Health and Social Security Act 1984

Contents

5Family Practitioner Committees.#

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

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

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

(4)Schedule 3 to this Act shall have effect.

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

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

(7)The Secretary of State may by order make such repeals in or other modifications of any enactment or instrument as appear to him to be necessary or expedient in consequence of subsection (1), (2) or (4) above.

(8)An order under subsection (5) or (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6Finance in National Health Service.#

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

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

(3)The following subsection shall be inserted after subsection (1) of section 85 of the ^noteNational Health Service (Scotland) Act 1978 (expenses)—“1A The date on which an allotment under subsection (1) above (including an allotment increasing or reducing an allotment previously made) takes effect is the date on which the body receiving the allotment are notified of its amount by the Secretary of State.”

(4)In subsection (11) of section 121 of the ^noteMental Health Act 1983 (Mental Health Act Commission) for the words “sub-paragraphs (4) and (5) were omitted” there shall be substituted the words “ the reference to a member in sub-paragraph (4) included a reference to the chairman. ”.

7Professional remuneration in National Health Service.#

(1)The following shall be inserted after section 43 of the ^noteNational Health Service Act 1977—“43A 1 Regulations shall make provision as to the remuneration to be paid to persons who provide general medical services, general dental services, general ophthalmic services or pharmaceutical services under this Part of this Act.2 Subject to sections 29(4) and 35(2) above, remuneration under the regulations may consist of payments by way of—a salary;b fees;c allowances;d reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services,and the regulations may provide that the remuneration shall be determined from time to time by such authority as may be specified.3 If section 10 of the National Health Service Act 1966 is brought into operation, upon the date of its commencement the words “section 10 of the National Health Service Act 1966 and section” shall be substituted for the words “sections 29(4) and” in subsection (2) above.”

(2)The following shall be inserted after section 28 of the ^noteNational Health Service (Scotland) Act 1978—“28A 1 Regulations shall make provision as to the remuneration to be paid to persons who provide general medical services, general dental services, general ophthalmic services or pharmaceutical services under this Part of this Act.2 Subject to sections 19(3) and 25(3), remuneration under the regulations may consist of payments by way of—a salary;b fees;c allowances;d reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services,and the regulations may provide that the remuneration shall be determined from time to time by such authority as may be specified.3 If section 10 of the National Health Service Act 1966 is brought into operation, upon the date of its commencement the words “section 10 of the National Health Service Act 1966 and section” shall be substituted for the words “sections 19(3) and” in subsection (2) above.”

(3)The following section shall be added after each of the sections inserted by subsections (1) and (2) above, as section 43B of the ^noteNational Health Service Act 1977 and section 28B of the ^noteNational Health Service (Scotland) Act 1978—“1 The authority specified in regulations under the preceding section may be the Secretary of State or some other person or persons and is referred to in this section as a “determining authority”.2 The power conferred by the preceding section includes power to make regulations providing for a determination in more than one stage and by more than one determining authority.3 Regulations under the preceding section shall provide—a that a determination may be made with respect either to any of the descriptions of services mentioned in subsection (1) of the preceding section generally or to any category of services falling within such a description;b that, before making such a determination, the determining authority shall consult—i a prescribed body established to provide advice in connection with the matters to be determined; orii an organisation appearing to the Secretary of State to be representative of persons to whose remuneration the determination would relate.or both such a body and such an organisation.4 Regulations under the preceding section may provide—a that a determination such as is mentioned in subsection (3) above shall have effect in relation to remuneration in respect of a period beginning on or after a date specified in the determination, which may be the date of the determination or an earlier or later date, but may be an earlier date only if, taking the determination as a whole, it is not detrimental to the persons to whose remuneration it relates; andb that any such determination which does not specify such a date shall have effect in relation to remuneration in respect of a period beginning—i if it is required to be published, on the date of publication;ii if it is not so required, on the date on which it is made.5 Regulations under the preceding section may provide—a for determinations of the remuneration of particular persons or descriptions of persons for particular items of service or in particular circumstances;b that a determining authority shall have a discretion, when making a determination by virtue of this subsection,—i as to the amount of remuneration to be paid; andii as to the persons to whom and conditions on which it is to be paid; andc that a determination made by virtue of this subsection may be revised—i to correct an error; orii where it appears to the determining authority that it was made in ignorance of or under a mistake as to a relevant fact.6 Regulations under the preceding section may provide—a that determinations may be made by reference to any of the following—i rates or conditions of remuneration of any persons or any descriptions of persons which are fixed or determined, or to be fixed or determined, otherwise than by way of a determination under the regulations;ii scales, indices or other data of any description specified in the regulations; andb that any determination which in accordance with regulations made by virtue of paragraph (a)(ii) above falls to be made by reference to a scale or an index or to any other data may be made not only by reference to that index or scale or those data in the form current at the time of the determination but also by reference to the scale, index or data in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.7 Any determination under regulations under the previous section shall be made after taking into account all the matters which are considered to be relevant by the determining authority and, without prejudice to the generality of this subsection, such matters may include—a the amount or estimated amount of expenses (taking into account any discounts) incurred in the past or likely to be incurred in the future (whether or not by persons to whose remuneration the determination will relate) in connection with the provision of services of a kind to which the determination will relate;b the amount or estimated amount of any remuneration paid or likely to be paid to persons providing such services;c the amount or estimated amount of any other payments or repayments or other benefits received or likely to be received by any such persons;d the extent to which it is desirable to encourage the provision of particular descriptions of services either generally or in particular localities;e the desirability of promoting services which are—i economic and efficient; andii of an appropriate standard.”

