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Health Act 1999
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- 1999 c. 8
- SCHEDULE 4
- The 1990 Act
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This version of this cross heading contains provisions that are prospective.
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Health Act 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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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. 60A inserted by 2008 c. 14 s. 112
Commencement Orders yet to be applied to the Health Act 1999:
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 provisions within this Act into force:
- S.I. 2003/1689 art. 2 commences (1999 c. 8)
- S.I. 2004/1859 art. 2-6 commences (1999 c. 8)
- S.I. 2006/1407 Sch. 1 Pt. 2 para. 6 commences (1999 c. 8)
- S.I. 2007/1179 art. 2 commences (1999 c. 8)
- S.S.I. 2004/32 art. 2 commences (1999 c. 8)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1580 art. 2 commences (2002 c. 17)
- S.I. 2003/2660 art. 2-4 commences (2003 c. 4)
- S.I. 2003/3064 art. 2 commences (2003 c. 4)
- 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. 2004/1754 art. 2 commences (2001 c. 15)
- S.I. 2005/2800 art. 3-5 commences (2005 c. 10)
- S.I. 2005/2925 art. 2 4-11 commences (2003 c. 43)
- 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. 2006/1407 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. 2006/1407 Sch. 1 Pt. 2 para. 13 commences (2003 c. 43)
- S.I. 2006/2603 art. 2-5 commences (2006 c. 28)
- S.I. 2008/2497 art. 2-7 commences (2008 c. 14)
- S.I. 2008/2717 art. 2 commences (2008 c. 14)
- S.I. 2008/3244 art. 2 3 commences (2008 c. 14)
- S.I. 2010/1621 art. 1 2 commences (S.I. 2010/231)
- S.S.I. 2004/33 art. 2 commences (2002 asp 5)
- 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. 2006/121 art. 3 Sch. 1 2 commences (2005 asp 13)
The 1990 ActE+W+S+N.I.
74The 1990 Act is amended as follows.E+W+S+N.I.
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.
Commencement Information
I1Sch. 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 (E.) at 1.9.1999 by S.I. 1999/2342, art. 2(1), Sch. 1; Sch. 4 para. 74 in force for certain purposes (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 (W.) at 1.12.1999 by S.I. 1999/3184 (W. 42), art. 2(2), Sch. 2; Sch. 4 para. 74 in force for certain purposes (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 (E.W.) at 4.1.2000 by S.I. 1999/2342, art. 2(3)(b); Sch. 4 para. 74 in force for certain purposes (E.W.) at 1.4.2000 by S.I. 1999/2342, art. 2(4)(b); Sch. 4 para. 74 in force for certain purposes (W.) at 1.4.2000 by S.I. 2000/1026, art. 2(1), Sch.
75In section 3(1)(a) (primary functions of Health Authorities and Special Health Authorities), for “11 or 13” there is substituted “ 16D ”.E+W+S+N.I.
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.
Commencement Information
I2Sch. 4 para. 75 not in force at Royal Assent, see s. 67(1); Sch. 4 para. 75 in force (E.) at 1.9.1999 by S.I. 1999/2342, art. 2(1), Sch. 1; Sch. 4 para. 75 in force (W.) at 1.12.1999 by S.I. 1999/3184, art. 2(2), Sch. 2
76In section 4 (NHS contracts)—E+W+S+N.I.
(a)in subsection (2)—
(i)after paragraph (b) there is inserted—
“(bb)a Primary Care Trust”,
(ii)after paragraph (f) there is inserted—
“(ff)the Commission for Health Improvement”,
(b)in subsections (6) and (7), the words from “and it shall” to the end are omitted.
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.
