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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 65.

SCHEDULE 4E+W+S+N.I. Amendments of enactments

This schedule has no associated Explanatory Notes
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Modifications etc. (not altering text)

C1Sch. 4: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 (as inserted (30.6.1999) by 1999 c. 8, ss. 66(4)(5)(c), 67(4))

Public Bodies (Admission to Meetings) Act 1960 (c. 67)E+W+S+N.I.

1In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (g) of paragraph 1 there is inserted—E+W+S+N.I.

(gg)Primary Care Trusts.

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Commencement Information

I1Sch. 4 para. 1 partly in force; Sch. 4 para. 1 not in force at Royal Assent see s. 67(1), Sch. 4 para. 1 in force for S. at 1.10.1999 by S.S.I. 1999/90, art. 2(b); Sch. 4 para. 1 in force for E. at 4.1.2000 by S.I. 1999/2342, art. 2(3)(a), Sch. 2

National Health Service Act 1966 (c. 8)E+W+S+N.I.

2F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Health Services and Public Health Act 1968 (c. 46)E+W+S+N.I.

3In section 63 of the Health Services and Public Health Act 1968 (instruction of Health Authority employees and others)—E+W+S+N.I.

(a)in subsection (1)(a), for “or Special Health Authority or a Health Board” there is substituted “ Special Health Authority, Health Board or Primary Care Trust ”,

(b)in subsection (5A), for “or Special Health Authority” in both places there is substituted “ Special Health Authority or Primary Care Trust ”,

(c)in subsection (5B), after “Special Health Authorities” there is inserted—

(bb)Primary Care Trusts.

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Commencement Information

I2Sch. 4 para. 3 partly in force; Sch. 4 para. 3 not in force at Royal Assent see s. 67(1); Sch. 4 para. 3 in force for E. at 4.1.2000 by S.I. 1999/2342, art. 2(3)(a), Sch. 2

The 1977 ActE+W+S+N.I.

4F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

6F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

7F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

8F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

9F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

10F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

11F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

12F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

13F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

14F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

15F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

16F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

17F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F1618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F16Sch. 4 para. 18 repealed by 2001 c. 15, ss. 67, 70(2), Sch. 6 Pt. 1 (with ss. 64(a), 65(4)), the repeal coming into force immediately before the coming into force of the National Health Service Act 2006 (c. 41) (as to which see s. 227 of that 2006 Act) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, Sch. 1 Pt. 2 para. 8(c)

F1719. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F17Sch. 4 para. 19 repealed by 2001 c. 15, ss. 67, 70(2), Sch. 6 Pt. 1 (with ss. 64(a), 65(4)), the repeal coming into force immediately before the coming into force of the National Health Service Act 2006 (c. 41) (as to which see s. 227 of that 2006 Act) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, Sch. 1 Pt. 2 para. 8(c)

F1820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F18Sch. 4 para. 20 repealed by 2001 c. 15, ss. 67, 70(2), Sch. 6 Pt. 1 (with ss. 64(a), 65(4)), the repeal coming into force immediately before the coming into force of the National Health Service Act 2006 (c. 41) (as to which see s. 227 of that 2006 Act) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, Sch. 1 Pt. 2 para. 8(c)

F1921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F19Sch. 4 para. 21 repealed by 2001 c. 15, ss. 67, 70(2), Sch. 6 Pt. 1 (with ss. 64(a), 65(4)), the repeal coming into force immediately before the coming into force of the National Health Service Act 2006 (c. 41) (as to which see s. 227 of that 2006 Act) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, Sch. 1 Pt. 2 para. 8(c)

F2022. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F20Sch. 4 para. 22 repealed by 2001 c. 15, ss. 67, 70(2), Sch. 6 Pt. 1 (with ss. 64(a), 65(4)), the repeal coming into force immediately before the coming into force of the National Health Service Act 2006 (c. 41) (as to which see s. 227 of that 2006 Act) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, Sch. 1 Pt. 2 para. 8(c)

23F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

24F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

25F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

26F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

27F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

28F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

29F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

30F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

31F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

32F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

33(1)Section 98 (accounts and audit) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)after paragraph (b) there is inserted—

(bb)every Primary Care Trust,

(b)in paragraph (dd), after “1990” there is inserted—

(ddd)any trustees for a Primary Care Trust appointed in pursuance of section 96B above.

