Legalize / United Kingdom / Public General Act

National Health Service (Primary Care) Act 1997

Type Public General Act

Publication 1997-03-21

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part I — Pilot Schemes for Primary Care

Preparation and making of pilot schemes

Pilot schemes

1

(1) In this Act “pilot scheme” means one or more agreements made by an authority with respect to their area and in accordance with this Part under which—

(a) personal medical services are provided (otherwise than by the authority); or

(b) personal dental services are provided (otherwise than by the authority).

(2) A pilot scheme may not combine arrangements for the provision of personal medical services with arrangements for the provision of personal dental services , and may not combine arrangements for the provision of personal medical services or personal dental services with arrangements for the provision of local pharmaceutical services under LPS schemes (within the meaning of paragraph 1(3) of Schedule 8A to the National Health Service Act 1997 or under pilot schemes made under section 28 of the Health and Social Care Act 2001 .

(3) A pilot scheme may include arrangements for the provision of services—

(a) which are not personal medical services or personal dental services; but

(b) which (not being primary medical services) may be provided under Part I of the National Health Service Act 1977 or (as the case may be) Part I or III of the National Health Service (Scotland) Act 1978.

(4) In this Act “piloted services” means services provided in accordance with a pilot scheme (including any services to which the scheme applies by virtue of subsection (3)).

(5) Except to such extent as may be prescribed—

(a) a patient for whom personal medical services are provided under a pilot scheme is not to count as a person for whom arrangements must be made by the authority concerned under section 29 of the 1977 Act or section 19 of the 1978 Act;

(b) a patient for whom personal dental services are provided under a pilot scheme is not to count as a person for whom arrangements must be made by the authority concerned under section 35 of the 1977 Act or section 25 of the 1978 Act.

(6) Regulations may provide—

(a) for functions which are exercisable by a Strategic Health Authority or aHealth Authority in relation to a pilot scheme to be exercisable on behalf of the Authority by a Health Board; and

(b) for functions which are exercisable by a Strategic Health Authority or a Health Board in relation to a pilot scheme to be exercisable on behalf of the Board by a Health Authority.

(7) The functions of an NHS trust and a Primary Care Trust include power to provide piloted services, and to do so as a member of a qualifying body (within the meaning of section 2 or 3).

(8) For the purposes of this Part—

“authority” means—

(a) in relation to England, a Strategic Health Authority;

(aa) in relation to Wales, a Health Authority; and

(b) in relation to Scotland, a Health Board;

“personal medical services” means medical services of a kind that may be provided by a general medical practitioner in accordance with arrangements made under Part II of the 1977 Act or (as the case may be) Part II of the 1978 Act; and

“personal dental services” means dental services of a kind that may be provided by a general dental practitioner (or, in England and Wales, a dental corporation) in accordance with arrangements made under Part II of the 1977 Act or (as the case may be) Part II of the 1978 Act.

Provision of personal medical services under a pilot scheme

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(1) This section applies to any pilot scheme under which personal medical services are provided.

(2) An agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme may be made by an authority only with one or more of the following—

(a) an NHS trust;

(b) a suitably experienced medical practitioner;

(d) a qualifying body;

(e) an individual who is providing personal medical services under that or another pilot scheme.

(f) a Primary Care Trust

(3) In this section—

“NHS employee” means an individual who, in connection with the provision of services in the health service, is employed by—an NHS trust;a medical practitioner whose name is included in a medical list; ora medical practitioner who is providing personal medical services in accordance with a pilot scheme;

“pilot scheme employee” means an individual who, in connection with the provision of personal medical services in accordance with a pilot scheme, is employed by an individual providing those services;

“qualifying body” means a company which is limited by shares all of which are legally and beneficially owned by persons falling within paragraph (a), (b), (c) (e) or (f) of subsection (2).

(4) For the purposes of this section, a medical practitioner is suitably experienced if he is suitably experienced for the purposes of section 11 of this Act, section 31 of the 1977 Act or section 21 of the 1978 Act.

(5) In this Part, “medical list” means—

(a) in relation to England and Wales, a list prepared in accordance with regulations made under section 29(2)(a) of the 1977 Act;

(b) in relation to Scotland, a list prepared in accordance with regulations made under section 19(2)(a) of the 1978 Act.

Provision of personal dental services under a pilot scheme

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(1) This section applies to any pilot scheme under which personal dental services are provided.

