SCHEDULES
SCHEDULE 1 The F8English F39...F40Commissioner
Words in Sch. 1 heading omitted (14.7.2004) by virtue of The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(a)
Word in Sch. 1 heading substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(a)
F2 Introductory
Sch. 1 para A1 and crossheading inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(3) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F1A1
In this Schedule references to a Commissioner (or Health Service Commissioner) are to the Health Service Commissioner for England F59....
Appointment of Commissioners
1
1
Her Majesty may by Letters Patent appoint a person to be a Commissioner and a person so appointed shall hold office during good behaviour.
2
A person appointed to be a Commissioner—
a
may at his own request be relieved of office by Her Majesty, or
b
F44c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and shall in any case vacate office on completing the year of service in which he attains the age of sixty-five.
3
Her Majesty may declare the office of Commissioner to have been vacated if satisfied that the person appointed to be the Commissioner is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.
Appointment of acting F41Commissioner
Word in Sch. 1 para. 2 heading substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 17(11)(d)
C12
1
2
A person appointed under this paragraph shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—
a
until the appointment of the new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first, and
b
in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Secretary of State may, with the approval of the Treasury, determine.
3
A person appointed under this paragraph shall, while he holds office, be treated for all purposes except those of paragraphs 4 to 10 as the Commissioner.
Ineligibility of certain persons for appointment
3
1
A person who is a member of a relevant health service body shall not be appointed a Commissioner or acting Commissioner; and a person so appointed shall not, during his appointment, become a member of such a body.
2
For this purpose a “relevant health service body” means—
F49b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43A
1
A person who is a relevant family health service provider shall not be appointed a Commissioner or acting Commissioner; and a person so appointed shall not, during his appointment, become a relevant family health service provider.
2
For this purpose a “relevant family health service provider” means—
F52b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Salaries
4
F5(a) There shall be paid to the holder of the office of a Commissioner the same salary as if he were employed in the civil service of the State in such appointment as the House of Commons may by resolution from time to time determine; and any such resolution may take effect from the date on which it is passed or from such other date as may be specified in it.
F53b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The salary payable to a holder of the office of a Commissioner shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he has previously been appointed or elected.
C26
1
Where a person holds—
a
the office of Parliamentary Commissioner, and
b
F54the office of Health Service Commissioner,
he shall, so long as he does so, be entitled only to the salary pertaining to the office of Parliamentary Commissioner.
F552
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensions and other benefits
7
Schedule 1 to the M1Parliamentary Commissioner Act 1967 (which relates to pensions and other benefits) has effect with respect to persons who hold or have held office as a Commissioner as it has effect with respect to persons who hold or have held office as the Parliamentary Commissioner.
8
In computing the salary of a former holder of the office of Commissioner for the purposes of Schedule 1 to the 1967 Act, there shall be disregarded—
a
any abatement of that salary under paragraph 5,
b
any temporary abatement of that salary in the national interest, and
c
any voluntary surrender of that salary in whole or in part.
C39
1
In this paragraph, “relevant office” means the office of Parliamentary Commissioner or F56the office of Health Service Commissioner.
2
The Treasury may by regulations provide that Schedule 1 to the Parliamentary Commissioner Act 1967 shall have effect, in relation to persons who have held more than one relevant office, with such modifications as it considers necessary in consequence of those persons having held more than one such office; and different regulations may be made in pursuance of paragraph 4 of Schedule 1 to the 1967 Act in relation to different relevant offices.
3
A person shall not be entitled to make simultaneously different elections in pursuance of paragraph 1 or 2 of Schedule 1 to the 1967 Act in respect of different relevant offices.
4
Where a person has made or is treated as having made an election in pursuance of paragraph 1 or 2 of Schedule 1 to the 1967 Act in respect of any relevant office, he shall be deemed to have made the same election in respect of all such other offices to which he is, or is subsequently, appointed.
5
No account shall be taken for the purposes of Schedule 1 to the 1967 Act of a period of service in a relevant office if salary in respect of the office was not paid for that period.