(3)Before subsection (2A) there is inserted—

(2AA)Every Primary Care Trust shall send a copy of any accounts it has prepared under subsection (2) above to the Health Authority within whose area the trust’s area falls.

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Commencement Information

I3Sch. 4 para. 33 partly in force; Sch. 4 para. 33 not in force at Royal Assent see s. 67(1); Sch. 4 para. 33 in force for certain purposes for E. at 1.4.2000 by S.I. 1999/2342, art. 2(4)(a), Sch. 3

F3134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F31Sch. 4 para. 34 repealed by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 3, Sch. 2, the repeal coming into force immediately before the coming into force of the National Health Service Act 2006 (c. 41) (as to which see s. 227 of that 2006 Act) by virtue of art. 1(1) of the repealing S.I.

35F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

36F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

37F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

38F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

39F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

40F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F37Sch. 4 para. 40 repealed (20.10.2003 for W. and otherwise prosp.) by Health (Wales) Act 2003 (c. 40, ss. 7(2), 10(2), {Sch. 4}; S.I. 2003/2660, art. 2(1)(iii)

F3841. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F38Sch. 4 para. 41 repealed by 2001 c. 15, ss. 67, 70(2), Sch. 6 Pt. 1 (with ss. 64(a), 65(4)), the repeal coming into force immediately before the coming into force of the National Health Service Act 2006 (c. 41) (as to which see s. 227 of that 2006 Act) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, Sch. 1 Pt. 2 para. 8(c)

The 1978 ActE+W+S+N.I.

42The 1978 Act is amended as follows.E+W+S+N.I.

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Commencement Information

I4Sch. 4 para. 42 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

43In section 9 (local consultative committees)—E+W+S+N.I.

(a)in subsection (5), for “on the provision of services under this Act” there is substituted “ and, where the Secretary of State so directs, an NHS trust on the provision of services under this Act or under a pilot scheme under section 1 of the M1National Health Service (Primary Care) Act 1997 ”,

(b)in subsection (7), after “Health Boards” there is inserted “ or, where the Secretary of State so directs, NHS trusts ” and for “may be prescribed” there is substituted “ the Secretary of State may direct ”.

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Commencement Information

I5Sch. 4 para. 43 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

Marginal Citations

44In section 10(4) (Common Services Agency)—E+W+S+N.I.

(a)after “Health Boards” in the first place where it appears there is inserted “ the NHS trusts ”,

(b)after “Health Boards” in the second place where it appears there is inserted “ or of the NHS trusts ”,

(c)after “Health Boards” in the third place where it appears there is inserted “ or NHS trusts ”.

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Commencement Information

I6Sch. 4 para. 44 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

45In section 12A(5) (NHS trusts)—E+W+S+N.I.

(a)in paragraph (a), for “and directors” there is substituted “ , directors and trustees ”,

(b)in paragraph (b), after “directors” there is inserted “ , trustees, ”,

(c)in paragraph (c), after “directors” there is inserted “ and trustees ”,

(d)in paragraph (d), for the words from “director” where it first appears to the end of the paragraph there is substituted “ trustee, to be regarded as an executive director rather than as a trustee ”.

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Commencement Information

I7Sch. 4 para. 45 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

46In section 17A (NHS contracts)—E+W+S+N.I.

(a)in subsection (2)—

(i)after paragraph (a) there is inserted—

(aa)Special Health Boards,

(ii)after paragraph (k) there is inserted—

(ka)Primary Care Trusts established under section 16A of the National Health Service Act 1977,

(iii)paragraphs (d) and (j) are omitted,

(b)in subsection (3), paragraph (a) and the word “and” following it are omitted.

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Commencement Information

I8Sch. 4 para. 46 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

47In section 17E (personal medical and dental services: regulations), subsection (4) is omitted.E+W+S+N.I.

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Commencement Information

I9Sch. 4 para. 47 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

48F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

49F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

50Section 32 (regulations as to sections 29 to 31) is renumbered as subsection (1) of that section and—E+W+S+N.I.

