Part 3

Miscellaneous

Pharmaceutical services in England

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