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National Health Service Reform and Health Care Professions Act 2002

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Status:

Point in time view as at 30/06/2008.

Changes to legislation:

National Health Service Reform and Health Care Professions Act 2002 is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

Section 1(3)

SCHEDULE 1E+WEnglish Health Authorities: change of name

F1Part 1E+WAmendments of 1977 Act

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Textual Amendments

Part 2 E+WAmendments of other Acts

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)E+W

36In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which makes provision about payments to make up civil remuneration), in paragraph 15—

(a)in the entry in the first column, before “a Health Authority” there is inserted “ a Strategic Health Authority, ”, and

(b)in the entry in the second column, before “Health Authority” there is inserted “ Strategic Health Authority, ”.

The Hospital Complaints Procedure Act 1985 (c. 42)E+W

F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)E+W

38(1)The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as provided in this paragraph.

(2)In section 7 (persons discharged from hospital), in subsection (9), in paragraph (a) of the definition of “the managers”, after “means the” there is inserted “ Strategic Health Authority, ”.

(3)In section 16 (interpretation), after the definition of “statutory services” there is inserted—

““Strategic Health Authority” means a Strategic Health Authority established under section 8 of the 1977 Act;”.

The National Health Service and Community Care Act 1990 (c. 19)E+W

39The National Health Service and Community Care Act 1990 is amended as follows.

F340E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F341E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F342E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F343E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

44E+WIn section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “means a” there is inserted “ Strategic Health Authority, ”.

45E+WIn section 60 (removal of Crown immunities), in subsection (7)(a), at the beginning there is inserted “ a Strategic Health Authority or ”.

F446E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Health Service Commissioners Act 1993 (c. 46)E+W

47In section 2 of the Health Service Commissioners Act 1993 (bodies subject to investigation), in subsection (1), for paragraph (a) there is substituted—

“(a)Strategic Health Authorities,”.

The 1999 ActE+W

48The 1999 Act is amended as follows.

F549E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F650E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F751E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F752E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F753E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

54E+WIn section 61 (English and Scottish border provisions), in subsection (2), for “Health Authority” there is substituted “ Strategic Health Authority ”.

The Health and Social Care Act 2001 (c. 15)E+W

F855. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 2(5)

SCHEDULE 2E+WReallocation of functions of Health Authorities to Primary Care Trusts

Part 1E+WAmendments of 1977 Act

F91E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F114E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F115E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F116E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F117E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F118E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F119E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F1110E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

11E+WIn section 38 (arrangements for general ophthalmic services), in subsection (1), after “duty” there is inserted “ of every Primary Care Trust and ”.

F1212E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1213E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1214E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1215E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1216E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1217E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1218E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1219E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1220E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1221E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1222E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1223E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1224E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1225E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1226E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1227E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1228E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1229E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1230E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1231E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1232E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1233E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1234E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1235E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1236E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1237E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 2E+WAmendments of other Acts

The National Assistance Act 1948 (c. 29)E+W

38In section 26 of the National Assistance Act 1948 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C), after “consent of such” there is inserted “ Primary Care Trust or ”.

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)E+W

39In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which makes provision about payments to make up civil remuneration), in paragraph 16, in the entry in the second column, before “Health Authority” there is inserted “ Primary Care Trust, ”.

The Health Services and Public Health Act 1968 (c. 46)E+W

40(1)The Health Services and Public Health Act 1968 is amended as provided in this paragraph.

(2)In section 63 (provision of instruction for certain persons), in subsection (2)(b), before “Health Authority” there is inserted “ Primary Care Trust or ”.

(3)In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b), before “Health Authority” there is inserted “ Primary Care Trust or ”.

The Health and Safety at Work etc Act 1974 (c. 37)E+W

41In section 60 of the Health and Safety at Work etc Act 1974 (which makes supplementary provision in relation to the employment medical advisory service), in subsection (1), after “that each” there is inserted “ Primary Care Trust and ”.

The Mental Health Act 1983 (c. 20)E+W

42The Mental Health Act 1983 is amended as follows.

43E+WIn section 25A (applications for supervision), before “Health Authority”, in each place where it occurs, there is inserted “ Primary Care Trust or ”.

44E+WIn section 25C (supervision applications: supplementary), in subsection (6), after “consent of the” there is inserted “ Primary Care Trust or ”.

45E+WIn section 25F (reclassification of patient subject to after-care under supervision), in subsection (1), after “effect to the” there is inserted “ Primary Care Trust or ”.

46E+WIn section 39 (information as to hospitals), in subsection (1), before “Health Authority”, in each place where it occurs, there is inserted “ Primary Care Trust or ”.