(a)in paragraph (c) after “disqualification” in both places where it occurs there is inserted “ or condition ”,

(b)after that subsection there is inserted—

(2)Regulations under subsection (1)(a) may in particular provide that, where (apart from the regulations) it would be the duty of the Tribunal to inquire into both an efficiency case and a fraud case in respect of the same person, they may inquire into one case before inquiring into the other and, after proceedings in the first case are finally disposed of, may if they think it appropriate adjourn the other case indefinitely.

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Commencement Information

I10Sch. 4 para. 50 wholly in force for S. at 4.3.2004: para. 50 not in force at Royal Assent see s. 67(1); para. 50 in force at 31.1.2004 for S. for certain purposes and wholly in force for S. at 4.3.2004 by S.S.I. 2004/32, art. 2(1)(c)(2)(c)

51In section 32A (applications for interim suspension)—E+W+S+N.I.

(a)after subsection (1) there is inserted—

(1A)A Health Board may, if they have requested a review of a conditional disqualification on the ground mentioned in section 30(3)(b) or (c), at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) in relation to the person to whom the review relates.,

(b)in subsection (2), for the words from “it” to “patients” there is substituted “ either of the conditions for doing so is satisfied ” and after “in question” there is inserted “ or the case to which the review in question ”,

(c)after that subsection there is inserted—

(2A)The conditions for giving such a direction are—

(a)that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part to which the case in question, or the case to which the review in question, relates;

(b)in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that—

(i)an act or omission within section 29(7)(a) will occur; or

(ii)the investigation of the case or the review will be prejudiced.,

(d)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in subsection (4), after “case” there is inserted “ or review ”,

(f)subsection (5) is omitted’

(g)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I11Sch. 4 para. 51 wholly in force for S. at 4.3.2004, see s. 67(1) and S.S.I. 2004/32, art. 2(2)(c)

52In section 32B (continuation of suspension pending appeal)—E+W+S+N.I.

(a)for subsection (1) and the preceding sidenote there is substituted—

32B Suspension pending appeal.

(1)Where, on disposing of a case under section 29B, the Tribunal make a national disqualification, they may, if they consider that either of the conditions mentioned in section 32A(2A) is satisfied, direct that section 32A(3) shall apply or, if a direction has been given under section 32A(2), shall continue to apply to him as respects services of the kind to which the disqualification relates.,

(b)F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)subsection (4) is omitted.

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Amendments (Textual)

Commencement Information

I12Sch. 4 para. 52 wholly in force for S. (so far as unrepealed) at 4.3.2004: para. 52 not in force at Royal Assent see s. 67(1); para. 52(a)(c)(d) in force for S. at 4.3.2004 by S.S.I. 2004/32 {art. 2}

53F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

54After section 35 there is inserted—E+W+S+N.I.

35A Interpretation of Part II.

Where, under a direction by the Secretary of State, a Health Board has delegated any of its functions to an NHS trust, any reference in this Part to a Health Board in relation to such a delegated function shall, unless the context otherwise requires, include a reference to an NHS trust.

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Commencement Information

I13Sch. 4 para. 54 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

55In section 85A (financial duties of certain bodies)—E+W+S+N.I.

(a)in subsection (1), before “85(1)” in both places where it occurs there is inserted “ 85AA(1) or ” and for “85(2)(a)” there is substituted “ 85AA(3) ”,

(b)in subsection (2), for “Subsection (3) of section 85” there is substituted “ Subsection (9) of section 85AA ”,

(c)in subsection (3), before “85(1)” there is inserted “ 85AA(1) or ”,

(d)in subsection (6), in paragraph (c) before “85(1)” there is inserted “ 85AA(1) ” and for “85(2)(a)” there is substituted “ 85AA(3) ”.

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Commencement Information

I14Sch. 4 para. 55 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

56In section 85B(2) (bodies in respect of which schemes for meeting losses and liabilities may be made)—E+W+S+N.I.

(a)the “and” after paragraph (c) is omitted,

(b)after paragraph (d) there is inserted and

(e)Special Health Boards.