6
Regulations under this paragraph may make such incidental or supplementary provision as the Treasury considers necessary.
7
Regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
10
In any case where a person makes an election under paragraph 2(1)(a) of Schedule 1 to the M2Parliamentary Commissioner Act 1967 (as substituted by Part II of Schedule 4 to the M3Judicial Pensions and Retirement Act 1993) so that Schedule 1 to the 1967 Act continues to have effect in relation to him as it did before the coming into force of Part II of Schedule 4 to the 1993 Act, this Schedule shall have effect—
a
as if in paragraph 7 the words “hold or” (in both places) and in paragraph 9(3) and (4) the words “or 2” (in both places) were omitted, and
b
as if for the reference in paragraph 9(2) to paragraph 4 of Schedule 1 to the 1967 Act there were substituted a reference to paragraph 8 of that Schedule.
Staff and advisers
11
1
A Commissioner may appoint such officers as he may determine with the approval of the Treasury as to numbers and conditions of service.
F62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
13
1
To assist him in any investigation a Commissioner may obtain advice from any person who, in his opinion, is qualified to give it.
2
A Commissioner may pay to any such person from whom he obtains advice under this paragraph such fees or allowances as he may determine with the approval of the Treasury.
Financial provisions
14
The expenses of a Commissioner F58... under this Act—
a
shall be paid out of money provided by Parliament, and
b
shall not exceed such amount as the Treasury may sanction.
15
Any salary, pension or other benefit payable by virtue of paragraph 2 and paragraphs 4 to 9 shall be charged on and issued out of the Consolidated Fund.
F38SCHEDULE 1A The Welsh Commissioner
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F10 Appointment
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F91
1
The Health Service Commissioner for Wales shall be appointed by Her Majesty.
2
Subject to sub-paragraphs (3) and (4), the Health Service Commissioner for Wales shall hold office until the end of the year of service in which he attains the age of 65.
3
Her Majesty may relieve the Health Service Commissioner for Wales of office before the end of that year of service—
a
at his request, or
b
on Her Majesty being satisfied that he is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.
4
Her Majesty may remove the Health Service Commissioner for Wales from office before the end of the year of service in which he attains the age of 65 if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly.
F12Status
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F112
1
The Health Service Commissioner for Wales shall be regarded as holding office under Her Majesty and as exercising his functions on behalf of the Crown.
2
Service as the Health Service Commissioner for Wales shall not be service in Her Majesty’s Home Civil Service but he shall be taken to be a Crown servant for the purposes of the M4Official Secrets Act 1989.
F14Appointment of acting Commissioner
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F133
1
Where the office of Health Service Commissioner for Wales becomes vacant, Her Majesty may, at any time during the period of twelve months beginning with the date on which the vacancy arose, appoint a person to act as that Commissioner.
2
Subject to sub-paragraphs (3) to (5), an acting Health Service Commissioner for Wales shall hold office in accordance with the terms of his appointment.
3
An acting Health Service Commissioner for Wales shall not hold office after—
a
the appointment of a new Health Service Commissioner for Wales, or
b
the end of the period of twelve months beginning with the date on which the vacancy arose,
whichever occurs first.
4
Her Majesty may at any time relieve an acting Health Service Commissioner for Wales of office—
a
at his request, or
b
on Her Majesty being satisfied that he is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.
5
Her Majesty may remove an acting Health Service Commissioner for Wales from office at any time if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly.
6
A person appointed under this paragraph shall, while he holds office, be regarded for all purposes (except those of paragraph 1 and this paragraph) as the Health Service Commissioner for Wales.
F16Ineligibility of certain persons for appointment
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F154
1
A person who is a member of a body mentioned in section 2(1) or (2) shall not be appointed as Health Service Commissioner for Wales or acting Health Service Commissioner for Wales; and a person so appointed shall not, during his appointment, become a member of such a body.
