Health Act 2009

29 LPS schemes: powers of Primary Care Trusts and Strategic Health Authorities

(1) The National Health Service Act 2006 is amended as follows.

(2) In section 15 (Strategic Health Authorities’ directions), in subsection (2), after “section 107 arrangements” insert “or LPS schemes”.

(3) In section 16 (section 92 arrangements and section 107 arrangements)—

(a) in subsection (1), after “section 107 arrangements” insert “and LPS schemes”;

(b) in the heading, after “section 107 arrangements” insert “and LPS schemes”.

(4) In section 144 (local pharmaceutical services schemes), after “Primary Care Trusts” insert “or Strategic Health Authorities”.

(5) Schedule 12 (LPS schemes) is amended as follows.

(6) Paragraph 1 is amended as follows.

(7) In sub-paragraph (1), after “Primary Care Trusts” insert “or Strategic Health Authorities”.

(8) In sub-paragraph (2)—

(a) in paragraph (a), after “Primary Care Trust” insert “or Strategic Health Authority (the “commissioning body”)”;

(b) in paragraph (b), for “Primary Care Trust),” substitute “commissioning body).”;

(c) omit paragraph (c) and the word “and” immediately before it.

(9) After sub-paragraph (2) insert—

“(2A) A Strategic Health Authority may establish an LPS scheme only where the only other parties are Primary Care Trusts.

(2B) A Primary Care Trust may provide local pharmaceutical services under an LPS scheme (where it is not the commissioning body), but only in prescribed circumstances.”

(10) In sub-paragraph (5), for “made by it” substitute “in its area”.

(11) In sub-paragraph (6), for “and an NHS foundation trust” substitute “, an NHS foundation trust and a Primary Care Trust”.

(12) In paragraph 2, in sub-paragraph (1), after “Primary Care Trust” insert “or Strategic Health Authority”.

(13) Paragraph 3 is amended as follows.

(14) In sub-paragraph (2), for “Primary Care Trusts” substitute “the commissioning body”.

(15) In sub-paragraph (3)(k), after “Primary Care Trusts” insert “or Strategic Health Authorities”.