National Health Service Reform and Health Care Professions Act 2002

Part 1 E+W Amendments of 1977 Act

1 The 1977 Act is amended as follows. E+W

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

I1 Sch. 1 para. 1 wholly in force at 1.10.2002; Sch. 1 para. 1 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 1 in force for certain purposes for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

2 In section 12 (provision supplementary to sections 8 and 11), in subsection (2)(a), at the beginning there is inserted“Strategic Health Authorities and”. E+W

3 In section 16 (exercise of functions)— E+W

(a) in subsection (1), after “exercisable by” there is inserted “ a Strategic Health Authority or ”,

(b) in subsection (2)—

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

“(za) by another Strategic Health Authority;”,

and

(ii) in paragraph (c), after “Local Health Boards” (inserted by paragraph 5 of Schedule 5) there is inserted “ , other Strategic Health Authorities ”, and

(c) in subsection (4)(a), before “Health Authority” (in both places) there is inserted “ Strategic Health Authority 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

I2 Sch. 1 para. 3 wholly in force at 1.10.2002; Sch. 1 para. 3 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 3 in force for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

4 In section 16B (exercise of functions by Primary Care Trusts)— E+W

(a) in subsection (2)(c), after “following:” there is inserted “ Strategic Health Authorities, ”, and

(b) in subsection (3)(c), after “one or more” there is inserted “ Strategic Health Authorities, ”.

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

I3 Sch. 1 para. 4 wholly in force at 1.10.2002; Sch. 1 para. 4 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 4 in force for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

5 In section 16C (advice for Health Authorities and Primary Care Trusts)— E+W

(a) in subsection (1), after “Every” there is inserted “ Strategic Health Authority and every ”, and

(b) in subsection (2), before “Health Authorities” there is inserted “ Strategic Health Authorities and ”.

6 In section 16D (Secretary of State’s directions: distribution of functions)— E+W

(a) in subsection (1), after “direct a” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (2), after “of a” there is inserted “ Strategic Health Authority 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

I4 Sch. 1 para. 6 wholly in force at 1.10.2002; Sch. 1 para. 6 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 6 in force for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

7 In section 17 (Secretary of State’s directions: exercise of functions), in subsection (2), before paragraph (a) there is inserted— E+W

“(za) Strategic Health Authorities;”.

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

I5 Sch. 1 para. 7 wholly in force at 1.10.2002; Sch. 1 para. 7 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 7 in force for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

8 In section 17B (Health Authority’s directions: exercise of functions), in subsection (1), for “Health Authority” there is substituted “ Strategic Health Authority ”. E+W

9 In section 18 (directions and regulations under preceding provisions), in subsection (1B), for “Health Authority” there is substituted “ Strategic Health Authority ”. E+W

10 In section 22 (co-operation between Health Authorities and local authorities), in subsection (1A), before paragraph (a) there is inserted— E+W

“(za) a Strategic Health Authority;”.

11 In section 23 (voluntary organisations and other bodies), in subsection (2), after “or by a” there is inserted “ Strategic Health Authority, ”. E+W

12 In section 26 (supply of goods and services by the Secretary of State)— E+W

(a) in subsection (1)(b), after “State or by a” there is inserted “ Strategic Health Authority, ”,

(b) in subsection (3), in each of paragraphs (b) and (c), after “or a” there is inserted “ Strategic Health Authority, ”, and

(c) in subsection (4)(b), after “providing” there is inserted “ Strategic Health Authorities, ”.

13 In section 27 (conditions of supply under section 26)— E+W

(a) in subsection (1)—

(i) after “officer of a” there is inserted “ Strategic Health Authority, ”, and

(ii) after “that the” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (3), after “directions to” there is inserted “ Strategic Health Authorities, ”.

14 In section 28 (supply of goods and services by local authorities)— E+W

(a) in subsection (1), after “any” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (3)—

(i) after “available to” there is inserted “ Strategic Health Authorities, ”, and

(ii) after “to enable” there is inserted “ Strategic Health Authorities, ”.

15 In section 28A (power to make payments towards expenditure on community services), in subsection (2B), after “by a” there is inserted “ Strategic Health Authority, ”. E+W

16 In section 28BB (power of local authorities to make payments to NHS bodies), in subsection (2), after “means a” there is inserted “ Strategic Health Authority or ”. E+W

17 In section 37 (Dental Practice Board), in subsection (1)(b), for “Health Authority” there is substituted “ Strategic Health Authority ”. E+W

18 In section 49S (the Family Health Services Appeal Authority), in subsection (8)(b), after “by a” there is inserted “ Strategic Health Authority, ”. E+W

19 In section 51 (university clinical teaching and research)— E+W

(a) in subsection (2)—

(i) after “by a” there is inserted “ Strategic Health Authority, ”, and

(ii) after “by the” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (3), before paragraph (a) there is inserted—

“(za) Strategic Health Authorities;”.