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Commencement Information

I15Sch. 4 para. 56 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

57In section 86 (accounts of Health Boards and the Agency), subsections (1A), (1C) and (5) are omitted.E+W+S+N.I.

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Commencement Information

I16Sch. 4 para. 57 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

58Section 87D (indicative amounts for doctors’ practices) is omitted.E+W+S+N.I.

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Commencement Information

I17Sch. 4 para. 58 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

59In section 102 (state hospitals), for paragraph (b) of subsection (4) there is substituted—E+W+S+N.I.

(b)A Health Board, a Special Health Board, the Agency or an NHS trust to the extent that power to do so is delegated to the Board, Agency or trust by the Secretary of State.

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Commencement Information

I18Sch. 4 para. 59 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

60In section 105(7) (orders, regulations and directions), for “incidental or supplemental” there is substituted “ supplementary, incidental, consequential, transitory, transitional or saving ”.E+W+S+N.I.

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Commencement Information

I19Sch. 4 para. 60 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

61In section 108(1) (interpretation)—E+W+S+N.I.

(a)in the appropriate place there is inserted—

goods” includes accommodation,

(b)for the definition of “state hospital” there is substituted—

state hospital” has the meaning indicated in section 102(2).

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Commencement Information

I20Sch. 4 para. 61 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

62In Schedule 7A (NHS trusts)—E+W+S+N.I.

(a)for any reference to a non-executive director or to non-executive directors there is substituted a reference to a trustee or, as the case may be, to trustees,

(b)in paragraph 16(c), the words from “which purposes shall include” to the end are omitted,

(c)in paragraph 22, in sub-paragraph (1), in paragraph (c) the words from “or is within” to the end of the paragraph, and “or Health Authority” are omitted,

(d)paragraph 23 is omitted.

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Commencement Information

I21Sch. 4 para. 62 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

63(1)Schedule 7B (financial provisions relating to NHS trusts) is amended as follows.E+W+S+N.I.

(2)In paragraph 6 (surplus funds)—

(a)for “amount standing in the reserves of an NHS trust” there is substituted “ sum held by an NHS trust other than a sum held on trust under section 12G ”,

(b)for “that amount” there is substituted “ that sum ”.

(3)For paragraph 7 of that Schedule (investment) there is substituted—

7 An NHS trust shall have power to invest money held by it in any investments, including investments which do not produce income, specified in directions made by the Secretary of State with the consent of the Treasury; but nothing in this paragraph applies in relation to money held on trust under section 12G.

(4)After that paragraph there is inserted—

8Any direction with respect to—

(a)the power conferred on an NHS trust by paragraph 1; or

(b)the maximum amount which an NHS trust may invest in any investment or class of investment,

may be given only with the consent of the Treasury.

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Commencement Information

I22Sch. 4 para. 63 wholly in force for S. at 1.10.1999, see s. 67(1) and S.S.I 1999/90, art. 2(b)

64In Schedule 8 (the Tribunal), in paragraph 8—E+W+S+N.I.

(a)in sub-paragraph (2)(a), for “section 29” there is substituted “ sections 29 to 29C ”,

(b)in sub-paragraph (2)(b), after “disqualification” there is inserted “ conditional disqualification or declaration of unfitness ”,

(c)in sub-paragraph (2)(d), for the words from “the application” to the end there is substituted “ section 32A(3) may be made to apply or continue to apply ”.

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Commencement Information

I23Sch. 4 para. 64 wholly in force for S. at 4.3.2004, see s. 67(1) and S.S.I. 2004/32, art. 2(2)(c)

Mental Health Act 1983 (c. 20)E+W+S+N.I.

65The Mental Health Act 1983 is amended as follows.E+W+S+N.I.

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Commencement Information

I24Sch. 4 para. 65 partly in force; Sch. 4 para. 65 not in force at Royal Assent see s. 67(1); Sch. 4 para. 65 in force for E.W. at 1.4.2000 by S.I. 1999/2793, art. 2(3)(a), Sch. 3

66In section 122(1) (provision of pocket money for in-patients in hospital), “special hospitals or other hospitals being” is omitted.E+W+S+N.I.

