National Health Service Act 1977

Part IIE+W+S General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services

General medical servicesE+W+S

29Arrangements and regulations for general medical services.E+W+S

[F1(1)It is the duty [F2of every Primary Care Trust and] of every [F3Health Authority], in accordance with regulations [F4which shall be made for the purpose], to arrange as respects their [F5area] with medical practitioners to provide personal medical services for all persons in the [F5area] who wish to take advantage of the arrangements.

(1A)The services so provided are referred to in this Act as “general medical services”.]

(2)Regulations may provide for the definition of the personal medical services to be provided and for securing that the arrangements will be such that all persons availing themselves of those services will receive adequate personal care and attendance, and the regulations shall include provision—

[F6(a)for the preparation and publication by each Primary Care Trust and by each Health Authority of a list of medical practitioners who undertake to provide general medical services for persons in the area of the Primary Care Trust or Health Authority;]

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)for the issue to patients or their personal representatives by medical practitioners providing those services of such certificates as may be prescribed being certificates reasonably required by them under or for the purposes of any enactment;

(e)for the removal from the list of medical practitioners undertaking to provide general medical services for persons in any [F8area] 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 medical services for persons in that [F8area].

[F9(f)for the making of arrangements for the temporary provision of general medical services [F10in the area of a [F11Primary Care Trust or] Health Authority];

(g)for the circumstances in which a name added to the list by virtue of subsection (6) below may be removed from it.]

(3)Regulations under subsection (2) above may provide for the personal medical services there mentioned to include the provision of, and services connected with, any such advice, examination and treatment as are mentioned in paragraph (b) of section 5(1) above.

[F12(4)The remuneration to be paid under the arrangements mentioned in subsection (1) above to a practitioner who provides general medical services shall not, except in special circumstances, consist wholly or mainly of a fixed salary which has no reference to the number of patients for whom he has undertaken to provide such services.]

[F13(5)Regulations shall—

(a)include provision for the making to a medical practitioner providing general medical services of payments in respect of qualifying services provided by a spouse or other relative of his; and

(b)provide that the rates and conditions of payment and the qualifying services in respect of which the payments may be made shall be such as may be determined by the Secretary of State after consultation with such bodies as he may recognise as representing such medical practitioners.]

[F14(5A)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.

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

[F15(6)The persons with whom arrangements for the temporary provision of general medical services in [F16an area] may be made by virtue of regulations under subsection (2) above include medical practitioners who are not on the list of medical practitioners providing such services in [F17the area], and the power to prepare and publish lists of medical practitioners conferred by paragraph (a) of that subsection accordingly includes power to add the names of medical practitioners with whom such arrangements are made to the list.

(7)Regulations may provide that this Act and any regulations made under it shall apply in relation—

(a)to the making of arrangements for the temporary provision of general medical services; and

(b)to the provision of general medical services in pursuance of any such arrangements,

subject to such modifications as may be specified in the regulations.

[F18(8)Where the registration of a medical practitioner in the register of medical practitioners is suspended—

(a)by a direction of a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) following a finding that his fitness to practise was impaired by reason of his physical or mental health;

(b)by an order of a Fitness to Practise Panel under section 38(1) of that Act (power to order immediate suspension etc.); or

(c)by an interim order under section 41A of that Act (interim orders),

the suspension shall not terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services during the suspension.

(9)Where the registration of a medical practitioner in the register of medical practitioners is suspended—

(a)by a direction of a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) following a finding that his fitness to practise was impaired by reason of deficient professional performance;

(b)by an order of a Fitness to Practise Panel under section 38(1) of that Act (power to order immediate suspension etc.); or

(c)under rules made by virtue of paragraph 5A(3) of Schedule 4 to that Act (procedure of committees),

the suspension shall not, except in so far as provided by a determination in accordance with regulations under subsection (2) above, terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services during the suspension.]]

[F1929A Medical lists.E+W+S

[F20(1)A Primary Care Trust or Health Authority may not, under section 29, arrange with a medical practitioner for him to provide general medical services for persons in the area of the Trust or Authority unless his name is included in the medical list of the Trust or Authority.]