47E+WIn section 117 (after-care), in each of subsections (2), (2A) and (3), before “Health Authority”, in each place where it occurs, there is inserted “ Primary Care Trust or ”.

48E+WIn section 140 (notification of hospitals having arrangements for reception of urgent cases)—

(a)after “duty of” there is inserted “ every Primary Care Trust and of ”,

(b)for “Health Authority’s area” there is substituted “ area of the Primary Care Trust or Health Authority ”, and

(c)after “available to the” there is inserted “ Primary Care Trust or ”.

49E+WIn section 145 (interpretation), in paragraph (a) of the definition of “the managers”, before “Health Authority” there is inserted “ Primary Care Trust, ”.

The Public Health (Control of Disease) Act 1984 (c. 22)E+W

50(1)The Public Health (Control of Disease) Act 1984 is amended as provided in this paragraph.

(2)In section 11 (cases of notifiable disease and food poisoning to be reported), before “Health Authority”, in each place where it occurs, there is inserted “ Primary Care Trust or ”.

(3)In section 12 (fees for certificates under section 11), in subsection (1), after “that a” there is inserted “ Primary Care Trust or ”.

(4)In section 39 (keeper of common lodging-house to notify case of infectious disease), in subsection (3), after “to the” there is inserted “ Primary Care Trust or ”.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)E+W

51In section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (persons discharged from hospital), in subsection (9), for paragraph (a) of the definition of “health authority” there is substituted—

“(a)in relation to England, means a Primary Care Trust,

(aa)in relation to Wales, means a Health Authority, and”.

The Children Act 1989 (c. 41)E+W

52In Schedule 2 to the Children Act 1989 (local authority support for children and families), in paragraph 1A(3)(a), for “and” there is substituted “ or ”.

The National Health Service and Community Care Act 1990 (c. 19)E+W

53The National Health Service and Community Care Act 1990 is amended as follows.

F1354E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

55(1)In section 18 (indicative amounts for doctors’ practices)—E+W

(a)in subsection (1)—

(i)after “financial year,” there is inserted “ every Primary Care Trust and ”, and

(ii)before “Health Authority”, in the second and third places it occurs, there is inserted “ Primary Care Trust or ”,

(b)before “Health Authority”, in each other place where it occurs except in subsection (7), there is inserted “ Primary Care Trust or ”, and

(c)in subsection (7), for “Health Authority” there is substituted “ Primary Care Trust ”.

(2)This paragraph shall cease to have effect on the coming into force of paragraph 80 of Schedule 4 to the 1999 Act (which repeals section 18 of the National Health Service and Community Care Act 1990).

56E+WIn section 47 (assessment of needs for community care services), in subsection (3)—

(a)before “Health Authority”, where it first occurs, there is inserted “ Primary Care Trust or ”, and

(b)before “Health Authority”, in each other place where it occurs, there is inserted “ Primary Care Trust, ”.

57E+WIn section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Strategic Health Authority,” (inserted by paragraph 44 of Schedule 1 to this Act) there is inserted “ Primary Care Trust, ”.

F1458E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Access to Health Records Act 1990 (c. 23)E+W

59(1)The Access to Health Records Act 1990 is amended as provided in this paragraph.

(2)In section 1 (definitions of certain terms), in subsection (2)(a)(ii), before “Health Authority” there is inserted “ Primary Care Trust, ”.

(3)In section 7 (duty of health service bodies etc to take advice), before “Health Authority”, in each place where it occurs, there is inserted “ Primary Care Trust, ”.

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W

60In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), before “Health Authority” there is inserted “ Primary Care Trust or ”.

The Health Service Commissioners Act 1993 (c. 46)E+W

61(1)The Health Service Commissioners Act 1993 is amended as provided in this paragraph.

(2)In section 2 (bodies subject to investigation)—

(a)in subsection (1), in paragraph (da), “established for areas in England” is omitted, and

(b)in subsection (2), in paragraph (a), “whose areas are in Wales” is omitted.

(3)In section 6 (which provides for certain action by Health Authorities, etc not to be investigated), in each of subsections (3) and (5), after “taken by a” there is inserted “ Primary Care Trust or ”.

The Health Authorities Act 1995 (c. 17)E+W

62In Schedule 2 to the Health Authorities Act 1995 (transitional provisions and savings), in paragraph 2, before “Health Authority”, in each place where it occurs, there is inserted “ Primary Care Trust, ”.

The Employment Rights Act 1996 (c. 18)E+W

63In section 43K of the Employment Rights Act 1996 (extended meaning of “worker” for Part 4A of that Act), in subsection (1)(c)(i), before “Health Authority” there is inserted “ Primary Care Trust or ”.

