SCHEDULES
SCHEDULE 5 Minor and consequential amendments
Part 1 National Health Service
I1I91Health Services and Public Health Act 1968 (c. 46)
1
The Health Services and Public Health Act 1968 shall be amended as follows.
2
In section 59 (extension of power of user by Crown of patented invention to user for certain health services)—
a
in subsection (1), after “pharmaceutical services,” insert “
local pharmaceutical services,
”
; and
b
after section 59(2A) insert—
2B
In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under—
a
a pilot scheme established under section 28 of the Health and Social Care Act 2001;
b
an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49); or
c
any corresponding provision of the law in force in the Isle of Man.
3
In section 63 (provision of instruction for certain persons employed in health or welfare activities), after subsection (2)(ba) insert—
bb
the provision of a local pharmaceutical service under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established under Schedule 8A to the 1977 Act or under any corresponding provision of the law in force in the Isle of Man and an activity involved in or connected with the provision of such a service;
I22House of Commons Disqualification Act 1975 (c. 24)
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (which lists bodies of which all members are disqualified for membership of the House of Commons), for the entry relating to a Medical Practices Committee substitute—
The Medical Practices Committee constituted under section 3 of the National Health Service (Scotland) Act 1978.
F83
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I3I104Patents Act 1977 (c. 37)
In section 56 of the Patents Act 1977 (interpretation, etc. of provisions about Crown use), after subsection (4)(a)(ii) insert
, or
iii
local pharmaceutical services provided under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49), or under any corresponding provision of the law in force in the Isle of Man
F45National Health Service Act 1977 (c. 49)
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I4I156Mental Health Act 1983 (c. 20)
1
Section 134 of the Mental Health Act 1983 (correspondence of patients) shall be amended as follows.
2
In subsection (3), after paragraph (e) insert—
ea
a provider of a patient advocacy and liaison service for the assistance of patients at the hospital and their families and carers;
eb
a provider of independent advocacy services for the patient;
3
After subsection (3) insert—
3A
In subsection (3) above—
a
“patient advocacy and liaison service” means a service of a description prescribed by regulations made by the Secretary of State, and
b
“independent advocacy services” means services provided under arrangements under section 19A of the National Health Service Act 1977.
I5I117Copyright, Designs and Patents Act 1988 (c. 19)
In section 240 of the Copyright, Designs and Patents Act 1988 (Crown use of designs), after subsection (4)(b) insert
or
c
local pharmaceutical services provided under—
i
a pilot scheme established under section 28 of the Health and Social Care Act 2001; or
ii
an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49).
F28National Health Service and Community Care Act 1990 (c. 48)
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I6I129Trade Union and Labour Relations (Consolidation) Act 1992 (c. 46)
In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), after paragraph (b) insert “
or as a person providing local pharmaceutical services under a pilot scheme established by a F1Primary Care Trust or Health Authority under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established by a F1Primary Care Trust or Health Authority under Schedule 8A to the National Health Service Act 1977 (c. 49) ;
”
.
F710Tribunals and Inquiries Act 1992 (c. 53)
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F311National Health Service (Primary Care) Act 1997 (c. 46)
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F512Health Act 1999 (c. 8)
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I1413Local Government Act 2000 (c. 22)
In section 32 of the Local Government Act 2000 (alternative arrangements), in subsection (3), after “Schedule 1” insert “
, any provision made under section 7 of the Health and Social Care Act 2001 or any provisions of section 9 of, and Schedule 1 to, that Act
”
.
I7I1314Freedom of Information Act 2000 (c. 36)
1
In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act) after paragraph 45 insert—
45A
Any person providing local pharmaceutical services under—
a
a pilot scheme established under section 28 of the Health and Social Care Act 2001; or
b
an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49),
in respect of information relating to the provision of those services.
Part 2 Social Care
I815Local Authority Social Services Act 1970 (c. 42)
I17I16I181
The Local Authority Social Services Act 1970 shall be amended as follows.
I16I192
In section 7B(2) (complaints procedure), for the words from “or if he is in receipt of payment” onwards there shall be substituted “
or if he is in receipt of direct payments within the meaning of section 57 of the Health and Social Care Act 2001.
”
I17I203
In Schedule 1 (functions referred to social services committee of local authority), at the end insert—
Health and Social Care Act 2001
Part 4 in so far as it confers functions on a local authority in England or Wales within the meaning of that Part.
Functions in relation to the provision of residential accommodation.
Making of direct payments to person in respect of his securing provision of community care services or services to carers.
16Carers and Disabled Children Act 2000 (c. 16)
In section 7 of the Carers and Disabled Children Act 2000 (direct payments and vouchers), at the end of subsection (2) insert “
so far as relating to the inserted section 17B of that Act.
”
F6PART 3 Patient Information
F617House of Commons Disqualification Act 1975 (c. 24)
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F618Freedom of Information Act 2000 (c. 36)
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Sch. 5 Pt. 3 repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 6; S.I. 2008/2497, art. 7(2)(d)