(2)A medical practitioner is entitled to be included in [F21the medical list of a Primary Care Trust or Health Authority] only if—

(a)he is eligible for inclusion in the list; and

(b)he is nominated or approved, in accordance with regulations under section 29B, for appointment to fill a vacancy which relates (whether wholly or in part) to the area of the [F22Trust or] Authority.

(3)[F23Subject to any provision made under section 43C] a medical practitioner is eligible for inclusion in a medical list if—

(a)he has not attained the age specified in regulations under section 8 of the M1Health and Medicines Act 1988 (retirement age for practitioners); and

[F24(b)he is not disqualified from inclusion in [F25the medical lists of all Primary Care Trusts and Health Authorities] by virtue of a national disqualification imposed on him by the FHSAA.]

(4)Regulations may make provision in relation to delaying a person’s inclusion in a medical list in prescribed circumstances.

[F26(4A)Regulations may make provision in relation to the supply to a [F27Primary Care Trust or] Health Authority, by a medical practitioner who is included in their medical list (or, as respects paragraph (a), by arrangement with him), of—

(a)information of a prescribed description; and

(b)a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act.]

(5)This section is subject to section 29(6) (temporary provision of general medical services) and any provision of, or made under, an enactment relating to the right of a medical practitioner to transfer to a medical list.

(6)In this Act “medical list”, in relation to a [F28Primary Care Trust or] Health Authority, means the list of medical practitioners undertaking to provide general medical services for persons in their area, kept by the [F29Trust or] Authority under regulations made under section 29(2)(a).]

[F3029B Vacancies for medical practitioners.E+W+S

(1)Regulations may make provision in relation to the filling of vacancies for medical practitioners to provide general medical services.

(2)The regulations may, in particular, include provision for—

[F31(a)the determination by a [F32Primary Care Trust or] Health Authority of whether there is, or will be, a vacancy for a medical practitioner in a locality;

(b)any consultation which a [F32Primary Care Trust or] Health Authority must undertake before doing so;]

(c)the determination by [F33a [F32Primary Care Trust or] Health Authority] of conditions of practice to be imposed on any medical practitioner who fills a particular vacancy;

(d)the determination by a [F32Primary Care Trust or] Health Authority of whether a vacancy is to be filled by a member of a partnership or by a sole practitioner;

(e)the nomination by a [F32Primary Care Trust or] Health Authority of a medical practitioner for appointment to fill a vacancy as a sole practitioner;

(f)the approval by a [F32Primary Care Trust or] Health Authority of a medical practitioner for appointment to fill a vacancy as a member of a partnership.

[F34(2A)The regulations may also make provision in relation to—

(a)grounds on which a [F32Primary Care Trust or] Health Authority may, or must, refuse to nominate or approve a medical practitioner for appointment to fill a vacancy (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H(2) below);

(b)information which must be supplied to a [F32Primary Care Trust or] Health Authority by a medical practitioner seeking such nomination or approval (or by arrangement with him);

(c)the supply to a [F32Primary Care Trust or] Health Authority by such a medical practitioner of a certificate of a kind referred to in section 29A(4A)(b) above; and

(d)the disclosure by a [F32Primary Care Trust or] Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about such medical practitioners, and refusals by the [F32Primary Care Trust or] Health Authority to nominate or approve them.]

(3)The regulations may also make provision in relation to—

(a)criteria to be applied in making decisions under the regulations,

[F35(aa)grounds on which a [F36Primary Care Trust or] Health Authority may defer a decision whether or not to nominate or approve a medical practitioner for appointment to fill a vacancy;]]

(b)the variation or revocation of such decisions (including appeals to the [F37FHSAA] on points of law), F38. . .

[F39(c)vacancies relating to the area of one Primary Care Trust which also relate to the area of another Primary Care Trust, or of a Health Authority, or of a Health Board, or

(d)vacancies relating to the area of one Health Authority which also relate to the area of another Health Authority or of a Primary Care Trust,]

[F40(3A)If regulations made by virtue of subsection (2A)(a) provide that a [F41Primary Care Trust or] Health Authority may refuse to nominate or approve a medical practitioner for appointment to fill a vacancy, they must provide for an appeal (by way of redetermination) to the FHSAA against the [F42decision of the Primary Care Trust or of the Health Authority] .]