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Commencement Information

I25Sch. 4 para. 66 partly in force; Sch. 4 para. 66 not in force at Royal Assent, see s. 67(1); Sch. 4 para. 66 in force for E.W. at 1.4.2000 by S.I. 1999/2793, art. 2(3)(a), Sch. 3

67In section 123 (transfers to and from special hospitals)—E+W+S+N.I.

(a)in subsection (1), “in a special hospital” is omitted, after “above)” there is inserted “ in a hospital at which high security psychiatric services are provided ” and for “other special hospital” there is substituted “ other hospital at which those services are provided ”,

(b)in subsection (2), for “which is not a special hospital” there is substituted “ at which those services are not provided ”.

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Commencement Information

I26Sch. 4 para. 67 wholly in force for E.W. at 1.4.2000, see s. 67(1) and S.I. 1999/2793, art. 2(3)(a), Sch. 3

68In section 134 (correspondence of patients)—E+W+S+N.I.

(a)in subsection (1)(b), for “a special hospital” there is substituted “ one at which high security psychiatric services are provided ”,

(b)in subsection (2), for “in a special hospital under this Act” there is substituted “ under this Act in a hospital at which high security psychiatric services are provided ”.

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Commencement Information

I27Sch. 4 para. 68 wholly in force for E.W. at 1.4.2000, see s. 67(1) and S.I. 1999/2793, art. 2(3)(a), Sch. 3

69(1)Section 145 (interpretation) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)after the definition of “Health Authority” there is inserted—

high security psychiatric services” has the same meaning as in the M2National Health Service Act 1977,,

(b)the definition of “special hospital” is omitted.

(3)After that subsection there is inserted—

(1AA)Where high security psychiatric services and other services are provided at a hospital, the part of the hospital at which high security psychiatric services are provided and the other part shall be treated as separate hospitals for the purposes of this Act.

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Commencement Information

I28Sch. 4 para. 69 wholly in force for E.W. at 1.4.2000, see s. 67(1) and S.I. 1999/2793, art. 2(3)(a), Sch. 3

Marginal Citations

Mental Health (Scotland) Act 1984 (c. 36)E+W+S+N.I.

70F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Hospital Complaints Procedure Act 1985 (c. 42)E+W+S+N.I.

71F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)E+W+S+N.I.

72The Health Service Joint Consultative Committees (Access to Information) Act 1986 is to cease to have effect.E+W+S+N.I.

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Commencement Information

I29Sch. 4 para. 72 not in force at Royal Assent, see s. 67(1); Sch. 4 para. 72 in force for E. at 1.4.2000 by S.I. 1999/2793, art. 2(3)(c)(ii); Sch. 4 para. 72 in force for W. at 1.1.2001 by S.I. 2000/2991, art. 2(2), Sch. 2

Income and Corporation Taxes Act 1988 (c. 1)E+W+S+N.I.

73F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F47Sch. 4 para. 73 repealed (1.4.2010 with effect as mentioned in s. 1184(1) of the repealing Act) by Corporation Tax Act 2010 (c. 4), ss. 1181, 1184(1)(4), Sch. 3 Pt. 1 (with Sch. 2)

The 1990 ActE+W+S+N.I.

74The 1990 Act is amended as follows.E+W+S+N.I.

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Commencement Information

I30Sch. 4 para. 74 partly in force; Sch. 4 para. 74 not in force at Royal Assent see s. 67(1); Sch. 4 para. 74 in force for certain purposes for E. at 1.9.1999 by S.I. 1999/2342, art. 2(1), Sch. 1; Sch. 4 para. 74 in force for certain purposes for E.W. at 1.11.1999 by S.I. 1999/2793, art. 2(1)(b), Sch. 2; Sch. 4 para. 74 in force for certain purposes for W. at 1.12.1999 by S.I. 1999/3184, art. 2(2), Sch. 2; Sch. 4 para. 74 in force for certain purposes for E. at 4.1.2000 by S.I. 1999/2342, art. 2(3)(a), Sch. 2; Sch. 4 para. 74 in force for certain purposes for E.W. at 4.1.2000 by S.I. 1999/2342, art. 2(3)(b); Sch. 4 para. 74 in force for certain purposes for E.W. at 1.4.2000 by S.I. 1999/2342, art. 2(4)(b); Sch. 4 para. 74 in force for certain purposes for W. at 1.4.2000 by S.I. 2000/1026, art. 2(1), Sch.