2
A person mentioned in section 2A(1) or (2) shall not be appointed as Health Service Commissioner for Wales or acting Health Service Commissioner for Wales; and a person so appointed shall not, during his appointment, become a person so mentioned.
F18Remuneration
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F175
1
The Assembly shall—
a
pay the Health Service Commissioner for Wales such salary and any such allowances, and
b
make any such payments towards the provision of superannuation benefits for or in respect of him,
as may be provided for by or under the terms of his appointment.
2
But where the Health Service Commissioner for Wales is also—
a
Parliamentary Commissioner, or
b
Welsh Administration Ombudsman,
he shall not be entitled to any salary as Health Service Commissioner for Wales.
3
Where the Health Service Commissioner for Wales also holds F60the other office of Health Service Commissioner, he shall be entitled only to the salary pertaining to such one of the offices of Health Service Commissioner as he selects.
4
The Assembly shall pay to or in respect of a person who has ceased to hold office as Health Service Commissioner for Wales such amounts (if any) by way of—
a
pension or gratuities, or
b
provision for those benefits,
as may have been provided for by or under the terms of his appointment.
5
In Schedule 1 to the M5Superannuation Act 1972 (offices etc. to which section 1 of that Act applies), in the list of “Offices” insert—
“Health Service Commissioner for Wales.”
6
The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the M6Superannuation Act 1972.
F20Staff and advisers
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F196
1
The Health Service Commissioner for Wales may appoint such staff as he considers necessary for assisting him in the exercise of his functions.
2
The Health Service Commissioner for Wales shall include among his staff such persons having a command of the Welsh language as he considers are needed to enable him to investigate complaints in Welsh.
3
Service as a member of the staff of the Health Service Commissioner for Wales shall be service in Her Majesty’s Home Civil Service.
4
The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the M7Superannuation Act 1972.
5
Any function of the Health Service Commissioner for Wales may be exercised by—
a
a member of his staff,
b
a member of the staff of the Welsh Administration Ombudsman, or
c
an officer of the Parliamentary Commissioner or of F61the other Health Service Commissioner,
if authorised by the Health Service Commissioner for Wales for that purpose; and references in any enactment to a member of the staff of the Health Service Commissioner for Wales include any person exercising any function of his by virtue of paragraph (b) or (c).
6
To assist him in the exercise of his functions the Health Service Commissioner for Wales may obtain advice from any person who, in his opinion, is qualified to give it.
7
The Health Service Commissioner for Wales may pay to any person from whom he obtains advice under sub-paragraph (6) any such fees or allowances as he may determine.
8
No arrangements shall be made—
a
for any of the functions of the Health Service Commissioner for Wales or of the Assembly to be exercised by the other or by a member of the other’s staff, or
b
for the provision of any administrative, professional or technical services by the Health Service Commissioner for Wales or the Assembly for the other.
F22Reports
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F217
1
The Health Service Commissioner for Wales—
a
shall annually prepare and lay before the Assembly a general report on the performance of his functions, and
b
may from time to time prepare and lay before the Assembly such other reports with respect to his functions as he thinks fit.
2
The Assembly shall, and the Health Service Commissioner for Wales may, publish reports laid before the Assembly under this paragraph.
F24Expenses
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F238
1
The expenses of the Health Service Commissioner for Wales shall, so far as they cannot be met out of income received by him, be met by the Assembly.
2
Those expenses include any sums payable by the Health Service Commissioner for Wales in consequence of a breach, in the course of the performance of any of his functions, of any contractual or other duty (whether that breach occurs by reason of his act or omission or that of a member of his staff or any other person assisting him in the exercise of his functions).
F26Estimates
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F259
1
For each financial year after the first financial year of the Assembly the Health Service Commissioner for Wales shall prepare, and submit to the executive committee, an estimate of the income and expenses of his office.
2
Each such estimate shall be submitted to the executive committee at least five months before the beginning of the financial year to which it relates.
