Indicative amountsE+W
[F118 Indicative amounts for doctors’ practices.E+W
(1)Subject to [F2subsections (2) and (8)] below, for each financial year, [F3every Primary Care Trust and] every [F4Health Authority] shall, by notice in writing given to each practice in relation to the members of which it is the relevant [F5Primary Care Trust or][F4Health Authority], specify an amount of money (in this Act referred to as an “indicative amount”) representing the basic price of the drugs, medicines and listed appliances which, in the opinion of the [F5Primary Care Trust or][F4Health Authority], it is reasonable to expect will be supplied in that year pursuant to orders given by or on behalf of the members of that practice.
(2)Subsection (1) above does not apply with respect to a practice which is or forms part of a fund-holding practice recognised under section 14 above.
(3)For the purposes of this section, a “practice” means—
(a)a single medical practitioner who [F6is on the medical list of a [F7Primary Care Trust or]Health Authority and] practises otherwise than in partnership; or
[F8(b)in the case of two or more medical practitioners who practise in partnership with each other, each medical practitioner who is on the medical list of a [F7Primary Care Trust or]Health Authority;]
and any reference to the members of a practice shall be construed accordingly.
(4)The members of a practice shall seek to secure that, except with the consent of the relevant [F7Primary Care Trust or][F9Health Authority] or for good cause, the orders for drugs, medicines and listed appliances given by them or on their behalf are such that the basic price of the items supplied pursuant to those orders in any financial year does not exceed the indicative amount notified to the practice for that year under subsection (1) above.
(5)For the purpose of measuring the extent to which a practice is operating within the indicative amount notified to it under subsection (1) above for any financial year, a [F7Primary Care Trust or][F9Health Authority] shall set against that indicative amount an amount equal to the basic price of the drugs, medicines and listed appliances supplied in that year pursuant to orders given by or on behalf of members of the practice.
(6)For the purposes of this section, regulations may make provision as to the specification of, or means of calculating, the basic price of any drugs, medicines or listed appliances.
(7)If, in the case of any practice, a member is on the medical list of a Health Board constituted under section 2 of the M1National Health Service (Scotland) Act 1978 (as well as on that of a [F10Primary Care Trust]), any question whether this section applies in relation to the members of the practice shall be determined in accordance with regulations made by the Secretary of State; and any such regulations may modify the preceding provisions of this section in their application to such a practice.
[F11(8)This section does not apply in relation to the performance or provision of personal medical services in accordance with arrangements made under section 28C of the principal Act.]]
Textual Amendments
F1S. 18 repealed by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 80, Sch. 5 (the repeal being brought into force: on 1.10.1999 to the extent that Sch. 5 repeals s. 18(2) for E. by S.I. 1999/2540, art. 2(1)(a), Sch. 1; on 1.4.2000 to the extent that Sch. 5 repeals s. 18(2) and is not already in force by S.I. 2000/1041, art. 2(1)(d), Sch.; the repeal being otherwise prosp.)
F2Words in s. 18(1) substituted (1.4.1998) by 1997 c. 46, s. 41(10), (11), Sch. 2 para. 65(8); S.I. 1998/631, art. 2(b), Sch. 2
F3Words in s. 18(1) inserted (1.10.2002 with effect as mentioned in Sch. 2 para. 55(2) of the amending act) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 55(1)(a)(i)(2); S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)
F4Words in s. 18(1) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 77(a) (with Sch. 2 paras. 6, 16)
F5Words in s. 18(1) inserted (1.10.2002 with effect as mentioned in Sch. 2 para. 55(2) of the amending act) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 55(1)(a)(ii)(2); S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)
F6Words in s. 18(3)(a) inserted (1.4.1998) by 1997 c. 46, s. 41(10)(11), Sch. 2 para. 65(9)(a); S.I. 1998/631, art. 2(b), Sch. 2
F7Words in s. 18 inserted (1.10.2002 with effect as mentioned in Sch. 2 para. 55(2) of the amending act) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 55(1)(b); S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)
F8S. 18(3)(b) substituted (1.4.1998) by 1997 c. 46, s. 41(10)(11), Sch. 2 para. 65(9)(b); S.I. 1998/631, art. 2(b), Sch. 2
F9Words in s. 18(4)(5)(7) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 77(b) (with Sch. 2 paras. 6, 16)
F10Words in s. 18(7) substituted (1.10.2002 with effect as mentioned in Sch. 2 para. 55(2) of the amending act) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 55(1)(c); S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)
F11S. 18(8) inserted (1.4.1998) by 1997 c. 46, s. 41(10(11), Sch. 2 para. 65(10); S.I. 1998/631, art. 2(b), Sch. 2
Modifications etc. (not altering text)
C1S. 18 modified (1.4.1991) by S.I. 1991/556, reg. 3.
S. 18(2) applied (with modifications) (1.4.1997) by S.I. 1997/980, reg. 3
C2S. 18: functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(b), Sch. 2
Commencement Information
I1S. 18 wholly in force at 1.4.1991 see s. 67(2) and S.I. 1990/1329, art. 2(8), Sch. 3.
Marginal Citations