National Health Service Act 2006

Section 144

SCHEDULE 12E+WLPS schemes

Provision of local pharmaceutical servicesE+W

1(1)Primary Care Trusts may establish LPS schemes.E+W

(2)In this Act, an “LPS scheme” means one or more agreements—

(a)made by a Primary Care Trust in accordance with this Schedule,

(b)under which local pharmaceutical services will be provided (otherwise than by the Primary Care Trust), and

(c)the parties to which do not include any other Primary Care Trust.

(3)An LPS scheme may include arrangements—

(a)for the provision of services which are not local pharmaceutical services, but which may be provided under this Act, other than under Chapter 1 of this Part, and 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)An LPS scheme may not combine arrangements for the provision of local pharmaceutical services with arrangements for the provision of primary medical services or primary dental services.

(5)In determining the arrangements it needs to make in order to comply with section 126, a Primary Care Trust may take into account arrangements under an LPS scheme made by it.

(6)The functions of an NHS trust and an NHS foundation trust include power to provide any services to which an LPS scheme applies.

(7)In this Schedule—

• “local pharmaceutical services” means such services of a kind which may be provided under section 126, or by virtue of section 127, (other than practitioner dispensing services) as may be prescribed for the purposes of this Schedule, and

• “LP services” means services provided under an LPS scheme (including any services to which the scheme applies as a result of sub-paragraph (3)).

(8)“Practitioner dispensing services” means the provision of drugs, medicines or listed appliances (within the meaning given by section 126) by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 132(1).

Designation of priority neighbourhoods or premisesE+W

2(1)The Secretary of State may make regulations allowing a Primary Care Trust to designate—E+W

(a)[F1neighbourhoods][F1relevant areas],

(b)premises, or

(c)descriptions of premises,

for the purposes of this paragraph.

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

(a)as to the circumstances in which, and the [F2neighbourhoods][F2relevant areas] or premises in relation to which, designations may be made or maintained,

(b)allowing a Primary Care Trust to defer consideration of pharmaceutical list applications relating to [F2neighbourhoods][F2relevant areas], 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 the Secretary of State gives a direction to that effect, or

(ii)in prescribed circumstances.

(3)“Pharmaceutical list applications” means applications for inclusion in a pharmaceutical list.

[F3(4)“Relevant area” has the same meaning as in section 129(2A).]

RegulationsE+W

3(1)The Secretary of State may make regulations with respect to LP services.E+W

(2)The regulations must include provision for participants other than Primary Care Trusts to withdraw from an LPS scheme if they wish to do so.

(3)The regulations may, in particular—

(a)provide that an LPS scheme may be made only—

(i)in prescribed circumstances,

(ii)in relation to an area, a community or a category of persons determined in accordance with the regulations, or

(iii)in relation to premises determined in accordance with the regulations,

(b)provide that only prescribed services, or prescribed categories of service, may be provided in accordance with an LPS scheme,

(c)make provision as to the services, or categories of service, for which an LPS scheme must provide,

(d)impose conditions (including conditions as to qualifications and experience) to be satisfied by persons providing LP services,

(e)require details of each LPS scheme to be published,

(f)make provision with respect to the variation and termination of an LPS scheme,

(g)prevent (except in such circumstances and to such extent as may be prescribed) the provision of both LP services and pharmaceutical services from the same premises,

(h)make provision with respect to the inclusion, removal, re-inclusion or modification of an entry in respect of premises in a pharmaceutical list,

(i)provide for parties to an LPS scheme to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 9,

(j)provide for directions, as to payments, made under section 9(11) (as it has effect as a result of regulations made by virtue of paragraph (i)) to be enforceable in a county court (if the court so orders) as if they were judgments or orders of that court,

(k)authorise Primary Care Trusts to make payments of financial assistance for prescribed categories of preparatory work undertaken—

(i)in connection with preparing proposals for an LPS scheme, or

(ii)in preparation for the provision of services under a proposed LPS scheme.