The Police Act 1997 (c. 50)E+W

64[F15In section 115 of the Police Act 1997 (enhanced criminal record certificates), in subsection (6E), before “Health Authority”, in both places, there is inserted “ Primary Care Trust or ”.]

Textual Amendments

The School Standards and Framework Act 1998 (c. 31)E+W

65In Schedule 9 to the School Standards and Framework Act 1998 (which provides for the constitution of school governing bodies), in paragraph 10 (community special schools), in sub-paragraph (5)(a), after “by the” there is inserted “ Primary Care Trust or ”.

The Government of Wales Act 1998 (c. 38)E+W

66(1)The Government of Wales Act 1998 is amended as provided in this paragraph.

(2)In Schedule 5 (bodies and offices covered by section 74), in paragraph 20, “for an area in, or consisting of, Wales” is omitted.

(3)In Schedule 17 (audit, etc, of Welsh public bodies), in paragraph 12, “for an area in, or consisting of, Wales” is omitted.

The 1999 ActE+W

F1667. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1768E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Sch. 2 para. 68 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

F1869E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Care Standards Act 2000 (c. 14)E+W

70In section 20 of the Care Standards Act 2000 (urgent procedure for cancellation, etc of registration of establishment or agency), in subsection (6)(b), before “Health Authority” there is inserted “ Primary Care Trust or ”.

The Health and Social Care Act 2001 (c. 15)E+W

71The Health and Social Care Act 2001 is amended as follows.

F1972E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2073E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F2074E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2075E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2076E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2077E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2078E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2079E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2080E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2081E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2082E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 4(3)

SCHEDULE 3E+WAmendments relating to Personal Medical Services and Personal Dental Services

Part 1E+WAmendments of the National Health Service (Primary Care) Act 1997

F211E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F222E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F223E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F224E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F225E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F226E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F237E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F248E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F259E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25Sch. 3 para. 9 omitted (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 1 para. 10 (with art. 4)

F2610E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 2E+WAmendments of other Acts

The 1977 ActE+W

F2711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The National Health Service (Scotland) Act 1978 (c. 29)E+W

12In the National Health Service (Scotland) Act 1978, in section 17C (personal medical or dental services)—

(a)in subsection (5), in each of paragraphs (a) and (b), before “Health Authority” there is inserted “ Strategic Health Authority or by a ”, and

(b)in subsection (6), for the definition of “Health Authority” there is substituted—

““Strategic Health Authority” and “Health Authority” have the same meaning as in the National Health Service Act 1977;”.

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W

13In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), after “by a” there is inserted “ Strategic Health Authority, ”.

The 1999 ActE+W

F2814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Health and Social Care Act 2001 (c. 15)E+W

15[F29The Health and Social Care Act 2001 is amended as follows.]

Textual Amendments

F29Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

16[F29(1)Section 26(1) (which inserts a new section 28DA into the 1977 Act) is amended as provided in this paragraph.E+W

(2)In the new section 28DA (lists of persons who may perform personal medical services or personal dental services)—

(a)in subsection (1), after “publication” there is inserted “ by each Primary Care Trust and ”,

(b)in subsection (3)—

(i)in each of paragraphs (a), (b), (c), (e), (g) and (k), before “Health Authority” there is inserted “ Primary Care Trust or ”, and

(ii)in paragraph (j), after “of” there is inserted “ Primary Care Trusts and ”,

(c)in subsection (4), in each of paragraphs (a), (b) and (d), before “Health Authority” there is inserted “ Primary Care Trust or ”,

(d)in subsection (8)—

(i)before “Health Authority”, in both places, there is inserted “ Primary Care Trust or ”, and

(ii)in paragraph (c), for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”,

(e)in subsection (9)—

(i)before “Health Authority” there is inserted “ Primary Care Trust or ”, and

(ii)for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”, and

(f)in subsection (10), for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”.]

Textual Amendments

F29Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

17E+W[F29In Schedule 1 (exempt information relating to health services), in paragraph 11, after “request to a” there is inserted “ Strategic Health Authority or ”.]

Textual Amendments

F29Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

Section 6(2)

F30 SCHEDULE 4E+WLocal Health Boards

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 6(2)

SCHEDULE 5E+WAmendments relating to Local Health Boards

The Public Bodies (Admission to Meetings) Act 1960 (c. 67)E+W

1In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph 1(gg) there is inserted—

“(gh)Local Health Boards;”.

