SCHEDULE 1CONSEQUENTIAL AMENDMENTS COMING INTO FORCE ON 8th FEBRUARY 2000

Article 3(1)

Voluntary Hospitals (Paying Patients) Act 1936

1.

In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions)5–

(a)

in the definition of “voluntary hospital”, after “trust” there is inserted “or a Primary Care Trust”;

(b)

after the definition of “Order” there is inserted the following definition–

““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977.”.

National Assistance Act 1948

2.

In section 24 of the National Assistance Act 1948 (authority liable for provision of accommodation)6–

(a)

in subsection (6)7, after “Secretary of State” there is inserted “, a Primary Care Trust”;

(b)

in subsection (7)8, after “1978” there is inserted “ , and “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977.”

Public Records Act 1958

3.

In the first Schedule to the Public Records Act 1958 (definition of public records)9, in the table at the end of paragraph 3, in Part I, in the second column, in the entry relating to National Health Service Authorities10, after the first “including” there is inserted “Primary Care Trusts and”.

Human Tissue Act 1961

4.

In section 1 of the Human Tissue Act 1961 (removal of parts of bodies for medical purposes)11–

(a)

in subsection (4A)(b), after “authority” there is inserted “, Primary Care Trust”;

(b)

at the end of subsection (10) there is added “and “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977.”.

Parliamentary Commissioner Act 1967

5.

In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation)12, paragraph 8 shall be renumbered as sub-paragraph (1) of that paragraph and–

(a)

in that sub-paragraph as so renumbered, for “a Health Authority, a Special Health Authority” there is substituted “a Health Authority, a Primary Care Trust, a Special Health Authority”; and

(b)

after that sub-paragraph there is inserted the following sub-paragraph–

“(2)

For the purposes of this paragraph, action taken by a Health Authority, Special Health Authority or Primary Care Trust in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.”

Abortion Act 1967

6.

In section 1 of the Abortion Act 1967 (medical termination of pregnancy)13, in subsection (3), after “or in a hospital vested in” there is inserted “a Primary Care Trust or”.

Leasehold Reform Act 1967

7.

In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes)14–

(a)

in subsection (5)(d), after “Special Health Authority” there is inserted “ , any Primary Care Trust”;

(b)

in subsection (6)(c), after “Special Health Authority” there is inserted “ , Primary Care Trust”.

Post Office Act 1969

8.

In section 86 of the Post Office Act 1969 (Interpretation of Part III)15, in the definition of “national health service authority”, in paragraph (a), for “or a Special Health Authority” there is substituted, “ , a Special Health Authority or a Primary Care Trust”.

Employers' Liability (Compulsory Insurance) Act 1969

9.

In section 3 of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance)16, in subsection (2)(a)–

(a)

the word “and”, in the second place where it appears, is omitted; and

(b)

after “1978” there is inserted “and a Primary Care Trust established under section 16A of the National Health Service Act 1977”.

Local Government Act 1972

10.

In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities)17–

(a)

in subsection (1A), for “Health Authority, Special Health Authority ”, in each place the words appear, there is inserted “Health Authority, Special Health Authority, Primary Care Trust”; and

(b)

in subsection (4), after “1990” there is inserted “and “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977”.

House of Commons Disqualification Act 1975

11.

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)18, there is inserted the following entry–

  • “Chairman or any member, not also being an employee, of a Primary Care Trust established under section 16A of the National Health Service Act 1977.”

Adoption Act 1976

12.

In section 2 of the Adoption Act 1976 (local authorities' social services)19, in paragraph (a), after “Special Health Authorities,” there is inserted “Primary Care Trusts,”.

National Health Service Act 1977

13.

(1)

The National Health Service Act 197720 is amended as follows.

(2)

In section 23 (voluntary organisations and other bodies), in subsection (2)21, for “or Special Health Authority” there is substituted “ , Special Health Authority or Primary Care Trust,”.

(3)

In each of sections 81 (charges for more expensive supplies) and 82 (charges for repairs and replacements in certain cases), in paragraph (a)22, for “or an NHS trust” there is substituted “, a Primary Care Trust or an NHS trust”.

(4)

In section 83 (sums payable to those providing services), in paragraph (a)23, for “or Special Health Authority” there is substituted “ , Special Health Authority or Primary Care Trust,”.

(5)

In section 83A (remission and repayment of charges etc.)24, in subsection (1)–

(a)

in paragraph (b), after “Secretary of State” there is inserted “ , a Primary Care Trust”;

(b)

in paragraph (c), after “prescribed to” there is inserted “a Primary Care Trust or”.

