Health and Social Care (Community Health and Standards) Act 2003

National Health Service Act 1977 (c. 49)E+W

7E+WThe 1977 Act has effect subject to the following amendments.

8E+WIn section 3, at the end insert—

“(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.”

14E+WIn section 28C(1)(a) and (b), (2)(a) and (b) and (4), for “personal”, in all places, substitute “ primary ”.

15(1)Section 28D is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a), at the end insert “ or NHS foundation trust ”;

(b)in paragraph (d), for “or a section 17C employee” substitute “ , a section 17C employee or an Article 15B employee ”;

(c)in paragraph (f), at the end insert “ or Local Health Board ”.

(3)In subsection (2), after the definition of “the 1978 Act” insert—

““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;”.

(4)In subsection (2), in the definition of “qualifying body”—

(a)in paragraph (a), for “(c)” substitute “ (ba), (bb), (bc) ”;

(b)in paragraph (b), for “personal” substitute “ primary ”.

16E+WIn section 28EE(2), for “personal” substitute “ primary ”.

17E+WIn section 28I(a), for the words from “personal medical services” to “arrangements” substitute “ primary medical services or primary dental services under this Part ”.

23E+WAfter section 45 insert—

“45ALocal Medical Committees

(1)A Primary Care Trust may recognise a committee formed for its area, or for its area and that of one or more other Primary Care Trusts, which it is satisfied is representative of—

(a)the persons to whom subsection (3) applies; and

(b)the persons to whom subsection (4) applies.

(2)A Local Health Board may recognise a committee formed for its area, or for its area and that of one or more other Local Health Boards, which it is satisfied is representative of—

(a)the persons to whom subsection (3) applies; and

(b)the persons to whom subsection (4) applies.

(3)This subsection applies to—

(a)every medical practitioner who, under a general medical services contract entered into by him, is providing primary medical services in the area for which the committee is formed; and

(b)every medical practitioner who is providing general ophthalmic services in that area.

(4)This subsection applies to every other medical practitioner—

(a)who is performing primary medical services in the area for which the committee is formed—

(i)pursuant to section 16CC(2)(a) above;

(ii)in accordance with section 28C arrangements; or

(iii)under a general medical services contract; and

(b)who has notified the Primary Care Trust or Local Health Board that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented).

(5)A committee recognised under this section shall be called the Local Medical Committee for the area for which it is formed.

(6)Any such committee may delegate any of its functions, with or without restrictions or conditions, to sub-committees composed of members of that committee.

(7)Regulations may require a Primary Care Trust or Local Health Board, in the exercise of its functions relating to primary medical services, to consult any committee recognised by it under this section on such occasions and to such extent as may be prescribed.

(8)Regulations may require a Strategic Health Authority, in the exercise of any of its functions which relate to section 28C arrangements for the provision of primary medical services, to consult, on such occasions and to such extent as may be prescribed, any committee—

(a)which is recognised by a Primary Care Trust under this section for the area where the services are (or are to be) provided under those arrangements; and

(b)which is representative of persons providing or performing those services under those arrangements.

(9)A committee recognised under this section shall have such other functions as may be prescribed.

(10)A committee recognised under this section shall in respect of each year determine—

(a)the amount of its administrative expenses for that year attributable to persons of whom its is representative under subsection (1)(a) or (2)(a); and

(b)the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(b) or (2)(b).

(11)A Primary Care Trust or Local Health Board may—

(a)on the request of a committee recognised by it, allot to that committee such sums for defraying the expenses referred to in subsection (10)(a) as it may determine; and

(b)deduct the amount of such sums from the remuneration of persons of whom it is representative under subsection (1)(a) or (2)(a) under the general medical services contracts, or arrangements under section 38 above, entered into by them with the Trust or Board.

(12)A committee recognised under this section shall apportion the amount determined by it under subsection (10)(b) among the persons of whom it is representative under subsection (1)(b) or (2)(b); and each such person shall pay in accordance with the committee’s directions the amount so apportioned to him.

(13)References in this section to the administrative expenses of a committee include the travelling and subsistence allowances payable to its members.

