SCHEDULES
F14SCHEDULE 1Constitution of public benefit corporations
F14Requirement for a constitution
F141
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F142
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F14Eligibility for membership
F143
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F14Constituencies
F144
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F145
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F14Becoming a member
F146
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F14Board of Governors
F147
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F148
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F149
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F1410
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F1411
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F1412
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F1413
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F1414
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F14Directors
F1415
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F1416
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F1417
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F1418
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F14Initial directors of former NHS trusts
F1419
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F14Register of members etc.
F1420
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F1421
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F1422
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F14Auditor
F1423
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F14Accounts
F1424
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F1425
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F14Annual reports and forward plans
F1426
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F1427
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F14Meeting of board of governors to consider annual accounts and reports
F1428
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F14Instruments etc.
F1429
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SCHEDULE 2Independent Regulator of NHS Foundation Trusts
Membership
F161
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Tenure of office
F162
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Remuneration and pensions
F163
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Staff
F164
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Superannuation
I35
F161
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F162
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3
Employment with the regulator is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted— “
The Independent Regulator of NHS Foundation Trusts
”
.
F284
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Procedure
F546
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Delegation of functions
F537
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General powers
F528
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Specific powers
F519
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Finance
F5010
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Reports and other information
F5511
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F4912
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F4813
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Seal and evidence
F4714
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F4615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
F4516
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Amendments
I417
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments and authorities subject to investigation), there is inserted at the appropriate place— “
The Independent Regulator of NHS Foundation Trusts.
”
I518
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24)
(disqualifying offices), there is inserted at the appropriate place— “
Chairman or other member of the Independent Regulator of NHS Foundation Trusts.
”
I619
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25)
(disqualifying offices), there is inserted at the appropriate place— “
Chairman or other member of the Independent Regulator of NHS Foundation Trusts.
”
F12SCHEDULE 3Transfer of staff
Sch. 3 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)
F121
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F122
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F123
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F124
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F125
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F126
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SCHEDULE 4Amendments relating to NHS foundation trusts
The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
I831
The Voluntary Hospitals (Paying Patients) Act 1936 is amended as follows.
I842
In section 1 (definitions), in the definition of “voluntary hospital”, after “NHS trust” there is inserted “
, an NHS foundation trust
”
.
The National Assistance Act 1948 (c. 29)
I853
The National Assistance Act 1948 is amended as follows.
I864
In section 24 (authority liable for provision of accommodation), in subsection (6), for “or an NHS trust” there is substituted “
, an NHS trust or an NHS foundation trust
”
.
The Public Records Act 1958 (c. 51)
I875
The Public Records Act 1958 is amended as follows.
I886
In Schedule 1 (definition of public records), in the Table in Part 1, in the entry relating to the Department of Health, in the second column, for “and National Health Service trusts” there is substituted “
, National Health Service trusts and NHS foundation trusts
”
.
The Human Tissue Act 1961 (c. 54)
I897
The Human Tissue Act 1961 is amended as follows.
I908
In section 1 (removal of parts of bodies for medical purposes), in subsection (4A)(b), for “or NHS trust” there is substituted “
, NHS trust or NHS foundation trust
”
.
The Abortion Act 1967 (c. 87)
I919
The Abortion Act 1967 is amended as follows.
I9210
In section 1 (medical termination of pregnancy), in subsection (3), after “National Health Service trust” there is inserted “
or an NHS foundation trust
”
.
The Leasehold Reform Act 1967 (c. 88)
I9311
The Leasehold Reform Act 1967 is amended as follows.
I9412
In section 28 (retention or assumption of land required for public purposes)—
a
in subsection (5), for “and any National Health Service trust” there is substituted “
, any National Health Service trust and any NHS foundation trust
”
,
b
in subsection (6)(c), for “or National Health Service trust” there is substituted “
, National Health Service trust or NHS foundation trust
”
.
The Health Services and Public Health Act 1968 (c. 46)
I9513
The Health Services and Public Health Act 1968 is amended as follows.
I9614
In section 63 (provisions of instruction for officers of hospital authorities etc. employed, or contemplating employment, in certain activities connected with health or welfare), in subsection (5B), the “and” at the end of paragraph (bbb) is omitted and after paragraph (c) there is inserted—
d
NHS foundation trusts
The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
I9715
The Employers' Liability (Compulsory Insurance) Act 1969 is amended as follows.
I9816
In section 3 (employers exempted from insurance), in subsection (2)(a), after “1978,” there is inserted “
an NHS foundation trust,
”
.
The Local Government Act 1972 (c. 70)
I9917
The Local Government Act 1972 is amended as follows.
I10018
In section 113 (placing of staff of local authorities at disposal of other local authorities), in subsection (1A), for “or NHS trust”
(in each place) there is substituted “
, NHS trust or NHS foundation trust
”
.
The House of Commons Disqualification Act 1975 (c. 24)
I10119
The House of Commons Disqualification Act 1975 is amended as follows.
I10220
In Part 3 of Schedule 1 (disqualifying offices), there is inserted at the appropriate place— “
Chairman or other non-executive director of an NHS foundation trust.
”
The Race Relations Act 1976 (c. 74)
I10321
The Race Relations Act 1976 is amended as follows.
I10422
In Schedule 1A (bodies and other persons subject to general statutory duty), after paragraph 8 there is inserted—
8A
An NHS foundation trust.
The National Health Service Act 1977 (c. 49)
F2023
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F2024
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F2025
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F2026
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F2027
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F2028
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F2029
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F2030
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F2031
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F2032
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F133
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F2234
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F2235
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F2236
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F2237
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F2238
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F2239
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F2240
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F2241
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F2242
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F2243
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F2244
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F2245
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The Acquisition of Land Act 1981 (c. 67)
I10546
1
An NHS foundation trust may be authorised to purchase land compulsorily for the purposes of its functions by means of an order—
a
made by the trust, and
b
confirmed by the Secretary of State.
2
The Acquisition of Land Act 1981 is to apply to the compulsory purchase of land under this paragraph.
3
But no order is to be made by an NHS foundation trust under Part 2 of that Act with respect to any land unless the proposal to acquire it compulsorily—
a
is submitted to the Secretary of State in such form, and together with such information, as he may require, and
b
is approved by him.
I10647
The Acquisition of Land Act 1981 is amended as follows.
I10748
In section 16 (statutory undertakers' land excluded from compulsory purchase), in subsection (3), after paragraph (b) there is inserted—
ba
an NHS foundation trust;
I10849
In section 17 (local authority and statutory undertakers' land), in subsection (4), in the definition of “statutory undertakers”, after paragraph (aa) there is inserted—
aab
an NHS foundation trust,
The Mental Health Act 1983 (c. 20)
I10950
The Mental Health Act 1983 is amended as follows.
F4251
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I11052
In section 19 (regulations as to transfer of patients), in subsection (3), after “National Health Service trust”
(in both places) there is inserted “
, NHS foundation trust
”
.
I11153
In section 23 (discharge of patients)—
a
in subsection (3), after “National Health Service trust,”
(in both places) there is inserted “
NHS foundation trust,
”
,
b
in subsection (4), after “trust”
(in the first place it occurs) there is inserted “
(other than an NHS foundation trust)
”
,
c
after subsection (5), there is inserted—
6
The powers conferred by this section on any NHS foundation trust may be exercised by any three or more non-executive directors of the board of the trust authorised by the board in that behalf.
