National Health Service (Scotland) Act 1978

[F1 87B Payments to recognised fund-holding practices. E+W+S

(1) In respect of each financial year, every Health Board shall be liable to pay to the members of each recognised fund-holding practice in relation to which it is the relevant Health Board a sum determined in such manner and by reference to such factors as the Secretary of State may direct (in this section referred to as an “allotted sum”).

(2) The liability to pay an allotted sum under subsection (1) may be discharged, in whole or in part, in either of the following ways—

(a) by making payments on account of the allotted sum at such times and in such manner as the Secretary of State may direct; and

(b) by discharging liabilities of the members of the practice to any other person (including, in particular, liabilities under NHS contracts);

and any reference in this section and section 87C to payment of or of a part of an allotted sum includes a reference to the discharge, in accordance with this subsection, of the whole or part of the liability to pay that sum.

(3) In any case where—

(a) a Health Board makes a payment of, or of any part of, an allotted sum to the members of a recognised fund-holding practice, and

(b) some of the [F2 practice patients] reside in the area of another Health Board, or in the [F3 area of a Health Authority] established under section 8 of the National Health Service Act 1977,

the Board making the payment shall be entitled to recover from that other Board or [F4 the Health Authority] an amount equal to such portion of the payment as may be determined in accordance with directions given by the Secretary of State.

(4) The members of a recognised fund-holding practice may apply allotted sums only for purposes specified in regulations under subsections (5).

(5) Regulations shall make provision with respect to the purposes for which allotted sums are to be or may be applied and may make provision generally with respect to the operation of recognised fund-holding practices in relation to allotted sums; and the regulations may, in particular,—

(a) require the members of a practice to pay to the relevant Health Board out of allotted sums paid to them an amount determined in accordance with the regulations as the basic cost of the drugs, medicines and listed appliances supplied pursuant to orders given by or on behalf of members of the practice;

(b) provide that the goods and services, other than general medical services [F5 or personal medical services provided in accordance with section 17C arrangements], which may be purchased by or on behalf of the members of such a practice out of allotted sums for the [F6 practice patients]shall be such as may be specified in a list approved for the purpose under the regulations; and

(c) impose a limit on the amount which may be spent out of an allotted sum on the provision of goods and services for any one individual, being a limit above which the cost of any goods and services for that individual in the financial year in question will fall to be met by the Health Board whose functions include the provision of goods and services (not necessarily the goods and services in question) to the individual concerned.

(6) In accordance with directions given by the Secretary of State, the relevant Health Board shall monitor the expenditure of the members of a recognised fund-holding practice and may institute an audit and review in any case where the Board consider it necessary to do so.]

[F7 (7) In this section “practice patient”, in relation to a recognised fund-holding practice, means an individual who is on the list of patients of any of the members of the practice (or, if any of those members together have a single list of patients in connection with section 17C arrangements, an individual who is on that single list).]

Extent Information

E1 S. 87B: for extent see s. 110(2)(2A); s. 87(3) extends also to England and Wales

Textual Amendments

F1 Ss. 87A–87C inserted (the insertion being in force 17.9.1990 in relation to the provisions of section 87A and section 87B(1) (in so far as section 87B(1) provides for the meaning of “recognised fund-holding practice" and “allotted sum") but otherwise in force 1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 34

F2 Words in s. 87B(3)(b) substituted (1.4.1998) by 1997 c. 46, s. 41(1), Sch. 2 Pt. I para. 54(1)(2); S.I. 1998/631, art. 2(b), Sch. 2

F3 Words in s. 87B(3)(b) substituted (28.6.1995 for certain purposes and 1.4.1996 for all other purposes) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 102(5)(a) (with Sch. 2 para. 6)

F4 Words in s. 87B(3) substituted (28.6.1995 for certain purposes and 1.4 1996 for all other purposes) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 102(5)(b) (with Sch. 2 para. 6)

F5 Words in s. 87B(5)(b) inserted (1.4.1998) by 1997 c. 46, s. 41(1), Sch. 2 Pt. I para. 54(1)(3)(a); S.I. 1998/631, art. 2(b), Sch. 2

F6 Words in s. 87B(5)(b) substituted (1.4.1998) by 1997 c. 46, s. 41(1), Sch. 2 Pt. I para. 54(1)(3)(b); S.I. 1998/631, art. 2(b), Sch. 2

F7 S. 87B(7) inserted (1.4.1998) by 1997 c. 46, s. 41(1), Sch. 2 Pt. I para. 54(1)(4); S.I. 1998/631, art. 2(b), Sch. 2