(4)Regulations which make provision about vacancies which relate partly to the area of a Health Board may, in particular, provide that section 29A(2)(b) is to have effect in prescribed circumstances as if the reference to regulations under this section were a reference to regulations under section 19B of the M2National Health Service (Scotland) Act 1978.

(5)In this section—

• “conditions of practice” means conditions—

  (a)

  specifying, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which a person is entitled to be remunerated; and

  (b)

  specifying the locality in which a person is entitled to provide general medical services;

• “Health Board” has the same meaning as in the National Health Service (Scotland) Act 1978;

• [F43“locality”, in relation to a Primary Care Trust or to a Health Authority, means the area of the Trust or of the Authority, or a particular part of their area;

• “sole practitioner” means a medical practitioner providing general medical services otherwise than in partnership with one or more other medical practitioners.

(6)This section does not affect the power to make regulations under section 29.]

F4430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

31 Requirement of suitable experience.E+W+S

[F45(1)Regulations under section 29B must secure that a medical practitioner is not nominated or approved by a [F46Primary Care Trust or] Health Authority for appointment to fill a vacancy unless he is suitably experienced.]

(2)For the purposes of this section a medical practitioner is “suitably experienced” if, but only if, he either—

(a)has acquired the prescribed medical experience, or

(b)is by virtue of regulations made under section 32 below exempt from the need to have acquired that experience, and “medical experience” includes hospital experience in any specialty.

32 Regulations as to s. 31.E+W+S

(1)Regulations may for the purposes of section 31 above provide—

(a)for prescribing the medical experience needed to satisfy paragraph (a) of section 31(2);

(b)as to the documents which an applicant may or must produce as evidence that he is suitably experienced or has acquired medical experience of any particular kind;

(c)for requiring an applicant who claims to have acquired the prescribed experience to submit particulars of his experience to a prescribed body, and for requiring that body, if satisfied that he has acquired the prescribed experience, to issue him a certificate (a “certificate of prescribed experience”) to that effect;

(d)for enabling an applicant without the prescribed experience who considers that the medical experience which he has acquired is, or ought to be regarded as, equivalent to the prescribed experience to submit particulars of that experience to a prescribed body, and for requiring or enabling that body, if satisfied that the applicant’s medical experience is so equivalent, to issue him a certificate (a “certificate of equivalent experience”) to that effect;

(e)for treating an applicant who holds a certificate of equivalent experience as satisfying paragraph (a) of section 31(2);

(f)as to the circumstances or conditions in or subject to which a medical practitioner is exempt from the need to have acquired the prescribed experience;

(g)for conferring on an applicant who is refused a certificate of prescribed experience or a certificate of equivalent experience a right of appeal to a body constituted by the Secretary of State, and 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;

(h)for anything authorised or required by section 31 to be prescribed or otherwise provided for by regulations.

In this section—

• [F47“applicant” means a medical practitioner who is seeking to be nominated or approved by a [F48Primary Care Trust or] Health Authority in accordance with regulations under section 29B for appointment to fill a vacancy;

• “the prescribed experience” means the medical experience for the time being prescribed for the purposes of paragraph (a) of section 31(2).

(2)Regulations under this section shall be framed so as to allow the prescribed experience to be acquired without undertaking whole-time employment.

(3)Any power under this section to make regulations—

(a)may be exercised so as to make different provision for different [F49areas] or different periods of time or in relation to different cases or different circumstances;

(b)includes power to make such incidental or supplemental provision in the regulations as the Secretary of State considers appropriate.]

33 Distribution of general medical services.E+W+S

F50(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F51(1A)The Secretary of State may by order specify—

(a)the maximum number of medical practitioners with whom, in any year, all the [F52Primary Care Trusts] , taken as a whole, may enter into arrangements under section 29 above for the provision of general medical services; and

(b)the maximum number of medical practitioners with whom, in any year, all the [F53Health Authorities ]F54. . . , taken as a whole, may enter into such arrangements.