F4875. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F48Sch. 4 para. 75 repealed by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 3, Sch. 2, the repeal coming into force immediately before the coming into force of the National Health Service Act 2006 (c. 41) (as to which see s. 227 of that 2006 Act) by virtue of art. 1(1) of the repealing S.I.

76F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

77F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

78F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

79F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Prospective

80Section 18 (indicative amounts for doctors’ practices) is omitted.E+W+S+N.I.

81F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

82In section 61(3) (health service bodies: taxation), after “1991” there is inserted “ or to a Primary Care Trust ”.E+W+S+N.I.

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Commencement Information

I31Sch. 4 para. 82 partly in force; Sch. 4 para. 82 not in force at Royal Assent see s. 67(1); Sch. 4 para. 82 in force for E.W. at 1.4.2000 by S.I. 1999/2342, art. 2(4)(b)(ii)

83F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

84F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Health Service Commissioners Act 1993 (c. 46)E+W+S+N.I.

85(1)The Health Service Commissioners Act 1993 is amended as follows.E+W+S+N.I.

(2)In section 2 (bodies subject to investigation)—

(a)in subsection (1), after paragraph (d) there is inserted—

(da)Primary Care Trusts established for areas in England,

(b)F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 3 (general remit of Commissioners), subsection (1B) is omitted.

(4)In section 19 (interpretation), the definitions of “allotted sum” and “recognised fund-holding practice” are omitted.

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Amendments (Textual)

Commencement Information

I32Sch. 4 para. 85 partly in force; Sch. 4 para. 85 not in force at Royal Assent, see s. 67(1); Sch. 4 para. 85(1) in force for certain purposes at 1.10.1999 by S.I. 1999/2540, art. 2(1)(a), Sch. 1; Sch. 4 para. 85(3)(4) in force for E. at 1.10.1999 by S.I. 1999/2540, art. 2(1)(a), Sch. 1; Sch. 4 para. 85(1)(3)(4) in force for S. at 1.10.1999 by S.S.I. 1999/90, art. 2(b); Sch. 4 para. 85(1)(2)(a) in force for E.W. at 4.1.2000 by S.I. 1999/2342, art. 2(3)(b)(ii); Sch. 4 para. 85(4) in force for W. at 1.4.2000 by S.I. 2000/1026, art. 2(1), Sch.

Value Added Tax Act 1994 (c. 23)E+W+S+N.I.

86In section 41(7) (application to Crown), after “1978” there is inserted “ and a Primary Care Trust ”.E+W+S+N.I.

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Commencement Information

I33Sch. 4 para. 86 wholly in force at 11.5.2001; Sch. 4 para. 86 not in force at Royal Assent see s.67(1); Sch. 4 para. 86 in force for E.W. at 1.4.2000 by S.I. 1999/2342, art. 2(4)(b)(iii); Sch. 4 para. 86 in force at 11.5.2001 insofar as not already in force by S.I. 2001/1985, art. 2(4)

National Health Service (Residual Liabilities) Act 1996 (c. 15)E+W+S+N.I.

87F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

National Health Service (Primary Care) Act 1997 (c. 46)E+W+S+N.I.

88F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

National Health Service (Private Finance) Act 1997 (c. 56)E+W+S+N.I.

89F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Audit Commission Act 1998 (c. 18)E+W+S+N.I.

90In section 5 of the Audit Commission Act 1998 (general duties of auditors), in subsection (1)(a), for “(2B) (NHS trusts) or (2B) (fund-holding practices)” substitute “ or (2B) ”.E+W+S+N.I.

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Commencement Information

I34Sch. 4 para. 90 not in force at Royal Assent, see s. 67(1); Sch. 4 para. 90 in force for E. at 1.10.1999 by S.I. 1999/2540, art. 2(1)(a), Sch. 1; Sch. 4 para. 90 in force for W. at 1.4.2000 by S.I. 2000/1026, art. 2(1), Sch.

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