Commencement Information

I1Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I2Sch. 5 para. 1 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Health Services and Public Health Act 1968 (c. 46)E+W

2(1)Section 63 of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc) is amended as follows.

(2)In subsection (1)(a), for “or Primary Care Trust” there is substituted “ , Primary Care Trust or Local Health Board ”.

(3)In subsection (5A), for “or Primary Care Trust”, in both places, there is substituted “ , Primary Care Trust or Local Health Board ”.

(4)In subsection (5B), the “and” at the end of paragraph (bb) is omitted, and after that paragraph there is inserted—

“(bbb)Local Health Boards; and”.

Commencement Information

I3Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I4Sch. 5 para. 2 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)E+W

3In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—

(a)for “1978 and” there is substituted “ 1978, ”, and

(b)after “1977” there is inserted “ and a Local Health Board established under section 16BA of that Act ”.

Commencement Information

I5Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I6Sch. 5 para. 3 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The 1977 ActE+W

F314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F315E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F316E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F317E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3110E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3111E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3112E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3113E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3114E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3115E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3116E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3117E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3118E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3119E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3120E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21E+W[F32In section 98 (accounts and audit), in subsection (1), after paragraph (bb) there is inserted—

“(bbb)every Local Health Board;”.]

Textual Amendments

F32Sch. 5 para. 21 repealed (1.2.2007 so far as relating to Welsh NHS bodies) by Health Act 2006 (c. 28), s. 83(7), Sch. 9; S.I. 2007/204, art. 4(c)

Commencement Information

I7Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I8Sch. 5 para. 21 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

F3322E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 5 para. 22 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

F3423E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3524E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35Sch. 5 para. 24 repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4), s. 10(2), Sch. 4; S.I. 2003/2660, art. 2(1)(iii)(2); S.I. 2003/3064, art. 2(1)(iii)(2)

The Acquisition of Land Act 1981 (c. 67)E+W

25In section 16 of the Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase), in subsection (3), the “and” at the end of paragraph (b) is omitted, and at the end of paragraph (c) there is inserted

“and

(d)a Local Health Board established under section 16BA of that Act;”.

Commencement Information

I9Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I10Sch. 5 para. 25 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Hospital Complaints Procedure Act 1985 (c. 42)E+W

26In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1B), after “Trust”, where it first occurs, there is inserted “ and Local Health Board ”, and in the second place where it occurs there is inserted “ or Local Health Board ”.

Commencement Information

I11Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I12Sch. 5 para. 26 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Income and Corporation Taxes Act 1988 (c. 1)E+W

27In section 519A of the Income and Corporation Taxes Act 1988 (health service bodies), in subsection (2), after paragraph (ab) there is inserted—

“(aba)a Local Health Board;”.

Commencement Information

I13Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I14Sch. 5 para. 27 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Housing Act 1988 (c. 50)E+W

28In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), in the second paragraph of Ground 16, after “1990,” there is inserted “ or by a Local Health Board, ”.

Commencement Information

I15Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I16Sch. 5 para. 28 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Road Traffic Act 1988 (c. 52)E+W

29In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)(da), after “1977” there is inserted “ , by a Local Health Board established under section 16BA of that Act ”.

Commencement Information

I17Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I18Sch. 5 para. 29 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The National Health Service and Community Care Act 1990 (c. 19)E+W

30The National Health Service and Community Care Act 1990 is amended as follows.

Commencement Information

I19Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I20Sch. 5 para. 30 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

F3631E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3632E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3633E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

34E+WIn section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Health Authority” there is inserted “ , Local Health Board ”.

Commencement Information

I21Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I22Sch. 5 para. 34 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

35E+WIn section 61 (health service bodies: taxation), in subsection (3), after “Primary Care Trust” there is inserted “ or Local Health Board ”.

Commencement Information

I23Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I24Sch. 5 para. 35 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

F3736E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Welsh Language Act 1993 (c. 38)E+W

37In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in subsection (1), after paragraph (f) there is inserted—

“(ff)a Local Health Board established under section 16BA of the National Health Service Act 1977;”.

Commencement Information

I25Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I26Sch. 5 para. 37 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Health Service Commissioners Act 1993 (c. 46)E+W

F3838. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Vehicle Excise and Registration Act 1994 (c. 22)E+W

39In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles), in paragraph 7, at the end of sub-paragraph (d) there is inserted

“or

(e)a Local Health Board established under section 16BA of that Act.”

Commencement Information

I27Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I28Sch. 5 para. 39 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Value Added Tax Act 1994 (c. 23)E+W

40In section 41 of the Value Added Tax Act 1994 (application to Crown), in subsection (7), after “Primary Care Trust” there is inserted “ and a Local Health Board ”.

