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Health and Social Care Bill

Lords amendment No. 50 introduces a new clause into the Bill to amend section 164 of the National Health Service Act 2006, which allows the Secretary of State to authorise any primary care trust or other person to exercise the functions of determining authorities in relation to the making or varying of a determination on the remuneration for those providing NHS pharmaceutical services. There is corresponding provision in the National Health Service (Wales) Act 2006. The Government have repeatedly given a commitment, both in the public consultation and during the passage of the Bill, that the Secretary of State would continue to set the fees and allowances for the national elements of the community pharmacy contractual framework. However, we recognised the concerns raised during the passage of the Bill in this House and the other place that that might change in future. Amendment No. 50 addresses those concerns by ensuring that if, in future, a decision were made to appoint primary care trusts or other persons as determining authorities for the remuneration of those providing pharmaceutical services under section 126 of the National Health Service Act 2006, that may be done only through regulations. There are also a number of related consequential amendments as a result of amendment No. 50.