I11254
In section 24 (visiting and examination by patients), in subsection (3), for “or National Health Service trust”
(in both places) there is substituted “
, National Health Service trust or NHS foundation trust
”
.
I11355
In section 32 (regulations for purposes of Part 2), in subsection (3), for “or National Health Service trusts” there is substituted “
, National Health Service trusts or NHS foundation trusts
”
.
I11456
In section 139 (protection for acts done in pursuance of this Act), in subsection (4), at the end there is inserted “
or NHS foundation trust
”
.
I11557
In section 145 (interpretation), in subsection (1), after paragraph (bb) of the definition of “the managers” there is inserted—
bc
in relation to a hospital vested in an NHS foundation trust, the trust;
The National Audit Act 1983 (c. 44)
I11658
The National Audit Act 1983 is amended as follows.
I11759
In section 6 (public departments etc.), in subsection (3)(b), at the end there is inserted “
and any NHS foundation trust
”
.
The Public Health (Control of Disease) Act 1984 (c. 22)
I11860
The Public Health (Control of Disease) Act 1984 is amended as follows.
I11961
In section 13 (regulations for control of certain diseases), in subsection (4)(a), for “or National Health Service trusts” there is substituted “
, National Health Service trusts or NHS foundation trusts
”
.
I12062
In section 37 (removal to hospital of person with notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted “
NHS foundation trust,
”
.
I12163
In section 41 (removal to hospital of inmate of common lodging-house with notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted “
NHS foundation trust,
”
.
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
I12264
The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
I12365
In section 2 (rights of authorised representatives of disabled persons), in subsection (5)(a), after “1990” there is inserted “
or by an NHS foundation trust
”
.
I12466
In section 7 (persons discharged from hospital), in subsection (9), in the definition of “the managers”—
a
in paragraph (a)(i), after “National Health Service trust” there is inserted “
, an NHS foundation trust
”
,
b
in paragraph (cc), after “that trust;” there is inserted—
cd
in relation to a hospital vested in an NHS foundation trust, means the board of directors of that trust;
The Company Directors Disqualification Act 1986 (c. 46)
I12567
The Company Directors Disqualification Act 1986 is amended as follows.
I12668
After section 22B there is inserted—
22CApplication of Act to NHS foundation trusts
1
This Act applies to NHS foundation trusts as it applies to companies within the meaning of this Act.
2
References in this Act to a company, or to a director or officer of a company, include, respectively, references to an NHS foundation trust or to a director or officer of the trust; but references to shadow directors are omitted.
3
In the application of Schedule 1 to the directors of an NHS foundation trust, references to the provisions of the Insolvency Act or the Companies Act include references to the corresponding provisions of Part 1 of the Health and Social Care (Community Health and Standards) Act 2003.
The AIDS (Control) Act 1987 (c. 33)
I12769
The AIDS (Control) Act 1987 is amended as follows.
I12870
In section 1 (periodical reports on matters relating to AIDS and HIV)—
a
in subsection (1)(b)(iv), after “NHS trust” there is inserted—
iva
each NHS foundation trust;
b
in subsection (2)(b), after “NHS Trust” there is inserted “
, NHS foundation trust
”
.
The Copyright, Designs and Patents Act 1988 (c. 48)
I12971
The Copyright, Designs and Patents Act 1988 is amended as follows.
I13072
In section 48 (material communicated to the Crown in the course of public business), in subsection (6), after “1978” there is inserted “
and an NHS foundation trust
”
.
The Road Traffic Act 1988 (c. 52)
I13173
The Road Traffic Act 1988 is amended as follows.
I13274
In section 144 (exceptions from requirement of third-party insurance), in subsection (2), after paragraph (db) there is inserted—
dc
to an ambulance owned by an NHS foundation trust, at a time when the vehicle is being driven under the owner’s control,
The Children Act 1989 (c. 41)
I13375
The Children Act 1989 is amended as follows.
I13476
In section 24 (persons qualifying for advice and assistance), in subsection (2)(d)(ii), after “trust” there is inserted “
or an NHS foundation trust
”
.
I13577
In section 24C (information), in subsection (2)(c), after “trust” there is inserted “
or an NHS foundation trust
”
.
I13678
In section 27 (co-operation between authorities), in subsection (3)(d), for “or National Health Service trust” there is substituted “
, National Health Service trust or NHS foundation trust
”
.
I13779
In section 47 (local authority’s duty to investigate), in subsection (11)(d), for “or National Health Service trust” there is substituted “
, National Health Service trust or NHS foundation trust
”
.
I13880
In section 80 (inspection of children’s homes etc. by persons authorised by Secretary of State)—
a
in subsection (1)(d), for “or National Health Service trust” there is substituted “
, National Health Service trust or NHS foundation trust
”
,
b
in subsection (5)(e), after “National Health Service trust” there is inserted “
, NHS foundation trust
”
.
I13981
In section 85 (children accommodated by health authorities and local education authorities), in subsection (1), after “National Health Service trust” there is inserted “
, NHS foundation trust
”
.
I14082
In Schedule 2 (local authority support for children and families), in paragraph 1A(3), after paragraph (b) there is inserted—
ba
every NHS foundation trust which manages a hospital (within the meaning of the Health and Social Care (Community Health and Standards) Act 2003) in the authority’s area;
The National Health Service and Community Care Act 1990 (c. 19)
F2383
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F2384
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2385
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Town and Country Planning Act 1990 (c. 8)
I14186
Sections 238 to 240 of the Town and Country Planning Act 1990 (use and development of consecrated land and burial grounds) apply to consecrated land and land comprised in a burial ground which an NHS foundation trust holds for any of its purposes as if—
a
the trust were a statutory undertaker, and
b
that land had been the subject of a relevant acquisition by the trust.
The Access to Health Records Act 1990 (c. 23)
I14287
The Access to Health Records Act 1990 is amended as follows.
I14388
In section 11 (interpretation), in the definition of “health service body”, the “or” before paragraph (d) is omitted and after that paragraph there is inserted—
e
an NHS foundation trust;
The Water Industry Act 1991 (c. 56)
I14489
The Water Industry Act 1991 is amended as follows.
I14590
In Schedule 4A (premises that are not to be disconnected for non-payment of charges), in paragraph 16, at the end there is inserted “
or by an NHS foundation trust
”
.
The London Local Authorities Act 1991 (c. xiii)
I14691
The London Local Authorities Act 1991 is amended as follows.
I14792
In section 4 (interpretation of Part 2), in paragraph (d) of the definition of “establishment for special treatment”, after “1990” there is inserted “
or by an NHS foundation trust
”
.
The Health Service Commissioners Act 1993 (c. 46)
I14893
The Health Service Commissioners Act 1993 is amended as follows.
I14994
In section 2 (the bodies subject to investigation), in subsection (1), after paragraph (da) there is inserted—
db
NHS foundation trusts,
The Vehicle Excise and Registration Act 1994 (c. 22)
I15095
The Vehicle Excise and Registration Act 1994 is amended as follows.
I15196
In Schedule 2 (exempt vehicles), in paragraph 7, after the “or” at the end of paragraph (b) there is inserted—
ba
an NHS foundation trust, or
The Value Added Tax Act 1994 (c. 23)
I15297
The Value Added Tax Act 1994 is amended as follows.
I15398
In Schedule 8 (zero-rating), in the Notes to Group 12, in paragraph (5H), after paragraph (e) there is inserted—
eaa
an NHS foundation trust;
The Employment Rights Act 1996 (c. 18)
I15499
The Employment Rights Act 1996 is amended as follows.