Commencement Information

I29Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I30Sch. 5 para. 40 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Data Protection Act 1998 (c. 29)E+W

41In section 69 of the Data Protection Act 1998 (meaning of “health professional”), in subsection (3), after paragraph (bb) there is inserted—

“(bbb)a Local Health Board established under section 16BA of that Act,”.

Commencement Information

I31Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I32Sch. 5 para. 41 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Government of Wales Act 1998 (c. 38)E+W

42(1)The Government of Wales Act 1998 is amended as provided in this paragraph.

(2)In Schedule 5 (bodies and offices covered by section 74), after paragraph 25 there is inserted—

“25AA Local Health Board.”

(3)In Schedule 17 (audit etc of Welsh public bodies), after paragraph 12 there is inserted—

“12AA Local Health Board.”

Commencement Information

I33Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I34Sch. 5 para. 42 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The 1999 ActE+W

F3943. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4044E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4145E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Care Standards Act 2000 (c. 14)E+W

46In section 121 of the Care Standards Act 2000 (general interpretation), in subsection (1), in the definition of “National Health Service body”, for “or a Primary Care Trust” there is substituted “ , a Primary Care Trust or a Local Health Board ”.

Commencement Information

I35Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I36Sch. 5 para. 46 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Learning and Skills Act 2000 (c. 21)E+W

47In section 138 of the Learning and Skills Act 2000 (Wales: provision of information by public bodies), in subsection (3), after paragraph (b) there is inserted—

“(ba)a Local Health Board,”.

Commencement Information

I37Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I38Sch. 5 para. 47 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Freedom of Information Act 2000 (c. 36)E+W

48In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 39 there is inserted—

“39AA Local Health Board established under section 16BA of the National Health Service Act 1977.”

Commencement Information

I39Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I40Sch. 5 para. 48 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Health and Social Care Act 2001 (c. 15)E+W

F4249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4250E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4251E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 20(11)

SCHEDULE 6E+WThe Commission for Patient and Public Involvement in Health

StatusE+W

F431. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PowersE+W

F432. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MembershipE+W

F433. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appointment, procedure etcE+W

F434. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F435E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F436E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Remuneration and allowancesE+W

F437. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

StaffE+W

F438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Delegation of functionsE+W

F439. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

AssistanceE+W

F4310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Payments and loans to the CommissionE+W

F4311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Accounts and auditE+W

F4312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Reports and other informationE+W

F4313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application of seal and evidenceE+W

F4314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4315E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Miscellaneous amendmentsE+W

16In the First Schedule to the Public Records Act 1958 (c. 51) (definition of public records), the following entry is inserted at the appropriate place in Part 2 of the Table at the end of paragraph 3—

“Commission for Patient and Public Involvement in Health.”

Commencement Information

I41Sch. 6 para. 16 partly in force; Sch. 6 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 6 para. 16 in force for E. at 1.1.2003 by S.I. 2002/3190, art. 2

F4417E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4418E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4419E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 25(4)

SCHEDULE 7U.K.The Council for the Regulation of Health Care Professionals

StatusU.K.

1The Council is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Council’s property is not to be regarded as property of, or property held on behalf of, the Crown.

2U.K.For the purposes of—

(a)section 23(2)(b) of the Scotland Act 1998 (c. 46) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and

(b)section 70(6) of that Act (accounts prepared by cross-border bodies),

the Council is to be treated as a cross-border public authority within the meaning of that Act.

PowersU.K.

3The power in section 26(1) includes the power to—

(a)acquire and dispose of land and other property, and

(b)enter into contracts.

Membership and chairmanU.K.

4(1)The Council is to consist of—

(a)a member appointed by the National Assembly for Wales,

(b)a member appointed by the Scottish Ministers,

(c)a member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland,

(d)a member appointed by each regulatory body (who need not be a member of a regulatory body), and

(e)other members appointed by the Secretary of State.

(2)Subject to sub-paragraph (3), the members of the Council shall elect one of their number as chairman.

(3)The first chairman shall be appointed as such from among the members by the Secretary of State.

(4)The number of members to be appointed under paragraph (d) of sub-paragraph (1) is to be one fewer than the total number of other members.

Appointment, procedure etcU.K.

F455. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6U.K.The Secretary of State may by regulations provide for—

(a)the election of the chairman and the appointment of other members of the Council (including any conditions to be fulfilled for appointment),

(b)the tenure of office of the chairman and other members of the Council (including the circumstances in which they cease to hold office or may be removed or suspended from office), and

(c)the appointment of, constitution of and exercise of functions by committees and sub-committees of the Council (including committees and sub-committees which consist of or include persons who are not members of the Council).