(1B)An order under subsection (1A) above may contain such incidental and consequential provisions (including provisions amending this Part of this Act [F55or any regulations made under this Part of this Act]) as appear to the Secretary of State to be appropriate F56. . . .]

[F57(1C)An order under subsection (1A) may, in particular, make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions of practice which relate to remuneration and are determined under regulations made under section 29B.]

F58(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34 Regulations for Medical Practices Committee.E+W+S

F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General dental servicesE+W+S

35 Arrangements for general dental services.E+W+S

[F61(1)It is the duty [F62of every Primary Care Trust and] of every [F63Health Authority], in accordance with regulations, to make as respects their [F64area] arrangements with dental practitioners [F65or dental corporations] under which any person in the [F64area] for whom a dental practitioner [F65or dental corporation] undertakes in accordance with the arrangements to provide dental treatment and appliances shall receive such treatment and appliances.

(1A)The services so provided are referred to in this Act as general dental services.]

(2)The remuneration to be paid under such arrangements to a dental practitioner who [F66, or dental corporation which,] provides general dental services elsewhere than at a health centre shall not consist wholly or mainly of a fixed salary [F67(or, in the case of a dental corporation, a fixed rate of remuneration)] unless either—

(a)the remuneration is paid in pursuance of arrangements made under section 56 below, or

(b)the services are provided in prescribed circumstances and the practitioner [F68or corporation] consents,

and it shall be the Secretary of State’s duty, before he prescribes any circumstances for the purposes of paragraph (b), to consult such organisations as appear to him to be representative of the dental profession.

[F69(3)Where the registration of a dental practitioner in the dentists register is suspended—

(a)by an order under [F70section 32 of the M3Dentists Act 1984] (interim suspension); or

(b)by a direction or [F71an order of the Health Committee under] that Act (health cases),

the suspension shall not terminate any arrangements made with him for the provision of general dental services, but he shall not provide such services in person during the suspension.

(4)Regulations may provide for the making of payments in consequence of suspension to a dental practitioner whose registration is so suspended.]

[F72(5)In this Act, “dental corporation” means a body corporate which carries on the business of dentistry (within the meaning of section 40 of the Dentists Act 1984 (c. 24)).]

36Regulations as to s. 35.E+W+S

[F73(1)]Regulations may provide as to the arrangements to be made under section 35 above, and shall include provision—

[F74(a)for the preparation and publication by each Primary Care Trust and by each Health Authority of a list of dental practitioners and dental corporations who undertake to provide general dental services for persons in the area of the Primary Care Trust or Health Authority;]

(b)for conferring a right, subject to [F75[F76subsections [F77(2) to (7)]]below [F78to any provision made under section 43C below] and to] the provisions of this Part of this Act relating to the disqualification of practitioners [F79and to section 8 of the Health and Medicines Act 1988 and regulations under that section], on any dental practitioner [F80or dental corporation], who wishes to be included in any such list, to be so included;

F81(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)for the removal from the list of dental practitioners [F82and dental corporations] undertaking to provide general dental services for persons in any [F83area] 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 dental services for persons in that [F83area].

[F84(1A)The regulations may include provision as to—

(a)information which must be supplied to a [F85Primary Care Trust or] Health Authority by, or by arrangement with, a dental practitioner or dental corporation included or seeking inclusion in a list referred to in subsection (1)(a); and

(b)the supply to a [F85Primary Care Trust or] Health Authority—

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

(ii)by a director of a dental corporation included, or seeking inclusion, in such a list,

of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act.]

[F86(1B)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.

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

[F87(2)No dental practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his name included in the list kept by any [F88Primary Care Trust or][F89Health Authority] unless he satisfies [F89the [F88Primary Care Trust or] Health Authority] that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general dental services in the [F90area of the Primary Care Trust or Health Authority] .]

[F91(3)Regulations may make the exercise of the right conferred by virtue of paragraph (b) of subsection (1) above subject to any provision made by or under the regulations, and, in such cases as may be prescribed, may confer a right of appeal to a prescribed body in respect of a refusal to include a dental practitioner [F80or dental corporation] on such a list as is referred to in paragraph (a) of that subsection.]

