Health Act 2006

National Health Service Act 1977 (c. 49) U.K.

Prospective

6 U.K. [F1 The 1977 Act has effect subject to the following amendments.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

7 [F1 (1) Section 3 (services generally) is amended as follows. U.K.

(2) In subsection (1)(c) after “dental,” insert “ ophthalmic, ”.

(3) In subsection (3) after “ophthalmic” insert “ services in Wales ”.

(4) In subsection (4)—

(a) in paragraph (a) for “or 16CC(2)” substitute “ , 16CC(2) or 16CD(4) ”,

(b) in paragraph (b) for “or a general dental services contract” substitute “ , a general dental services contract or a general ophthalmic services contract ”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

8 U.K. [F1 In section 15(1)(a) (duty of Health Authority in relation to family health services)—

(a) omit “general ophthalmic services”,

(b) at the end add “ and also such arrangements for the provision of primary ophthalmic services for their area if it is in England, or general ophthalmic services for their area if it is in Wales; ”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

9 U.K. [F1 In section 18A(3) (provision of services etc.)—

(a) in paragraph (a), omit “general ophthalmic or”,

(b) in paragraph (b), for “ or primary dental services ” substitute “, primary dental services or primary ophthalmic services”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

10 U.K. [F1 In section 19(1) (advisory committees for Wales) for paragraph (e) substitute—

“(e) the optometrists,”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

11 U.K. [F1 In section 26 (supply of goods and services by Secretary of State)—

(a) in subsection (2)(b), for “or a general dental services contract” substitute “ , a general dental services contract or a general ophthalmic services contract ”,

(b) in subsection (4)(aa), for “or a general dental services contract” substitute “ , a general dental services contract or a general ophthalmic services contract ”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

12 U.K. [F1 In section 38(1) (arrangements for general ophthalmic services)—

(a) omit “of every Primary Care Trust and”,

(b) for “ophthalmic opticians” substitute “ optometrists ”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

13 [F1 (1) Section 39 (regulations as to section 38) is amended as follows. U.K.

(2) In subsection (1)(a) omit “by each Primary Care Trust and”.

(3) In subsection (1)(a) and (d) for “ophthalmic opticians” substitute “ optometrists ”.

(4) In subsections (1)(b) and (c) and (2)(a) for “ophthalmic optician” substitute “ optometrist ”.

(5) In subsections (1) and (2) omit “Primary Care Trust or” in each place where it occurs.

(6) In subsection (3) omit “Primary Care Trust or” and “of the Primary Care Trust or”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

14 U.K. [F1 In section 41(3)(d) (arrangements for pharmaceutical services) for “ophthalmic opticians” substitute “ optometrists ”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

15 U.K. [F1 In section 43D(1) (supplementary lists) at the end add “ (but in relation to general ophthalmic services this subsection has effect with the omission of the references to Primary Care Trusts) ”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

16 U.K. [F1 In section 44(B2) (recognition of Local Optical Committees and Local Pharmaceutical Committees)—

(a) omit paragraph (a),

(b) omit “the Local Optical Committee or”,

(c) omit “, as the case may be,”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

17 [F1 (1) Section 45A (Local Medical Committees) is amended as follows. U.K.

(2) In subsection (3), omit “and” at the end of paragraph (a) and after that paragraph insert—

“(aa) every medical practitioner who, under a general ophthalmic services contract entered into by him, is providing primary ophthalmic services in the area for which the committee is formed; and”.

(3) For subsection (4)(a) substitute—

“(a) who is performing primary medical services or primary ophthalmic services in the area for which the committee is formed—

(i) pursuant to section 16CC(2)(a) or 16CD(4)(a) above respectively;

(ii) (in relation to primary medical services) in accordance with section 28C arrangements; or

(iii) under a general medical services contract or a general ophthalmic services contract, as the case may be; and”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

18 U.K. [F1 In section 49F(1)(d) (disqualification of practitioners) for “ophthalmic opticians” substitute “ optometrists ”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

19 U.K. [F1 In section 49H(1)(a) and (b) (fraud and unsuitability: supplementary) for “ophthalmic optician” substitute “ optometrist ”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

20 U.K. [F1 In section 49N(4)(b) (national disqualification) omit “(or, in the case of a medical list, to nominate or approve him for inclusion in it)”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

21 U.K. [F1 In section 72(5) (permission for use of facilities in private practice)—

(a) in paragraph (a) for “ophthalmic opticians” substitute “ optometrists ”,

(b) in paragraph (d)—

(i) for “or primary dental services” substitute “ , primary dental services or primary ophthalmic services ”,

(ii) for “or a general dental services contract” substitute “ , a general dental services contract or a general ophthalmic services contract ”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

22 U.K. [F1 In section 103(1)(a) (special arrangements as to payment of remuneration) for “or primary dental services” substitute “ , primary dental services or primary ophthalmic services ”.]

Textual Amendments

F1 Sch. 8 paras. 6-22 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Prospective

F2 23 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 8 para. 23 repealed (E.W.) (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by National Health Service (Pre - consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

24 U.K. In section 128(1) (interpretation and construction)—

(a) at the appropriate place insert—

““financial year” means a period of 12 months ending with 31st March in any year;”,

(b) in the definition of “ophthalmic optician”, for “ “ophthalmic optician”” substitute “ “optometrist” ”.

Commencement Information

I1 Sch. 8 para. 24(a) in force at 1.10.2006 except so far as relating to Welsh NHS bodies by S.I. 2006/2603, art. 5(b)

I2 Sch. 8 para. 24(a) in force at 1.2.2007 in so far as not already in force by S.I. 2007/204, art. 4(b)

Prospective

25 U.K. [F3 In Schedule 9A (the Family Health Services Appeal Authority), in paragraph 6(c) for “ophthalmic optician” substitute “optometrist”.]

Textual Amendments

F3 Sch. 8 para. 25 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)