(4)Any determination in relation to remuneration in respect of services under Part II of the ^noteNational Health Service Act 1977 or Part II of the ^noteNational Health Service (Scotland) Act 1978 which was made—

(a)before the passing of this Act; or

(b)after it but at a time before the coming into force of a provision inserted by this section,

shall be deemed to be validly made if regulations authorising such a determination could have been made had that provision been in force at that time.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

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9Holidays for patients etc.#

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

(2)The following section shall be added after section 99 of the National Health Service (Scotland) Act 1978—“99A The Secretary of State’s functions may be performed outside Scotland, in so far as they relate—a to holidays for patients;b to the transfer of patients to or from England, Wales, Northern Ireland, the Isle of Man or the Channel Islands; orc to the return of patients who have received treatment in Scotland to countries or territories outside the British Islands.”

Optical appliances

1Supply etc. of optical appliances.#

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

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

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

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

(5)The following provisions of section 26 of the ^noteNational Health Service (Scotland) Act 1978 (arrangements for provision of general ophthalmic services) shall cease to have effect—

(a)subsection (1)(b); and

(b)in subsection (2)(c), the words “and the ophthalmic or dispensing optician who is to supply the appliances”.

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

(7)The amendments of the ^noteNational Health Service (Scotland) Act 1978 contained in Part II of that Schedule shall have effect in consequence of subsection (5) above.

2–4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

Treatment in European Economic Community

10Reimbursement of cost of medical and maternity treatment in member States of European Economic Community.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II · Social Security

15Attendance allowance: daily entitlement.#

(1)In this section—• “the 1975 Regulations” means the ^noteSocial Security (Claims and Payments) Regulations 1975;• “the 1977 amendment Regulations” means the ^noteSocial Security (Attendance Allowance) Amendment Regulations 1977• “the 1979 Regulations” means the ^noteSocial Security (Claims and Payments) Regulations 1979;• “the 1980 amendment Regulations” means the ^noteSocial Security (Attendance Allowance) Amendment Regulations 1980;• “regulation 16A” means regulation 16A of the 1975 Regulations, which was added by regulation 9 of the 1977 amendment Regulations;• “regulation 18” means regulation 18 of the 1979 Regulations, both as originally made and as substituted by regulation 6(2) of the 1980 amendment Regulations;• “appropriate pay day” means a day for payment under regulation 15(7) of the 1975 Regulations or regulation 16(7) of the 1979 Regulations of weekly sums on account of an attendance allowance; and• “13 week period” means the period mentioned in regulation 16A or regulation 18.

(2)Regulation 16A and regulation 18 shall be deemed always to have had effect as if—

(a)the words “Notwithstanding anything in the foregoing provisions of these regulations” were inserted at the beginning;

(b)any reference to attendance allowance being payable for a period were a reference to attendance allowance which would have been payable for that period but for—

(i)regulation 15(9) or (10) of the 1975 Regulations; or

(ii)regulation 16(10) or (11) of the 1979 Regulations; and

(c)in relation to any case where a 13 week period does not end on an appropriate pay day, any reference to a 13 week period in paragraph (1) were a reference to that period together with any days after its end but before the next appropriate pay day.

19Accrued rights and entitlement to benefits under occupational pension schemes.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20Protection of pensions.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21Miscellaneous social security amendments.#

The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments there specified.

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11–14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

16–18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

Part III · Supplementary

23Expenses.#

Any expenses of the Secretary of State incurred in consequence of the provisions of this Act, including any increase attributable to those provisions in sums provided under any other Act, shall be defrayed out of money provided by Parliament.

24Repeals.#

The enactments specified in Schedule 8 to this Act are repealed to the extent specified in the third column of that Schedule.

