National Health Service (Wales) Act 2006

Section 93

SCHEDULE 6E+WPilot schemes

How pilot schemes may be initiatedE+W

1(1)A pilot scheme may be made—E+W

(a)on the initiative of a Local Health Board, or

(b)in response to a request made by a person wishing to participate in the scheme.

(2)The request referred to in sub-paragraph (1)(b) must—

(a)be made in writing, and

(b)comply with such requirements (if any) as may be prescribed.

Preliminary steps to be takenE+W

2(1)Before making a pilot scheme, the Local Health Board concerned must prepare proposals for the scheme and submit them to the Welsh Ministers.E+W

(2)But proposals may be submitted by a Local Health Board only with the agreement of the other proposed participants.

(3)In preparing proposals for a pilot scheme, a Local Health Board must comply with any directions given to it by the Welsh Ministers as to—

(a)the matters to be dealt with, and information to be included, in the proposals, and

(b)the procedure to be followed by the Local Health Board.

(4)Before submitting proposals for a pilot scheme, a Local Health Board must (in addition to complying with any requirements about consultation imposed by or under any other enactment) comply with any directions given to it by the Welsh Ministers about the extent to which, and manner in which, it must consult on the proposals.

(5)The Welsh Ministers may give directions—

(a)requiring a Local Health Board to submit proposals to them,

(b)as to the matters to which a Local Health Board must have regard in making any recommendation to the Welsh Ministers when submitting proposals for a pilot scheme,

(c)as to the form in which any such recommendation must be made,

(d)requiring Local Health Boards to provide the Welsh Ministers with summaries (prepared and presented in the manner specified in the directions) of all requests received by the Local Health Boards during the period specified in the directions.

(6)A direction under this paragraph may be given so as to apply—

(a)generally in circumstances specified in the direction, or

(b)in relation to a particular case.

ApprovalE+W

3(1)If proposals for a pilot scheme are submitted under paragraph 2, the Welsh Ministers must—E+W

(a)approve them as submitted,

(b)make such modifications as they consider appropriate and approve them as modified, or

(c)reject them.

(2)The Welsh Ministers may not approve proposals for a pilot scheme unless satisfied that they include satisfactory provision for any participant other than the Local Health Board to withdraw from the scheme if he wishes to do so.

(3)When the Welsh Ministers make a decision under this paragraph—

(a)they must notify the Local Health Board concerned of the decision, and

(b)the Local Health Board must, without delay, notify the other participants in the proposed scheme.

Preliminary approvalE+W

4(1)This paragraph applies if a Local Health Board proposes to make a pilot scheme but has not determined who the participants, or who all of the participants, will be.E+W

(2)The Local Health Board may apply to the Welsh Ministers for preliminary approval to be given to its proposals.

(3)If such an application is made, the Welsh Ministers must—

(a)give preliminary approval to the proposals as submitted,

(b)make such modifications as they consider appropriate and give preliminary approval to them as modified, or

(c)reject them.

(4)If a Local Health Board is given preliminary approval, it must take such steps, with a view to obtaining final approval for the proposed pilot scheme, as the Welsh Ministers may direct.

(5)The fact that the Welsh Ministers have given preliminary approval to proposals for a pilot scheme does not affect their right to refuse to approve the completed proposals when they are submitted under paragraph 2.

(6)Sub-paragraphs (3) to (6) of paragraph 2 apply in relation to an application for preliminary approval of proposals under this paragraph as they apply in relation to proposals under that paragraph.

Effect of proposals on existing servicesE+W

5(1)Proposals for a pilot scheme submitted under paragraph 2, or included in an application for preliminary approval of proposals under paragraph 4, must include—E+W

(a)an assessment by the Local Health Board of the likely effect of the implementation of the proposals in the area of the Local Health Board on the services mentioned in sub-paragraph (2),

(b)any assessment supplied to the Local Health Board by another Local Health Board under sub-paragraph (4).

(2)The services are—

(a)pharmaceutical services,

(b)local pharmaceutical services provided under existing pilot schemes or LPS schemes,

(c)primary medical services.

(3)If it appears to a Local Health Board that the proposals would, if implemented, affect any of the services mentioned in sub-paragraph (2) provided in the area of another Local Health Board, it must consult that other Local Health Board about the proposals before submitting them under paragraph 2 or including them in an application for preliminary approval under paragraph 4.

(4)A Local Health Board consulted under sub-paragraph (3) must prepare an assessment of the likely effect of the implementation of the proposals on those services and supply it to the Local Health Board which consulted it.

GuidanceE+W

6E+WThe Welsh Ministers may issue guidance about the criteria by reference to which, as a general rule, powers under paragraph 3 or 4 are likely to be exercised.

Making a schemeE+W

7(1)If the Welsh Ministers approve proposals for a pilot scheme under paragraph 3 and notify the Local Health Board concerned in accordance with that paragraph, the Local Health Board must implement the proposals in accordance with directions given by the Welsh Ministers.E+W

(2)A proposed participant in a pilot scheme (other than the Local Health Board concerned) may withdraw at any time before the proposals relating to him are implemented.

(3)A pilot scheme, as implemented, may differ from the proposals for the scheme approved by the Welsh Ministers only if they agree to the variation or—

(a)directions given by them (either under sub-paragraph (1) or generally) authorise variations that satisfy specified requirements, and

(b)the variation satisfies those requirements.

(4)As soon as is reasonably practicable after implementing proposals for a pilot scheme, the Local Health Board concerned must (in accordance with any directions given to it by the Welsh Ministers) publish details of the scheme.