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There are currently no known outstanding effects for the Community Care and Health (Scotland) Act 2002, Paragraph 2.
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2(1)The 1978 Act is amended as follows.
(2)In section 16A (payments by Health Boards towards expenditure of others on community services), after subsection (4) there is added—
“(5)This section is without prejudice to section 13 of the Community Care and Health (Scotland) Act 2002 (asp 5) (payments by NHS bodies towards certain local authority expenditure).”.
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In section 29 (the NHS Tribunal)—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in subsection (8)—
F3(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)for the words “this Part” there is substituted “ or by virtue of this Part or Part I of this Act ”.
(5)In section 29A (the NHS Tribunal: supplementary)—
(a)in subsection (3)—
(i)in paragraph (a), after the word “providing” there is inserted “ , or as the case may be performing, ”; and
(ii)in paragraph (b), after the word “provision” there is inserted “ , or performance, ”; and
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In section 29B (powers of NHS Tribunal)—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in subsection (3), after the word “provision” there is inserted “ , or as the case may be performance, ”.
(7)In section 30(4) (construction of references to Health Board)—
(a)after the word “providing” there is inserted “ , or as the case may be performing, ”;
(b)for the words “any corresponding authority” there is substituted “ a reference to any authority which ”; and
(c)at the end there is added “would be entitled to request a review corresponding to that mentioned in the subsection”.
(8)In section 31 (disqualification provisions in England and Wales or Northern Ireland)—
(a)in subsection (1)(a)—
(i)after the word “under”, where it first occurs, there is inserted “ or by virtue of ”;
(ii)for the words “those provisions” there is substituted “ or by virtue of— ” and the following sub-paragraphs—
“(i)those provisions so in force; or
(ii)provisions so in force corresponding to the provisions of Part I of this Act,”; and
(iii)after the word “provide” there is inserted “ , approved to assist in providing or approved to perform ”; and
(b)in subsection (2)—
(i)after the word “provision”, in each of the two places where it occurs, there is inserted “ , assistance in provision or performance ”; and
(ii)at the end there is added “, section 17C arrangements or a pilot scheme”.
(9)In section 32A (applications for interim suspension)—
(a)in subsection (2A)(a), after the word “Part” there is inserted “ , section 17C arrangements or a pilot scheme ”;
(b)in subsection (3)(c), after the word “provision” there is inserted “ or performance ”; and
F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)In section 32B—
(a)in subsection (2)—
(i)in paragraph (a), for the words “direction under section 29(3)(b)” there is substituted “ national disqualification ”; and
(ii)in paragraph (b), for the words “that direction” there is substituted “ the disqualification ”; and
(b)in subsection (3), for the words “32(A)(3)” there is substituted “ 32A(3) ”.
(11)In section 32D (suspension provisions in England and Wales or in Northern Ireland)—
(a)in subsection (1)—
(i)after the words “prepared under” there is inserted “ or by virtue of ”; and
(ii)after the word “Part” there is inserted “ or Part I ”;
(b)in subsection (2)(a), for the words “this Part” there is substituted “ or by virtue of this Part or Part I ”; and
(c)in each of those subsections, after the word “provide” there is inserted “ , approved to assist in providing or approved to perform ”.
(12)In section 108(1) (interpretation), at the appropriate places there are inserted—
F9“...”;
““pilot scheme” has the meaning given by section 1 of the National Health Service (Primary Care) Act 1997 (c.46);”;
““services list” has the meaning indicated in section 17EA(2);”;
““supplementary list” has the meaning indicated in section 24B(2);”.
(13)In paragraph 17 of Schedule 7A, at the beginning there is inserted “Subject to the provisions of any regulations made under section 15(4)(c) of the Community Care and Health (Scotland) Act 2002 (asp 5),”.
Textual Amendments
F1Sch. 2 para. 2(3) repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), s. 9(1), Sch. para. 3(3)(a); S.S.I. 2004/58, art. 2(3)
F2Sch. 2 para. 2(4)(a) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)
F3Sch. 2 para. 2(4)(b)(i) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)
F4Sch. 2 para. 2(4)(b)(ii) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)
F5Sch. 2 para. 2(5)(b) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)
F6Sch. 2 para. 2(6)(a) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)
F7Sch. 2 para. 2(6)(b) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)
F8Sch. 2 para. 2(9)(c) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)
F9Words in Sch. 2 para. 2(12) repealed (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (asp 1), s. 9(1), sch. para. 3(3)(b); S.S.I. 2004/58, art. 2(3)
Commencement Information
I1Sch. 2 para. 2(3)(12) in force at 28.2.2003 by S.S.I. 2003/62, art. 2(1)(c)
I2Sch. 2 para. 2(4)(a) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.
I3Sch. 2 para. 2(4)(a)(b)(iii)(6)(a)(6)(b)(8)(b)(i)(9)(c)(11)(b)(11)(c) in force at 1.4.2004 in so far as not already in force by S.S.I. 2004/33, art. 2(2)(b)
I4Sch. 2 para. 2(4)(b)(i)(5)(b)(7)(8)(a)(10)(11)(a) in force at 4.3.2004 by S.S.I. 2004/33, art. 2(1)(c)
I5Sch. 2 para. 2(4)(b)(i)(ii)(5)(6)(c)(8)(b)(ii)(9)(a)(9)(b)(11)(a) in force at 1.4.2004 by S.S.I. 2004/33, art. 2(2)(b)
I6Sch. 2 para. 2(4)(b)(iii) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.
I7Sch. 2 para. 2(6)(a) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.
I8Sch. 2 para. 2(6)(b) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.
I9Sch. 2 para. 2(8)(b)(i) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.
I10Sch. 2 para. 2(9)(c) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.
I11Sch. 2 para. 2(11)(b) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.
I12Sch. 2 para. 2(11)(c) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.
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