Health and Social Care Act 2001

Preparation and making of pilot schemes

28Pilot schemes

(1)Health Authorities may establish pilot schemes.

(2)In this Chapter “pilot scheme” means one or more agreements—

(a)made by a Health Authority (“A”) in accordance with this Chapter;

(b)under which local pharmaceutical services are to be provided (otherwise than by A); and

(c)the parties to which do not include any other Health Authority.

(3)A pilot scheme may include arrangements—

(a)for the provision of services which are not local pharmaceutical services, but which may be provided under Part 1 of the 1977 Act (whether or not of the kind usually provided by pharmacies);

(b)for the provision of training and education (including training and education for persons who are, or may become, involved in the provision of local pharmaceutical services).

(4)A pilot scheme may not combine arrangements for the provision of local pharmaceutical services with arrangements for the provision of personal medical services or personal dental services under any provision of, or made under, the 1977 Act or the National Health Service (Primary Care) Act 1997.

(5)In this Chapter “piloted services” means services provided under a pilot scheme (including any services to which the scheme applies as a result of subsection (3)).

(6)In determining the arrangements they need to make in order to comply with section 41 of the 1977 Act (arrangements to be made by Health Authorities for the provision of pharmaceutical services), a Health Authority may take into account arrangements under a pilot scheme made by them.

(7)The functions of an NHS trust or a Primary Care Trust include power to provide any services to which a pilot scheme applies.

(8)In this Chapter—

• “pharmaceutical services” means services of a kind which may be provided under section 41 of the 1977 Act, or by virtue of section 41A of that Act; and

• “local pharmaceutical services” means such pharmaceutical services (other than practitioner dispensing services) as may be prescribed by regulations.

(9)“Practitioner dispensing services” means the provision of drugs, medicines or listed appliances (within the meaning of section 41 of the 1977 Act) by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 43(1) of the 1977 Act.

29Making pilot schemes

Schedule 2 makes provision with respect to making pilot schemes, including provision with respect to the procedure to be followed.

30Designation of priority neighbourhoods or premises

(1)The relevant authority may make regulations allowing a Health Authority to—

(a)designate neighbourhoods,

(b)designate premises, or

(c)designate descriptions of premises,

for the purposes of this section.

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

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

(b)allowing a Health Authority to defer consideration of Part 2 applications relating to neighbourhoods, premises or descriptions of premises that have been designated;

(c)allowing a designation to be cancelled in prescribed circumstances;

(d)requiring a designation to be cancelled—

(i)if a relevant authority gives a direction to that effect; or

(ii)in prescribed circumstances.

(3)“Part 2 applications” means applications for inclusion in a list maintained under section 42 of the 1977 Act.

(4)“Prescribed” means prescribed by the regulations.