[F92(4)The provision which may be made by regulations under subsection (3) includes, in particular, provision in relation to grounds on which a [F93Primary Care Trust or] Health Authority may, or must, refuse to include a dental practitioner or a dental corporation in a list referred to in subsection (1)(a) (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H below).

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

(6)If those regulations provide that a [F94Primary Care Trust or] Health Authority may refuse to include a dental practitioner or dental corporation in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the [F95decision of the Primary Care Trust or of the Health Authority] .

(7)Regulations may provide for grounds on which a [F96Primary Care Trust or] Health Authority may defer a decision whether or not to grant an application for inclusion in a list referred to in subsection (1)(a).

(8)Regulations may make provision as to the disclosure by a [F97Primary Care Trust or] Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about dental practitioners and dental corporations seeking inclusion in such a list, and refusals by the [F98Primary Care Trust or] Health Authority to include them.]

37 Dental Estimates Board.E+W+S

[F99(1)]Regulations providing as to the arrangements to be made under section 35 above shall include provision—

(a)for constituting a Board, to be called the Dental Estimates Board, of whom the chairman and a majority of the members shall be dental practitioners, for the purpose of carrying out such duties as may be prescribed with respect to . . . F100 dental treatment and appliances, and to the remuneration of dental practitioners providing general dental services;

(b)for providing in relation to that Board for any of the matters for which, in relation to [F101a [F102Strategic Health Authority]], provision is or may be made by or under Part III of Schedule 5 to this Act.

[F103(1A)Regulations may empower the Dental Practice Board—

(a)to direct a dental practitioner to submit to the Board, in relation to treatment which he has carried out or contemplates carrying out or to a description of such treatment specified in the direction, such estimates and information and such radiographs, models or other items as may be prescribed; and

(b)to direct a dental practitioner not to carry out treatment, or a description of treatment specified in the direction, without first obtaining approval of an estimate from the Board.

(1B)If regulations include any such provision as is mentioned in subsection (1A)(b) above, regulations shall confer on a dental practitioner in whose case a direction such as is mentioned in that pargraph has been given a right of appeal against the direction to a prescribed person or body, but before making regulations conferring such a right the Secretary of State shall consult such organisations as appear to him to be representative of persons providing general dental services.

(1C)Regulations may be made authorising or requiring the Dental Practice Board to carry on any such additional activity relating to the provision of general dental services as may be prescribed and, without prejudice to the generality of this subsection, to conduct or commission surveys or other research relating to the provision of such services.]

[F104(2)In subsections (1A) and (1B), references to a dental practitioner include references to a dental corporation.]

General ophthalmic servicesE+W+S

38 Arrangements for general ophthalmic services.E+W+S

[F105(1)][F106It is the duty [F107of every Primary Care Trust and] of every [F108Health Authority], in accordance with regulations, to arrange as respects their [F109area]] with medical practitioners having the prescribed qualifications, [F110and ophthalmic opticians for securing the testing][F111by 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 prescribed modifications;

(c)by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament; or

(d)by reference to the person’s being or having been entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.

(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 prescribed medical condition;

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

(d)their receipt of benefit in money or 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”.]

39Regulations as to s. 38.E+W+S

[F112(1)] Regulations may provide as to the arrangements to be made under section 38 above, and shall include provision—

[F113(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;]

(b)for conferring a right, subject [F114to [F115subsections (2) and (3) below, to] any provision made under section 43C below and] to the provisions of this [F116Part of this] Act relating to the disqualification of practitioners, on any medical practitioner having the prescribed qualifications, [F117or ophthalmic] optician who wishes to be included in the appropriate list, to be so included;

(c)for 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 . . . F118;

(d)for the removal from the list of medical practitioners, [F119or ophthalmic] opticians undertaking to provide general ophthalmic services for persons in any [F120area] 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 [F120area].