I155100
In section 50 (right to time off for public duties), in subsection (8), after paragraph (a) there is inserted—
ab
an NHS foundation trust,
I156101
In section 218 (change of employer), in subsection (10), after paragraph (c) there is inserted—
ca
NHS foundation trusts,
The Housing Grants, Construction and Regeneration Act 1996 (c. 53)
I157102
The Housing Grants, Construction and Regeneration Act 1996 is amended as follows.
I158103
In section 3 (ineligible applicants), in subsection (2)(f), for “or NHS trust” there is substituted “
, NHS trust or NHS foundation trust
”
.
The Education Act 1996 (c. 56)
I159104
The Education Act 1996 is amended as follows.
I160105
In section 332 (duty of Health Authority, a Primary Care Trust or National Health Service trust to notify parent etc.), in subsection (1), for “or a National Health Service trust” there is substituted “
, a National Health Service trust or an NHS foundation trust
”
.
The Data Protection Act 1998 (c. 29)
I161106
The Data Protection Act 1998 is amended as follows.
I162107
In section 69 (meaning of “health professional”), in subsection (3), after paragraph (f) there is inserted—
fa
an NHS foundation trust;
The Health Act 1999 (c. 8)
F34108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33109
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Care Standards Act 2000 (c. 14)
I163110
The Care Standards Act 2000 is amended as follows.
I164111
In section 42 (power to extend the application of Part 2), in subsection (2)(b)(ii), after “NHS trusts” there is inserted “
, NHS foundation trusts
”
.
I165112
In section 121 (general interpretation), in subsection (1), in the definition of “National Health Service body”, after “National Health Service trust,” there is inserted “
an NHS foundation trust,
”
.
The Freedom of Information Act 2000 (c. 36)
I166113
The Freedom of Information Act 2000 is amended as follows.
I167114
In Part 3 of Schedule 1 (National Health Service), after paragraph 40 there is inserted—
40A
An NHS foundation trust.
The Health and Social Care Act 2001 (c. 15)
F24115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Anti-terrorism, Crime and Security Act 2001 (c. 24)
I168119
The Anti-terrorism, Crime and Security Act 2001 is amended as follows.
I169120
In Schedule 4 (extension of existing disclosure powers), at the end of Part 1 there is inserted—
53A
Paragraph 8(1) of Schedule 5 to the Health and Social Care (Community Health and Standards) Act 2003.
The International Development Act 2002 (c. 1)
I170121
The International Development Act 2002 is amended as follows.
I171122
In Schedule 1 (statutory bodies to which section 9 applies), there is inserted at the appropriate place— “
An NHS foundation trust
”
.
The National Health Service Reform and Health Care Professions Act 2002 (c. 17)
F32123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Adoption and Children Act 2002 (c. 38)
I172125
The Adoption and Children Act 2002 is amended as follows.
I173126
In section 8 (adoption support agencies), in subsection (2)(d), for “or NHS trust” there is substituted “
, NHS trust or NHS foundation trust
”
.
The Nationality, Immigration and Asylum Act 2002 (c. 41)
I174127
The Nationality, Immigration and Asylum Act 2002 is amended as follows.
I175128
In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph (ii) there is inserted—
iia
an NHS foundation trust,
The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
I176129
The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.
I177130
In section 1 (meaning of “NHS body” and “qualifying hospital patient”), in subsection (1), in paragraph (a) of the definition of “NHS body”, after “trust;” there is inserted—
ab
an NHS foundation trust;
F15SCHEDULE 5Audit of accounts of NHS foundation trusts
Sch. 5 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)
F15General duty
F151
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15Right to documents and information
F152
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15Reports
F153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F154
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F155
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15Referral to regulator
F156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15Audit of accounts of directors or officers
F157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15Restriction on disclosure of information
F158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43SCHEDULE 6CHAI: supplementary
Schs. 6-8 repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 52, Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(t), 36
F43...
F431
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F432
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F433
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F434
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F435
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F436
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F437
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F438
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F439
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F4310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F4311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43SCHEDULE 7CSCI: supplementary
F43...
F431
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F432
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F433
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F434
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F435
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F436
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F437
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F438
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F439
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F4310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F4311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43SCHEDULE 8CHAI and CSCI: transfers of property and staff, etc
F43...
F431
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F432
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F433
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F434
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F435
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43...
F436
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 9Part 2: minor and consequential amendments
Public Records Act 1958 (c. 52)
I7I141
In Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate places in Part 2 of the Table at the end of paragraph 3 insert the following entries— “
Commission for Healthcare Audit and Inspection
”
; “
Commission for Social Care Inspection
”
.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
I1822
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bf) of paragraph 1 insert—
bg
the Commission for Healthcare Audit and Inspection;
bh
the Commission for Social Care Inspection;
Parliamentary Commissioner Act 1967 (c. 13)
I8I153
In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments subject to investigation), at the appropriate places insert the following entries— “
Commission for Healthcare Audit and Inspection.
”
; “
Commission for Social Care Inspection.
”
Local Authority Social Services Act 1970 (c. 42)
4
In the Local Authority Social Services Act 1970, in Schedule 1, insert at the end—
Health and Social Care (Community Health and Standards) Act 2003
Section 114
Consideration of complaints.
Superannuation Act 1972 (c. 11)
I9I165
In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which pension schemes may be made), at the appropriate places in the list of “Other Bodies” insert the following entries— “
The Commission for Healthcare Audit and Inspection.
”
; “
The Commission for Social Care Inspection.
”
.
I10I176
The CHAI and the CSCI must each pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to paragraph 5 in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
House of Commons Disqualification Act 1975 (c. 24)
I11I187
In the House of Commons Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “
Commission for Healthcare Audit and Inspection.
”
; “
Commission for Social Care Inspection.
”
.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
I12I198
In the Northern Ireland Assembly Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “
Commission for Healthcare Audit and Inspection.
”
; “
Commission for Social Care Inspection.
”
.
National Health Service Act 1977 (c. 49)
F299
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children Act 1989 (c. 41)
F3510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health Service Commissioners Act 1993 (c. 46)
I19711
1
The Health Service Commissioners Act 1993 has effect subject to the following amendments.
2
In section 4(4)(a), after “can be made” insert “
under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 or
”
.
3
In section 11, after subsection (1B) insert—
1C
Where a Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1E), he shall afford to the person or body whose maladministration is complained of an opportunity to comment on any allegations contained in the complaint.
4
In section 12(1A), for “or (1C)” substitute “
(1C) or (1E)
”
.
5
In section 14, after subsection (2D) insert—
2E
In any case where the Health Service Commissioner for England conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation—
a
to the person who made the complaint;
b
to any member of the House of Commons who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate);
c
to the person or body whose maladministration is complained of;
d
to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;
e
to the Secretary of State.
2F
In any case where the Health Service Commissioner for England decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons—
a
to the person who made the complaint; or
b
to any such member of the House of Commons as is mentioned in subsection (2E)(b).
6
In section 14A, at the end insert—
4
In any case where the Health Service Commissioner for Wales conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation—
a
to the person who made the complaint;
b
to any Assembly member who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer an Assembly member to such other member as the Commissioner thinks appropriate);
c
to the person or body whose maladministration is complained of;
d
to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;
e
to the Assembly First Secretary.
5
In any case where the Health Service Commissioner for Wales decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons—
a
to the person who made the complaint; or
b
to any such member of the Assembly as is mentioned in subsection (4)(b).
