Chwilio Deddfwriaeth

Health Act 1999

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Part III U.K. Miscellaneous and Supplementary

Modifications etc. (not altering text)

C1Pt. III applied to Isles of Scilly (with modifications) (14.3.2001) by S.I. 2001/448, art. 2

MiscellaneousU.K.

60 Regulation of health care and associated professions.U.K.

(1)Her Majesty may by Order in Council make provision—

(a)modifying the regulation of any profession to which subsection (2) applies, so far as appears to Her to be necessary or expedient for the purpose of securing or improving the regulation of the profession or the services which the profession provides or to which it contributes,

(b)regulating any other profession which appears to Her to be concerned (wholly or partly) with the physical or mental health of individuals and to require regulation in pursuance of this section.

[F1(c)modifying the functions, powers or duties of [F2the Council for Healthcare Regulatory Excellence],

(d)modifying the list of regulatory bodies (in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002) in relation to which that Council performs its functions,

(e)modifying, as respects any such regulatory body, the range of functions of that body in relation to which the Council performs its functions.]

F3(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The professions referred to in subsection (1)(a) are—

(a)the professions regulated by F4. . . the M1Medical Act 1983, the M2Dentists Act 1984, the M3Opticians Act 1989, the M4Osteopaths Act 1993 and the M5Chiropractors Act 1994,

[F5(aa)the professions regulated by [F6the Pharmacy Order 2010] and the Pharmacy (Northern Ireland) Order 1976,]

(b)the professions regulated by [F7the Nursing and Midwifery Order 2001] ,

(c)the professions regulated by [F8the Health Professions Order 2001] ,

[F9(ca)the profession regulated by so much of the Hearing Aid Council Act 1968 as relates to dispensers of hearing aids,]

(d)any other profession regulated by an Order in Council under this section.

[F10(2A)Her Majesty may also by Order in Council make provision relating to, or connected with, the functions of the relevant regulatory body in relation to—

(a)the registration of premises under Part 4 of the Medicines Act 1968 (pharmacies),

(b)the regulation of the use of premises for the purposes of a retail pharmacy business, within the meaning of the Medicines Act 1968,

(c)compliance with the provisions of that Act,

(d)compliance with the provisions of the Poisons Act 1972 or the Poisons (Northern Ireland) Order 1976 by persons admitted to practice and persons carrying on a retail pharmacy business, and

(e)the grant of authorisations under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance).

(2B)In subsection (2A) “the relevant regulatory body” means the body (or main body) responsible for the regulation of the professions referred to in subsection (2)(aa).]

(3)The Professions Supplementary to Medicine Act 1960 and the Nurses, Midwives and Health Visitors Act 1997 are to cease to have effect.

(4)Schedule 3 (which makes further provision about Orders under this section) is to have effect.

Textual Amendments

F4Words in s. 60(2)(a) omitted (1.1.2009) and repealed (prosp.) by virtue of Health and Social Care Act 2008 (c. 14), ss. 111, 166, 170(3), Sch. 8 para. 1(3)(a), Sch. 15 Pt. 2; S.I. 2008/3244, art. 3(a)(c)(i)

F7Words in s. 60(2)(b) substituted by The Nursing and Midwifery Order 2001 (S.I. 2002/253), art. 54(3), Sch. 5 para. 16(a) (with savings in art. 3(18) and transitional provisions in art. 54(1), Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F8Words in s. 60(2)(c) substituted by The Health Professions Order 2001 (S.I. 2002/254), art. 48(3), Sch. 4 para. 8(a) (with savings in art. 3(19) and transitional provisions in art. 48(1), Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

Commencement Information

I1S. 60 wholly in force at 1.8.2004; s. 60 not in force at Royal Assent, see s. 67(1); s. 60(3) in force for certain purposes at 1.7.1999, see s. 67(3); s. 60(1)(2)(4) in force at 15.3.2000 by S.I. 2000/779, art. 2(1) (subject to art. 2(2)); s. 60(3) in force for certain further purposes at 11.5.2001 by S.I. 2001/1985, art. 2(2); s. 60(3) in force for certain further purposes at 1.4.2002 by S.I. 2002/1167, arts. 2-5; s. 60(3) in force for certain further purposes at 9.7.2003 by S.I. 2003/1689. {art. 2}; s. 60(3) in force so far as not already in force at 1.8.2004 by S.I. 2004/1859, art. 3

Marginal Citations

[F1160AStandard of proof in fitness to practise proceedingsU.K.

(1)The standard of proof applicable to any proceedings to which this subsection applies is that applicable to civil proceedings.

(2)Subsection (1) applies to any proceedings before—

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a committee of a regulatory body, a regulatory body itself or any officer of a regulatory body,

which relate to a person's fitness to practise a profession to which section 60(2) applies.

(3)In subsection (2) “regulatory body” means the body (or main body) responsible for the regulation of a profession to which section 60(2) applies.

(4)An Order in Council under section 60 may not—

(a)amend this section, or

(b)make any provision that is inconsistent with subsection (1).]

Textual Amendments

F11S. 60A inserted (3.11.2008 for specified purposes) by Health and Social Care Act 2008 (c. 14), ss. 112, 170(3); S.I. 2008/2717, art. 2

F12S. 60A(2)(a) and following word omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 72(5); S.I. 2012/1319, art. 2(3)

61 English and Scottish border provisions.U.K.

(1)Her Majesty may by Order in Council provide for any functions to which subsection (2) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in English border areas, to be exercisable (instead of any corresponding function to which subsection (4) applies) in respect of the provision of the services in question to persons in Scottish border areas who are specified in the Order.

(2)This subsection applies to any functions under [F13the National Health Service Act 2006, or the National Health Service (Wales) Act 2006]F14. . . which are exercisable by the Secretary of State or any [F15Strategic Health Authority] or Primary Care Trust.

(3)Her Majesty may by Order in Council provide for any functions to which subsection (4) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in Scottish border areas, to be exercisable (instead of any corresponding function to which subsection (2) applies) in respect of the provision of the services in question to persons in English border areas who are specified in the Order.

(4)This subsection applies to any functions under the 1978 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Scottish Ministers or any Health Board or NHS trust established under the 1978 Act.

(5)In this section—

  • English border area” means the area of any [F16Primary Care Trust] adjacent to Scotland,

  • Scottish border area” means the area of any Health Board adjacent to England.

SupplementaryU.K.

62 Regulations and orders.U.K.

(1)Any power to make regulations or an order under this Act is exercisable by statutory instrument [F17F18. . . ].

[F19(2)Directions under section 20 or 28 or Schedule 2, or by virtue of section 38(1)(b), are to be given by an instrument in writing.]

(3)F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(4)Any power under this Act to make Orders in Council or orders—

(a)may be exercised either in relation to all cases to which the power extends, or in relation to all cases subject to specified exceptions, or in relation to any specified cases or classes of case,

(b)may be exercised so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii)the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

(iii)any such provision either unconditionally or subject to any specified condition, and

(c)may, in particular, be exercised so as to make different provision for different areas.

(4A)Any such power includes power—

(a)to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the person exercising the power considers to be expedient, and

(b)to provide for a person to exercise a discretion in dealing with any matter.]

(5)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Subject to the following subsections, a statutory instrument containing subordinate legislation under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Subsection (6) does not apply to—

(a)an order under section 63 which contains only provision for or in connection with the transfer of any property, rights or liabilities, or

(b)an order under section 67.

[F23(8)No order is to be made under section 37(10) unless a draft has been laid before, and approved by resolution of, each House of Parliament.]

(9)No recommendation is to be made to Her Majesty to make an Order in Council under section 60 unless a draft has been laid before, and approved by resolution of, each House of Parliament.

(10)But if any provision made by an Order in Council under that section would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament [F24and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence], no recommendation is to be made to Her Majesty to make the Order unless a draft—

(a)has been laid before, and approved by resolution of, each House of Parliament, and

(b)has been laid before, and approved by resolution of, the Scottish Parliament.

(11)No recommendation is to be made to Her Majesty to make an Order in Council under section 61 unless a draft—

(a)has been laid before, and approved by resolution of, each House of Parliament, and

(b)has been laid before, and approved by resolution of, the Scottish Parliament.

Textual Amendments

F17Words in s. 62(1) inserted (1.8.2001 for E. and 1.11.2004 for W.) by 2001 c. 15, ss. 48(3), 70(2) (with ss. 64(a), 65(4)); S.I. 2001/2804, art. 2(1)(a); S.I. 2004/1754, art. 2(2)(a)

F19S. 62(2) repealed by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 6, Sch. 4 (with Sch. 2 Pt. 1), the repeal coming into force for certain purposes at 1.3.2007 and otherwise in accordance with s. 8(2)(7) of the repealing Act

F23S. 62(8) repealed by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 6, Sch. 4 (with Sch. 2 Pt. 1), the repeal coming into force in accordance with s. 8(2)(8) of the repealing Act

63 Supplementary and consequential provision etc.U.K.

(1)The Secretary of State may by order make—

(a)such supplementary, incidental or consequential provision, or

(b)such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2)The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.

Modifications etc. (not altering text)

C2S. 63: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 (as inserted (30.6.1999) by 1999 c. 8, ss. 66(4)(5)(c), 67(4))

64 Interpretation.U.K.

In this Act—

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • the 1978 Act” means the M6National Health Service (Scotland) Act 1978,

  • F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • enactment” includes an enactment whenever passed or made,

  • NHS trust” has the same meaning—

    (a)

    F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (b)

    in Part II of this Act as in the 1978 Act.

Textual Amendments

F25S. 64: definition of "the 1977 Act" repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1)

F26S. 64: definition of "the 1990 Act" repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1)

F28S. 64: para. (a) in definition of "NHS Trust" repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1)

Marginal Citations

Final provisionsU.K.

65 Amendments and repeals.U.K.

(1)Schedule 4 (amendments of enactments) is to have effect.

(2)The repeals set out in Schedule 5 (which include the repeal of an enactment which is spent) are to have effect.

Commencement Information

I2S. 65 partly in force; s. 65(2) in force at 1.7.1999 for certain purposes, see s. 67(1)(3); s. 65 in force for further purposes as follows: for E. at 1.9.1999 by S.I. 1999/2342, art. 2(1), Sch. 1; for E. at 1.10.1999 by S.I. 1999/2540, art. 2(1)(a), Sch. 1; for S. at 1.10.1999 by S.S.I 1999/90, art. 2(1)(a), Sch. 1; for E. at 1.11.1999 by S.I. 1999/2793, art. 2(1)(a), Sch. 1; for E.W. at 1.11.1999 by S.I. 1999/2793, art. 2(1)(b), Sch. 2; at 1.11.1999 by S.I. 1999/2793, art. 2(1)(d); for W. at 1.11.1999 by S.I. 1999/3184, art. 2(1), Sch. 1; for W. at 1.12.1999 by S.I. 1999/3184, art. 2(2), Sch. 2; for E. at 4.1.2000 by S.I. 1999/2342, art. (2)(3)(a), Sch. 2; for E.W. at 4.1.2000 by S.I. 1999/2342, art. 2(3)(b); for E. at 4.1.2000 by S.I. 1999/2540, art. 2(2); for E. at 1.4.2000 by S.I. 1999/2342, art. 2(4)(a), Sch. 3; for E.W. at 1.4.2000 by S.I. 1999/2342, art. 2(4)(b); for E.W. at 1.4.2000 by S.I. 1999/2793, art. 2(3)(a)(c), Sch. 3; for W. at 1.4.2000 by S.I. 2000/1026, art. 2(1), Sch.; for E.W. at 1.4.2000 by S.I. 2000/1041, art. 2(c); for W. at 1.12.2000 by S.I. 2000/2991, art. 2(1), Sch. 1; for W. at 1.1.2001 by S.I. 2000/2991, art. 2(2), Sch. 2; for E.W. at 9.2.2001 by S.I. 2001/270, art. 2(b); for S. at 31.1.2004 and 4.3.2004 by S.S.I. 2004/32, art. 2(1)(b)(2)(b); for E. at 1.8.2004 by S.I. 2004/1859, arts. 4, 6

66 Devolution.U.K.

(1)For the purposes of the M7Scotland Act 1998, any provision of this Act which extends to Scotland is to be taken to be a pre-commencement enactment within the meaning of that Act; but this subsection does not apply to section 22.

(2)The power of a Minister of the Crown under section 67 to appoint a day for any of the following provisions to come into force in relation to Wales—

(a)sections 1 to 8 and 10 to 18 and Schedule 1,

(b)sections 26 to 32,

(c)section 65(1) and Schedule 4, so far as concerns the following provisions of that Schedule: paragraphs 1 to 16, 23 to 26, 27(a), 28 to 35, 37, 38 (except sub-paragraph (2)(b) and (d)), 39, 40, 71, 72, 74, 75, 76(b), 77 to 80, 81 (except sub-paragraph (2)(b)), 83, 84, 85 (except sub-paragraph (2)(a)) and 87 to 90,

is exercisable instead by the National Assembly for Wales.

(3)In Schedule 5 to the M8Government of Wales Act 1998 (bodies and offices covered by section 74), after paragraph 12 there is inserted—

12AThe Commission for Health Improvement.

(4)The National Assembly for Wales (Transfer of Functions) Order 1999 is amended as follows; and those amendments are to have effect as if made by an Order in Council under section 22 of the M9Government of Wales Act 1998 (transfer of Ministerial functions).

(5)In Schedule 1—

(a)in the entry for the 1977 Act, after paragraph (c) there is inserted—

(cc)section 43C;

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,

(b)at the end of the entry for the 1990 Act, there is inserted—

The references above to paragraph 1 of Schedule 3 are references to that paragraph before the amendments made by section 17 of the M10Health Act 1999.