45BLocal Dental Committees

(1)A Primary Care Trust may recognise a committee formed for its area, or for its area and that of one or more other Primary Care Trusts, which it is satisfied is representative of—

(a)the persons to whom subsection (3) applies; and

(b)the persons to whom subsection (4) applies.

(2)A Local Health Board may recognise a committee formed for its area, or for its area and that of one or more other Local Health Boards, which it is satisfied is representative of—

(a)the persons to whom subsection (3) applies; and

(b)the persons to whom subsection (4) applies.

(3)This subsection applies to every dental practitioner who, under a general dental services contract entered into by him, is providing primary dental services in the area for which the committee is formed.

(4)This subsection applies to every other dental practitioner—

(a)who is performing primary dental services in the area for which the committee is formed—

(i)under section 16CA(2) above;

(ii)in accordance with section 28C arrangements; or

(iii)under a general dental services contract; and

(b)who has notified the Primary Care Trust that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented).

(5)A committee recognised under this section shall be called the Local Dental Committee for the area for which it is formed.

(6)Any such committee may delegate any of its functions, with or without restrictions or conditions, to sub-committees composed of members of that committee.

(7)Regulations may require a Primary Care Trust or Local Health Board, in the exercise of its functions relating to primary dental services, to consult any committee recognised by it under this section on such occasions and to such extent as may be prescribed.

(8)Regulations may require a Strategic Health Authority, in the exercise of any of its functions which relate to section 28C arrangements for the provision of primary dental services, to consult, on such occasions and to such extent as may be prescribed, any committee—

(a)which is recognised by a Primary Care Trust under this section for the area where the services are (or are to be) provided under those arrangements; and

(b)which is representative of persons providing or performing those services under those arrangements.

(9)A committee recognised under this section shall have such other functions as may be prescribed.

(10)A committee recognised under this section shall in respect of each year determine—

(a)the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(a) or (2)(a); and

(b)the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(b) or (2)(b).

(11)A Primary Care Trust or Local Health Board may—

(a)on the request of a committee recognised by it, allot to that committee such sums for defraying the expenses referred to in subsection (10)(a) as it may determine; and

(b)deduct the amount of such sums from the remuneration of persons of whom it is representative under subsection (1)(a) or (2)(a) under the general dental services contracts entered into by them with the Trust or Board.

(12)A committee recognised under this section shall apportion the amount determined by it under subsection (10)(b) among the persons of whom it is representative under subsection (1)(b) or (2)(b); and each such person shall pay in accordance with the committee’s directions the amount so apportioned to him.

(13)References in this section to the administrative expenses of a committee include the travelling and subsistence allowances payable to its members.”

26(1)Section 54 (as substituted by the National Health Service (Primary Care) Act 1997) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a), after “1973 or” insert “ (prior to its repeal) section 29 of ”;

(b)in paragraph (b), at the end insert “ (prior to the coming into force of section 16CC above) ”;

(c)after that paragraph insert “or

(c)provided or performed primary medical services in accordance with section 28C arrangements, arrangements under section 16CC(2)(b) above or under a general medical services contract—

(i)in prescribed circumstances, or

(ii)if regulations so provide, in all circumstances,”.

(3)In subsection (2), in the definition of “relevant area”—

(a)after “Primary Care Trust”, in both places, insert “ , Local Health Board ”;

(b)after “by arrangement” insert “ or contract ”;

(c)for paragraphs (a) and (b) substitute “ provided or performed services as specified in subsection (1) above ”.

38E+WIn section 126(4), after “19A(7) above” insert “ , or by section 28E(3A), 28N, 28T or 28U above, ”.

39E+WIn section 128(1), at the appropriate places in alphabetical order insert—

““general dental services contract” has the meaning given by section 28K above;”;

““general medical services contract” has the meaning given by section 28Q above;”;

““primary dental services” means services which are primary dental services for the purposes of Part 1 (see section 16CA);”;

““primary medical services” means services which are primary medical services for the purposes of Part 1 (see section 16CC).”