7
In section 14B—
a
for “14A(1)”, in each place, substitute “
14A
”
, and
b
in subsection (2), for “or (1C)” substitute “
(1C) or (1E)
”
.
Audit Commission Act 1998 (c. 18)
I19312
1
The Audit Commission Act 1998 has effect subject to the following amendments.
2
In section 4, in subsection (7)—
a
in paragraph (a), after “bodies,” insert “
the Commission for Healthcare Audit and Inspection and
”
;
b
in paragraph (b), after “bodies,” insert “
the Commission for Social Care Inspection and
”
; and
c
in paragraph (c), after “case,” insert “
the National Assembly for Wales and
”
.
3
At the end of that section insert—
8
The Commission must obtain the agreement of the Commission for Healthcare Audit and Inspection before preparing or altering provisions of a code which—
a
are applicable to accounts which are or include accounts of health service bodies; and
b
concern the function under section 5(1)(e).
4
In section 7—
a
in subsection (2)(a), for “such organisations” substitute “
the Commission for Healthcare Audit and Inspection and such other organisations
”
; and
b
in subsection (9), after paragraph (a) insert—
aa
the Commission for Healthcare Audit and Inspection;
5
In section 33 (studies for improving economy etc in services), in subsection (6), at the end insert—
d
in the case of a study which has a connection with English local authority social services (within the meaning of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003), also consult the Commission for Social Care Inspection; and
e
in the case of a study which has a connection with Welsh local authority social services (within the meaning of that Part of that Act), also consult the National Assembly for Wales;
6
In that section, after subsection (6) insert—
7
The following provisions of this section do not apply in relation to the bodies specified in subsection (8)—
a
subsection (1)(a);
b
subsection (1)(b), so far as relating to management other than financial management;
c
subsection (4).
8
Those bodies are—
a
any Primary Care Trust;
b
any Strategic Health Authority;
c
any NHS trust (within the meaning of the National Health Service Act 1977) all or most of whose hospitals, establishments and facilities are situated in England.
7
In section 34(6), after paragraph (b) insert—
ba
in the case of a study which has a connection with any English local authority social service (within the meaning of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003), the Commission for Social Care Inspection;
bb
in the case of a study which has a connection with any Welsh local authority social service (within the meaning of that Part of that Act), the National Assembly for Wales;
F398
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F409
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
In section 49(1)—
a
after paragraph (b) insert—
ba
to the Commission for Social Care Inspection for the purposes of its functions under Chapter 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003;
bb
to the National Assembly for Wales for the purposes of its functions under Chapter 4 of that Part of that Act;
b
in paragraph (c), at the end insert “
or for the purposes of the functions of the Commission for Healthcare Audit and Inspection under Chapter 3 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003
”
.
Government of Wales Act 1998 (c. 38)
I2013
In Schedule 5 to the Government of Wales Act 1998, for paragraph 12A substitute—
12A
The Commission for Healthcare Audit and Inspection.
Protection of Children Act 1999 (c. 14)
F4414
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1999 (c. 27)
I23915
In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g) substitute—
e
the Commission for Social Care Inspection;
Care Standards Act 2000 (c. 14)
I25I23I18316
The Care Standards Act 2000 has effect subject to the following amendments.
I18417
In section 5, in paragraph (a), for “the National Care Standards Commission” substitute—
i
the CHAI, in the case of independent hospitals, independent clinics and independent medical agencies;
ii
the CSCI, in the case of children’s homes, care homes, residential family centres, domiciliary care agencies, nurses agencies, fostering agencies, voluntary adoption agencies and adoption support agencies;
I18518
1
Section 8 is amended as follows.
F362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
At the end insert—
6
In this section, “Part II services” means services of the kind provided by persons registered under Part II, other than the provision of—
a
medical or psychiatric treatment, or
b
listed services (as defined in section 2).
I18619
In section 10—
a
subsection (1) is omitted; and
b
in subsection (6)(b), for “by the Commission” substitute “
by the CHAI or the CSCI under this Act
”
.
I18720
In section 11(4), for “the Commission” substitute “
the CHAI or the CSCI
”
.
I17821
In section 23(4)(d), after the second “or” insert “
against a voluntary adoption agency or adoption support agency for an offence under
”
.
I18822
In section 29(1)—
a
for “the Commission”, in the first place, substitute “
the CHAI or the CSCI (as appropriate)
”
, and
b
for “the Commission”, in the second place, substitute “
either the CHAI or the CSCI
”
.
23
In section 31—
I189a
in subsection (6), for “powers” substitute “
power
”
; and
I26b
in subsection (7), for “the Commission” substitute “
the CHAI or the CSCI
”
.
I17924
In section 36A for “the Commission”, in all places, substitute “
the CSCI
”
.
I19025
In section 42, at the end insert—
5
Regulations under subsection (1) made by the Secretary of State may in particular specify whether, for the purposes of the application of this Part to any person, the registration authority is to be the CHAI or the CSCI.
F3726
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I24I18027
In section 51(1), for the words from “in relation to” to “registration authority” substitute “
in England in relation to which powers conferred by section 80 of the Health and Social Care (Community Health and Standards) Act 2003 may be exercised to pay to the CSCI
”
.
I18128
In section 55(3)(e)—
a
for “the Commission” substitute “
the CSCI
”
;
b
for “section 31 or 46 of this Act” substitute “
section 31 of this Act or section 88 or 98 of the Health and Social Care (Community Health and Standards) Act 2003
”
.
I19129
In section 113, after subsection (1) insert—
1A
The powers conferred by this section are exercisable by the Secretary of State if he is satisfied that—
a
the CHAI or the CSCI has without reasonable excuse failed to discharge, or properly to discharge, any of its functions under this Act, or
b
in discharging any of its functions under this Act the CHAI or the CSCI has without reasonable excuse failed to comply with any directions given by him in relation to those functions.
I19230
In section 121, in the Table in subsection (13), insert the following entries at the appropriate places— “
CHAI
Section 5A
”
; and “
CSCI
Section 5B
”
.
Freedom of Information Act 2000 (c. 36)
I13I2131
In the Freedom of Information Act 2000, in Part 6 of Schedule 1, at the appropriate places insert the following entries— “
Commission for Healthcare Audit and Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(i) of the Care Standards Act 2000.
”
; “
Commission for Social Care Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(ii) of the Care Standards Act 2000.
”
.
Adoption and Children Act 2002 (c. 38)
F3832
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 10Recovery of NHS charges: exempted payments
I249I2401
Any payment made to or for the injured person under—
a
section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (compensation orders against convicted persons),
b
section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (corresponding provision in relation to Scotland), or
c
Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (corresponding provision in relation to Northern Ireland).
I241I2502
Any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—
a
the injury suffered by the injured person, or
b
any connected injury suffered by another.
I1I251I2423
Any payment made out of property held for the purposes of a prescribed trust.
I243I2524
1
Any payment made to the injured person by an insurer under the terms of any contract of insurance entered into between the injured person and the insurer before the occurrence of the injury in question.
2
In sub-paragraph (1), “insurer” means—
a
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 (c. 8) to effect or carry out contracts of insurance, or
b
an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance.
3
Sub-paragraph (2) must be read with—
a
section 22 of the Financial Services and Markets Act 2000,
b
any relevant order under that section, and
c
Schedule 2 to that Act.
I244I2535
Any payment which apart from this paragraph would be made by—
a
the responsible body of the health service hospital to whom the payment would subsequently be passed under section 162,
b
the relevant ambulance trust to whom the payment would subsequently be passed under that section.
