National Health Service (Primary Care) Act 1997 (c. 46)

SCHEDULES

SCHEDULE 2 Amendments

Part II Pre-consolidation Amendments

The National Health Service Act 1966 (c. 8)

69 (1) Section 10 of the National Health Service Act 1966 is amended as follows.

(2) In subsection (1), omit “Part II of the [1977 c. 49.] National Health Service Act 1977 or” and “section 56 of the said Act of 1977 or”.

(3) In subsection (2), omit “the Minister or, as the case may be,”.

(4) Omit subsection (3).

The National Health Service Act 1977 (c. 49)

70 The 1977 Act is amended in accordance with paragraphs 71 to 78.

71 (1) Section 29 is amended as follows.

(2) In subsection (1), after “regulations” insert “which shall be made for the purpose”.

(3) In subsection (2)(a), for “of lists” substitute “by each Health Authority of a list” and after “services” insert “for persons in the Health Authority’s area”.

(4) Subsection (4) continues to have effect as originally enacted.

72 In section 35(1), after “regulations” insert “which shall be made for the purpose”.

73 In section 36(1)(a), for “of lists” substitute “by each Health Authority of a list” and after “services” insert “for persons in the Health Authority’s area”.

74 In section 38(1), after “with regulations” insert “which shall be made for the purpose”.

75 In section 39(a), for “of lists of medical practitioners, and ophthalmic opticians, respectively,” substitute “by each Health Authority of a list of medical practitioners and a list of ophthalmic opticians” and after “services” insert “for persons in the Health Authority’s area”.

76 In section 41, after “with regulations” insert “which shall be made for the purpose”.

77 Omit section 43A(3).

78 Omit paragraph 37 of Schedule 15.

Transitional provisions for amendments to 1977 Act

79 (1) This paragraph applies where an amendment made by this Part of this Schedule to section 29(1), 35(1), 38(1) or 41 of the 1977 Act imposes a duty on the Secretary of State to make regulations for certain purposes.

(2) If immediately before the amendment comes into force—

(a) regulations made for the same purposes are in force under the provision concerned or a related provision, and

(b) the regulations would have wholly, or to any extent, discharged the duty if it had been operative when they were made,

the regulations shall be deemed to discharge that duty, wholly or (as the case may be) to that extent.

(3) Nothing in this Part of this Schedule shall affect the validity of the regulations mentioned in sub-paragraph (2).

The Health and Medicines Act 1988 (c. 49)

80 In section 17(1) of the Health and Medicines Act 1988, for “36, 39 or 42” substitute “35, 36, 38, 39, 41 or 42”.

The Health Service Commissioners Act 1993 (c. 46)

81 In section 6(5) of the Health Service Commissioners Act 1993 for “36, 39 or 42” substitute “35, 36, 38, 39, 41 or 42”.