(2) An agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme may be made by an authority only with one or more of the following—

(a) an NHS trust;

(b) a dental practitioner whose name is included in a dental list;

(d) a qualifying body;

(e) an individual who is providing personal dental services under that or another pilot scheme.

(f) a Primary Care Trust

(3) In this section—

“dental list” means—in relation to England and Wales, a list prepared in accordance with regulations made under section 36(1)(a) of the 1977 Act;in relation to Scotland, a list prepared in accordance with regulations made under section 25(2)(a) of the 1978 Act;

“NHS employee” means an individual who, in connection with the provision of services in the health service, is employed by—an NHS trust;a dental practitioner whose name is included in a dental list; ora dental practitioner who is providing personal dental services in accordance with a pilot scheme;

“pilot scheme employee” means an individual who, in connection with the provision of personal dental services in accordance with a pilot scheme, is employed by an individual providing those services;

“qualifying body” means—a body corporate which, in accordance with the provisions of Part IV of the Dentists Act 1984, is entitled to carry on the business of dentistry; ora company which is limited by shares all of which are legally and beneficially owned by persons falling within paragraph (a), (b), (c) (e) or (f) of subsection (2).

Proposals for pilot schemes

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(1) Before any pilot scheme may be made, the authority concerned must prepare proposals for the scheme and submit them to the Secretary of State.

(2) An authority must prepare and submit such proposals if they are asked to do so by a person—

(a) who wishes to provide piloted services, and

(b) with whom an agreement which constitutes, or is part of, a pilot scheme may be made;

but otherwise they may not do so.

(3) A request to an authority under subsection (2) must—

(a) be made in writing; and

(b) comply with such requirements (if any) as may be prescribed.

(4) In preparing proposals for a pilot scheme, an authority must comply with any directions given to them by the Secretary of State as to the matters to be dealt with, and information to be included, in the proposals.

(5) Before submitting proposals for a pilot scheme, an authority must (in addition to complying with any requirements about consultation imposed by or under any other enactment) comply with any directions given to them by the Secretary of State about the extent to which, and manner in which, they are to consult on the proposals.

(6) The Secretary of State may give directions as to—

(a) the matters to which an authority must have regard in making any recommendation to the Secretary of State when submitting proposals for a pilot scheme; and

(b) the form in which any such recommendation is to be made.

Approval of pilot schemes

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(1) If proposals for a pilot scheme are submitted to the Secretary of State under section 4, he must—

(a) approve them as submitted;

(b) make such modifications as he considers appropriate and approve them as modified; or

(2) The Secretary of State may not approve proposals for a pilot scheme unless he is satisfied that they include satisfactory provision for any participant other than the authority to withdraw from the scheme if he wishes to do so.

(3) Subsection (4) applies if—

(a) the Secretary of State intends to approve proposals for a pilot scheme; and

(b) it appears to him that the effect of implementing the proposals would be to increase or reduce the number of general practitioners in the area of the authority concerned.

(4) The Secretary of State must have regard to the effect that the proposals, as he intends to approve them, are likely to have on—

(a) the distribution of general practitioners in England, in the case of proposals submitted by an authority in England;

(b) the distribution of general practitioners in Scotland, in the case of proposals submitted by an authority in Scotland;

(5) In carrying out his functions under subsection (4) in relation to the distribution of general practitioners in Scotland, the Secretary of State must consult the Scottish Medical Practices Committee.

(6) The Secretary of State must notify the authority concerned, in writing, of any decision made under this section.

(7) In this section “general practitioner” means any medical practitioner who is providing general medical services or performing personal medical services.

Making of pilot schemes

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(1) If the Secretary of State approves proposals for a pilot scheme and notifies the authority concerned in accordance with section 5, the authority must implement the proposals in accordance with directions given by the Secretary of State.

(2) A proposed participant in a pilot scheme (other than the authority concerned) 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 the Secretary of State agrees to the variation or—

(a) directions given by the Secretary of State (either under subsection (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, the authority concerned must (in accordance with any directions given to them by the Secretary of State) publish details of the scheme.

Reviews of pilot schemes

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(1) At least one review of the operation of each pilot scheme must be conducted by the Secretary of State.

(2) Each pilot scheme must be reviewed under this section before the end of the period of three years beginning with the date on which piloted services are first performed under the scheme.

(3) When conducting a review of a pilot scheme, the Secretary of State must give—

(a) the authority concerned, and

(b) any person providing services under the scheme,

an opportunity to comment on any matter relevant to the review.

