Health Protection Agency Act 2004

Section 11

SCHEDULE 3 Amendments

Parliamentary Commissioner Act 1967 (c. 13)

1 (1) The Parliamentary Commissioner Act 1967 is amended as follows.

(2) In Schedule 2 (departments etc. subject to investigation) at the appropriate place there is inserted—

“Health Protection Agency.”

(3) In the Notes to Schedule 2, after paragraph 11 there is inserted the following paragraph—

“12 (1) This paragraph applies in relation to the Health Protection Agency.

(2) No investigation is to be conducted in relation to any action taken by or on behalf of the Agency in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998).”

Radiological Protection Act 1970 (c. 46)

2 The Radiological Protection Act 1970 (so far as not repealed by or under any other enactment) shall cease to have effect.

Immigration Act 1971 (c. 77)

3 In Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry) in paragraph 1 after sub-paragraph (2) there is inserted the following sub-paragraph—

“(2A) The Secretary of State may direct that his function of appointing medical inspectors under sub-paragraph (2) is also to be exercisable by such persons specified in the direction who exercise functions relating to health in England or Wales.”

Local Government Act 1972 (c. 70)

4 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other authorities and bodies) in subsection (1A)—

(a) after “enter into an agreement with” there is inserted “the Health Protection Agency,”;

(b) in paragraph (a) after “disposal of” there is inserted “the Health Protection Agency,”;

(c) in paragraph (b) after “employed by” there is inserted “the Health Protection Agency,”.

Health and Safety at Work etc. Act 1974 (c. 37)

5 (1) The Health and Safety at Work etc. Act 1974 is amended as follows.

(2) In section 16(2) (consultation before approving code of practice), in paragraph (a) for “the National Radiological Protection Board” there is substituted “the Health Protection Agency”.

(3) In section 50(3) (consultation before submission of proposals for regulations), in paragraph (a) for “the National Radiological Protection Board” there is substituted “the Health Protection Agency”.

House of Commons Disqualification Act 1975 (c. 24)

6 In the House of Commons Disqualification Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), at the appropriate place there is inserted the following entry—

“Chairman or non-executive member of the Health Protection Agency.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

7 In the Northern Ireland Assembly Disqualification Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), at the appropriate place there is inserted the following entry—

“Chairman or non-executive member of the Health Protection Agency.”

Race Relations Act 1976 (c. 74)

8 In the Race Relations Act 1976, in Part 2 of Schedule 1A (persons subject to general statutory duty) at the appropriate place there is inserted the following entry—

“The Health Protection Agency.”

National Health Service (Scotland) Act 1978 (c. 29)

9 In section 17A of the National Health Service (Scotland) Act 1978 (NHS contracts) for subsection (2)(h) there is substituted—

“(h) the Health Protection Agency;”.

Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))

10 (1) The Health and Safety at Work (Northern Ireland) Order 1978 is amended as follows.

(2) In Article 18(2) (consultation before approving code of practice), in sub-paragraph (a) for “the National Radiological Protection Board” there is substituted “the Health Protection Agency”.

(3) In Article 46(3) (consultation before submission of proposals for regulations), in sub-paragraph (a) for “the National Radiological Protection Board” there is substituted “the Health Protection Agency”.

National Health Service and Community Care Act 1990 (c. 19)

11 (1) The National Health Service and Community Care Act 1990 is amended as follows.

(2) In section 4 (NHS contracts) in subsection (2) after paragraph (i) there is inserted the following paragraph—

“(ii) the Health Protection Agency;”.

(3) In section 21(2) (bodies in respect of which schemes may be made for meeting certain losses and liabilities) before “but a scheme under this section” there is inserted the following paragraph—

“(d) the Health Protection Agency,”.

Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))

12 In Article 8(2)(g) of the Health and Personal Social Services (Northern Ireland) Order 1991 (certain health bodies with power to make arrangements with one another) for paragraph (vi) there is substituted—

“(vi) the Health Protection Agency;”.

Employment Rights Act 1996 (c. 18)

13 In section 218(10) of the Employment Rights Act 1996 (health service employers where change does not affect continuity of employment) after paragraph (d) there is inserted the following paragraph—

“(dd) the Health Protection Agency.”

Government of Wales Act 1998 (c. 38)

14 In Schedule 5 to the Government of Wales Act 1998 (bodies subject to power of Assembly to require attendance and production of documents) after paragraph 20 there is inserted the following paragraph—

“20A The Health Protection Agency.”

Freedom of Information Act 2000 (c. 36)

15 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 at the appropriate place there is inserted—

“The Health Protection Agency.”

International Development Act 2002 (c. 1)

16 In Schedule 1 to the International Development Act 2002 (statutory bodies which may agree to exercise certain functions outside the United Kingdom) after “A Health Board” there is inserted—

“Health Protection Agency”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

17 (1) Section 133 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information by medical inspectors) is amended as follows.

(2) In subsection (4)(a) after sub-paragraph (v) there is inserted “or

(vi) the Health Protection Agency.”

(3) In subsection (4)(b) after sub-paragraph (iii) there is inserted “or

(iv) the Health Protection Agency.”

(4) In subsection (4)(c)—

(a) after sub-paragraph (i) omit “or”;

(b) after sub-paragraph (ii) there is inserted the following sub-paragraph—

“(iii) the Health Protection Agency, or”.

(5) In subsection (4)(d)—

(a) after sub-paragraph (ii) omit “or”;

(b) after sub-paragraph (iii) there is inserted “or

(iv) the Health Protection Agency.”

Scottish Public Services Ombudsman Act 2002 (asp 11)

18 (1) The Scottish Public Services Ombudsman Act 2002 is amended as follows.

(2) In section 7 (matters which may be investigated: restrictions), after subsection (6) there is inserted—

“(6A) The Ombudsman must not investigate action taken by or on behalf of the Health Protection Agency in the exercise in or as regards Scotland of any function to the extent that the function is not exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998 (c. 46)).”

(3) In Schedule 2 (persons liable to investigation) after paragraph 89 (Unrelated Live Transplant Regulatory Authority) there is inserted the following—

“Other bodies

90 The Health Protection Agency.”

The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003 (S.I. 2003/505)

19 The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003 is revoked.

The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003 (S.I. 2003/506)

20 The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003 are revoked.