3
The executive committee shall examine each such estimate submitted to it and, after having done so, shall lay the estimate before the Assembly with any such modifications as the committee thinks fit.
4
Where the executive committee proposes to lay such an estimate before the Assembly with modifications, the committee shall first consult the Secretary of State and have regard to any advice which he may give.
5
In this paragraph “the executive committee” means the committee of the Assembly referred to as the executive committee in the Government of Wales Act 1998.
F28Accounts
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F2710
1
The Health Service Commissioner for Wales shall keep proper accounting records.
2
The Health Service Commissioner for Wales shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury.
3
The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to—
a
the information to be contained in the accounts and the manner in which it is to be presented,
b
the methods and principles in accordance with which the accounts are to be prepared, and
c
the additional information (if any) that is to accompany the accounts.
F31Audit
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F2911
C41
The accounts prepared by the Health Service Commissioner for Wales for any financial year shall be submitted by him to the Auditor General for Wales F30no later than 30th November of the following financial year.
2
The Auditor General for Wales shall—
a
examine and certify any accounts submitted to him under this paragraph, and
b
no later than four months after the accounts are submitted to him, lay before the Assembly a copy of them as certified by him together with his report on them.
3
In examining any accounts submitted to him under this paragraph, the Auditor General for Wales shall, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.
F33Accounting officer
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F3212
1
The accounting officer for the Office of the Health Service Commissioner for Wales shall be the Health Service Commissioner for Wales.
2
But where—
a
the Health Service Commissioner for Wales is incapable of discharging his responsibilities as accounting officer, or
b
the office of Health Service Commissioner for Wales is vacant (and there is no acting Health Service Commissioner for Wales),
the Treasury may designate a member of the staff of the Health Service Commissioner for Wales to be the accounting officer for so long as paragraph (a) or (b) applies.
3
The accounting officer for the Office of the Health Service Commissioner for Wales shall have, in relation to the accounts of the Health Service Commissioner for Wales and the finances of the Office of the Health Service Commissioner for Wales, the responsibilities which are from time to time specified by the Treasury.
4
In this paragraph references to responsibilities include in particular—
a
responsibilities in relation to the signing of accounts,
b
responsibilities for the propriety and regularity of the finances of the Office of the Health Service Commissioner for Wales, and
c
responsibilities for the economy, efficiency and effectiveness with which the resources of the Office of the Health Service Commissioner for Wales are used.
5
The responsibilities which may be specified under this paragraph include responsibilities owed to—
a
the Assembly, the executive committee or the Audit Committee of the Assembly, or
b
the House of Commons or its Committee of Public Accounts.
6
If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee of the Assembly may—
a
on behalf of the Committee of Public Accounts take evidence from the accounting officer for the Office of the Health Service Commissioner for Wales, and
b
report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.
7
In this paragraph and paragraphs 13 and 14 “the Office of the Health Service Commissioner for Wales” means the Health Service Commissioner for Wales and the members of his staff; and in this paragraph “the executive committee” has the same meaning as in paragraph 9.
F35Examinations into use of resources
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F3413
1
The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Health Service Commissioner for Wales has used the resources of the Office of the Health Service Commissioner for Wales in discharging his functions.
2
Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Health Service Commissioner for Wales.
3
In determining how to exercise his functions under this paragraph, the Auditor General for Wales shall take into account the views of the Audit Committee of the Assembly as to the examinations which he should carry out under this paragraph.
4
The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph.
F645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37Examinations by the Comptroller and Auditor General
Sch. 1A inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 17 (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F3614
1
For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Office of the Health Service Commissioner for Wales, the Comptroller and Auditor General—
a
shall have a right of access at all reasonable times to all such documents in the custody or under the control of the Health Service Commissioner for Wales, or of the Auditor General for Wales, as he may reasonably require for that purpose, and
b
shall be entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.
2
The Comptroller and Auditor General shall—
a
consult the Auditor General for Wales, and
b
take into account any relevant work done or being done by the Auditor General for Wales,
before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Health Service Commissioner for Wales under section 7 of the M8National Audit Act 1983 (economy etc. examinations).
