- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (28/04/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/07/2022
Point in time view as at 28/04/2022.
National Health Service Act 2006, SCHEDULE 11 is up to date with all changes known to be in force on or before 19 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 135
1(1)A pilot scheme may be made—E+W
(a)on the initiative of [F1the Board], or
(b)in response to a request made by a person wishing to participate in the scheme.
(2)The request referred to in sub-paragraph (1)(b) must—
(a)be made in writing, and
(b)comply with such requirements (if any) as may be prescribed.
Textual Amendments
F1Words in Sch. 11 para. 1(1)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(2) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
2(1)Before making a pilot scheme, [F2the Board] must prepare proposals for the scheme and submit them to the Secretary of State.E+W
(2)But proposals may be submitted by [F3the Board] only with the agreement of the other proposed participants.
(3)In preparing proposals for a pilot scheme, [F4the Board] must comply with any directions given to it by the Secretary of State as to—
(a)the matters to be dealt with, and information to be included, in the proposals, and
(b)the procedure to be followed by [F5the Board].
(4)Before submitting proposals for a pilot scheme, [F6the Board] must (in addition to complying with any requirements about consultation imposed by or under any other enactment) comply with any directions given to it by the Secretary of State about the extent to which, and manner in which, it must consult on the proposals.
(5)The Secretary of State may give directions—
(a)requiring [F7the Board] to submit proposals to him,
(b)as to the matters to which [F7the Board] must have regard in making any recommendation to the Secretary of State when submitting proposals for a pilot scheme,
(c)as to the form in which any such recommendation must be made,
(d)requiring [F8the Board] to provide the Secretary of State with summaries (prepared and presented in the manner specified in the directions) of all requests received by [F9it] during the period specified in the directions.
(6)A direction under this paragraph may be given so as to apply—
(a)generally in circumstances specified in the direction, or
(b)in relation to a particular case.
Textual Amendments
F2Words in Sch. 11 para. 2(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(3)(a) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3Words in Sch. 11 para. 2(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(3)(b) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in Sch. 11 para. 2(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(3)(b) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5Words in Sch. 11 para. 2(3)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(3)(c) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6Words in Sch. 11 para. 2(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(3)(b) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7Words in Sch. 11 para. 2(5)(a)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(3)(b) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F8Words in Sch. 11 para. 2(5)(d) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(3)(d)(i) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F9Word in Sch. 11 para. 2(5)(d) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(3)(d)(ii) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
3(1)If proposals for a pilot scheme are submitted under paragraph 2, the Secretary of State must—E+W
(a)approve them as submitted,
(b)make such modifications as he considers appropriate and approve them as modified, or
(c)reject them.
(2)The Secretary of State may not approve proposals for a pilot scheme unless satisfied that they include satisfactory provision for any participant other than [F10the Board] to withdraw from the scheme if he wishes to do so.
(3)When the Secretary of State makes a decision under this paragraph—
(a)he must notify [F11the Board] of the decision, and
(b)[F12the Board] must, without delay, notify the other participants in the proposed scheme.
Textual Amendments
F10Words in Sch. 11 para. 3(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(4)(a) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F11Words in Sch. 11 para. 3(3)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(4)(b) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F12Words in Sch. 11 para. 3(3)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(4)(a) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
4(1)This paragraph applies if [F13the Board] proposes to make a pilot scheme but has not determined who the participants, or who all of the participants, will be.E+W
(2)[F14The Board] may apply to the Secretary of State for preliminary approval to be given to its proposals.
(3)If such an application is made, the Secretary of State must—
(a)give preliminary approval to the proposals as submitted,
(b)make such modifications as he considers appropriate and give preliminary approval to them as modified, or
(c)reject them.
(4)If [F15the Board] is given preliminary approval, it must take such steps, with a view to obtaining final approval for the proposed pilot scheme, as the Secretary of State may direct.
(5)The fact that the Secretary of State has given preliminary approval to proposals for a pilot scheme does not affect his right to refuse to approve the completed proposals when they are submitted under paragraph 2.
(6)Sub-paragraphs (3) to (6) of paragraph 2 apply in relation to an application for preliminary approval of proposals under this paragraph as they apply in relation to proposals under that paragraph.
Textual Amendments
F13Words in Sch. 11 para. 4(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(5)(a) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F14Words in Sch. 11 para. 4(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(5)(b) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F15Words in Sch. 11 para. 4(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(5)(a) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
5(1)Proposals for a pilot scheme submitted under paragraph 2, or included in an application for preliminary approval of proposals under paragraph 4, must include—E+W
(a)an assessment by [F16the Board] of the likely effect of the implementation of the proposals in [F17the area concerned] on the services mentioned in sub-paragraph (2),
(b)any assessment [F18prepared under sub-paragraph (3)].
(2)The services are—
(a)pharmaceutical services,
(b)local pharmaceutical services provided under existing pilot schemes or LPS schemes,
(c)primary medical services.
(3)If it appears to [F19the Board] that the proposals would, if implemented, affect any of the services mentioned in sub-paragraph (2) provided in [F20another area], it must [F21prepare an assessment of the likely effect on those services of the implementation of] the proposals before submitting them under paragraph 2 or including them in an application for preliminary approval under paragraph 4.
F22(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Words in Sch. 11 para. 5(1)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(6)(a)(i) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F17Words in Sch. 11 para. 5(1)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(6)(a)(ii) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F18Words in Sch. 11 para. 5(1)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(6)(b) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F19Words in Sch. 11 para. 5(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(6)(c)(i) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F20Words in Sch. 11 para. 5(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(6)(c)(ii) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F21Words in Sch. 11 para. 5(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(6)(c)(iii) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F22Sch. 11 para. 5(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(6)(d) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
6E+WThe Secretary of State may issue guidance about the criteria by reference to which, as a general rule, powers under paragraph 3 or 4 are likely to be exercised.
7(1)If the Secretary of State approves proposals for a pilot scheme under paragraph 3 and notifies [F23the Board] in accordance with that paragraph, [F24the Board must] implement the proposals in accordance with directions given by the Secretary of State.E+W
(2)A proposed participant in a pilot scheme (other than [F25the Board]) may withdraw at any time before the proposals relating to him are implemented.
(3)A pilot scheme, as implemented, may differ from the proposals for the scheme approved by the Secretary of State only if he agrees to the variation or—
(a)directions given by him (either under sub-paragraph (1) or generally) authorise variations that satisfy specified requirements, and
(b)the variation satisfies those requirements.
(4)As soon as is reasonably practicable after implementing proposals for a pilot scheme, [F26the Board] must (in accordance with any directions given to it by the Secretary of State) publish details of the scheme.
Textual Amendments
F23Words in Sch. 11 para. 7(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(7)(a) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F24Words in Sch. 11 para. 7(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(7)(b) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F25Words in Sch. 11 para. 7(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(7)(a) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F26Words in Sch. 11 para. 7(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 92(7)(a) (with Sch. 4 para. 92(8)); S.I. 2013/160, art. 2(2) (with arts. 7-9)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys