ii)gifts above a prescribed value; and

(iii)other benefits received.^F342]

[^F343(3A)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.

(3B)The regulations may, in respect of services falling within subsection (3A) above, include provision—

(a)requiring persons to be approved for the purposes of providing such services, 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);

(b)requiring the [^F344Primary Care Trust or^F344] Health Authority to make the grant of an application subject to prescribed conditions.^F343]

[^F345(3C)Before making regulations by virtue of subsection (3)(l), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent persons providing pharmaceutical services.^F345]

(4)The regulations shall include provision conferring on such persons as may be prescribed rights of appeal from decisions made by virtue of this section.

[^F346(4A)If regulations made by virtue of subsection (3)(f) provide that a [^F347Primary Care Trust or^F347] Health Authority may refuse to grant an application, they must also provide for an appeal (by way of redetermination) to the FHSAA against the [^F348decision of the Primary Care Trust or of the Health Authority^F348].^F346]

(5)The regulations shall be so framed as to preclude—

(a)a person included in a list published under subsection (2)(a) above ;and (b) an employee of such a person; from taking part in the decision whether an application such as is mentioned in subsection (2)(c) above should be granted or an appeal against such a decision brought by virtue of subsection (4) above should be allowed.^F320]

43 Persons authorised to provide pharmaceutical services.

(1)No arrangements shall be made by [^F349a [^F350Primary Care Trust or^F350] Health Authority^F349] (except as may be provided by [^F351or under^F351]regulations) 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 general medical services or general dental services.

(2)^M26No arrangements for the dispensing of medicines shall be made (except as may be provided by [^F351or under^F351]regulations) with persons other than persons who are registered pharmacists, or are persons lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968 and who undertake that all medicines supplied by them under the arrangements made under this Part of this Act shall be dispensed either by or under the direct supervision of a registered pharmacist.

[[^F352,F353(2A)Regulations shall provide for the preparation and publication by each Primary Care Trust and by each Health Authority of one or more lists of medical practitioners whoundertake to provide drugs, medicines or listed appliances under arrangements with the Primary Care Trust or with the Health Authority.^F353]

(2B)In subsection (2A) “listed” has the same meaning as in section 41.

[^F354(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.^F354]

(2C)The regulations shall include provision for the removal of an entry from a list in prescribed circumstances.^F352]

[^F355(3)No arrangements for the provision of pharmaceutical services falling within [^F356section 41(1)(e)^F356][^F357, or additional pharmaceutical services provided in accordance with a direction under section 41A,^F357] above shall be made with persons other than those who are registered pharmacists or are of a prescribed description.^F355]

[^F35843ZA 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 [^F359Primary Care Trust or Health Authority in whose list he is included^F359] ,

(b)for the [^F360Primary Care Trust or^F360] Health Authority to vary that person’s terms of service for the purpose of or in connection with the imposition of any such conditions,

(c)for the [^F361Primary Care Trust or^F361] Health Authority to vary the conditions or impose different ones,

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

(e)for the review by the [^F362Primary Care Trust or^F362] 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,

(c)a list of persons undertaking to provide general ophthalmic 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 [^F363Primary Care Trust or^F363] Health Authority are investigating whether there are grounds for exercising their power to remove him, or after the [^F364Primary Care Trust or^F364] 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 [^F365Primary Care Trust or^F365] Health Authority make any decision as to his removal from the list, and

(iii)requiring him to be given notice of the [^F366decision of the Primary Care Trust or of the Health Authority^F366] 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 [^F367decision of the Primary Care Trust or of the Health Authority^F367]—

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

(b)to vary a condition,