The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004

1.—(1) The Health Services and Public Health Act 1968 is amended as follows.

(2) In section 59 (extension of power of user by Crown of patented invention to user for certain health purposes)(1)–

(a) in subsection (2), after “1978” insert “(in the case of pharmaceutical services or general dental services)”;

(b) in subsection (2A) –

(i) omit “respective”; and

(ii) after “1978 Act” insert “(in the case of personal dental services)”; and

(c) in subsection (2C), for the words from “the” where it first occurs to “and” where it second occurs substitute “reference to primary medical services is a reference to primary medical services provided under Part 1 of the 1977 Act, Part 1 of the 1978 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man and the reference to primary dental services is a reference to”.

(3) In section 63(2)(aa) (provision of instruction for officers of hospital authorities and other persons)(2), after “Act” insert “or the provision or performance of a primary medical service under Part 1 of the National Health Service (Scotland) Act 1978”.

(4) In section 64(4) (financial assistance to certain voluntary organisations)(3), after “make arrangements” insert “or any service which a Health Board is under a duty to provide under section 2C of that Act”.

(1)

Relevant amendments to section 59 were made by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), Schedule 2, paragraph 1(2), by the Health and Social Care Act 2001 (c. 15), Schedule 5, paragraph 1(2)(b), and by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”), Schedule 11, paragraph 3(3), (4) and (5).

(2)

Section 63(2)(aa) was inserted by the 2003 Act, Schedule 11, paragraph 4(a).

(3)

Relevant amendments to section 64(4) were made by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6, paragraph 136(b), and by the National Health Service (Scotland) Act 1978 (c. 29), Schedule 16, paragraph 27(b).