[F121(2)The regulations may, in particular, make provision in relation to—

(a)grounds on which a [F122Primary Care Trust or] 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 [F123Primary Care Trust or] Health Authority by a person included or seeking inclusion in such a list (or by arrangement with him);

(c)the supply to a [F124Primary Care Trust or] 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 [F125Primary Care Trust or] Health Authority may defer a decision whether or not to include a person in such a list;

(e)the disclosure by a [F126Primary Care Trust or] 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 [F126Primary Care Trust or] 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 [F127Primary Care Trust or] 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 [F128decision of the Primary Care Trust or of the Health Authority] .]

[F129(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.]

40 Medical practitioners with qualifications prescribed under s. 38.E+W+S

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 servicesE+W+S

[F13041 Arrangements for pharmaceutical servicesE+W+S

(1)It is the duty [F131of every Primary Care Trust and] 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—

(a)persons who are registered by any board established under the Professions Supplementary to Medicine Act 1960 (c. 66);

(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 [F132Primary Care Trust or] 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 [F133Primary Care Trust or] Health Authority makes arrangements under subsection (1) wishes to provide services to persons outside the area of the [F134Primary Care Trust or] 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)).]

[F13541A Arrangements for providing additional pharmaceutical services.E+W+S

(1)The Secretary of State may—

(a)give directions to a [F136Primary Care Trust or] Health Authority requiring them to arrange for the provision to persons [F137within or outside their area] of additional pharmaceutical services; or

(b)by giving directions to a [F136Primary Care Trust or] Health Authority authorise them to arrange for such provision if they wish to do so.

[F138(1A)Directions under this section may require or authorise a [F136Primary Care Trust or] 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 [F136Primary Care Trust or] Health Authority).]

(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 M4National Health Service (Pharmaceutical Services) Regulations 1992 or under any corresponding provision replacing, or otherwise derived from, that regulation.]

[F13941B Terms and conditions etc.E+W+S

(1)Directions under section 41A may require the [F140Primary Care Trust or] 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 [F141Primary Care Trust or] 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 [F142Primary Care Trust or] 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 [F143Primary Care Trust or] Health Authority concerned, or by any other [F144Primary Care Trust or] 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 M5National Health Service (Scotland) Act 1978 or Article 63(2A)(a) of the M6Health and Personal Social Services (Northern Ireland) Order 1972.]

[F14542Regulations as to pharmaceutical services.E+W+S

(1)Regulations shall provide for securing that arrangements made by a [F146[F147Primary Care Trust or] Health Authority] under section 41 above will—

[F148(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.]

(2)The regulations shall include provision—

(a)for the preparation and publication by [F149a [F150Primary Care Trust or] Health Authority] of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in the [F151area of the Primary Care Trust or Health Authority];

(b)that an application to [F149a [F150Primary Care Trust or] Health Authority] 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 [F152(which may, in particular, include cases of applications for the provision only of services falling within subsection (3A) below)]—

(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 [F153[F154Primary Care Trust or] Health Authority] may be granted in respect of some only of the services specified in it;

(b)that an application to a [F153[F155Primary Care Trust or] Health Authority] relating to services of a prescribed description shall be granted only if it appears to the [F153[F156Primary Care Trust or] Health Authority] that the applicant has satisfied such conditions with regard to the provision of those services as may be prescribed;

[F157(ba)that an application to a [F153[F158Primary Care Trust or] Health Authority] 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 [F153[F159Primary Care Trust or] Health Authority] 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 [F153[F160area of the Primary Care Trust or Health Authority] ;]]

(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 [F161reference to prescribed criteria by the [F153[F162Primary Care Trust or] Health Authority in whose area] those premises are situated; [F163and]]

(e)that [F153that [F162Primary Care Trust or] Health Authority may give their] approval subject to conditions.

[F164(f)as to other grounds on which a [F165Primary Care Trust or] 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 [F162Primary Care Trust or] Health Authority by a person included, or seeking inclusion, in such a list (or by arrangement with him);

(h)for the supply to a [F166Primary Care Trust or] 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 [F162Primary Care Trust or] Health Authority may defer a decision whether or not to grant an application;

(j)for the disclosure by a [F162Primary Care Trust or] 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 [F162Primary Care Trust or] 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))]

[F167(l)as to the making of declarations about—

(i)financial interests;

(ii)gifts above a prescribed value; and

(iii)other benefits received.]