(6)

In section 98 (accounts and audit)25 there is added at the end–

“(6)

Nothing in this section shall require the keeping, preparation or transmission of accounts by a Primary Care Trust in respect of any financial year ending earlier than the trust’s operational date.”

(7)

In section 125 (protection of members and officers of authorities)26, the word “and” at the end of paragraph (b) is omitted, and after that paragraph there is inserted–

“(bb)

a Primary Care Trust; and”.

Overseas Development and Co-operation Act 1980

14.

In Schedule 1 to the Overseas Development and Co-operation Act 1980 (statutory bodies with powers under section 2(1) of that Act)27, in Part II, after “A Special Health Authority” there is inserted–

“A Primary Care Trust”.

Acquisition of Land Act 1981

15.

(1)

The Acquisition of Land Act 198128 is amended as follows.

(2)

In section 16 (statutory undertakers' land excluded from compulsory purchase), in subsection (3)29–

(a)

the word “and” at the end of paragraph (a) is omitted;

(b)

at the end of paragraph (b) there is inserted

“and

(c)

a Primary Care Trust established under section 16A of the National Health Service Act 1977;”.

(3)

In section 17 (local authority and statutory undertakers' land), in the definition of “statutory undertakers” in subsection (4)30, before paragraph (b) there is inserted–

“(ad)

a Primary Care Trust established under section 16A of the National Health Service Act 1977,”.

Mental Health Act 1983

16.

(1)

The Mental Health Act 198331 is amended as follows.

(2)

In section 12 (general provisions as to medical recommendations), in subsection (3)32, for “65 or 66” there is substituted “18A(4), 65 or 66”.

(3)

In section 19 (regulations as to transfer of patients)33, in subsection (3), after “National Health Service trust”, in both places the words appear, there is inserted “or Primary Care Trust”.

(4)

In section 23 (discharge of patients)34–

(a)

in subsection (3), for “Health Authority or Special Health Authority ”, in each place the words appear, there is substituted “Health Authority, Special Health Authority or Primary Care Trust”;

(b)

in subsection (5)(a)–

(i)

for “Health Authority or Special Health Authority”, in each place the words appear, there is substituted “Health Authority, Special Health Authority or Primary Care Trust”;

(ii)

after “authority”, in the first and third places the word appears, there is inserted “or trust”; and

(iii)

after “authority”, in the second place the word appears, there is inserted “, trust”.

(5)

In section 24 (visiting and examination of patients)35, in subsection (3), after “Special Health Authority”, in both places the words appear, there is inserted “, Primary Care Trust”.

(6)

In section 32 (regulations for purposes of Part II)36, in subsection (3), after “Special Health Authorities” there is inserted “ , Primary Care Trusts”.

(7)

In section 134 (correspondence of patients), in subsection (3)(e)37, for “or Special Health Authority” there is substituted “, Special Health Authority or Primary Care Trust”.

(8)

In section 139 (protection for acts done in pursuance of this Act), in subsection (4)38, for “or Special Health Authority” there is inserted “, Special Health Authority or Primary Care Trust”.

(9)

In section 145 (interpretation), in subsection (1)–

(a)

in the definition of “the managers”, in paragraph (bb)39, after “vested in” there is inserted “a Primary Care Trust or”;

(b)

after the definition of “patient” there is inserted–

““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;”.

Public Health (Control of Disease) Act 1984

17.

(1)

The Public Health (Control of Disease) Act 198440 is amended as follows.

(2)

In section 1 (authorities administering Act), in subsection (4)(b)41, for “or Special Health Authorities” there is inserted “ , Special Health Authorities or Primary Care Trusts”.

(3)

In section 13 (regulations for the control of certain diseases), in subsection (4)(a)42, after “Special Health Authorities” there is inserted “ , Primary Care Trusts”.

(4)

In section 37 (removal to hospital of person with notifiable disease), in subsection (1)43, in paragraph (c)–

(a)

after “Health Authority” there is inserted “or Primary Care Trust ”;

(b)

after “NHS trust” there is inserted “, Primary Care Trust”.

(5)

In section 41 (removal to hospital of inmate of common lodging-house with notifiable disease), in subsection (1)44, in paragraph (c)–

(a)

after “Health Authority” there is inserted “or Primary Care Trust ”;

(b)

after “NHS trust” there is inserted “, Primary Care Trust”.