SCHEDULE 2 Consequential amendments
The Parliamentary Commissioner Act 1967 (c.13)
1
In section 11A of the Parliamentary Commissioner Act 1967 (consultations between Parliamentary Commissioner and Health Service Commissioners) in subsection (1)(b) for the words “Part V of the National Health Service Act 1977” to the end there shall be substituted “
the Health Service Commissioners Act 1993.
”
2
In paragraph 8 of Schedule 3 to that Act (action taken by certain health service bodies not subject to investigation by the Parliamentary Commissioner) after the words “Scottish Health Service” there shall be inserted “
by the Dental Practice Board or the Scottish Dental Practice Board
”
.
The Local Government Act 1974 (c.7)
3
In section 29(5)(b) of the Local Government Act 1974 (restriction on disclosure of information by Health Service Commissioners in relation to investigations by Local Commissioners) for the words “paragraph 16 of Schedule 13 to the National Health Service Act 1977” there shall be substituted “
section 15 of the Health Service Commissioners Act 1993
”
.
4
1
Section 33 of that Act (consultation between Local Commissioners, Parliamentary Commissioner and Health Service Commissioners) shall be amended as follows.
2
In subsection (1) for the words “sections 109” to the end of paragraph (b) and for the words “Part V of the Act of 1977” there shall be substituted “
the Act of 1993,
”
.
3
In subsection (3)—
a
for the words from the beginning to “Commissioner conducting the investigation” there shall be substituted—
3
If, at any stage in the course of conducting an investigation under the Act of 1967, the Parliamentary Commissioner
b
the words “under the Act of 1967 or Part V of the Act of 1977, as the case may be,” shall be omitted.
4
In subsection (4) the words “or Part V of the Act of 1977” shall be omitted.
5
In subsection (5) for the words “paragraph 16 of Schedule 13 to the National Health Service Act 1977” there shall be substituted “
section 15 of the Act of 1993
”
.
6
In subsection (6) for the words “the Act of 1977” onwards there shall be substituted “
the “Act of 1993” means the Health Service Commissioners Act 1993.
”
The Local Government (Scotland) Act 1975 (c.30)
F625
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F636
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Hospital Complaints Procedure Act 1985 (c.42)
7
In section 1(2) of the Hospital Complaints Procedure Act 1985 for the words “under Part V” to “Commissioners)” there shall be substituted “
under the Health Service Commissioners Act 1993
”
.
The Parliamentary and Health Service Commissioners Act 1987 (c.39)
8
In section 2(1) of the Parliamentary and Health Service Commissioners Act 1987 (removal of a Commissioner on medical grounds) for the words from the beginning to “for Scotland)” there shall be substituted “
Section 1 of the 1967 Act (which deals with the appointment and tenure of office by the Parliamentary Commissioner)
”
.