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

I6 Sch. 1 para. 19 wholly in force at 1.10.2002; Sch. 1 para. 19 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 19 in force for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

20 In section 65 (accommodation and services for private patients), before “Health Authority or”, in each place where it occurs, there is inserted “ Strategic Health Authority, ”. E+W

21 In section 84A (intervention orders), in subsection (2), before paragraph (a) there is inserted— E+W

“(za) Strategic Health Authorities,”.

22 In section 84B (intervention orders: effect)— E+W

(a) in subsection (1), in each of paragraphs (a) and (b), after “of a” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (6), before “a Health Authority” there is inserted “ a Strategic Health Authority or ”.

23 In section 85 (default powers), in subsection (1), before paragraph (a) there is inserted— E+W

“(za) a Strategic Health Authority;”.

24 In section 90 (gifts on trust), after “A” there is inserted “ Strategic Health Authority, ”. E+W

25 In section 91 (private trusts for hospitals), in subsection (3)(d), after “case, the” there is inserted “ Strategic Health Authority, ”. E+W

26 In section 92 (further transfers of trust property)— E+W

(a) in subsection (1), after “functions of any” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (1A), before paragraph (a) there is inserted—

“(za) a Strategic Health Authority;”.

27 In section 96 (trusts: supplementary provisions), in subsection (1A)(a), after “or a” there is inserted “ Strategic Health Authority, ”. E+W

28 In section 96A (power of health authorities, etc to raise money)— E+W

(a) in subsection (1), before “Health Authority,”, in both places, there is inserted “ Strategic Health Authority, ”,

(b) in subsection (3), after “benefit of the” there is inserted “ Strategic Health Authority, ”,

(c) in subsection (4), before “Health Authority,” there is inserted “ Strategic Health Authority, ”,

(d) in subsection (5)(b), before “Health Authority” there is inserted “ Strategic Health Authority, ”, and

(e) in each of subsections (7), (8) and (9), before “Health Authority,”, in each place where it occurs, there is inserted “ Strategic Health Authority, ”.

29 In section 98 (accounts and audit)— E+W

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

“(za) every Strategic Health Authority;”,

and

(b) in subsection (2AA), for “Health Authority” there is substituted “ Strategic Health Authority ”.

30 In section 99 (regulation of financial arrangements), in subsection (1), before paragraph (a) there is inserted— E+W

“(za) Strategic Health Authorities,”.

31 In section 125 (protection of members and officers of authorities), before paragraph (a) there is inserted— E+W

“(za) a Strategic Health Authority;”.

32 In section 126 (orders and regulations, and directions), in subsection (3A), after “or by a” there is inserted “ Strategic Health Authority or ”. E+W

33 In section 128 (interpretation and construction), in subsection (1A), before “Health Authority,”, in both places, there is inserted “ Strategic Health Authority, ”. E+W

34 (1) Schedule 5 (which relates to the constitution of Health Authorities and Special Health Authorities) is amended as provided in this paragraph. E+W

(2) In Part 1 (membership of Health Authorities)—

(a) for “Health Authority”, in each place where it occurs, there is substituted “ Strategic Health Authority ”,

(b) in paragraph 4, for “Health Authorities” there is substituted “ Strategic Health Authorities ”,

(c) after paragraph 4 there is inserted—

“4A Paragraphs 1 to 4 above apply in relation to Health Authorities as they apply in relation to Strategic Health Authorities.”,

and

(d) in the heading, for “Membership of Health Authorities” there is substituted “ Membership of Strategic Health Authorities and Health Authorities ”.

(3) In Part 3 (supplementary provisions)—

(a) in paragraph 8, after “Each” there is inserted “ Strategic Health Authority, each ”, and

(b) in paragraph 9, in sub-paragraph (7)(a), before “Health Authority” there is inserted “ Strategic Health Authority or ”.

35 (1) Schedule 5A (which relates to Primary Care Trusts) is amended as provided in this paragraph. E+W

(2) In Part 2 (Constitution and Membership), in paragraph 10, after “in relation to” there is inserted “ Strategic Health Authorities, ”.

(3) In Part 3 (Powers and duties), in paragraph 20, for “Health Authority” there is substituted “ Strategic Health Authority ”.

(4) In Part 4 (Transfer of property), in paragraph 21, for “Health Authority” (in each place where it occurs) there is substituted “ Strategic Health Authority ”.

(5) In Part 5 (Transfer of staff), in paragraph 23(2), for paragraph (a) there is substituted—

“(a) a Strategic Health Authority,”.