Commencement Information

I42Sch. 7 para. 6 wholly in force at 27.8.2002; Sch. 7 para. 6 in force for certain purposes at Royal Assent, see s. 42(3); Sch. 7 para. 6 in force at 27.8.2002 by S.I. 2002/2202, art. 2(1)

7U.K.The Council may regulate its own procedure.

8U.K.The validity of any proceedings of the Council is not affected by a vacancy amongst its members or by a defect in the appointment of a member.

Members’ interestsU.K.

9(1)The Council must establish and maintain a system for the declaration and registration of private interests of its members.

(2)The Council must publish entries recorded in the register of members’ interests.

Remuneration and allowancesU.K.

10(1)The Council may pay to its chairman, and to any other member of the Council, such remuneration and allowances as the Secretary of State may determine.

(2)The Council may pay to any member of a committee or sub-committee of the Council such allowances as the Secretary of State may determine.

(3)If the Secretary of State so determines, the Council must provide for the payment of such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or any other member of the Council.

(4)If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the Council to receive compensation, the Council must pay to him such compensation as the Secretary of State may determine.

EmployeesU.K.

11The Council may appoint such employees as it considers appropriate on such terms and conditions as it may determine.

Delegation of functionsU.K.

12(1)The Council may arrange for the discharge of any of its functions by—

(a)a committee, sub-committee, member or employee of the Council, or

(b)any other person.

(2)If the Council does arrange for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

AssistanceU.K.

13(1)The Council may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case.

(2)Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Payments and loans to CouncilU.K.

14(1)The Secretary of State may make payments out of money provided by Parliament to the Council of such amounts, at such times and on such conditions (if any) as he considers appropriate.

(2)An appropriate authority may make payments to the Council of such amounts, at such times and on such conditions (if any) as it considers appropriate.

(3)The Secretary of State may make loans out of money provided by Parliament to the Council on such terms (including terms as to repayment and interest) as he may determine.

(4)An appropriate authority may make loans to the Council on such terms (including terms as to repayment and interest) as it may determine.

(5)The approval of the Treasury is required as to the amount and terms of any loan under sub-paragraph (3).

(6)Except as provided by sub-paragraphs (3) and (4), the Council has no power to borrow money.

(7)The Secretary of State may give directions to the Council as to the application of any sums received by it under sub-paragraph (1) or (3).

(8)An appropriate authority may give directions to the Council as to the application of any sums received by it from the authority under sub-paragraph (2) or (4).

(9)The Council must comply with any directions under sub-paragraph (7) or (8).

(10)In this paragraph, “appropriate authority” means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.

AccountsU.K.

15(1)The Council must keep accounts in such form as the Secretary of State may determine.

(2)The Council must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3)The Council must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4)Within that period the Council must also send copies of the annual accounts to—

(a)the Scottish Ministers,

(b)the National Assembly for Wales, and

(c)the Department of Health, Social Services and Public Safety in Northern Ireland.

(5)The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.

(6)A copy of the accounts shall be laid before—

(a)the Scottish Parliament by the Scottish Ministers,

(b)the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety there,

and the National Assembly for Wales shall publish the accounts.

(7)In this paragraph and paragraph 16, “financial year” means—

(a)the period beginning with the date on which the Council is established and ending with the next 31st March following that date, and

(b)each successive period of 12 months ending with 31st March.

Reports and other informationU.K.

16(1)The Council must prepare a report on the exercise of its functions during each financial year.

(2)As soon as possible after the end of each financial year, the Council must lay a copy of its report for that year before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.

(3)The Council must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information.

(4)The Council must also comply with any corresponding request by—

(a)the Scottish Parliament, in relation to matters which concern a subject for which any member of the Scottish Executive has general responsibility,

(b)the Northern Ireland Assembly, in relation to transferred matters concerning Northern Ireland (“transferred matters” having the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47)).

Commencement Information

I43Sch. 7 para. 16 wholly in force at 1.4.2003; Sch. 7 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 7 para. 16(1)(2) in force at 1.12.2002 by S.I. 2002/2202, art. 2(2); Sch. 7 para. 16(3)(4) in force at 1.4.2003 by S.I. 2002/2202, art. 2(3)

Application of seal and evidenceU.K.

17The application of the seal of the Council must be authenticated by the signature of—

(a)any member of the Council, or

(b)any other person who has been authorised by the Council (whether generally or specially) for that purpose.

18U.K.A document purporting to be duly executed under the seal of the Council or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Meetings of the Council in Northern IrelandU.K.