Disabled Persons (Services, Consultation and Representation) Act 1986

18.

(1)

The Disabled Persons (Services, Consultation and Representation) Act 198645 is amended as follows.

(2)

In section 2 (rights of authorised representatives of disabled persons)–

(a)

in subsection (5)(a)46, after “the 1977 Act” there is inserted “, by a Primary Care Trust established under that Act”;

(b)

in subsection (9), in the definition of “health authority”, in paragraph (a)47, for “or a Special Health Authority” there is substituted “ , a Special Health Authority or a Primary Care Trust”.

(3)

In section 7 (persons discharged from hospital), in subsection (9), in the definition of “the managers”48–

(a)

in paragraph (a)(i), after “trust” there is inserted “or a Primary Care Trust”

(b)

after paragraph (b) there is inserted the following paragraph–

“(bb)

in relation to a hospital vested in a Primary Care Trust, means that trust;”.

(4)

In section 16 (interpretation), in subsection (1)49, after the definition of “parental responsibility”50 there is inserted the following definition–

““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;”.

AIDS (Control) Act 1987

19.

(1)

The AIDS (Control) Act 198751 is amended as follows.

(2)

In section 1 (periodical reports on matters relating to AIDS and HIV)52–

(a)

in subsection (1), in paragraph (b), the word “and” at the end of sub-paragraph (iii) is omitted, and at the end of sub-paragraph (iv) there is inserted

“and

(v)

each Primary Care Trust.”;

(b)

in subsection (2)(b), for “or NHS trust” there is substituted “ , NHS trust or Primary Care Trust”;

(c)

in subsection (9), for “and”, in the first place where it appears, there is substituted

  • “, “Primary Care Trust” means a Primary Care Trust established under section 16A of that Act,”.

(3)

In the Schedule (contents of reports), the letters “NHS”, in each place they appear, are omitted.

Dartford-Thurrock Crossing Act 1988

20.

In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls)53, in paragraph (b), for “or a Special Health Authority established under section 11 of that Act” there is substituted “, a Special Health Authority established under section 11 of that Act or a Primary Care Trust established under section 16A of that Act”.

Community Health Councils (Access to Information) Act 1988

21.

In section 1 of the Community Health Councils (Access to Information) Act 1988 (access to meetings and documents of Community Health Councils)54, in subsection (6)(a), after “Health Authority” there is inserted “or Primary Care Trust”.

Road Traffic Act 1988

23.

In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security)56, in subsection (2)(da), after “1990” there is inserted, “by a Primary Care Trust established under section 16A of the National Health Service Act 1977”.

Children Act 1989

24.

(1)

The Children Act 198957 is amended as follows.

(2)

In section 19 (review of provision for day care, child minding etc)58, in subsection (7)(a), after “Special Health Authority” there is inserted “, Primary Care Trust”.

(3)

In section 21 (provision of accommodation for children in police protection or detention or on remand, etc), in subsection (3)59–

(a)

after “Secretary of State” there is inserted “or a Primary Care Trust,”;

(b)

after “Health Authority” there is inserted “or a Primary Care Trust ”.

(4)

In section 24 (advice and assistance for certain children)60, in–

(a)

subsection (2)(d), and

(b)

subsection (12)(b),

after “Special Health Authority” there is inserted “, Primary Care Trust”.

(5)

In section 27 (co-operation between authorities), in subsection (3)(d)61, after “Special Health Authority” there is inserted “, Primary Care Trust”.

(6)

In section 29 (recoupment of cost of providing services), in subsection (8)62–

(a)

after “Secretary of State” there is inserted “or a Primary Care Trust”;

(b)

after “Health Authority” there is inserted “or a Primary Care Trust, ”.

(7)

In section 47 (local authority’s duty to investigate), in subsection (11)63, after “Special Health Authority” there is inserted “, Primary Care Trust”.

(8)

In section 80 (inspection of children’s homes etc. by persons authorised by Secretary of State)64, in–

(a)

subsection (1)(d), after “Special Health Authority” there is inserted “ , Primary Care Trust”; and

(b)

subsection (5)(e), after “Special Health Authority” there is inserted “ Primary Care Trust,”.

(9)

In section 85 (children accommodated by health authorities and local education authorities), in subsection (1)65, after “Special Health Authority, ” there is inserted “Primary Care Trust,”.

(10)

In section 105 (interpretation), in subsection (1), after the definition of “prescribed” there is inserted the following definition–

““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;”.

