National Health Service Act 2006 (c. 41)

SCHEDULES

Section 144

SCHEDULE 12 E+W LPS schemes

Provision of local pharmaceutical services E+W

1 (1) Primary Care Trusts [F1 or Strategic Health Authorities ] may establish LPS schemes. E+W

(2) In this Act, an “LPS scheme” means one or more agreements—

(a) made by a Primary Care Trust [F2 or Strategic Health Authority (the “commissioning body”) ] in accordance with this Schedule,

(b) under which local pharmaceutical services will be provided (otherwise than by the [F3 commissioning body). ]F4 ...

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (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.]

(3) An LPS scheme may include arrangements—

(a) for the provision of services which are not local pharmaceutical services, but which may be provided under this Act, other than under Chapter 1 of this Part, and whether or not of the kind usually provided by pharmacies,

(b) for the provision of training and education (including training and education for persons who are, or may become, involved in the provision of local pharmaceutical services).

(4) An LPS scheme may not combine arrangements for the provision of local pharmaceutical services with arrangements for the provision of primary medical services or primary dental services.

(5) In determining the arrangements it needs to make in order to comply with section 126, a Primary Care Trust may take into account arrangements under an LPS scheme [F6 in its area].

(6) The functions of an NHS trust [F7 , an NHS foundation trust and a Primary Care Trust] include power to provide any services to which an LPS scheme applies.

(7) In this Schedule—

• “local pharmaceutical services” means such services of a kind which may be provided under section 126, or by virtue of section 127, (other than practitioner dispensing services) as may be prescribed for the purposes of this Schedule, and

• “LP services” means services provided under an LPS scheme (including any services to which the scheme applies as a result of sub-paragraph (3)).

(8) “Practitioner dispensing services” means the provision of drugs, medicines or listed appliances (within the meaning given by section 126) by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 132(1).

Textual Amendments

F1 Words in Sch. 12 para. 1(1) inserted (1.9.2012) by Health Act 2009 (c. 21), ss. 29(7), 40(1); S.I. 2012/1902, art. 2(d)

F2 Words in Sch. 12 para. 1(2)(a) inserted (1.9.2012) by Health Act 2009 (c. 21), ss. 29(8)(a), 40(1); S.I. 2012/1902, art. 2(d)

F3 Words in Sch. 12 para. 1(2)(b) substituted (1.9.2012) by Health Act 2009 (c. 21), ss. 29(8)(b), 40(1); S.I. 2012/1902, art. 2(d)

F4 Sch. 12 para. 1(2)(c) and word repealed (1.9.2012) by Health Act 2009 (c. 21), ss. 29(8)(c), 40(1), Sch. 6; S.I. 2012/1902, art. 2(d)

F5 Sch. 12 para. 1(2A)(2B) inserted (1.9.2012) by Health Act 2009 (c. 21), ss. 29(9), 40(1); S.I. 2012/1902, art. 2(d)

F6 Words in Sch. 12 para. 1(5) substituted (1.9.2012) by Health Act 2009 (c. 21), ss. 29(10), 40(1); S.I. 2012/1902, art. 2(d)

F7 Words in Sch. 12 para. 1(6) substituted (1.9.2012) by Health Act 2009 (c. 21), ss. 29(11), 40(1); S.I. 2012/1902, art. 2(d)

Designation of priority neighbourhoods or premises E+W

2 (1) The Secretary of State may make regulations allowing a Primary Care Trust [F8 or Strategic Health Authority ] to designate— E+W

(a) [F9 neighbourhoods][F9 relevant areas],

(b) premises, or

(c) descriptions of premises,

for the purposes of this paragraph.

(2) The regulations may, in particular, make provision—

(a) as to the circumstances in which, and the [F10 neighbourhoods][F10 relevant areas] or premises in relation to which, designations may be made or maintained,

(b) allowing a Primary Care Trust to defer consideration of pharmaceutical list applications relating to [F10 neighbourhoods][F10 relevant areas], premises or descriptions of premises that have been designated,

(c) allowing a designation to be cancelled in prescribed circumstances,

(d) requiring a designation to be cancelled—

(i) if the Secretary of State gives a direction to that effect, or

(ii) in prescribed circumstances.

(3) “Pharmaceutical list applications” means applications for inclusion in a pharmaceutical list.

[F11 (4) “Relevant area” has the same meaning as in section 129(2A).]

Textual Amendments

F8 Words in Sch. 12 para. 2(1) inserted (1.9.2012) by Health Act 2009 (c. 21), ss. 29(12), 40(1); S.I. 2012/1902, art. 2(d)

F9 Words in Sch. 12 para. 2(1)(a) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 207(12)(a), 306(1)(d)(4)

F10 Words in Sch. 12 para. 2(2)(a)(b) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 207(12)(a), 306(1)(d)(4)

F11 Sch. 12 para. 2(4) inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 207(12)(b), 306(1)(d)(4)

Regulations E+W

3 (1) The Secretary of State may make regulations with respect to LP services. E+W

(2) The regulations must include provision for participants other than [F12 the commissioning body ] to withdraw from an LPS scheme if they wish to do so.

(3) The regulations may, in particular—

(a) provide that an LPS scheme may be made only—

(i) in prescribed circumstances,

(ii) in relation to an area, a community or a category of persons determined in accordance with the regulations, or

(iii) in relation to premises determined in accordance with the regulations,

(b) provide that only prescribed services, or prescribed categories of service, may be provided in accordance with an LPS scheme,

(c) make provision as to the services, or categories of service, for which an LPS scheme must provide,

(d) impose conditions (including conditions as to qualifications and experience) to be satisfied by persons providing LP services,

(e) require details of each LPS scheme to be published,

(f) make provision with respect to the variation and termination of an LPS scheme,

(g) prevent (except in such circumstances and to such extent as may be prescribed) the provision of both LP services and pharmaceutical services from the same premises,

(h) make provision with respect to the inclusion, removal, re-inclusion or modification of an entry in respect of premises in a pharmaceutical list,

(i) provide for parties to an LPS scheme to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 9,

(j) provide for directions, as to payments, made under section 9(11) (as it has effect as a result of regulations made by virtue of paragraph (i)) to be enforceable in a county court (if the court so orders) as if they were judgments or orders of that court,

(k) authorise Primary Care Trusts [F13 or Strategic Health Authorities ] to make payments of financial assistance for prescribed categories of preparatory work undertaken—

(i) in connection with preparing proposals for an LPS scheme, or

(ii) in preparation for the provision of services under a proposed LPS scheme.

Textual Amendments

F12 Words in Sch. 12 para. 3(2) substituted (1.9.2012) by Health Act 2009 (c. 21), ss. 29(14), 40(1); S.I. 2012/1902, art. 2(d)

F13 Words in Sch. 12 para. 3(3)(k) inserted (1.9.2012) by Health Act 2009 (c. 21), ss. 29(15), 40(1); S.I. 2012/1902, art. 2(d)