[F168(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 [F169Primary Care Trust or] Health Authority to make the grant of an application subject to prescribed conditions.]

[F170(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.]

(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.

[F171(4A)If regulations made by virtue of subsection (3)(f) provide that a Health Authority may refuse to grant an application, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority's decision .]

(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.]

43 Persons authorised to provide pharmaceutical services.E+W+S

(1)No arrangements shall be made by [F172a [F173Primary Care Trust or] Health Authority] (except as may be provided by [F174or under] 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)No arrangements for the dispensing of medicines shall be made (except as may be provided by [F174or under] 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 M7Medicines 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.

[F175[F176(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.]

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

[F177(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.]

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

[F178(3)No arrangements for the provision of pharmaceutical services falling within [F179section 41(1)(e)][F180, or additional pharmaceutical services provided in accordance with a direction under section 41A,] above shall be made with persons other than those who are registered pharmacists or are of a prescribed description.]

[F18143ZA Conditional inclusion in medical, dental, ophthalmic and pharmaceutical listsE+W+S

(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 [F182Primary Care Trust or Health Authority in whose list he is included] ,

(b)for the [F183Primary Care Trust or] 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 [F184Primary Care Trust or] 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 [F185Primary Care Trust or] 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 [F186Primary Care Trust or] Health Authority are investigating whether there are grounds for exercising their power to remove him, or after the [F187Primary Care Trust or] 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 [F188Primary Care Trust or] Health Authority make any decision as to his removal from the list, and

(iii)requiring him to be given notice of the [F189decision of the Primary Care Trust or of the Health Authority] 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 [F190decision of the Primary Care Trust or of the Health Authority]—

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

(b)to vary a condition,

(c)to vary his terms of service,

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

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

and the appeal shall be by way of redetermination of the [F191decision of the Primary Care Trust or of the Health Authority] .

(6)The regulations may provide for any such decision not to have effect until the determination by the FHSAA of any appeal against it, and must so provide in relation to a decision referred to in subsection (5)(e).

(7)Regulations under this section may provide for the disclosure by a [F192Primary Care Trust or] Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about persons whose inclusion in the lists referred to in subsection (3) is subject to conditions imposed under this section, and about the removal of such persons from such lists for breach of condition.]

[F193 Indemnity coverE+W+S

[F19443C Indemnity cover.E+W+S

(1)Regulations may make provision for the purpose of securing that, in prescribed circumstances, prescribed Part II practitioners hold approved indemnity cover.

(2)The regulations may, in particular, make provision as to the consequences of a failure to hold approved indemnity cover, including provision—

(a)for securing that a person is not to be added to any list unless he holds approved indemnity cover;

(b)for the removal from a list prepared by a [F195Primary Care Trust or] Health Authority of a Part II practitioner who does not within a prescribed period after the making of a request by the Health Authority in the prescribed manner satisfy the [F196Primary Care Trust or] Health Authority that he holds approved indemnity cover.

(3)For the purposes of this section—

• “approved body” means a person or persons approved in relation to indemnity cover of any description, after such consultation as may be prescribed, by the Secretary of State or by such other person as may be prescribed;

• “approved indemnity cover” means indemnity cover made—

  (a)

  on prescribed terms; and

  (b)

  with an approved body;

• “indemnity cover”, in relation to a Part II practitioner (or person who proposes to provide Part II services), means a contract of insurance or other arrangement made for the purpose of indemnifying him and any person prescribed in relation to him to any prescribed extent against any liability which—

  (a)

  arises out of the provision of Part II services in accordance with arrangements made by him with a [F197Primary Care Trust or] Health Authority under this Part of this Act; and

  (b)

  is incurred by him or any such person in respect of the death or personal injury of a person;

• [F198“list” means a list of any kind mentioned in paragraphs (a) to (e) of section 49F below;]

• “Part II practitioner” means a person whose name is on a list;

• “Part II services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services;

• “personal injury” means any disease or impairment of a person’s physical or mental condition and includes the prolongation of any disease or such impairment;

and a person holds approved indemnity cover if he has entered into a contract or arrangement which constitutes approved indemnity cover.

