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National Health Service and Community Care Act 1990
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- 1990 c. 19
- SCHEDULE 5
- Health Boards
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Changes and effects
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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- s. 61A repealed by S.I. 2005/82 reg. 4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)
Health BoardsS
1Schedule 1 to the 1978 Act shall be amended in accordance with paragraphs 2 to 7 below.S
2After paragraph 2 of that Schedule (membership of Health Boards) there shall be inserted the following paragraph—S
“2AIn the case of a prescribed Health Board at least one of the persons appointed under paragraph 2 above must hold a post in a university with a medical or dental school.”
3In paragraph 4 of that Schedule (remuneration), after the words “Health Board” there shall be inserted “and to such other members of a Health Board as may be prescribed”.S
4At the end of paragraph 5A of that Schedule there shall be added the words “and a direction under that paragraph may relate to a particular officer or servant or class of officer or servant specified in the direction”.S
5After paragraph 7 of that Schedule there shall be inserted the following paragraphs—S
“7ARegulations may provide for the transfer of officers and servants from a Health Board to—
(a)another Health Board;
(b)the Agency; or
(c)a state hospital,
and for arrangements under which the services of an officer or servant of a Health Board are placed at the disposal of a body mentioned in sub-paragraphs (a) to (c).
7BDirections may be given by the Secretary of State—
(a)to a Health Board to place services of any of its officers or servants at the disposal of a body mentioned in sub-paragraphs (a) to (c) of paragraph 7A; and
(b)to any such body to employ as an officer or servant any person who is or was employed by a Health Board and is specified in the direction,
and a Board or body to which such directions are given shall comply with the directions.
7CBefore making regulations under paragraph 7A or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.”
6After paragraph 8 of that Schedule there shall be inserted the following paragraph—S
“8AIn connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), regulations may make provision with respect to—
(a)the transfer to employment by a local authority of officers or servants employed by a Health Board; and
(b)the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph,
and for the purposes of this paragraph “National Health Service body” means a Health Board, the Agency or an NHS trust.”.
7In paragraph 11(b) of that Schedule (delegation to committees etc), for the words “composed, as to a majority, by members of Health Boards” there shall be substituted “constituted in accordance with the regulations”.S
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