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Part 7E+WPharmaceutical services and local pharmaceutical services

Chapter 7E+WMiscellaneous

RemunerationE+W

164Remuneration for persons providing pharmaceutical servicesE+W

(1)The remuneration to be paid to persons who provide pharmaceutical services under this Part must be determined by determining authorities.

(2)Determining authorities may also determine the remuneration to be paid to persons who provide those services in respect of the instruction of any person in matters relating to those services.

(3)For the purposes of this section and section 165 determining authorities are—

(a)the Secretary of State, and

(b)so far as authorised by him to exercise the functions of determining authorities, [F1NHS England] or other person appointed by him in an instrument.

(4)The instrument mentioned in subsection (3)(b) is called in this section an “instrument of appointment”.

[F2(4A)An instrument of appointment—

(a)must be contained in regulations if it provides for the appointment of [F1NHS England] or other person as a determining authority in relation to the remuneration to be paid [F3for providing] services under section 126, and

(b)if paragraph (a) does not apply, may be contained in regulations.]

(5)An instrument of appointment—

(a)may contain requirements with which a determining authority appointed by that instrument must comply in making determinations, F4...

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Subject to this section and section 165, regulations may make provision about determining remuneration under this section and may in particular impose requirements with which determining authorities must comply in making, or in connection with, determinations (including requirements as to consultation and publication).

(7)Regulations may provide that determinations may be made by reference to any of—

(a)rates or conditions of remuneration of any persons or any descriptions of persons which are fixed or determined, or will be fixed or determined, otherwise than by way of a determination under this section,

(b)scales, indices or other data of any description specified in the regulations.

(8)Where regulations provide as mentioned in subsection (7)(b), they may provide that any determination which falls to be made by reference to a scale, index or other data may be made by reference to the scale, index or data—

(a)in the form current at the time of the determination, and

(b)in any subsequent form taking effect after that time.

[F5(8A)Regulations may impose requirements in relation to remuneration in respect of [F6any of the following—

(a)drugs or medicines used for vaccinating or immunising people against disease,

(b)anything used in connection with the supply or administration of drugs or medicines within paragraph (a),

(c)drugs or medicines, not within paragraph (a), that are used for preventing or treating a disease that, at the time the regulations are made, the Secretary of State considers to be a pandemic disease or at risk of becoming a pandemic disease,

(d)anything used in connection with the supply or administration of drugs or medicines within paragraph (c), or

(e)a product which is a special medicinal product for the purposes of regulation 167 of the Human Medicines Regulations 2012 (S.I. 2012/1916).]

(8B)Such regulations may, for example, require determining authorities to ensure—

(a)that remuneration is to be calculated by reference to the outcome of prescribed procedures, or

(b)that determinations do not provide for or permit remuneration to be paid in prescribed circumstances.

(8C)Procedures prescribed by virtue of subsection (8B)(a) may include the person to whom remuneration is payable, a health service body or a determining authority—

(a)carrying out inquiries to ensure that remuneration is reasonable, or

(b)estimating an amount of remuneration that is reasonable (whether or not the estimated amount corresponds exactly to expenses in respect of which remuneration is to be paid).

(8D)Circumstances prescribed by virtue of subsection (8B)(b) may include circumstances in which [F7anything within subsection (8A)(a) to (e) is] made available to persons who provide pharmaceutical services under this Part—

(a)by a health service body, or

(b)under an arrangement for the supply of [F8that thing,] to which a health service body is a party.

(8E)In subsections (8A) to (8D)—

[F10(8F)Where regulations include provision made in reliance on subsection (8A)(c) or (d) and the Secretary of State considers that the disease to which it relates is no longer a pandemic disease or at risk of becoming a pandemic disease, the Secretary of State must revoke that provision within such period as the Secretary of State considers reasonable (taking into account, in particular, the need for any transitional arrangements).]

(9)Regulations may—

(a)provide that determining authorities may make determinations which have effect in relation to remuneration in respect of a period beginning on or after a date specified in the determination, which may be the date of the determination or an earlier or later date, but may be an earlier date only if, taking the determination as a whole, it is not detrimental to the persons to whose remuneration it relates,

(b)provide that any determination which does not specify such a date has effect in relation to remuneration in respect of a period beginning—

(i)if it is required to be published, on the date of publication,

(ii)if it is not so required, on the date on which it is made.

(10)A reference in this section or section 165 to a determination is to a determination of remuneration under this section.

Textual Amendments

165Section 164: supplementaryE+W

(1)Before a determination is made by the Secretary of State which relates to all persons who provide pharmaceutical services, or a category of such services, he—

(a)must consult a body appearing to him to be representative of persons to whose remuneration the determination would relate, and

(b)may consult such other persons as he considers appropriate.

(2)Determinations may make different provision for different cases, including different provision for any particular case, class of case or area.

(3)Determinations may be—

(a)made in more than one stage,

(b)made by more than one determining authority,

(c)varied or revoked by subsequent determinations.

(4)A determination may be varied—

(a)to correct an error, or

(b)where it appears to the determining authority that it was made in ignorance of or under a mistake as to a relevant fact.

(5)Determinations may, in particular, provide that the whole or any part of the remuneration—

(a)is payable only if the determining authority is satisfied as to certain conditions, or

(b)must be applied for certain purposes or is otherwise subject to certain conditions.

(6)Remuneration under section 164 may be determined from time to time and may consist of payments by way of—

(a)salary,

(b)fees,

(c)allowances,

(d)reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services or instruction.

(7)At the time a determination is made or varied, certain matters which require determining may be reserved to be decided at a later time.