25Northern Ireland.#

(1)An Order in Council under paragraph 1(1)(b) of Schedule 1 to the ^noteNorthern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes to which this section applies—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b)shall be subject to annulment in pursuance of a resolution of either House.

(2)The purposes to which subsection (1) above applies are purposes corresponding to those—

(a)of section 1(3), (4) and (6) above;

(b)of section 7(1), (3) and (4) above;

(c)of Part II above; and

(d)of this Part.

26Extent.#

(1)The following provisions of this Act—

(2)The following provisions of this Act—

(3)Section 25 above extends to Northern Ireland only.

(4)The following provisions of this Act—

(5)Section 11(2) above, so far as it relates to paragraph 2 of Schedule 4, extends to England and Wales, Scotland and Northern Ireland.

(6)The following provisions of this Act also extend to England and Wales, Scotland and Northern Ireland—

(7)Where any enactment repealed by this Act extends to any part of the United Kingdom, the repeal extends to that part.

27Commencement.#

(1)Subject to the following provisions of this section, the provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.

(2)The following provisions of this Act shall come into force on the day this Act is passed—

(3)The following provisions of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed—

28Transitional.#

(1)The Secretary of State may by regulations made by statutory instrument make such transitional provision or saving as he considers necessary or expedient in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(2)Without prejudice to the generality of subsection (1) above, regulations under this section may provide that references to dispensing opticians in the ^noteNational Health Service Act 1977 or the ^noteNational Health Service (Scotland) Act 1978 shall be treated as including suppliers of optical appliances who are not dispensing opticians as defined in those Acts.

(3)Section 126(4) of the National Health Service Act 1977 and section 105(7) of the National Health Service (Scotland) Act 1978 shall have effect in relation to the power to make regulations under this section containing any such provision as is mentioned in subsection (2) above as if that subsection were contained in each of those Acts.

(4)Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

29Citation.#

(1)This Act may be cited as the Health and Social Security Act 1984.

(2)Part II of this Act and section 24 above, so far as it relates to Part II of Schedule 8 to this Act, may be cited together with the Social Security Acts 1975 to 1982 as the Social Security Acts 1975 to 1984.

Schedule 1 · Optical Appliances

Part II · Amendments of National Health Service (Scotland) Act 1978

(1)In subsection (1) of section 26 (general ophthalmic services) of the ^noteNational Health Service (Scotland) Act 1978, for the words “with ophthalmic opticians and with dispensing opticians” there shall be substituted the words “ and with ophthalmic opticians ”.

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

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

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

(5)In sub-paragraph (1) of paragraph 2 of Schedule 11 to that Act (charges for dental or optical appliances) the following entry shall be substituted for the words from “ Glasses ” to the end—“”

(6)In paragraph 2 of Schedule 11, in sub-paragraph (7), for the words from the beginning to “testing” there shall be substituted—“7 In sub-paragraph (4), “the relevant time” means—a in relation to a dental appliance supplied otherwise than under Part II, the time of the examination leading to the supply of the appliance, or the first such examination;”

(7)The following paragraph shall be inserted after that paragraph—“2A 1 It shall be the duty of the Secretary of State to provide by regulations for payments to be made by him or by a Health Board to meet, or to contribute towards, the cost incurred (whether by way of charge under this Act or otherwise) for the supply of optical appliances for which a prescription has been given in consequence of a testing of sight under this Act—a for a child;b for a person whose resources fall to be treated under the regulations as being less than his requirements; orc for a person of such other description as may be prescribed.2 In sub-paragraph (1) above “child” means—a a person who is under the age of 16 years; orb a person who is under the age of 19 years and receiving qualifying full-time education.3 Regulations under this paragraph may direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this sub-paragraph, may direct that they shall be calculated—a by reference—i to any enactment; orii to the person’s being or having been entitled to payments under any enactment,either as it has effect at the time when the regulations are made or as amended subsequently; orb by reference to a scale or an index or to any other data either in the form current when the regulations are made or in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.4 If regulations under this paragraph provide for payments to be made by a Health Board, it shall be the duty of the Secretary of State to pay to the Board, in respect of each financial year, the sum attributable to the Board’s disbursements under the regulations.5 Sums falling to be paid in pursuance of regulations made under this paragraph shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.”