SCHEDULE 3Repeals
Chapter | Short title | Extent of repeal |
|---|---|---|
1974 c. 7. | The Local Government Act 1974. | In section 33(3), the words “under the Act of 1967 or Part V of the Act of 1977 as the case may be”. |
In section 33(4), the words “or Part V of the Act of 1977”. | ||
1975 c. 30. | The Local Government (Scotland) Act 1975. | In section 31(3), the words “under the Act of 1967 or Part VI of the Act of 1978 as the case may be”. |
In section 31(4), the words “or Part VI of the Act of 1978”. | ||
1977 c. 49. | The National Health Service Act 1977. | Sections 106 to 120. |
Section 130(3)(c). | ||
Schedule 13. | ||
In Schedule 14, paragraph 17. | ||
In Schedule 15, paragraphs 60 and 61. | ||
1978 c. 29. | The National Health Service (Scotland) Act 1978. | Sections 90 to 97. |
Schedule 14. | ||
In Schedule 15, paragraph 12. | ||
1980 c. 53. | The Health Services Act 1980. | In Schedule 1, paragraphs 72 to 74. |
In Schedule 2, paragraphs 7, 8 and 9 and sub-paragraphs (a) to (f) of paragraph 11. | ||
1984 c. 36. | The Mental Health (Scotland) Act 1984. | In Schedule 3, paragraph 42. |
1987 c. 39. | The Parliamentary and Health Service Commissioners Act 1987. | Section 2(2). |
Section 4(3) to (5). | ||
Section 5. | ||
Section 6(2) and (3). | ||
Section 7. | ||
Section 8. | ||
1988 c. 49. | The Health and Medicines Act 1988. | Section 12(4) and (5). |
1989 c. 6. | The Official Secrets Act 1989. | In Schedule 1, paragraph 1(h). |
1990 c. 19. | The National Health Service and Community Care Act 1990. | In Schedule 9, paragraphs 18(10) and (11) and 19(18). |
1993 c. 8. | The Judicial Pensions and Retirement Act 1993. | Part III of Schedule 4. |
TABLE OF DERIVATIONS
1Notes:
This Table shows the derivation of the provisions of the Bill.
2
The following abbreviations are used in this Table:
1967 | = The Parliamentary Commissioner Act 1967 (c.13) |
1977 | = The National Health Service Act 1977 (c.49) |
1978 | = The National Health Service (Scotland) Act 1978 (c.29) |
1980 | = The Health Services Act 1980 (c.53) |
1987 | = The Parliamentary and Health Service Commissioners Act 1987 (c.39) |
1990 | = The National Health Service and Community Care Act 1990 (c.19) |
3
The abbreviation “Law Comm R” followed by a number refers to the recommendation set out in the paragraph of that number in the Appendix to the Report of the Law Commission and the Scottish Law Commission (Cm. 2255).
4
Certain functions of the Minister for the Civil Service were transferred to the Treasury by the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670 Articles 2(1),(2) and 3(5)). References to the Minister for the Civil Service in the National Health Service Act 1977 and the National Health Service (Scotland) Act 1978 are therefore reproduced in the Bill as references to the Treasury.
Provision | Derivation |
|---|---|
1(1) | 1977 s.106(1); 1978 s.90(1) |
(2),(3) | drafting |
2(1),(2) | 1977 s.109, s.110; 1980 Sch.1 paras.72,73, Sch.2 para.7; Health and Medicines Act 1988 (c.49) s.12(4); 1990 s.2(1), Sch.9 para.18(10),(11); Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39) art.7(20) |
