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National Health Service and Community Care Act 1990
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- 1990 c. 19
- SCHEDULE 9
- The National Health Service Act 1977
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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- s. 61A repealed by S.I. 2005/82 reg. 4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)
The National Health Service Act 1977E+W+S
18[F1(1)In section 41 of the M1National Health Service Act 1977 (arrangements for pharmaceutical services)—E+W+S
(a)for the words “supply to persons who are in that locality” there shall be substituted “provision to persons who are in that locality of”;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)after paragraph (c) there shall be inserted “and
(d)such other services as may be prescribed.”]
(2)At the end of section 43 of that Act (persons authorised to provide pharmaceutical services) there shall be added the following subsection—
“(3)No arrangements for the provision of pharmaceutical services falling within section 41(d) above shall be made with persons other than those who are registered pharmacists or are of a prescribed description.”
(3)In section 63 of that Act (hospital accommodation on part payment) after subsection (1) there shall be inserted the following subsection—
“(1C)References in subsection (1) above to a health service hospital do not include references to a hospital vested in an NHS trust.”
(4)At the end of section 65 of that Act (accommodation and services for private patients) there shall be added the following subsection—
“(4)References in the preceding provisions of this section to a health service hospital do not include references to a hospital vested in an NHS trust.”
(5)In section 83A of that Act (remission and repayment of charges and payment of travelling expenses) in subsection (1)—
(a)in paragraph (b) after the words “Secretary of State” there shall be inserted “or an NHS trust” and at the end there shall be added “and”, and
(b)after paragraph (b) there shall be inserted the following paragraph—
“(c) for the reimbursement by a District Health Authority to an NHS trust and, in such cases as may be prescribed to another District Health Authority, of payments made by virtue of exercising the functions conferred under paragraph (b) above”.
(6)In section 84 of that Act (inquiries) at the end of subsection (1) there shall be added the words “or Part I of the National Health Service and Community Care Act 1990”.
(7)In section 85 of that Act (default powers)—
(a)in subsection (1), F3. . . in the words following paragraph (g) after the words “this Act" there shall be inserted “or Part I of the National Health Service and Community Care Act 1990";
(b)in subsection (2), for the words from the beginning to “body shall” there shall be substituted “The members of the body in default shall”;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In section 86 of that Act (emergency powers) after the words “this Act”, in the first place where they occur, there shall be inserted “or Part I of the National Health Service and Community Care Act 1990” and after the words “this Act”, in the second place where they occur, there shall be inserted “or that Part”.
(9)At the end of section 103 of that Act (special arrangement as to payment of remuneration) there shall be inserted the following subsection—
“(3)If the Secretary of State by order so provides with respect to remuneration in respect of such pharmaceutical services as may be specified in the order,—
(a)an NHS trust determined in accordance with the order shall have the function of paying sums so determined to the Family Health Services Authority which, under Part II of this Act, has the function of paying that remuneration; and
(b)nothing in subsection (2) above shall apply with respect to that remuneration.”
F4(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)In section 122 of that Act (recovery of charges), in subsection (1) after the words “this Act”, in the second place where they occur, there shall be inserted “or Part I of the National Health Service and Community Care Act 1990”.
(13)In Schedule 7 to that Act (additional provisions as to Community Health Councils), in paragraph 2—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in sub-paragraph (e) for the words from “such Authorities”, in the first place where those words appear, to the end of the sub-paragraph there shall be inserted “Regional and District Health Authorities, NHS trusts or relevant Family Health Services Authorities, and the right of members of Councils to enter and inspect premises controlled by such health authorities or NHS trusts”.
(14)In Schedule 8 to that Act (local social services authorities’ functions)—
(a)in paragraph 1 (care of mothers) after the word “mothers” there shall be inserted “(other than for the provision of residential accommodation for them)”;
(b)in paragraph 2 (prevention, care and after-care)—
(i)sub-paragraphs (1)(a) and (4) (which make provision respectively for the provision by authorities of residential accommodation and for regulations to be made conferring powers of inspection of certain premises provided under that paragraph) shall cease to have effect; and
(ii)after sub-paragraph (4A) there shall be inserted—
“(4AA)No authority is authorised or may be required under this paragraph to provide residential accommodation for any person.”
Annotations:
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Amendments (Textual)
F1Sch. 9 para. 18(1) repealed (1.7.2002 for W. and otherwiseprosp.) by 2001 c. 15, s. 67, Sch. 6 Pt. 2 (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 1
F2Sch. 9 para. 18(1)(b) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)
F3Sch. 9 para. 18(1)(b)(7)(c)(13)(a) and words in sub-para. (7)(a) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)
F4Sch. 9 para. 18(10)(11) repealed (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 3 (with s. 3(4)).
Commencement Information
I1Sch. 9 para. 18 wholly in force at 1.4.1993; Sch. 9 para. 18 not in force at Royal Assent see s. 67(2); Sch. 9 para. 18(1)(b)(3)-(13) in force at 5.7.1990 and Sch. 9 para. 18(1)(a)(c)(2) in force at 17.9.1990 by S.I. 1990/1329; Sch. 9 para. 18(14) in force at 1.4.1993 by S.I. 1992/2975, art. 2(2), Sch.
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