19(1)Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c.9) (which provides for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out below, apply in relation to meetings of the Council in Northern Ireland as they apply in relation to meetings of a district council.

(2)The modifications are—

(a)any reference to a district council shall be read as a reference to the Council, and

(b)any reference to councillors or members of the council shall be read as references to members of the Council.

Miscellaneous amendmentsU.K.

20In the First Schedule to the Public Records Act 1958 (c. 51) (definition of public records), the following entry is inserted at the appropriate place in Part 2 of the Table at the end of paragraph 3—

“Council for the Regulation of Health Care Professionals.”.

21U.K.In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (c. 67) (bodies to which the Act applies), after paragraph 1(bc) there is inserted—

“(bd)the Council for the Regulation of Health Care Professionals;”

22U.K.In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), the following entry is inserted at the appropriate place—

“The Council for the Regulation of Health Care Professionals.”

23U.K.In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), the following entry is inserted at the appropriate place—

“The Council for the Regulation of Health Care Professionals.”

24U.K.In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public bodies and offices: general), the following entry is inserted at the appropriate place—

“The Council for the Regulation of Health Care Professionals.”

Section 37(1)

SCHEDULE 8U.K.Minor and consequential amendments

The 1977 ActU.K.

F461. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F462U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F463U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F464U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F465U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F466U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F467U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F468U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F469U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4710U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47Sch. 8 para. 10 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

F4811U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48Sch. 8 para. 11 repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4), s. 10(2), Sch. 4; S.I. 2003/2660, art. 2(1)(iii)(2); S.I. 2003/3064, art. 2(1)(iii)(2)

F4912U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Medical Act 1983 (c. 54)U.K.

13The Medical Act 1983 is amended as follows.

14U.K.In section 40 (appeals), in subsection (11), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.

15U.K.In Schedule 6 (transitional and saving provisions), in paragraph 18, “section 40(4) of this Act or” is omitted.

The Dentists Act 1984 (c. 24)U.K.

16In section 29 of the Dentists Act 1984 (appeals), in subsection (4), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.

The Opticians Act 1989 (c. 44)U.K.

17In section 23 of the Opticians Act 1989 (appeals in disciplinary and other cases), in subsection (2), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.

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

F5018. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Local Government (Wales) Act 1994 (c. 19)U.K.

19In Schedule 10 to the Local Government (Wales) Act 1994 (amendments relating to social services), paragraph 11(4) is omitted.

Commencement Information

I44Sch. 8 para. 19 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 19 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

The Health Authorities Act 1995 (c. 17)U.K.

20The Health Authorities Act 1995 is amended as follows.

Commencement Information

I45Sch. 8 para. 20 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 20 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) and in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(b) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 20 in force on 10.10.2002 for W. only)

21U.K.Section 1 (which substituted section 8 of the 1977 Act) is omitted.

Commencement Information

I46Sch. 8 para. 21 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 21 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 21 in force on 10.10.2002 for W. only)

22U.K.In Schedule 1 (amendments), paragraphs 32(b), 53 and 107(12)(b) are omitted.

Commencement Information

I47Sch. 8 para. 22 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 22 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) and in force for certain purposes at 1.10.2002 by S.I. 2002/2478, art. 3(2)(b) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 22 in force on 10.10.2002 for W. only)

The National Health Service (Primary Care) Act 1997 (c. 46)U.K.

F5123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5124U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Government of Wales Act 1998 (c. 38)U.K.

F5125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5126U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5127U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The 1999 ActU.K.

F5228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5229U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5230U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5231U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Health and Social Care Act 2001 (c. 15)U.K.

F5332. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5333U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5334U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5335U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5336U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5337U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 37(2)

SCHEDULE 9U.K.Repeals

Part 1U.K.National Health Service

Commencement Information

I48Sch. 9 Pt. 1 not in force at Royal Assent, see s. 42(3); specified entries in Sch. 9 Pt. 1 in force for E. and for W. (insofar as the Secretary of State is the appropriate authority) at 1.10.2002 by S.I. 2002/2478, art. 3(1)(f); further specified entry in Sch. 9 Pt. 1 in force for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(c); further specified entries in Sch. 9 Pt. 1 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I49Sch. 9 Pt. 1 in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580, art. 2(2)(c)

I50Sch. 9 Pt. 1 in force at 1.3.2007 for specified purposes, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

Short title and chapterExtent of repeal
Health Services and Public Health Act 1968 (c. 46)In section 63(5B), the “and” at the end of paragraph (bb).
National Health Service Act 1977 (c. 49)

In section 17B(1), the words from “which” to the end.

Section 18(1A)(b).