(3) | 1978 s.93(1); Health and Medicines Act 1988 (c.49) s.12(5); 1990 Sch.9 para.19(18) |
(4) | drafting |
(5) | 1977 s.109(c),(d) |
(6) | 1977 s.126(1) |
3(1) | 1977 s.115; 1978 s.93(2) |
(2) | 1977 s.113(1); 1978 s.93(6) |
(3) | 1977 s.113(2); 1978 s.93(6) |
(4) | 1977 s.120(2); 1978 s.97(2) |
4(1) | 1977 s.116(1); 1978 s.93(3) |
(2) | 1977 Sch.13 para.19(5); 1978 s.93(4), Sch.14 para.6 |
(3) | 1978 s.93(4), Sch.14 para 7; Mental Health (Scotland) Act 1984 (c.36) Sch.3 para.42; Law Comm R2 |
5(1) | 1977 Sch.13 para.19(1); 1978 s.93(4), Sch.14 para.2 |
(2) | 1977 s.128(1); 1978 s.108(1); Mental Health Act 1983 (c.20) Sch.4 para.47(d); Mental Health (Scotland) Act 1984 (c.36) Sch.3 para.41 |
6(1) | 1977 s.116(2)(b) |
(2) | 1978 s.93(4), Sch.14 para.1 |
(3) | 1977 Sch.13 para.19(2); 1990 s.2(1) |
(4) | 1978 s.93(4), Sch.14 para.3 |
7(1)—(3) | 1977 Sch.13 para.19(3),(4); 1978 s.93(4), Sch.14 paras.4,5 |
(4) | 1977 s.116(3); 1978 s.93(5) |
(5) | 1977 s.126(1); 1978 s.105(2) |
8 | 1977 s.111(1); 1978 s.94(1) |
9 | 1977 s.111(2), s.112, s.114(1); 1978 s.94(2)—(4) |
10 | 1977 s.113(2), s.117; 1978 s.93(6), s.94(5); 1987 s.7, s.8 |
11 | 1967 s.7; 1977 Sch.13 paras.1-6; 1978 s.95 |
12 | 1967 s.8; Civil Evidence Act 1968 (c.64) s.17(1)(b); 1977 Sch.13 paras.7-11; 1978 s.95 |
13 | 1967 s.9; 1977 Sch.13 paras.12-14; 1978 s.95 |
14(1) | 1977 s.119(1); 1978 s.96(1); 1987 s.5(1) |
(2) | 1977 s.119(2); 1978 s.96(3); 1987 s.5(2),(3) |
(3) | 1977 s.119(3); 1978 s.96(4); 1980 Sch.2 paras.9,11 |
(4) | 1977 s.119(4)(b); 1978 s.96(5); 1980 Sch.2 paras.9,11 |
(5) | 1977 s.119(5); 1978 s.96(7) |
15 | 1967 s.11(2); 1977 Sch.13 para.16; 1978 s.95; Official Secrets Act 1989 (c.6) Sch.1 para.1 |
16 | 1967 s.11(3); 1977 Sch.13 para.17,18; 1978 s.95 |
17 | 1977 Sch.13 para.16A; 1978 s. 95A(3); 1987 s.4(4),(5) |
18 | Local Government (Scotland) Act 1975 (c.30) s.31(3)–(4); 1977 s.118(1)–(3); 1978 s.95A(1),(2); 1987 s.4(3),(5); Law Comm R4 |
19 | 1977 s.120(1), s.128(1); 1978 s.97(1), s.108(1) |
20 | |
21 | |
22 | 1977 s.130(3),(4) |
Sch. 1 para.1 | 1977 s.106(2)–(3A); 1978 s.90(2)–(3A); 1987 s.2(1),(2) |
para.2 | 1977 s.108A(1)–(3); 1978 s.92A(1)–(3); 1987 s.6(2),(3) |
para.3 | 1977 s.106(4), s.108A(5); 1978 s.90(5), s.92A(5); 1987 s.6(2),(3) |
para.4 | 1977 s.107(1); 1978 s.91(1) |
para.5 | 1977 s.107(3); 1978 s.91(3) |
para.6 | 1977 s.107(5); 1978 s.91(5) |
para.7 | 1977 s.107(2); 1978 s.91(2) |
para.8 | 1977 s.107(4); 1978 s.91(4) |
para.9(1) | drafting |
(2) | 1977 s.107(7); 1978 s.91(7) |
(3)—(5) | 1977 s.107(6); 1978 s.91(6); Judicial Pensions and Retirement Act 1993 (c.8) Sch.4 Part III |
(6) | 1977 s.126(4); 1978 s.105(7) |
(7) | 1977 s.126(1); 1978 s.105(1),(2) |
para.10 | Judicial Pensions and Retirement Act 1993 (c.8) Sch.4 Part III |
para.11 | 1977 s.108(1); 1978 s.92(1) |
para.12 | 1977 s.108(2); 1978 s.92(2) |
para.13 | 1977 s.108(3); 1978 s.92(3) |
para.14 | 1977 s.108(4); 1978 s.92(4) |
para.15 | 1977 s.107(8), s.108A(4); 1978 s.91(8), s.92A(4); 1987 s.6(2),(3) |
Sch. 2 | Para 2, Law Comm R1 |
Sch. 3 |
Sch. 1: words in heading inserted (1.7.1999) by 1998 c. 38, s. 112, Sch. 10 para. 16(2) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4