- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Health and Social Care Act 2001. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(2)In this Chapter “pilot scheme” means one or more agreements—
(b)under which local pharmaceutical services are to be provided (otherwise than by A); and
(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 [F3Primary Care Trusts and]F3 Health Authorities for the provision of pharmaceutical services), a [F4Primary Care Trust or]F4 Health Authority may take into account arrangements under a pilot scheme made by them.
(7)The functions of an NHS trust F5... 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.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Schedule 2 makes provision with respect to making pilot schemes, including provision with respect to the procedure to be followed.
(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;
(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.
(1)At least one review of the operation of each pilot scheme must be conducted by the relevant authority.
(2)Each pilot scheme must be reviewed under this section before the end of the period of three years beginning with the date on which piloted services are first provided under the scheme.
(3)When conducting a review of a pilot scheme, the relevant authority must give—
(b)any person providing services under the scheme,
an opportunity to comment on any matter relevant to the review.
(4)Otherwise, the procedure on any review is to be determined by the relevant authority.
(1)The relevant authority may give directions authorising [F8Primary Care Trusts or]F8 Health Authorities to vary pilot schemes (otherwise than in response to directions given under subsection (2)) in such circumstances, and subject to such conditions, as may be specified in the directions.
(3)If satisfied that a pilot scheme is (for any reason) unsatisfactory, the relevant authority may give directions to the [F9Primary Care Trust or]F9 Health Authority concerned requiring them to bring the scheme to an end in accordance with the terms of the directions.
(1)In the case of a pilot scheme entered into, or to be entered into, by a single individual or body corporate, that individual or body may make an application under this section to become a health service body.
(2)In the case of any other pilot scheme, all of those providing, or proposing to provide, piloted services under the scheme may together make an application under this section to become a single health service body.
(3)An application must—
(a)be made to the relevant authority in accordance with such provisions as may be made by regulations; and
(b)specify the pilot scheme in relation to which it is made.
(4)Except in such cases as may be prescribed by regulations, the relevant authority may grant an application.
(5)If an application is granted, the relevant authority must specify a date in relation to that application and, as from that date—
(a)in the case of an application under subsection (1), the applicant is, and
(b)in the case of an application under subsection (2), the applicants together are,
a health service body for the purposes of section 4 of the 1990 Act (NHS contracts).
(6)That section has effect in relation to such a health service body (“a PHS body”), acting as acquirer, as if the functions referred to in subsection (1) of that section were the provision of piloted services.
(7)Except in such circumstances as may be prescribed by regulations, a PHS body resulting from an application under subsection (2) is to be treated, at any time, as consisting of those who are providing piloted services under the scheme.
(8)A direction as to payment made under section 4(7) of the 1990 Act against, or in favour of, a PHS body is enforceable in a county court (if the court so orders) as if it were a judgment or order of that court.
(9)Regulations may provide for a PHS body to cease to be a PHS body in prescribed circumstances.
(10)The relevant authority must—
(a)maintain and publish a list of PHS bodies;
(b)publish a revised copy of the list as soon as is reasonably practicable after any change is made to it.
(11)The list is to be published in such manner as the relevant authority considers appropriate.
(2)“Preparatory work” means work which it is reasonable for a person to undertake—
(a)in connection with preparing proposals for a pilot scheme; or
(b)in preparing for the provision by him of any piloted services.
(3)The regulations may, in particular, include provision—
(a)prescribing the circumstances in which payments of financial assistance may be made;
(b)imposing a limit on the amount of any payment of financial assistance which a [F11Primary Care Trust or]F11 Health Authority may make in any prescribed period in respect of any one person or any one pilot scheme;
(d)requiring a person to whom assistance is given under this section to comply with such conditions as may be imposed in accordance with prescribed requirements; and
(e)for repayment in the case of a failure to comply with any condition so imposed.
(1)Regulations may provide for the making and recovery, in such manner as may be prescribed, of charges for local pharmaceutical services.
(2)The regulations may, in particular provide for—
(a)exemptions from charges;
(b)the liability to pay charges to be disregarded in prescribed circumstances or for prescribed purposes;
(c)section 122A of the 1977 Act (recovery of certain charges and payments) to apply also in relation to local pharmaceutical services (with or without modification);
(d)section 122B of the 1977 Act (penalties) to apply also in relation to local pharmaceutical services (with or without modification).
(3)The regulations must secure that the amount charged for any service is the same as the amount that would be charged for that service if it were provided under Part 2 of the 1977 Act.
(1)The provisions of the 1977 Act, apart from section 16D (power to direct Health Authority to exercise functions of relevant authority), apply in relation to functions of the relevant authority in relation to pilot schemes as if they were functions under Part 1 of the 1977 Act.
[F12(1A)In subsection (1), the words from “, apart from” to “authority),” have effect only in relation to Wales.]
F12(2)The 1977 Act (and in particular section 17) has effect in relation to piloted services—
(a)subject to any provision of, or made under, this Chapter; but
(b)otherwise as if those services were provided as a result of directions given under section 16D of the 1977 Act in relation to functions of the relevant authority under Part 1 of that Act.
(3)The functions of a Health Authority in relation to piloted services are primary functions of the Authority for the purposes of the 1990 Act.
The relevant authority may by regulations—
(a)prevent (except in such circumstances and to such extent as may be prescribed) the provision of both piloted services and pharmaceutical services from the same premises;
(b)make provision with respect to the inclusion, removal, re-inclusion or modification of an entry in respect of premises in a list under section 42 of the 1977 Act.
The power to make regulations under section 42 of the 1977 Act (regulations as to pharmaceutical services) includes power to prescribe the extent to which the provision of piloted services is to be taken into account in determining whether to grant an application for inclusion in a list referred to in subsection (2) of that section.
(1)The relevant authority may not bring section 40 into force unless satisfied that pilot schemes have shown that continuing to provide for the provision of local pharmaceutical services in accordance with provisions of the kind made by pilot schemes would be in the interests of the health service or any part of the health service (within the meaning of section 128(1) of the 1977 Act).
(2)In determining whether to bring section 40 into force, the relevant authority must have regard, in particular, to the results of the reviews of pilot schemes conducted under section 31.
(1)In the 1977 Act there shall be inserted, after section 28I—
(2)The Schedule set out in Schedule 3 to this Act shall be inserted in the 1977 Act as Schedule 8A to that Act.
(3)In section 42 of the 1977 Act there shall be inserted after subsection (2)—
“(2A)The regulations may prescribe the extent to which the provision of LP services (as defined by paragraph 1 of Schedule 8A to this Act) is to be taken into account in determining whether to grant an application for inclusion in a list.”
(1)The relevant authority may by regulations make, in relation to Schedule 8A arrangements or persons providing or assisting in the provision of services under such arrangements, provision corresponding (whether or not exactly) to enactments containing provision relating to—
(a)arrangements made under section 28C of the 1977 Act (provision of personal medical or dental services); or
(b)pilot schemes made under Part 1 of the National Health Service (Primary Care) Act 1997 (c. 46),
or relating to persons who provide or perform services under them.
(2)The regulations may, in particular, provide for the application of any such enactment with such modifications, if any, as the relevant authority considers appropriate.
(3)“Schedule 8A arrangements” means arrangements made under—
(a)an LPS scheme made under Schedule 8A to the 1977 Act; or
(b)a pilot scheme.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: