Health Services Act 1976

PART IV Supplementary and General

21 Expenses and receipts

There shall be defrayed out of money provided by Parliament—

(a) any expenses incurred by the Secretary of State for the purposes of this Act; and

(b) any increase attributable to the provisions of this Act in the sums payable out of money provided by Parliament under any other Act;

and, subject to section 8(8) above, any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

22 General provisions as to regulations

(1) Any power conferred by this Act to make regulations—

(a) may be exercised so as to make different provision for different areas or in relation to different cases or different circumstances to which the power is applicable, and to make any provision to which the power extends subject to such exceptions, limitations and conditions (if any) as the Secretary of State considers necessary or expedient;

(b) includes power to make such incidental or supplemental provision in the regulations as the Secretary of State considers appropriate; and

(c) shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Before making any regulations under paragraph 10 of Schedule 1 to this Act or under any provision of Part III of this Act, the Secretary of State shall consult with—

(a) the Board;

(b) such bodies as he may recognise as being representative of medical practitioners or dental practitioners; and

(c) such other bodies as appear to him to be representative of interests likely to be substantially affected by the regulations.

23 General interpretation, amendments and repeals

(1) In this Act—

• " the 1946 Act " means the [1946 c. 81.] National Health Service Act 1946;

• " the 1947 Act " means the [1947 c. 27.] National Health Service (Scotland) Act 1947;

• " the National Health Service Acts " means, for England and Wales, the National Health Service Acts 1946 to 1973 or, for Scotland, the National Health Service (Scotland) Acts 1947 to 1973 ;

• " the national health services " means the health services established in England and Wales and in Scotland respectively in pursuance of section 1 of the principal Act;

• " NHS hospital " means a hospital vested in the Secretary of State;

• " the principal Act " means, for England and Wales, the National Health Service Act 1946 or, for Scotland, the National Health Service (Scotland) Act 1947 ;

and, unless the context otherwise requires, any expression to which a meaning is assigned by the principal Act for the purposes of that Act has that meaning also for the purposes of this Act.

(2) Except so far as the context otherwise requires, any reference in this Act to an enactment is a reference to it as amended by or under any other enactment, including this Act.

(3) In section 1(2) of the principal Act (services to be provided free of charge, except where any provision of the National Health Service Acts expressly provides for the making and recovery of charges), for the words from " except" onwards there shall be substituted the words " except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed ".

(4) In the provisions of the 1946 Act specified in Part I of Schedule 4 to this Act references to that Act or to the National Health Service Acts shall include references to this Act in its application to England and Wales; and in the provisions of the 1947 Act specified in Part II of that Schedule references to that Act or to the National Health Service Acts shall include references to this Act in its application to Scotland.

(5) Section 57(6) of the [1973 c. 32.] National Health Service Reorganisation Act 1973 (power to modify the Health Service Acts in connection with their consolidation) shall have effect as if the reference to those Acts included Part II of this Act.

(6) The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

24 Citation, commencement and extent

(1) This Act may be cited as the Health Services Act 1976, and Part II of this Act—

(a) so far as it applies to England and Wales, shall be included among the enactments which may be cited together as the National Health Service Acts 1946 to 1976; and

(b) so far as it applies to Scotland, shall be included among the enactments which may be cited together as the National Health Service (Scotland) Acts 1947 to 1976.

(2) Part III of this Act shall come into force at the end of the period of two months beginning with the date on which this Act is passed.

(3) This Act, except so far as it amends the [1975 c. 24.] House of Commons Disqualification Act 1975, does not extend to Northern Ireland.