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National Health Service and Community Care Act 1990
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- 1990 c. 19
- Part I
- Funding, audit and liabilities
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Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 61A inserted by S.I. 2003/2867 reg. 2 Sch. para. 15
- s. 61A repealed by S.I. 2005/82 reg. 4
- s. 61A(1)(b) text amended by 2006 c. 43 Sch. 1 para. 133
Commencement Orders yet to be applied to the National Health Service and Community Care Act 1990:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/713 art. 2 commences (2001 c. 15)
- S.I. 2003/2660 art. 2-4 commences (2003 c. 4)
- S.I. 2003/3064 art. 2 commences (2003 c. 4)
- S.I. 2004/103 art. 2-4 commences (2001 c. 15)
- S.I. 2004/287 art. 2 3 commences (1997 c. 46)
- S.I. 2004/288 art. 2-6 commences (2003 c. 43)
- S.I. 2004/480 art. 2-5 commences (2003 c. 43)
- S.I. 2004/759 art. 2-13 commences (2003 c. 43)
- S.I. 2004/866 art. 2 amendment to earlier commencing SI 2004/288
- S.I. 2004/1009 art. 2 amendment to earlier commencing SI 2004/288
- S.I. 2004/1019 art. 2 amendment to earlier commencing SI 2004/480
- S.I. 2004/2304 art. 2 commences (2004 c. 21)
- S.I. 2004/2917 art. 2 commences (2004 c. 21)
- S.I. 2005/121 art. 2 commences (2004 c. 17)
- S.I. 2005/457 art. 2 commences (2003 c. 43)
- S.I. 2005/558 art. 2 Sch. 1 commences (2004 c. 23)
- S.I. 2005/1432 art. 2 commences (2005 c. 12)
- S.I. 2005/2897 art. 2 commences (2002 c. 38)
- S.I. 2005/2925 art. 2 4-11 commences (2003 c. 43)
- S.I. 2005/2926 art. 2 3 commences (1997 c. 46)
- S.I. 2006/345 art. 2-7 commences (2003 c. 43)
- S.I. 2006/345 art. 8 amendment to earlier commencing SI 2004/480
- S.I. 2006/481 art. 2 3 commences (2001 c. 15)
- S.I. 2006/1407 Sch. 1 Pt. 2 para. 3 commences (1997 c. 46)
- S.I. 2006/1407 Sch. 1 Pt. 2 para. 6 commences (1999 c. 8)
- S.I. 2006/1407 Sch. 1 Pt. 2 para. 8 commences (2001 c. 15)
- S.I. 2006/1407 Sch. 1 Pt. 2 para. 12 commences (2002 c. 17)
- S.I. 2006/1997 art. 2 3 commences (2004 c. 30)
- S.I. 2006/2169 art. 2 amendment to earlier commencing SI 2006/1997
- S.I. 2008/1972 art. 2 commences (2006 c. 28)
- S.S.I. 2004/148 art. 2 commences (2003 asp 4)
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
- S.S.I. 2009/319 art. 2 Sch. 1 commences (2008 asp 5)
- S.S.I. 2010/185 art. 3 commences (2005 asp 13)
- S.S.I. 2010/321 art. 3 commences (2010 asp 8)
- S.S.I. 2011/122 art. 2 3 commences (2010 asp 8)
Funding, audit and liabilitiesE+W
F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1S. 19 repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)
20 Extension of functions etc. of Audit Commission to cover the health service.E+W
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In section 98 of the principal Act (accounts and audit),—
(a)in subsection (1), in the words following paragraph (e) for the words from “appointed” to “Comptroller” there shall be substituted “appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales and the Comptroller”;
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F2S. 20(1)(3)-(8) repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5
F3S. 20(2)(b) repealed (1.10.1999 for E. and 1.4.2000 for W.) by 1999 c. 8, ss. 65(2), Sch. 4 para. 83(6), Sch. 5; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 2000/1041, art. 2(d), Sch.
F4S. 20(2)(c)(d) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), SCh. 3 (with Sch. 2 para. 6)
21 Schemes for meeting losses and liabilities etc. of certain health service bodies.E+W
(1)The Secretary of State may by regulations made with the consent of the Treasury establish a scheme whereby any of the bodies specified in subsection (2) below may make provision to meet—
(a)expenses arising from any loss of or damage to their property; and
(b)liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies concerned.
(2)The bodies referred to in subsection (1) above are—
[F5(za)Strategic Health Authorities;]
[F6(a)Health Authorities;
(aa)Special Health Authorities;]
[F7(aaa)Primary Care Trusts;]
[F8(aab)Local Health Boards;]
(b)NHS trusts;
[F9(bb)the Commission for Health Improvement];and
(c)the Public Health Laboratory Service Board;
but a scheme under this section may limit the class or description of bodies which are eligible to participate in it.
(3)Without prejudice to the generality of the power conferred by subsection (1) above, a scheme under this section may—
(a)provide for the scheme to be administered by the Secretary of State or by a [F10Strategic Health Authority,][F11Health Authority, Special Health Authority, [F12Primary Care Trust]] or NHS trust specified in the scheme;
(b)require any body which participates in the scheme to make payments in accordance with the scheme; and
(c)provide for the making of payments for the purposes of the scheme by the Secretary of State.
(4)Without prejudice to any other power of direction conferred on the Secretary of State,—
(a)if the Secretary of State so directs, a body which is eligible to participate in a scheme shall do so; and
(b)where a scheme provides for it to be administered by the Secretary of State, a [F10Strategic Health Authority,][F11Health Authority, Special Health Authority, [F12Primary Care Trust]] or NHS trust shall carry out such functions in connection with the administration of the scheme by the Secretary of State as he may direct.
[F13(5)A person or body administering a scheme under this section does not require permission under any provision of the Financial Services and Markets Act 2000 as respects activities carried out under the scheme.]
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F5S. 21(2)(za) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 43(a); S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)
F6S. 21(2)(a)(aa) substituted (1.4.1996 subject to s. 8 of the amending Act) for s. 21(2)(a) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 79(a) (with Sch. 2 paras. 6, 16)
F7S. 21(2)(aaa) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 paras. 74, 81(1)(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F8S. 21(2)(aab) inserted (10.10.2002 for W. and otherwiseprosp.) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 33; S.I. 2002/2532, art. 2, Sch.
F9S. 21(2)(bb) inserted (1.11.1999) by 1999 c. 8, s. 65, Sch. 4 paras. 74, 81(1)(2)(b); S.I. 1999/2793, art. 2(1)(b), Sch 2
F10Words in s. 21(3)(4) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 43(b); S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)
F11Words in s. 21(3)(a)(4)(b)(5) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 79(b) (with Sch. 2 paras. 6, 16)
F12Words in s. 21(3)-(5) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 paras. 74, 81(1)(3); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F13S. 21(5) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 319
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