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Health and Social Care Bill

moved Amendment No. 5: 5: After Clause 140, insert the following new Clause— ““Remuneration for persons providing pharmaceutical services: appointment of determining authorities (1) In section 164 of the National Health Service Act 2006 (c.41) (remuneration for persons providing pharmaceutical services)— (a) after subsection (4) insert— ““(4A) An instrument of appointment— (a) must be contained in regulations if it provides for the appointment of a Primary Care Trust or other person as a determining authority in relation to the remuneration to be paid to persons who provide services under section 126, and (b) if paragraph (a) does not apply, may be contained in regulations.””, and (b) in subsection (5), omit paragraph (b) and the word ““and”” immediately preceding it. (2) In section 88 of the National Health Service (Wales) Act 2006 (c. 42) (remuneration for persons providing pharmaceutical services)— (a) after subsection (4) insert— ““(4A) An instrument of appointment— (a) must be contained in regulations if it provides for the appointment of a Local Health Board or other person as a determining authority in relation to the remuneration to be paid to persons who provide services under section 80, and (b) if paragraph (a) does not apply, may be contained in regulations.””, and (b) in subsection (5), omit paragraph (b) and the word ““and”” immediately preceding it.”” The noble Baroness said: My Lords, I shall speak also to government Amendments Nos. 7 to 9, 13 and 14. I will be brief because your Lordships are very familiar with the issue: the funding of community pharmaceutical services. Section 164 of the National Health Service Act 2006 allows the Secretary of State to authorise any primary care trust or other person to exercise the functions of a determining authority when setting or varying remuneration for those providing NHS pharmaceutical services. There is corresponding provision in the National Health Service (Wales) Act 2006. As it stands, the authorisation may be, but is not required to be, set out in regulations. Noble Lords tabled a number of amendments that sought to remove this discretion in respect of payment for the essential services that all pharmaceutical services provide. I fully appreciate the intention to ensure that we continue to support the vital role of community pharmacies. As noble Lords know, the Government have repeatedly given a commitment, both in public consultation and during the passage of the Bill, that the Secretary of State will continue to set the fees and allowances for the national elements of the community pharmacy contractual framework. However, the noble Earl, Lord Howe, and the noble Baronesses, Lady Barker and Lady Finlay, put forward persuasive arguments as to why we should look at this again and we undertook to consider whether an amendment might be appropriate. I am therefore pleased to be able to put forward Amendment No. 5. The amendment will ensure that where the Secretary of State appoints someone to be the determining authority in respect of essential services, this must be done by regulations. That will apply to services provided under both Section 126 of the National Health Service Act 2006 and Section 80 of the National Health Service (Wales) Act 2006. Government Amendments Nos. 7 to 9, 13 and 14 are consequential to this change. I hope these amendments will provide noble Lords with the reassurance that they sought. I beg to move.