(4)The regulations may provide that a person of any description who has entered into a contract or arrangement which is—

(a)in a form identified in accordance with the regulations in relation to persons of that description; and

(b)made with a person or persons so identified,

is to be treated as holding approved indemnity cover for the purposes of the regulations.]

[F19943D Supplementary listsE+W+S

(1)The Secretary of State may make regulations providing for the preparation and publication by [F200each Primary Care Trust and] each Health Authority of one or more lists of persons approved by the [F201Primary Care Trust or] Health Authority for the purpose of assisting in the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services.

(2)Such a list is referred to in this section as a “supplementary list”.

(3)The regulations may, in particular, include provision as to—

(a)the [F202Primary Care Trust or] Health Authority to which an application for inclusion in a supplementary list is to be made,

(b)the procedure for applying for inclusion, including any information to be supplied to the [F202Primary Care Trust or] Health Authority (whether by the applicant or by arrangement with him),

(c)grounds on which the [F202Primary Care Trust or] Health Authority may, or must, refuse a person’s application for inclusion in a supplementary list (including his unsuitability for inclusion in such a list), or on which they may defer their decision on the application,

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

(e)grounds on which a [F202Primary Care Trust or] Health Authority may, or must, suspend or remove a person from a supplementary list, the procedure for doing so, and the consequences of doing so,

(f)payments to or in respect of persons who are suspended from a supplementary list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),

(g)the supply to the [F202Primary Care Trust or] Health Authority by an applicant for inclusion in a supplementary list, or by a person included in one, 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,

(h)circumstances in which a person included in a supplementary list may not withdraw from it,

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

(j)appeals against decisions of [F203Primary Care Trusts and] Health Authorities under the regulations,

(k)the disclosure by a [F202Primary Care Trust or] Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a supplementary list, refusals of such applications, and suspensions and removals from that list.

(4)The regulations may, in particular, also provide for—

(a)a person’s inclusion in a supplementary list to be subject to conditions determined by the [F204Primary Care Trust or] Health Authority,

(b)the [F205Primary Care Trust or] Health Authority to vary the conditions or impose different ones,

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

(d)the review by the [F206Primary Care Trust or] Health Authority of their decisions made by virtue of regulations under this subsection.

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

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

(b)preventing any acts or omissions of the type described in section 49F(3)(a) below.

(6)Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 49F to 49N below.

(7)If the regulations provide under subsection (3)(e) or (4) that a [F207Primary Care Trust or] Health Authority may suspend or remove a person from a supplementary list, they must include provision—

(a)requiring him to be given notice of any allegation against him;

(b)giving him the opportunity of putting his case at a hearing before the [F207Primary Care Trust or] Health Authority make any decision as to his suspension or removal; and

(c)requiring him to be given notice of the [F208decision of the Primary Care Trust or of the Health Authority] and the reasons for it and of any right of appeal under subsection (8) or (9).

(8)If the regulations provide under subsection (3)(c) or (e) that a [F209Primary Care Trust or] Health Authority may refuse a person’s application for inclusion in a supplementary list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against the [F210decision of the Primary Care Trust or of the Health Authority] .

(9)If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the [F211decision of the Primary Care Trust or of the Health Authority]—

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

(b)to vary a condition,

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

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

(10)Regulations may require a person (“A”) included in—

(a)a medical list,

(b)a list referred to in section 36(1)(a),

(c)a list referred to in section 39(1)(a),

(d)a list referred to in section 42(2)(a), or

(e)a list referred to in section 43(2A),

not to employ or engage a person (“B”) to assist him in the provision of the relevant service unless B is included in a list referred to in paragraphs (a) to (e), a supplementary list, a services list referred to in section 28DA above or section 8ZA of the National Health Service (Primary Care) Act 1997 (c. 46) or a list corresponding to a services list prepared by a [F212Primary Care Trust or] Health Authority by virtue of regulations made under section 41 of the Health and Social Care Act 2001 (or, in any of those cases, such a list of a prescribed description).