(8)The matters which may be reserved include in particular—

(a)the amount of remuneration to be paid in particular cases,

(b)whether any remuneration is to be paid in particular cases.

(9)Any determination may be made only after taking into account all the matters which are considered to be relevant by the determining authority.

(10)Such matters may include in particular—

(a)the amount or estimated amount of expenses (taking into account any discounts) incurred in the past or likely to be incurred in the future (whether or not by persons to whose remuneration the determination will relate) in connection with the provision of pharmaceutical services or of any category of pharmaceutical services,

(b)the amount or estimated amount of any remuneration paid or likely to be paid to persons providing such services,

(c)the amount or estimated amount of any other payments or repayments or other benefits received or likely to be received by any such persons,

(d)the extent to which it is desirable to encourage the provision, either generally or in particular places, of pharmaceutical services or the category of pharmaceutical services to which the determination will relate,

(e)the desirability of promoting pharmaceutical services which are—

(i)economic and efficient, and

(ii)of an appropriate standard.

(11)If the determination is of remuneration for a category of pharmaceutical services, the reference in subsection (10)(a) to a category of pharmaceutical services is a reference to the same category of pharmaceutical services or to any other category of pharmaceutical services falling within the same description.

[F11165APharmaceutical remuneration: further provisionE+W

(1)[F1NHS England] must provide the Secretary of State with such information relating to the remuneration paid by [F1NHS England] to persons providing pharmaceutical services or local pharmaceutical services as the Secretary of State may require.

(2)The information must be provided in such form, and at such time or within such period, as the Secretary of State may require.

(3)Schedule 12A makes further provision about pharmaceutical remuneration.]

Textual Amendments

Indemnity coverE+W

166Indemnity coverE+W

(1)Regulations may make provision for the purpose of securing that, in prescribed circumstances, prescribed persons included in a pharmaceutical list 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 must not be added to a pharmaceutical list unless he holds approved indemnity cover,

(b)for the removal from a pharmaceutical list prepared by [F1NHS England] of a person who does not within a prescribed period after the making of a request by [F1NHS England] in the prescribed manner satisfy [F1NHS England] that he holds approved indemnity cover.

(3)For the purposes of this section—

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,

must be treated as holding approved indemnity cover for the purposes of the regulations.

Textual Amendments

Local Pharmaceutical CommitteesE+W

167Local Pharmaceutical CommitteesE+W

(1)[F12[F1NHS England] may recognise a committee formed for an area] which it is satisfied is representative of—

(a)the persons providing pharmaceutical services from premises in the area for which the committee is formed (“pharmaceutical services providers”),

(b)pharmaceutical services providers and the persons to whom subsections (2) and (3) apply,

(c)pharmaceutical services providers and the persons to whom subsection (2) applies, or

(d)pharmaceutical services providers and the persons to whom subsection (3) applies.

(2)This subsection applies to each person who—

(a)is providing local pharmaceutical services F13... under an LPS scheme made (whether with himself or another person) by [F1NHS England], and

(b)has notified [F1NHS England] that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented).

(3)This subsection applies to each person who—

(a)is providing local pharmaceutical services F14... under a pilot scheme made (whether with himself or another person) by [F1NHS England], and

(b)has notified [F1NHS England] that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented).

(4)A committee recognised under this section is called the Local Pharmaceutical Committee for the area for which it is formed.

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

(6)Regulations may require [F1NHS England], in the exercise of functions relating to pharmaceutical services or local pharmaceutical services, to consult committees recognised by it under this section on such occasions and to such extent as may be prescribed.

(7)Subsection (6) does not affect any other power to require [F1NHS England] to consult committees recognised by it under this section.

(8)A committee recognised under this section has such other functions as may be prescribed.

(9)[F1NHS England] may, on the request of any committee recognised by it under this section, allot to that committee such sums for defraying the committee's administrative expenses (other than any determined under subsection (12)) as may be determined by [F1NHS England].

(10)Any sums so allotted must be out of the moneys available to [F1NHS England] for the remuneration of persons of whom the committee is representative under subsection (1)(a).

(11)The amount of any such sums must be deducted from the remuneration of those persons in such manner as may be determined by [F1NHS England].

(12)A committee recognised under subsection (1)(b), (c) or (d) must, in respect of each year, determine the amount of its administrative expenses for that year attributable to the persons of whom it is representative under subsection (2) or (3).

(13)The committee must apportion the amount determined under subsection (12) among the persons of whom it is representative under subsection (2) or (3), and each such person must pay in accordance with the committee's directions the amount so apportioned to him.

(14)The administrative expenses of a committee include the travelling and subsistence allowances payable to its members.

Textual Amendments

Provision of accommodation by the Secretary of StateE+W

168Use of accommodation: provision of pharmaceutical services and local pharmaceutical servicesE+W

If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of pharmaceutical services or local pharmaceutical services, he may make the accommodation available on such terms as he considers appropriate to persons providing those services.

[F15DirectionsE+W

Textual Amendments

F15S. 168A and cross-heading inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 49(4), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

168AExercise of functionsE+W

(1)The Secretary of State may direct [F1NHS England] to exercise any of the Secretary of State's functions relating to services that may be provided as pharmaceutical services, or as local pharmaceutical services, under this Part.

(2)Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.

(3)The Secretary of State may give directions to [F1NHS England] about its exercise of any functions relating to pharmaceutical services or to local pharmaceutical services (including functions which [F1NHS England] has been directed to exercise under subsection (1)).]

Textual Amendments