Commencement Information
I3Sch. 4 para. 76 not in force at Royal Assent, see s. 67(1); Sch. 4 para. 76(b) in force (E.) at 1.9.1999 by S.I. 1999/2342, art. 2(1), Sch. 1; Sch. 4 para. 76(a)(ii) in force (E.W.) at 1.11.1999 by S.I. 1999/2793, art. 2(1)(b), Sch. 2; Sch. 4 para. 76(b) in force (W.) at 1.12.1999 by S.I. 1999/3184, art. 2(2), Sch. 2; Sch. 4 para. 76(a)(i) in force (E.W.) at 4.1.2000 by S.I. 1999/2342, art. 2(3)(b)(i)
77In section 6 (transfer of staff to NHS trusts)—E+W+S+N.I.
(a)for “or Special Health Authority” in each place there is substituted “ Special Health Authority or Primary Care Trust ”,
(b)in subsection (1)(a), after “responsibility of the” there is inserted “ NHS ”.
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.
Commencement Information
I4Sch. 4 para. 77 partly in force; Sch. 4 para. 77 not in force at Royal Assent see s. 67(1); Sch. 4 para. 77 in force (E.) at 4.1.2000 by S.I. 1999/2342, art. 2(3)(a), Sch. 2
78In section 7 (supplementary provisions as to transfer of staff), for “or Special Health Authority” there is substituted “ Special Health Authority or Primary Care Trust ”.E+W+S+N.I.
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.
Commencement Information
I5Sch. 4 para. 78 partly in force; Sch. 4 para. 78 not in force at Royal Assent see s. 67(1); Sch. 4 para. 78 in force (E.) at 4.1.2000 by S.I. 1999/2342, art. 2(3)(a), Sch. 2
79(1)Section 8 (transfer of property, rights and liabilities to NHS trust) is amended as follows.E+W+S+N.I.
(2)In subsection (1)—
(a)for “such” there is substituted “ any ”,
(b)for “Health Authority or Special Health Authority” there is substituted “ Health Authority, Special Health Authority or Primary Care Trust ”,
(c)the words from “as, in his opinion,” to the end are omitted.
(3)In subsections (2), (3) and (5), for “Health Authority or Special Health Authority” there is substituted “ Health Authority, Special Health Authority or Primary Care Trust ”.
(4)For subsection (6) there is substituted—
“(6)Any property, rights and liabilities which—
(a)belong to, or are used or managed by, a Health Authority or Special Health Authority or belong to a Primary Care Trust, and
(b)are to be transferred to an NHS trust by or by virtue of an order under this section,
must be identified by agreement between the Health Authority, Special Health Authority or Primary Care Trust and the NHS trust or, in default of agreement, by direction of the Secretary of State.”
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.
Commencement Information
I6Sch. 4 para. 79 partly in force; Sch. 4 para. 79 not in force at Royal Assent, see s. 67(1); Sch. 4 para. 79(1) in force for certain purposes (W.) at 1.11.1999 by S.I. 1999/3184, art. 2(1), Sch. 1; Sch. 4 para. 79(2)(a)(c) in force (W.) at 1.11.1999 by S.I. 1999/3184, art. 2(1), Sch. 1; Sch. 4 para. 79 in force (E.) at 4.1.2000 by S.I. 1999/2342, art. 2(3)(a), Sch. 2
Prospective
80Section 18 (indicative amounts for doctors’ practices) is omitted.E+W+S+N.I.
81(1)Section 21 (schemes for meeting losses and liabilities etc. of certain health service bodies) is amended as follows.E+W+S+N.I.
(2)In subsection (2)—
(a)after “Special Health Authorities” there is inserted—
“(aaa)Primary Care Trusts”,
(b)after “NHS trusts” there is inserted—
“(bb)the Commission for Health Improvement”.
(3)In subsections (3) to (5), after “Special Health Authority” in each place where it appears there is inserted “ Primary Care Trust ”.
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.