I245I2546
Any payment to the extent that it is made—
a
in consequence of an action under the Fatal Accidents Act 1976 (c. 30),
b
in consequence of an action under the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or
c
in circumstances where, had an action been brought, it would have been brought under that Act or Order.
I246I2557
Any payment to the extent that it is made in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 1976 (c. 13).
I2I256I2478
Any payment of a prescribed description, either generally or in such circumstances as may be prescribed.
SCHEDULE 11Part 4: minor and consequential amendments
National Health Service (Amendment) Act 1949 (c. 93)
I27I541
1
The National Health Service (Amendment) Act 1949 (which is spent in relation to England and Wales) shall cease to have effect.
2
This paragraph extends to England and Wales only.
Health Services and Public Health Act 1968 (c. 46)
I28I55I229I2162
The Health Services and Public Health Act 1968 has effect subject to the following amendments.
3
I30I57I2301
Section 59 is amended as follows.
2
In subsection (1)—
I29I563
In subsection (2), after “1977” insert “
(in the case of pharmaceutical services)
”
.
I29I564
In subsection (2A), omit “section 28C of the 1977 Act,”.
I29I565
After subsection (2B) insert—
2C
In subsection (1), the references to primary medical services and primary dental services are references to primary medical services and primary dental services provided under Part 1 of the 1977 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.
I58I314
In section 63(2)—
a
after paragraph (a) insert—
aa
the provision or performance of a primary medical service or primary dental service under Part 1 of the 1977 Act and an activity involved in or connected with the provision or performance of such a service;
b
in paragraph (ba), omit “section 28C of the 1977 Act or”.
I32I595
In section 64(3)(b), after “make arrangements” insert “
or any service which a Primary Care Trust or Local Health Board is under a duty to provide under section 16CA or 16CC of that Act
”
.
Patents Act 1977 (c. 37)
I60I336
1
Section 56(4)(a) of the Patents Act 1977 is amended as follows.
2
After “the provision of—” insert—
ai
primary medical services or primary dental services under Part 1 of the National Health Service Act 1977, or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man, or
3
In sub-paragraph (i), after “1977” insert “
(in the case of pharmaceutical services)
”
.
4
In sub-paragraph (ii), omit “section 28C of the 1977 Act,”.
National Health Service Act 1977 (c. 49)
F137
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F138
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1812
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1813
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1814
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1815
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1816
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3017
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F918
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F919
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F920
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F921
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F922
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F923
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F924
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F925
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F926
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F927
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F928
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F929
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F930
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F931
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F932
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I21833
1
Section 98 is amended as follows.
2
In subsection (1)—
a
insert “
and
”
at the end of paragraph (dd);
b
omit paragraph (e) and the preceding “and”.
3
In subsection (4)—
a
in paragraph (a), omit the words from “, other than” to the end;
b
omit paragraph (b).
F2634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1035
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1036
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1037
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2538
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1939
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1940
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1941
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1942
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1943
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1944
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1945
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Health Service (Scotland) Act 1978 (c. 29)
46
I35I62I231I2191
Section 17D of the National Health Service (Scotland) Act 1978 is amended as follows.
2
In subsection (1)—
3
In subsection (2), in the definition of “NHS employee”—
Medical Act 1983 (c. 54)
I63I3647
The Medical Act 1983 is amended as follows.
I37I6448
In section 11(4), in the definition of “medical practice”—
a
after “practitioners—” insert—
za
perform primary medical services under Part 1 of the National Health Service Act 1977; or
b
in paragraph (a), omit “Part II of the National Health Service Act 1977,”;
c
in paragraph (b), omit “section 28C of the 1977 Act,”.
I38I6549
In section 12(2)(a), for “general medical services under Part II of the National Health Service Act 1977,” substitute “
primary medical services under Part 1 of the National Health Service Act 1977 or general medical services under
”
.
Dentists Act 1984 (c. 24)
I220I23250
In section 40(2) of the Dentists Act 1984, after paragraph (a) insert—
aa
by a person providing primary dental services under section 28C of the National Health Service Act 1977 or under a contract under section 28K of that Act, or
Community Health Councils (Access to Information) Act 1988 (c. 24)
I66I3951
In section 1(6) of the Community Health Councils (Access to Information) Act 1988, in the paragraph 6B inserted into Schedule 12A of the Local Government Act 1972 (c. 70)—
a
after paragraph (a) insert—
aa
any particular person who is or was formerly included in, or is an applicant for inclusion in, a list under section 28X of that Act; or
ab
any particular person who is or was formerly providing services under a contract under section 28K or section 28Q of that Act; or
b
in paragraph (b), for “such a person” substitute “
a person mentioned in paragraphs (a) to (ab) above
”
.
Copyright, Designs and Patents Act 1988 (c. 48)
I67I4052
In section 240(4) of the Copyright, Designs and Patents Act 1988—
a
after “providing—” insert—
za
primary medical services or primary dental services under Part 1 of the National Health Service Act 1977
b
in paragraph (a)(i), after “1977” insert “
(in the case of pharmaceutical services)
”
;
c
omit paragraph (b)(i).
Health and Medicines Act 1988 (c. 49)
I69I42I22153
The Health and Medicines Act 1988 has effect subject to the following amendments.
I22254
In section 12(1)—
a
omit “The Dental Estimates Board shall be renamed as “the Dental Practice Board” and”;
b
in paragraph (a), omit “for any reference to the Dental Estimates Board there were substituted a reference to the Dental Practice Board and”;
c
in paragraph (b)—
i
omit “the Dental Estimates Board or”,
ii
for “either or both of those Boards” substitute “
that Board
”
, and
iii
omit “the Dental Practice Board and”.
I68I4155
In section 17(1)—
a
omit “29, 36”;
b
for “39 or 42” substitute “
38, 39, 41 or 42
”
.
National Health Service and Community Care Act 1990 (c. 19)
I70I4356
1
Section 18 of the National Health Service and Community Care Act 1990 is amended as follows (for so long as it has effect).
2
In subsection (1), for “Health Authority”, in each place, substitute “
Local Health Board
”
.
3
In subsection (3), for paragraphs (a) and (b) substitute—
a
a person or body who has entered into a contract under section 28Q of the principal Act, otherwise than in partnership; or
b
two or more individuals practising in partnership who together have entered into such a contract,
4
In subsections (4) and (5), for “Health Authority”, in each place, substitute “
Local Health Board
”
.
5
At the end insert—
9
In this section, references to the “relevant” Primary Care Trust or Local Health Board, in relation to a practice, are to the Primary Care Trust or Local Health Board with which it has entered into a contract under section 28Q of the principal Act.
Access to Health Records Act 1990 (c. 23)
I44I7157
1
The Access to Health Records Act 1990 is amended as follows.
2
In section 1, in subsection (2), for paragraph (a) substitute—
a
in the case of a record made by a health professional performing primary medical services under a general medical services contract made with a Primary Care Trust or Local Health Board, the person or body who entered into the contract with the Trust or Board (or, in a case where more than one person so entered into the contract, any such person);
aa
in the case of a record made by a health professional performing such services in accordance with arrangements under section 28C of that Act with a Primary Care Trust, Strategic Health Authority or Local Health Board, the person or body which made the arrangements with the Trust, Authority or Board (or, in a case where more than one person so made the arrangements, any such person);
3
In that subsection, in paragraph (b), after “by a health service body” insert “
(and not falling within paragraph (aa) above)
”
.
4
In section 7—
a
in subsection (2), omit the words from “(other” to “section 1(2)(a) above)”; and
b
omit subsection (3).
5
In section 11—
a
at the appropriate place, insert—
“general medical services contract” means a contract under section 28Q of the National Health Service Act 1977;
b
omit the definition of “general practitioner”.
6
This paragraph extends to England and Wales only.
Water Industry Act 1991 (c. 56)
I45I7258
In Schedule 4A to the Water Industry Act 1991, for paragraph 7 substitute—
7
Premises not falling within paragraph 5 or 6 above which are used for the provision of primary medical services or primary dental services under Part 1 of the National Health Service Act 1977.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
I73I4659
1
Section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
2
In paragraph (a), omit “28C, 29, 35”.
3
Renumber the existing provision as subsection (1).
4
After that provision insert—
2
In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services—
a
in accordance with arrangements made by a Primary Care Trust, Strategic Health Authority or Local Health Board under section 28C of the National Health Service Act 1977; or
b
under a contract under section 28K or 28Q of that Act entered into by him with a Primary Care Trust or Local Health Board,
and “employer” in relation to such an individual, regarded in that capacity, means that Trust, Authority or Board.
Health Service Commissioners Act 1993 (c. 46)
I78I49I22360
The Health Service Commissioners Act 1993 has effect subject to the following amendments.
I74I22461
In section 2—
a
in subsection (1)(c), for the words from “exercising” to the end substitute “
not exercising functions only or mainly in Wales
”
;
F2b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I75I4762
1
Section 2A is amended as follows.
2
In subsection (1)—
a
for paragraph (a) substitute—
a
persons (whether individuals or bodies) providing services under a contract entered into by them with a Primary Care Trust under section 28K or 28Q of the National Health Service Act 1977
b
in paragraph (c), for “personal”, in both places, substitute “
primary
”
.
F33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I76I4863
In section 6(5)—
a
omit “29, 36”;
b
for “39 or 42” substitute “
38, 39, 41 or 42
”
.
I77I22564
In section 18(1), after “partly” insert “
or wholly
”
.
Employment Rights Act 1996 (c. 18)
I79I5065
1
Section 43K of the Employment Rights Act 1996 is amended as follows.
2
In subsection (1), after paragraph (b) insert—
ba
works or worked as a person performing services under a contract entered into by him with a Primary Care Trust or Local Health Board under section 28K or 28Q of the National Health Service Act 1977,
3
In subsection (2), after paragraph (a) insert—
aa
in relation to a worker falling within paragraph (ba) of that subsection, the Primary Care Trust or Local Health Board referred to in that paragraph,
Education Act 1996 (c. 56)
I233I22666
In section 520(1) of the Education Act 1996, for “(1A)” substitute “
16CB
”
.
Health Act 1999 (c. 8)
67
In Schedule 3 to the Health Act 1999, in paragraph 11(2)—
Freedom of Information Act 2000 (c. 36)
I200I235I26068
In Schedule 1 to the Freedom of Information Act 2000, in Part 3, before paragraph 44 insert—
43A
Any person providing primary medical services or primary dental services—
a
in accordance with arrangements made under section 28C of the National Health Service Act 1977; or
b
under a contract under section 28K or 28Q of that Act;
in respect of information relating to the provision of those services.
Health and Social Care Act 2001 (c. 15)
F1169
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1170
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1171
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1173
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
I52I8174
1
Section 17 of the National Health Service Reform and Health Care Professions Act 2002 is amended as follows.
2
In subsection (1)—
a
after paragraph (f) insert—
F41fb
persons providing primary medical services, primary dental services or primary ophthalmic services under Part 1 of the 1977 Act,
b
in paragraph (g), omit the words from “or under” to “that Act”.
3
In subsection (2), for “(1)(g)” substitute “
(1)(fa), (g)
”
.
SCHEDULE 12Privy Council appointments
Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)
F71
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Medical Act 1983 (c. 54)
I1982
1
Schedule 1 to the Medical Act 1983 (the General Medical Council) is amended as follows.
2
In paragraph 4(1)
(nominated members) for the words “Her Majesty on the advice of Her Privy Council” there are substituted “
the Privy Council
”
.
F83
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dentists Act 1984 (c. 24)
I1993
1
Schedule 1 to the Dentists Act 1984 (the General Dental Council) is amended as follows.
F52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In paragraph 2 (lay members) for sub-paragraphs (2) and (3) there are substituted the following—
2
The lay members shall be appointed by the Privy Council.
3
The lay members must include at least one person from each of England, Scotland, Wales and Northern Ireland.
4
A person is from England, Scotland, Wales or Northern Ireland (as the case may be) if he lives or works there or mainly lives or works there.
F64
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Opticians Act 1989 (c. 44)
F44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Osteopaths Act 1993 (c. 21)
F45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chiropractors Act 1994 (c. 17)
F46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Nursing and Midwifery Order 2001 (S.I. 2002/253)
F47
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health Professions Order 2001 (S.I. 2002/254)
F48
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 13Amendments consequential on the abolition of the Public Health Laboratory Service Board
Parliamentary Commissioner Act 1967 (c. 13)
I2021
In paragraph 8(1) of Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to examination) the words “or by the Public Health Laboratory Service Board” are omitted.
House of Commons Disqualification Act 1975 (c. 24)
I2032
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) the entry relating to the Chairman of the Public Health Laboratory Service Board is omitted.
Race Relations Act 1976 (c. 74)
I2043
In Part 2 of Schedule 1A to the Race Relations Act 1976 (additional bodies subject to a general statutory duty) the entry relating to the Public Health Laboratory Service Board is omitted.
National Health Service Act 1977 (c. 49)
F214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Income and Corporation Taxes Act 1988 (c. 1)
I2055
In section 519A(2) of the Income and Corporation Taxes Act 1988 (definition of health bodies) paragraph (h) is omitted.
National Health Service and Community Care Act 1990 (c. 19)
6
In the National Health Service and Community Care Act 1990—
F17a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in section 60(7) (removal of Crown immunities) paragraph (h) and the word “and” preceding it are omitted.
Health Service Commissioners Act 1993 (c. 46)
I2067
In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation) paragraph (g) and the word “and” preceding it are omitted.
Employment Rights Act 1996 (c. 18)
I2078
In section 218(10) (list of health service employers affected by continuity of employment provisions) paragraph (e) and the word “and” preceding it are omitted.
Government of Wales Act 1998 (c. 38)
I2089
1
In Schedule 5 to the Government of Wales Act 1998 (bodies covered by power of Assembly to require under section 74 of that Act certain persons to attend and give evidence and produce documents), paragraph 39 is omitted.
2
But sub-paragraph (1) does not affect a requirement made—
a
before this paragraph comes into force;
b
in relation to any matter which occurred or existed before that time.
Freedom of Information Act 2000 (c. 36)
I20910
In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act) paragraph 43 is omitted.
International Development Act 2002 (c. 1)
I21011
In Schedule 1 to the International Development Act 2002 (bodies with power to enter into certain arrangements) the words “Public Health Laboratory Service Board” are omitted.
Nationality, Immigration and Asylum Act 2002 (c. 41)
I21112
In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (disclosure of certain information to health service bodies)—
a
in paragraph (a) the word “
or
”
is inserted after sub-paragraph (iii) and sub-paragraph (v) and the word “or” preceding it are omitted;
b
in paragraph (b) the word “
or
”
is inserted after sub-paragraph (i) and sub-paragraph (iii) and the word “or” preceding it are omitted.
I22I53I82SCHEDULE 14Repeals and revocations
Sch. 14 in force at 1.3.2004 for specified purposes for E. by S.I. 2004/288, art. 4(2)(c) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)
Sch. 14 in force at 1.4.2004 for specified purposes for E. by S.I. 2004/288, art. 6 (with arts. 7-9) (as amended by S.I. 2004/866 and S.I. 2005/2925)
Sch. 14 in force at 1.4.2004 for specified purposes for W. by S.I. 2004/480, art. 5 (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)
I194I53I82Part 1NHS foundation trusts
Sch. 14 Pt. 1 in force at 1.4.2004 for E.W. insofar as not already in force by S.I. 2004/759, art. 12
Reference | Extent of repeal or revocation |
|---|---|
Health Services and Public Health Act 1968 (c. 46) | In section 63(5B), the “and” at the end of paragraph (bbb). |
National Health Service Act 1977 (c. 49) | In section 22(1A), the “or” at the end of paragraph (cc). In section 125, the “and” at the end of paragraph (bbb). |
National Health Service and Community Care Act 1990 (c. 19) | In Schedule 2, paragraphs 21 and 25(b). In Schedule 9—
|
Access to Health Records Act 1990 (c. 23) | In section 11, in the definition of “health service body”, the “or” before paragraph (d). |
Courts and Legal Services Act 1990 (c. 41) | In Schedule 16—
|
Health and Social Care Act 2001 (c. 15) | In section 11(2), the “and” before paragraph (c). |
National Health Service Reform and Health Care Professions Act 2002 (c. 17) | In section 15(1), the “and” before paragraph (b). |
I195I53I196I82I237Part 2Standards
Sch. 14 Pt. 2 in force at 1.4.2004 for specified purposes for E.W. by S.I. 2004/759, art. 13
Sch. 14 Pt. 2 in force at 1.4.2004 for specified purposes for W. by S.I. 2004/873, art. 2(e)
Sch. 14 Pt. 2 in force at 1.9.2006 for specified purposes for E. by S.I. 2006/1680, art. 3(d)
Reference | Extent of repeal or revocation |
|---|---|
Public Records Act 1958 (c. 51) | In Schedule 1, in Part 2 of the Table at the end of paragraph 3, the entries relating to the Commission for Health Improvement and the National Care Standards Commission. |
Public Bodies (Admission to Meetings) Act 1960 (c. 67) | In the Schedule, paragraph 1(bc) and (bf). |
Parliamentary Commissioner Act 1967 (c. 13) | In Schedule 2, the entries relating to the Commission for Health Improvement and the National Care Standards Commission. |
Local Authority Social Services Act 1970 (c. 42) | Section 7B. |
House of Commons Disqualification Act 1975 (c. 24) | In Part 2 of Schedule 1, the entries relating to the Commission for Health Improvement and the National Care Standards Commission. |
Northern Ireland Assembly Disqualification Act 1975 (c. 25) | In Part 2 of Schedule 1, the entries relating to the Commission for Health Improvement and the National Care Standards Commission. |
Hospital Complaints Procedure Act 1985 (c. 42) | In section 1—
|
Children Act 1989 (c. 41) | Section 14G. |
Health Service Commissioners Act 1993 (c. 46) | Section 4(6). |
Health Authorities Act 1995 (c. 17) | In Schedule 1, paragraph 109. |
Health Act 1999 (c. 8) | Sections 18 to 24. In section 62—
In section 64, the definition of “the Commission”. Section 66(6). Schedule 2. In Schedule 4, paragraph 71. |
National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) | In Schedule 1, in the entry relating to the Health Act 1999, “20(1), 22 and” and “and Schedule 2 (other than paragraph 2)”. In Schedule 2, the entries relating to the Health Act 1999. |
Care Standards Act 2000 (c. 14) | Sections 6 and 7. Section 9. Section 10(1). Section 22(8)(a). In section 31(6), “and inspect any medical records relating to his treatment in the establishment”. Section 32(8). Section 44. Section 45(1) to (3) and (5). Sections 46 and 47. Section 49(2). Section 51. In section 113(1), “the Commission or” and, in paragraph (b), “6(2) or”. In section 121(13), in the table, the entry for “the Commission”. In Schedule 1—
|
Local Government Act 2000 (c. 22) | In Schedule 5, paragraph 29. |
Freedom of Information Act 2000 (c. 36) | In Part VI of Schedule 1, the reference to the Commission for Health Improvement. |
National Health Service Reform and Health Care Professions Act 2002 (c. 17) | Sections 11 to 14. In Schedule 1, paragraphs 37, 49 and 50. In Schedule 5, paragraph 44. In Schedule 8, paragraphs 28 to 31. |
Health and Social Care (Community Health and Standards) Act 2003 | In Schedule 9, paragraph 27. |
I53I82I248I257Part 3Recovery of NHS charges
Sch. 14 Pt. 3 in force at 29.1.2007 for specified purposes for E.W. by S.I. 2006/3397, art. 3(1) (with art. 4)
Sch. 14 Pt. 3 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(g) (with art. 3)
Reference | Extent of repeal or revocation |
|---|---|
Road Traffic (NHS Charges) Act 1999 (c. 3) | The whole Act. |
Road Traffic Act 1988 (c. 52) | In section 145(6)—
In section 161(1), in the definition of “hospital”, paragraph (b). |
Tribunals and Inquiries Act 1992 (c. 53) | In Part 2 of Schedule 1, paragraph 56(e). |
Community Care and Health (Scotland) Act 2002 (asp 5) | Section 20(3). |
I53I82I201I214I215I236I228I238I258Part 4Dental and medical services
Sch. 14 Pt. 4 in force at 17.1.2005 for specified purposes for E. by S.I. 2005/38, art. 2(d) (with art. 3)
Sch. 14 Pt. 4 in force at 1.12.2005 for specified purposes for E. by S.I. 2005/2925, art. 6(1)(c)
Sch. 14 Pt. 4 in force at 15.2.2006 for specified purposes for W. by S.I. 2006/345, art. 4(1)(c)
Sch. 14 Pt. 4 in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 7(1)
Sch. 14 Pt. 4 in force at 1.4.2006 for specified purposes by S.I. 2005/2925, art. 11(1)
Sch. 14 Pt. 4 in force at 27.10.2006 for specified purposes by S.I. 2006/2817, art. 2(b)
Sch. 14 Pt. 4 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 para. 13 (with art. 4)
Reference | Extent of repeal or revocation |
|---|---|
National Health Service (Amendment) Act 1949 (c. 93) | The whole Act. |
Parliamentary Commissioner Act 1967 (c. 13) | In Schedule 3, in paragraph 8(1), “the Dental Practice Board or”. |
Health Services and Public Health Act 1968 (c. 46) | In section 59(2A), “section 28C of the 1977 Act,”. In section 63(2)(ba), “section 28C of the 1977 Act or”. |
House of Commons Disqualification Act 1975 (c. 24) | In Schedule 1, in Part 3, the entry relating to the Chairman or Vice-Chairman of the Dental Practice Board or member of that Board appointed at an annual salary. |
Race Relations Act 1976 (c. 74) | In Schedule 1A, in Part 2, the entry relating to the Dental Practice Board. |
Patents Act 1977 (c. 37) | In section 56(4)(a)(ii), “section 28C of the 1977 Act,”. |
National Health Service Act 1977 (c. 49) | In section 3(3), “medical, dental,”. Section 5(1A). In section 18A(3)(a), “general medical, general dental,”. In section 26(2)(a) and (4)(a), “general medical services, general dental services”. Section 28C(3) and (7). In section 28D(2), the definitions of “qualifying dental practitioner” and “qualifying medical practitioner”. Section 28DA. In section 28E—
