Part I Organisation
F1Pharmaceutical care services contracts
17TPayments by Health Boards under pharmaceutical care services contracts
1
The Scottish Ministers may give directions as to payments to be made under pharmaceutical care services contracts.
2
A pharmaceutical care services contract must require payments to be made under it in accordance with directions for the time being in force under this section.
3
A direction under subsection (1) may in particular—
a
provide for payments to be made by reference to compliance with standards or the achievement of levels of performance;
b
provide for payments to be made by reference to—
i
any scheme or scale specified in the direction;
ii
a determination made by any person in accordance with factors specified in the direction;
c
provide that the whole or any part of a payment is subject to conditions (including a condition that the whole or any part of a payment is liable to be paid by a Health Board only if they are satisfied as to such conditions as may be specified in the direction);
d
make provision having effect from a date before the date of the direction, provided that, having regard to the direction as a whole, the provision is not detrimental to the persons to whose remuneration it relates.
4
Before giving a direction under subsection (1), the Scottish Ministers—
a
must consult any body appearing to them to be representative of persons to whose remuneration the direction would relate; and
b
may consult such other persons as they think appropriate.
5
The Scottish Ministers must publish directions given by them under subsection (1) in the Drug Tariff or in such other manner as they consider appropriate.
6
References in this section to payments include fees, allowances and reimbursements.
Ss. 17Q-17V and cross-heading substituted for s. 17Q (prosp.) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 21, 43(3)