Part I · Amendments of National Health Service Act 1977

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

(2)In sub-paragraph (1) of paragraph 2 of Schedule 12 to that Act (regulations for the making and recovery of charges), the following entry shall be substituted for the words from “ Glasses ” to “ cost ”, in the first place where it occurs—“”

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

Schedule 3 · Family Practitioner Committees

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

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

(3)In section 22 (co-operation between health authorities and local authorities)—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

(6)In subsection (1) of section 44 (recognition of local representative committees)—

(a)for the words from “area”, in the first place where it occurs, to “Authority”, in the second place where it occurs, there shall be substituted the words “ locality of any Family Practitioner Committee ”;

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

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

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

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

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

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)For Part II of Schedule 5 there shall be substituted the following Part—“6 1 Subject to paragraph 7 below, a Family Practitioner Committee shall consist of a chairman and 30 other members.2 The chairman shall be appointed by the Secretary of State.3 The other members shall be appointed by the Secretary of State, as follows—a 8 shall be appointed from persons nominated by the Local Medical Committee for the locality of the Family Practitioner Committee, and one of them shall be, a medical practitioner having the qualifications prescribed in pursuance of section 38 above;b 3 shall be appointed from persons nominated by the Local Dental Committee for that locality;c 2 shall be appointed from persons nominated by the Local Pharmaceutical Committee for that locality;d 1 shall be an ophthalmic optician appointed from persons nominated by such members of the Local Optical Committee for that locality as are ophthalmic opticians;e 1 shall be a dispensing optician appointed from persons nominated by such members of the Local Optical Committee as are dispensing opticians;f 4 shall be appointed from persons nominated by local authorities any part of whose area is in the locality of the Family actitioner Committee;g 4 shall be appointed from persons nominated by District Health Authorities any part of whose district is in the locality of the Family Practitioner Committee; andh 7 shall be appointed after such consultations with such bodies as the Secretary of State considers appropriate.4 One member must be a person who—a is registered in the register of qualified nurses, midwives and health visitors—i as a nurse recorded in the register as having an additional qualification in district nursing;ii as a midwife; oriii as a health visitor; andb has recent experience of providing services to patients (other than patients resident in hospital) in any such capacity.5 If a nomination required for the purposes of sub-paragraph (3) above is not made before such date as the Secretary of State may determine, he may appoint a member without waiting any longer for the nomination.6 No person—a shall be nominated for appointment to a Family Practitioner Committee under sub-paragraph (3)(f) or (g) above or sub-paragraph (5) above; orb shall be appointed to such a Committee under sub-paragraph (3)(f), (g) or (h) above,if he is—i a medical practitioner;ii a dental practitioner;iii an ophthalmic optician;iv a dispensing optician;v a registered pharmacist; orvi a person conducting a business providing any service for the purposes of Part II of this Act.7 If a Local Medical Committee so require, the Secretary of State shall appoint from among medical practitioners having the qualifications prescribed in pursuance of section 38 above and nominated by the Local Medical Committee under sub-paragraph (3)(a) above a medical practitioner to be the deputy of such a practitioner appointed from among persons nominated by them under sub-paragraph (3)(a) above.8 If a Local Optical Committee so require, the Secretary of State shall appoint from among ophthalmic opticians nominated by the Committee under sub-paragraph (3)(d) above an ophthalmic optician to be the deputy of such an optician appointed from among persons nominated by them under sub-paragraph (3)(d) above.9 If a Local Optical Committee so require, the Secretary of State shall appoint from among dispensing opticians nominated by the Committee under sub-paragraph (3)(e) above a dispensing optician to be the deputy of such an optician appointed from among persons nominated by them under sub-paragraph (3)(e) above.10 A deputy may, while the member for whom he is deputy is absent from any meeting of the relevant Family Practitioner Committee, act as a member of that Committee in the place of the absent member.11 The Committee shall appoint one of their members to be vice-chairman.7 1 If it appears to the Secretary of State that, by reason of special circumstances affecting a locality, it is appropriate that the Family Practitioner Committee for that locality should not be in accordance with paragraph 6 above, he may by order provide that that paragraph shall apply in relation to the Committee for that locality with such modifications as are specified in the order.2 Subject to sub-paragraph (3) below, it is the Secretary of State’s duty, before he makes an order under sub-paragraph (1) above, to consult the Family Practitioner Committee for the locality and any District Health Authority any part of whose district is in the locality of the Family Practitioner Committee with respect to the order.3 It shall also be his duty, in making any such order, to have regard to the desirability of maintaining, so far as practicable, the same numerical proportion as between members falling to be appointed in pursuance of paragraph 6 above as there would be if no modification were made.7A 1 Any member of a Family Practitioner Committee appointed by virtue of paragraph 6(3)(e) above shall cease to be a member of the Committee on the day on which the repeal of that paragraph by section 24 of the Health and Social Security Act 1984 comes into force.2 The following paragraph shall be substituted on that day for paragraph 6(3)(e) above—e 1 shall be appointed from persons nominated—i by the Local Medical Committee for the locality of the Family Practitioner Committee;ii by the Local Dental Committee for that locality;iii by the Local Pharmaceutical Committee for that locality; oriv by the Local Optical Committee for that locality;”

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6–8)