Commencement Information
I7Sch. 4 para. 81 partly in force; Sch. 4 para. 81 not in force at Royal Assent see s. 67(1); Sch. 4 para. 81(1)(2)(b) in force (E.W.) at 1.11.1999 by S.I. 1999/2793, art. 2(1)(b), Sch. 2; Sch. 4 para. 81 (except (2)(b)) in force (E.) at 4.1.2000 by S.I. 1999/2342, art. 2(3)(a), Sch. 2
82In section 61(3) (health service bodies: taxation), after “1991” there is inserted “ or to a Primary Care Trust ”.E+W+S+N.I.
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.
Commencement Information
I8Sch. 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 (E.W.) at 1.4.2000 by S.I. 1999/2342, art. 2(4)(b)(ii)
83(1)Schedule 2 (NHS trusts) is amended as follows.E+W+S+N.I.
(2)In paragraph 3 (matters to be specified in order establishing NHS trust), in sub-paragraph (1)(f), after “which are” there is inserted “ or the Primary Care Trust which is ”.
(3)In paragraph 4 (making staff available to new NHS trust), for “or Special Health Authority” in both places there is substituted “ Special Health Authority or Primary Care Trust ”.
(4)In paragraph 6 (duties of NHS trusts)—
(a)in sub-paragraph (1), the words following “Schedule”, and
(b)sub-paragraph (2),
are omitted.
(5)In paragraph 13 (bodies with whom NHS trust can exercise functions jointly), after “jointly” there is inserted “ with any Primary Care Trust, ”.
(6)Paragraphs 19 and 20 (re-imbursement for health services work carried out otherwise than under NHS contract) are omitted.
(7)In paragraph 30 (transfer of property etc. on dissolution of NHS trust), in sub-paragraph (1), after paragraph (bb) there is inserted—
“(bbb)a Primary Care Trust, or”.
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.
Commencement Information
I9Sch. 4 para. 83 partly in force; Sch. 4 para. 83 not in force at Royal Assent, see s. 67(1); Sch. 4 para. 83(1) in force for certain purposes (E.) at 1.9.1999 by S.I. 1999/2342, art. 2(1), Sch. 1; Sch. 4 para. 83(4) in force (E.) at 1.9.1999 by S.I. 1999/2342, art. 2(1), Sch. 1; Sch. 4 para. 83(1) in force for certain further purposes (E.) at 1.10.1999 by S.I. 1999/2540, art. 2(1)(a), Sch. 1; Sch. 4 para. 83(6) in force (E.) at 1.10.1999 by S.I. 1999/2540, art. 2(1)(a), Sch. 1; Sch. 4 para. 83(1) in force for certain purposes (W.) at 1.12.1999 by S.I. 1999/3184, art. 2(2), Sch. 2; Sch. 4 para. 83(4) in force (W.) at 1.12.1999 by S.I. 1999/3184, art. 2(2), Sch. 2; Sch. 4 para. 83 (except sub-para. (6)) in force (E.) at 4.1.2000 insofar as not already in force by S.I. 1999/2342, art. 2(3)(a), Sch. 2; Sch. 4 para. 83(6) in force (W.) at 1.4.2000 by S.I. 2000/1026, art. 2(1), Sch. (with art. 2(2))
84(1)Schedule 3 (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 otherwise than as trustee ”,
(b)for “that amount” there is substituted “ that sum ”.
(3)For paragraph 7 (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 under section 17 of the principal Act; but nothing in this paragraph applies in relation to money held by an NHS trust as trustee”.
(4)After that paragraph there is inserted—
“8 Any direction under section 17 of the principal Act with respect to—
(a)the power conferred on an NHS trust by paragraph 1 above; or
(b)the maximum amount which an NHS trust may invest in any investments or class of investments,
may be given only with the consent of the Treasury.”
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.
Commencement Information
I10Sch. 4 para. 84 not in force at Royal Assent, see s. 67(1); Sch. 4 para. 84 in force (E.) at 1.9.1999 by S.I. 1999/2342, art. 2(1), Sch. 1; Sch. 4 para. 84 in force (W.) at 1.4.2000 by S.I. 2000/1026, art. 2(1), Sch.
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