In section 22(1A), the “or” at the end of paragraph (c).

In section 28A(1), the “and” at the end of paragraph (a).

In section 29B(3), the “or” at the end of paragraph (b).

In section 33(1A)(b), “for areas in Wales”.

In section 44(2), “with the approval of the Health Authority”.

In section 51(3), the “and” at the end of paragraph (bb).

Section 97(6)(bb) and (c) and (8).

In section 103(3)(a), “or a Primary Care Trust”.

In section 125, the “and” at the end of paragraph (bb).

In section 126(4A), the “or” at the end of paragraph (b).

In Schedule 12A, in paragraph 4(2) the “or” at the end of paragraph (a); in paragraph 5(1) the “and” at the end of paragraph (a); in paragraph 5(2) the “or” at the end of paragraph (a); and in paragraph 7(3) “or Primary Care Trust”.

Acquisition of Land Act 1981 (c. 67)In section 16(3), the “and” at the end of paragraph (b).
Health Service Commissioners Act 1993 (c. 46)In section 2, in subsection (1)(da), “established for areas in England”; and in subsection (2)(a), “whose areas are in Wales”.
Government of Wales Act 1998 (c. 38)

In Schedule 5, in paragraph 20, “for an area in, or consisting of, Wales”.

In Schedule 17, in paragraph 12, “for an area in, or consisting of, Wales”.

Health Act 1999 (c. 8)

In section 6(2), in the inserted section 28EE of the 1977 Act, subsection (1).

In section 20(1), the “and” at the end of paragraph (d).

In section 23(6), the definition of “NHS premises”.

In Schedule 2, in paragraph 7(2), the words after “Commission”; and paragraph 7(6) and (7).

Health and Social Care Act 2001 (c. 15)

In section 28(7), “or a Primary Care Trust”.

In Schedule 3, in the new Schedule 8A inserted by that Schedule, in paragraph 1(8), “or a Primary Care Trust”.

National Health Service Reform and Health Care Professions Act 2002 (c. 17)In Schedule 2, in paragraph 2, sub-paragraphs (3) to (5); and paragraph 55.

Part 2 U.K.Health care professions

Short title and chapterExtent of repeal
Medical Act 1983 (c. 54)

Section 40(1)(c), (4) to (6), (9) and (10).

In Schedule 4, in paragraph 3(b) “to Her Majesty in Council”; paragraph 10(2); in paragraph 10(3) “or (2)”, and “or that sub-paragraph as applied by sub-paragraph (2) above”.

In Schedule 6, in paragraph 18, “section 40(4) of this Act or”.

Dentists Act 1984 (c. 24)

Section 29(2).

In section 51, the words from “(other” to “appeals)”.

Osteopaths Act 1993 (c. 21)

Section 10 (10).

Section 31(3) to (5) and (7).

Section 35(3).

Chiropractors Act 1994 (c. 17)

Section 10(10).

Section 31(3) to (5) and (7).

Section 35(3).

Part 3U.K.Miscellaneous

Commencement Information

I51Sch. 9 Pt. 3 not in force at Royal Assent, see s. 42(3); specified entries in Sch. 9 Pt. 3 in force for E. and for W. (insofar as the Secretary of State is the appropriate authority). at 1.10.2002 by S.I. 2002/2478, art. 3(1)(f); further specified entry in Sch. 9 Pt. 3 in force for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(c); further specified entries in Sch. 9 Pt. 3 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.; further specified entries in Sch. 9 Pt. 3 in force for E.W. at 1.1.2003 by S.I. 2002/3190, art. 2(2)(d)

I52Sch. 9 Pt. 3 in force at 1.3.2007 for specified purposes, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

Short title and chapterExtent of repeal
National Health Service Act 1977 (c. 49)In section 97D(1)(b), “, apart from subsection (5A)”.
National Health Service and Community Care Act 1990 (c. 19)In section 12(4), the words after paragraph (b).
Local Government (Wales) Act 1994 (c. 19)In Schedule 10, paragraph 11(4).
Health Authorities Act 1995 (c. 17)

Section 1.

In Schedule 1, paragraphs 32(b), 53 and 107(12)(b).

National Health Service (Primary Care) Act 1997 (c. 46)In Schedule 2, paragraphs 71(3), 73 and 75.
Government of Wales Act 1998 (c. 38)Section 148.
Health Act 1999 (c. 8)In Schedule 4, paragraphs 5, 31(2) and 35.
Health and Social Care Act 2001 (c. 15)

Section 1(4) and (5).

Section 3(3) and (4).

Section 43(5).

In Schedule 5, paragraph 5(12)(b).

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