Sections 28F to 28H. Sections 29 to 37. Section 43ZA(3)(a) and (b). In section 43C(3), in the definition of “Part II services” the words “general medical services, general dental services,”. In section 43D—
In section 44—
In section 45—
Section 49F(1)(a) and (c). In section 49H(1)(a), “or a dental corporation”. In section 52, “general medical services, general dental services,”. Section 53. Section 56(a) and (b). In section 72(5)(a), “, dental practitioners,”. In section 78—
Section 81(b). Section 82(b). Section 83(b). Section 85(1)(e). In section 98—
Section 99(1)(f) and the preceding “and”. Section 100(1)(e) and the preceding “and”. Section 102(1)(a)(iii) and (iv) and (2)(b) and (c). In section 103(1)(a), “or in accordance with section 28C arrangements”. In section 126(4), the words from “regulations made under section 32” to “or to”. In section 128(1)—
In Schedule 1—
In Schedule 7A, in paragraph 3(1)(g), the words from “or under” to “this Act”. In Schedule 12—
In Schedule 12A—
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National Health Service (Scotland) Act 1978 (c. 29) | Section 17A(2)(g). |
Health Services Act 1980 (c. 53) | In Schedule 5, paragraphs 2(3) and 4. |
Health and Social Services and Social Security Adjudications Act 1983 (c. 41) | Section 14(1). Section 15(a). In Schedule 6, paragraph 2. |
Medical Act 1983 (c. 54) | In section 11(4), in the definition of “medical practice”—
In Schedule 5, paragraph 16(a). |
Dentists Act 1984 (c. 24) | In section 40(2)(ab), “section 28C of the National Health Service Act 1977 or”. In Schedule 5, paragraph 8. |
Health and Social Security Act 1984 (c. 48) | In Schedule 3, paragraph 5. |
Income and Corporation Taxes Act 1988 (c. 1) | Section 519A(2)(f). |
Copyright, Designs and Patents Act 1988 (c. 48) | Section 240(4)(b)(i). |
Health and Medicines Act 1988 (c. 49) | In section 2(1)(a)—
In section 8(1)—
In section 12(1)—
Section 12(2) and (3)(a). In section 17(1), “29, 36”. In Schedule 2, paragraphs 4 to 6, 7(1) and (2) and 8(2) and (3). |
National Health Service and Community Care Act 1990 (c. 19) | In section 4(2)(g), “the Dental Practice Board or”. Section 18(7). Sections 23 and 24. Section 60(7)(f). |
Access to Health Records Act 1990 (c. 23) | In section 7—
In section 11, the definition of “general practitioner”. |
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) | In section 279(a), “28C, 29, 35”. |
Health Service Commissioners Act 1993 (c. 46) | Section 2(1)(f). In section 6(5), “29, 36”. |
Health Authorities Act 1995 (c. 17) | In Schedule 1, paragraphs 18 to 26. |
Medical (Professional Performance) Act 1995 (c. 51) | In the Schedule, paragraph 28. |
Employment Rights Act 1996 (c. 18) | In section 43K(1)(c)(i), “29, 35”. Section 218(10)(d). |
National Health Service (Primary Care) Act 1997 (c. 46) | Part 1. Section 23(1). Section 24(1). Section 25(1). Section 32. Section 40(1) and (3). Schedule 1. In Schedule 2, paragraphs 6, 8 to 12, 16 to 19, 24, 25, 71 to 73, 80 and 81. |
Health Act 1999 (c. 8) | Section 6(1). Section 9(2) and (3). In section 10(1)—
Section 11(2). Section 39(2) and (3). In section 61(2), the words from “, or Part 1” to “1997,”. In Schedule 3, paragraph 11(3). In Schedule 4—
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National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672) | In Schedule 1, in the entry for the National Health Service Act 1977, paragraphs (c) and (e). |
Freedom of Information Act 2000 (c. 36) | In Schedule 1, in Part 3—
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Health and Social Care Act 2001 (c. 15) | Section 15. Sections 17 and 18. Section 20(2) to (4). Section 22. Section 23(2) and (3). Section 26. Section 27(5). In section 41(1)—
In Schedule 5, paragraphs 5(4) to (7), 11(2) and (3) and 12(2). |
National Health Service Reform and Health Care Professions Act 2002 (c. 17) | Section 4(1). Section 5(2), (3) and (6). In section 17(1)(g), the words from “or under” to “that Act”. In Schedule 1, paragraph 17. In Schedule 2, paragraphs 3 to 10 and 72. In Schedule 3, paragraphs 2 to 6, 10 and 15 to 17. In Schedule 8, paragraph 2. |
Note: The repeals in this Part of this Schedule to the following enactments extend to England and Wales only—
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I53I82I213Part 5Replacement of Welfare Food Schemes
Sch. 14 Pt. 5 in force at 7.10.2005 by S.I. 2005/2278, art. 2(2)(b)
Reference | Extent of repeal or revocation |
|---|---|
Social Security Act 1988 (c. 7) | Section 15A(3). |
I53I82Part 6Loans by Secretary of State to NHS trusts
Reference | Extent of repeal or revocation |
|---|---|
National Health Service and Community Care Act 1990 (c. 19) | In Schedule 3, in paragraph 1(6), the words “, with the consent of the Treasury,”. |
I53I82I212Part 7Abolition of the Public Health Laboratory Service Board
Sch. 14 Pt. 7 in force at 1.4.2005 for E.W. by S.I. 2005/457, art. 2(b)
Reference | Extent of repeal or revocation |
|---|---|
Parliamentary Commissioner Act 1967 (c. 13) | In Schedule 3, in paragraph 8(1) the words “or by the Public Health Laboratory Service Board”. |
House of Commons Disqualification Act 1975 (c. 24) | In Schedule 1, in Part 3, the entry relating to the Chairman of the Public Health Laboratory Service Board. |
Race Relations Act 1976 (c. 74) | In Schedule 1A, in Part 2, the entry relating to the Public Health Laboratory Service Board. |
National Health Service Act 1977 (c. 49) | Section 5(4) and (5). In section 127(c) the words “(except the Public Health Laboratory Service Board)”. Schedule 3. |
Public Health Laboratory Service Act 1979 (c. 23) | Sections 1(3) and (4) and 2. |
Income and Corporation Taxes Act 1988 (c. 1) | Section 519A(2)(h). |
National Health Service and Community Care Act 1990 (c. 19) | Section 4(2)(h). In section 21(2), paragraph (c) and the preceding “and”. In section 60(7), paragraph (h) and the preceding “and”. |
Health Service Commissioners Act 1993 (c. 46) | In section 2(1), paragraph (g) and the preceding “and”. |
Employment Rights Act 1996 (c. 18) | In section 218(10), paragraph (e) and the preceding “and”. |
Government of Wales Act 1998 (c. 38) | In Schedule 5, paragraph 39. |
Freedom of Information Act 2000 (c. 36) | In Schedule 1, paragraph 43. |
International Development Act 2002 (c. 1) | In Schedule 1 the words “Public Health Laboratory Service Board”. |
Nationality, Immigration and Asylum Act 2002 (c. 41) | In section 133(4)—
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Sch. 1 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)