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

SCHEDULES

SCHEDULE 8 Provisions arising out of removal of Crown Immunities from Health Service Bodies

Part I Amendments Continuing Certain Statutory Exemptions

The Employers' Liability (Compulsory Insurance) Act 1969

1 In section 3 of the [1969 c. 57.] Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2) after the words “sub-section (1)(a) above” there shall be inserted—

“(a) a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, and a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978; and

(b)”.

The Vehicles (Excise) Act 1971

2 In section 7 of the [1971 c. 10.] Vehicles (Excise) Act 1971 (miscellaneous exemptions from duty), after subsection (4) there shall be inserted the following subsection—

“(4A) A mechanically propelled vehicle shall not be chargeable with any duty under this Act at a time when it is used or kept on a road by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990 or a National Health Service trust established under Part I of that Act or the [1978 c. 29.] National Health Service (Scotland) Act 1978.”

The Copyright, Designs and Patents Act 1988

3 At the end of section 48 of the [1988 c. 48.] Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business) there shall be added the following subsection—

“(6) In this section “the Crown” includes a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, and a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978; and the reference in subsection (1) above to public business shall be construed accordingly.”

The Road Traffic Act 1988

4 In section 144 of the [1988 c. 52.] Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security) in subsection (2) after paragraph (d) there shall be inserted the following paragraphs—

“(da) to a vehicle owned by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, at a time when the vehicle is being driven under the owner’s control,

(db) to an ambulance owned by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978, at a time when a vehicle is being driven under the owner’s control”.