The Treasury consent requirement under paragraph 8 of that Schedule (inserted by Schedule 4 to the Health Act 1999), so far as relating to the matters referred to in paragraph (b) of that paragraph, shall continue in effect.,

(c)after the entry for the M11National Minimum Wage Act 1998 there is inserted—

In the Health Act 1999—

(a)Part I and Schedule 4, except sections 20(1), 22 and 33 to 38 and Schedule 2 (other than paragraph 2);

(b)section 63, so far as it relates to any of the provisions which, by virtue of section 66(2), may be brought into force by the Assembly.

(6)F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

P1S. 66(2) power partly exercised (27.3.2000): 1.4.2000 appointed for specified provisions by S.I. 2000/1026, art. 2(1), Sch. (with art. 2(2))

S. 66(2) power partly exercised (7.11.2000): different dates appointed for specified provisions by S.I. 2000/2991, art. 2, Sch. 1, Sch. 2

Textual Amendments

F29Words in s. 66(5) repealed by 2001 c. 15, ss. 67, 70(2), Sch. 5 Pt. 1 para. 12(3), Sch. 6 Pt. 1 (with ss. 64(a), 65(4)), the repeal coming into force immediately before the coming into force of the National Health Service Act 2006 (c. 41) (as to which see s. 227 of that 2006 Act) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, Sch. 1 Pt. 2 para. 8(c)

Commencement Information

I3S. 66 wholly in force at 1.7.1999; s. 66(1)(3)-(6) in force at Royal Assent and s. 66(2) in force at 1.7.1999 see s. 67(1)(4).

Marginal Citations

67 Commencement.U.K.

(1)The preceding provisions of this Act (including the Schedules) are to come into force on such day as the Secretary of State may by order appoint.

(2)Different days may be appointed under this section for different purposes.

(3)Subsection (1) does not apply to the repeal of section 10 of the M12Professions Supplementary to Medicine Act 1960 (power to extend or restrict application of Act), which comes into force on 1st July 1999 or, if later, on the day on which this Act is passed.

(4)Subsection (1) does not apply to section 66, of which—

(a)subsections (1) and (3) to (6) come into force on the day on which this Act is passed,

(b)subsection (2) comes into force on 1st July 1999 or, if later, the day on which this Act is passed.

Subordinate Legislation Made

P2S. 67(1) power partly exercised as follows:

different dates appointed for specified provisions by S.I. 1999/2177, art. 2(2)(3);

different dates appointed for specified provisions by S.I. 1999/2342, art. 2, Schs. 1-3;

different dates appointed for specified purposes by S.I. 1999/2540, art. 2(1)(2), Sch. 1;

1.10.1999 appointed for specified provisions by S.S.I. 1999/90, art. 2, Sch. 1, 2;

14.10.1999 appointed for specified provisions by S.S.I. 1999/115, art. 2;

different dates appointed for specified provisions by S.I. 1999/2793, art. 2, Schs. 1-3;

different dates appointed for specified provisions by S.I. 1999/3184, art. 2, Schs. 1, 2;

1.3.2000 appointed for specified provisions by S.S.I. 2000/38, art. 2;

15.3.2000 appointed for specified provisions by S.I. 2000/779, art. 2(1);

1.4.2000 appointed for specified provisions by S.I. 2000/1041, art. 2, Sch.;

9.2.2001 appointed for specified provisions by S.I. 2001/270, art. 2;

11.5.2001 appointed for specified provisions by S.I. 2001/1985, art. 2;

1.4.2002 appointed for specified provisions by S.I. 2002/1167, art. 2

9.7.2003 for specified provision by {S.I. 2003/1689}, art. 2;

1.4.2004 for specified provision by {S.I. 2004/289}, art. 2;

31.1.2004 and 4.3.2004 for specified provisions by {S.S.I. 2004/32}, art. 2;

1.8.2004 for specified provisions by {S.I. 2004/1859}, arts. 2-6;

1.3.2007 for specified provisions by {S.I. 2006/1407};

3.4.2007 for specified provisions by {S.I. 2007/1179}, art. 2

Marginal Citations

68 Extent.U.K.

(1)Subject to the following provisions—

(a)F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Part II extends only to Scotland, and

(c)this Part extends to Northern Ireland (as well as to England and Wales and Scotland).

(2)The amendment or repeal of an enactment, or a power to amend or repeal an enactment, which extends to any part of the United Kingdom extends also to that part.

(3)Sections 22 and 25 extend to Scotland and Northern Ireland.

(4)F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

69 Short title.U.K.

This Act may be cited as the Health Act 1999.

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  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill