National Health Service and Community Care Act 1990

Part I — The National Health Service: England and Wales

Local management

Powers of the Secretary of State as respects social services functions of local authorities.

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Family Health Services Authorities

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Primary and other functions of health authorities etc. and exercise of functions

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NHS contracts

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National Health Service trusts

NHS trusts

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Transfer of staff to NHS trusts

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Supplementary provisions as to transfer of staff

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Transfer of property, rights and liabilities to NHS trust

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Originating capital debt of, and other financial provisions relating to NHS trusts

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Financial obligations of NHS trusts

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Trust funds and trustees for NHS trusts

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Family Health Services Authorities

Functions of Family Health Services Authorities

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Financial duties in relation to Family Health Services Authorities

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Fund-holding practices

Recognition of fund-holding practices of doctors

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Payments to recognised fund-holding practices

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In any case where—

• (a) a Health Authority make 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 individuals on the list of patients of any of the members of the practice reside in the area of another Health Authority, or in the area of a Health Board,

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renunciation and removal of recognition as a fund-holding practice and withholding of funds

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Transfer of functions relating to recognised fund-holding practices

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Indicative amounts

Indicative amounts for doctors' practices

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• (1) Subject to subsections (2) and (8) below, for each financial year, every Primary Care Trust and every Local Health Board shall, by notice in writing given to each practice in relation to the members of which it is the relevant Primary Care Trust orLocal Health Board, specify an amount of money (in this Act referred to as an “indicative amount”) representing the basic price of the drugs, medicines and listed appliances which, in the opinion of the Primary Care Trust orLocal Health Board, it is reasonable to expect will be supplied in that year pursuant to orders given by or on behalf of the members of that practice.

• (2) Subsection (1) above does not apply with respect to a practice which is or forms part of a fund-holding practice recognised under section 14 above.

• (3) For the purposes of this section, a “practice” means—

• (a) a person or body who has entered into a contract under section 28Q of the principal Act, otherwise than in partnership; or

• (b) two or more individuals practising in partnership who together have entered into such a contract,

and any reference to the members of a practice shall be construed accordingly.

• (4) The members of a practice shall seek to secure that, except with the consent of the relevant Primary Care Trust orLocal Health Board or for good cause, the orders for drugs, medicines and listed appliances given by them or on their behalf are such that the basic price of the items supplied pursuant to those orders in any financial year does not exceed the indicative amount notified to the practice for that year under subsection (1) above.

• (5) For the purpose of measuring the extent to which a practice is operating within the indicative amount notified to it under subsection (1) above for any financial year, a Primary Care Trust orLocal Health Board shall set against that indicative amount an amount equal to the basic price of the drugs, medicines and listed appliances supplied in that year pursuant to orders given by or on behalf of members of the practice.

• (6) For the purposes of this section, regulations may make provision as to the specification of, or means of calculating, the basic price of any drugs, medicines or listed appliances.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) This section does not apply in relation to the performance or provision of personal medical services in accordance with arrangements made under section 28C of the principal Act.

• (9) In this section, references to the “relevant” Primary Care Trust or Local Health Board, in relation to a practice, are to the Primary Care Trust or Local Health Board with which it has entered into a contract under section 28Q of the principal Act.

Funding, audit and liabilities

Amendments relating to funding of health authorities etc

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Extension of functions etc. of Audit Commission to cover the health service

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 98 of the principal Act (accounts and audit),—

• (a) in subsection (1), in the words following paragraph (e) for the words from “appointed” to “Comptroller” there shall be substituted “appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales and the Comptroller”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schemes for meeting losses and liabilities etc. of certain health service bodies

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Further amendments of the principal Act

The Medical Practices Committee

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Distribution of general medical services

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Limitations on right to be included on list of dental practitioners

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Transfer to DHA of certain functions relating to private patients

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Interpretation

Interpretation of Part I

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Part II — The National Health Service: Scotland

Health Boards and other bodies

Health Boards, the Common Services Agency and state hospitals

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• (1) Subject to subsection (2) below, at the end of the day appointed for the coming into force of this subsection, any person who is a member of—

• (a) a Health Board;

• (b) the management committee of the Common Services Agency for the Scottish Health Service; or

• (c) a State Hospital Management Committee within the meaning of the Mental Health (Scotland) Act 1984,

shall cease to be such a member.

• (2) Subsection (1) above does not apply to a person holding office as chairman of a Health Board or of a committee mentioned in subsection (1)(b) or (c) above.

• (3) Schedule 1 (Health Boards) and Schedule 5 (Common Services Agency) to the National Health Service (Scotland) Act 1978 (in this Part of this Act referred to as “the 1978 Act”) and Schedule 1 to the Mental Health (Scotland) Act 1984 (State Hospital Management Committees) shall be amended in accordance with Schedule 5 to this Act.

Special Health Boards

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In section 2 (Health Boards) of the 1978 Act—

• (a) in subsection (1)—

• (i) after the words “Secretary of State” there shall be inserted the word “(a)”; and

• (ii) after the words “Health Boards” there shall be inserted—

and (b) subject to subsections (1A) and (1C), may by order constitute boards, either for the whole of Scotland or for such parts of Scotland as he may so determine, for the purpose of exercising such of his functions under this Act as he may so determine; and those boards shall, without prejudice to subsection (1B), be called Special Health Boards.

;

• (b) after subsection (1) there shall be inserted the following subsections—

(1A) An order made under subsection (1)(b) may determine an area for a Special Health Board constituted under that subsection which is the same as the areas determined— (a) for any other Special Health Board; or (b) for any Health Board or Health Boards constituted by an order or orders made under subsection (1)(a). (1B) An order under subsection (1)(b) may specify the name by which a board constituted by the order shall be known. (1C) The Secretary of State may by order provide that such of the provisions of this Act or of any other enactment, or of any orders, regulations, schemes or directions made under or by virtue of this Act or of any other enactment, as apply in relation to Health Boards shall, subject to such modifications and limitations as may be specified in the order, so apply in relation to any Special Health Board so specified.

; and

• (c) in subsection (2), for the word “(1)” there shall be substituted the word “(1)(a)”.

Scottish advisory bodies

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• (1) Section 5 of the 1978 Act (Scottish Health Service Planning Council) shall cease to have effect.

• (2) Section 6 of that Act (national consultative committees) shall cease to have effect.

• (3) In section 7 of that Act (local health councils)—

• (a) in subsection (2), the words from “by local authorities” to “and for the appointment” shall cease to have effect;

• (b) in subsection (9)(d), after the words “Health Board” there shall be inserted “and from any NHS trust in their area or district”; and

• (c) in subsection (9)(e), after the words “Health Board” there shall be inserted “and establishments in their area or district administered by NHS trusts”.

• (4) In section 8(1) of that Act (university liaison committees)—

• (a) after the words “those Boards” where they first occur there shall be inserted “and any NHS trusts in the area or combined areas”;

• (b) for the words “the area or combined” there shall be substituted “that area or those”; and

• (c) after the words “those Boards” in the second place where they occur there shall be inserted “, any such NHS trust”.

• (5) In section 9 of that Act (local consultative committees)—

• (a) for the words from “after consultation” to “is representative” in each of subsections (1), (3) and (4) there shall be substituted “a Health Board is satisfied that a committee formed for its area is representative”;

• (b) for the words “Secretary of State” in the second place where they occur in subsection (1) there shall be substituted “Health Board”; and

• (c) for the word “he” in each of subsections (3) and (4) there shall be substituted “the Board”.

NHS contracts

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After section 17 of the 1978 Act there shall be inserted the following sections—