(4) Otherwise, the procedure on any review is to be determined by the Secretary of State.

Variation and termination of pilot schemes

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(1) The Secretary of State may by directions require a pilot scheme to be varied by the authority concerned in accordance with the directions.

(2) Directions under subsection (1) may be given—

(a) in response to a request made by the authority or by any other participant in the scheme; or

(b) on the Secretary of State’s own initiative.

(3) The Secretary of State may give directions authorising authorities to vary pilot schemes (otherwise than in response to directions given under subsection (1)) in such circumstances, and subject to such conditions, as may be specified in the directions.

(4) If the Secretary of State is satisfied that a pilot scheme is (for any reason) unsatisfactory, he may give directions to the authority concerned requiring them to bring the scheme to an end in accordance with the terms of the directions.

General

Relationship between this Part and the 1977 Act

9

(1) The provisions of the 1977 Act, apart from section 16D (power of Secretary of State to direct a Health Authority to exercise his functions), apply in relation to functions of the Secretary of State under this Part (exercisable in relation to England and Wales) as if they were functions of his under Part I of the 1977 Act.

(1A) In subsection (1), the words from “, apart from” to “functions),” have effect only in relation to Wales.

(2) The 1977 Act (and in particular section 17) has effect in relation to piloted services—

(a) subject to any provision of, or made under, this Part; but

(b) otherwise as if those services were provided as a result of the delegation by the Secretary of State (by directions given under section 16D of the 1977 Act) of functions of his under Part I of that Act.

(3) The functions of a Health Authority in relation to piloted services are primary functions of the Authority for the purposes of the National Health Service and Community Care Act 1990.

Relationship between this Part and the 1978 Act

10

(1) The provisions of the 1978 Act apply in relation to functions of the Secretary of State under this Part (exercisable in relation to Scotland) as if they were functions of his under Part I of the 1978 Act.

(2) The 1978 Act (and in particular section 2) has effect in relation to piloted services—

(a) subject to any provision of, or made under, this Part; but

(b) otherwise as if those services were provided as a result of the delegation by the Secretary of State (by regulations made or directions given under section 2 of the 1978 Act) of functions of his under that Act.

Medical practitioners to be suitably experienced

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(1) Any medical practitioner who performs personal medical services in connection with the provision of such services under a pilot scheme must be suitably experienced.

(2) Subsection (1) does not prevent the performance of personal medical services by—

(a) a person who is acting in the course of acquiring the experience prescribed by regulations made under section 32 of the 1977 Act or section 22 of the 1978 Act;

(b) a person who is provisionally registered under section 15 or 21 of the Medical Act 1983, acting in the course of his employment in a resident medical capacity in an approved medical practice (within the meaning of section 11(4) of that Act); or

(3) Sections 31(2) and 32 of the 1977 Act (meaning of “suitably experienced”) apply for the purposes of this section as they apply for the purposes of section 31 of that Act.

(4) In its application by virtue of subsection (3), section 32 of the 1977 Act is to be read as if references to the applicant were references to a medical practitioner who is proposing to perform personal medical services in connection with the provision of such services under a pilot scheme.

(5) Sections 21(2) and 22 of the 1978 Act (meaning of “suitably experienced”) apply for the purposes of this section as they apply for the purposes of section 21 of that Act.

(6) In its application by virtue of subsection (5), section 22(2) of the 1978 Act is to be read as if references to the applicant were references to a medical practitioner who is proposing to perform personal medical services in connection with the provision of such services under a pilot scheme.

Leaving medical lists

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(1) Except in such circumstances and to such extent as may be prescribed, a medical practitioner who performs personal medical services in connection with the provision of such services under a pilot scheme may not provide general medical services under Part II of the 1977 Act or Part II of the 1978 Act.

(2) Except in such circumstances as may be prescribed, a Primary Care Trust, Health Authority or Health Board must remove from their medical list the name of any medical practitioner who is performing personal medical services in connection with the provision of such services under a pilot scheme made by any authority.

Preferential treatment on transferring to medical lists

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(1) Before the Secretary of State approves a pilot scheme, he must determine whether a participating medical practitioner is to be given preferential treatment under Schedule 1 if he makes an application for his name to be included in the medical list of the relevant body after ceasing to perform personal medical services under the scheme.

(1A) For the purposes of this section—

(a) where the authority concerned is a Health Authority or a Health Board, the relevant body is that Authority or Board;

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