(11)

In Part I of Schedule 2 (provision of services for families), in paragraph 1A66, in sub-paragraph (3)(a), for “health authority” there is substituted “Health Authority and Primary Care Trust”.

Access to Health Records Act 1990

25.

In section 11 of the Access to Health Records Act 1990 (interpretation)67–

(a)

in the definition of “health service body”, for “or Special Health Authority” there is substituted “, Special Health Authority or Primary Care Trust”;

(b)

after the definition of “parental responsibility” there is inserted the following definition–

““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;”.

London Local Authorities Act 1991

26.

In section 4 of the London Local Authorities Act 1991 (interpretation of Part II of that Act)68, in the definition of “establishment for special treatment”, in paragraph (d), after “Secretary of State” there is inserted “, by a Primary Care Trust established under section 16A of the National Health Service Act 1977”.

Social Security Contributions and Benefits Act 1992

27.

(1)

The Social Security Contributions and Benefits Act 199269 is amended as follows.

(2)

In section 163 (interpretation of Part XI of the Act (statutory sick pay) and supplementary provisions), in subsection (6), after “two or more contracts, ” there is inserted “or where an order under paragraph 23(1) of Schedule 5A to the National Health Service Act 1977 provides that a person’s contract of employment is so divided,”.

(3)

In section 171 (interpretation of Part XII of the Act (statutory maternity pay) and supplementary provisions), in subsection (3), after “two or more contracts,” there is inserted “or where an order under paragraph 23(1) of Schedule 5A to the National Health Service Act 1977 provides that a woman’s contract of employment is so divided,”.

Vehicle Excise and Registration Act 1994

28.

In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicles exempt from vehicle excise duty)70, in paragraph 7, after sub-paragraph (c), there is inserted

“or

(d)

a Primary Care Trust established under section 16A of the National Health Service Act 1977.”.

Value Added Tax Act 1994

29.

In section 41 of the Value Added Tax Act 1994 (application of the Act to the Crown)71–

(a)

in subsection (6), the words from “a health service body” to “ 1990, and” are omitted;

(b)

in subsection (7), for the words from “a National Health Service trust ” to “1990” there is substituted “a health service body as defined in section 60(7) of the National Health Service and Community Care Act 1990, and a National Health Service trust established under Part I of that Act”.

Employment Rights Act 1996

30.

(1)

The Employment Rights Act 199672 is amended as follows.

(2)

In section 50 (right to time off for public duties), in subsection (8)(b), for “or a Special Health Authority established under section 11 of that Act” there is substituted “, a Special Health Authority established under section 11 of that Act or a Primary Care Trust established under section 16A of that Act”.

(3)

In section 218 (change of employer), in subsection (10), after paragraph (b) there is inserted the following paragraph–

“(bb)

Primary Care Trusts established under section 16A of that Act,”.

Housing Grants, Construction and Regeneration Act 1996

31.

(1)

The Housing Grants, Construction and Regeneration Act 199673 is amended as follows.

(2)

In section 3 (applicants ineligible for grants for improvements and repairs, etc), in subsection (2)(f), after “special health authority” there is inserted “, Primary Care Trust”.

(3)

In section 64 (persons eligible to participate in group repair scheme), in subsection (7)(d), after “special health authority” there is inserted “, Primary Care Trust”.

Education Act 1996

32.

(1)

The Education Act 199674 is amended as follows.

(2)

In section 322 (duty of Health Authority or local authority to help local education authority)–

(a)

in subsection (1)–

(i)

after “Health Authority” insert “, Primary Care Trust”, and

(ii)

after “the help of the authority” there is inserted “or trust”;

(b)

in subsection (2), after “An authority” there is inserted “or a trust”;

(c)

in subsection (3)(a)–

(i)

after “Health Authority” there is inserted “or Primary Care Trust ”, and

(ii)

after “if that authority” there is inserted “or trust”;

(d)

in subsection (4), after “an authority” there is inserted “or a trust”.

(3)

In section 332 (duty of Health Authority or National Health Service trust to notify parent etc), after “Health Authority” there is inserted “ , a Primary Care Trust”.

Data Protection Act 1998

33.

In section 69 of the Data Protection Act 1998 (meaning of “health professional ”)75, in subsection (3), after paragraph (b), there is inserted the following paragraph–

“(bb)

a Primary Care Trust established under section 16A of that Act,”.

School Standards and Framework Act 1998

34.

In Schedule 9 of the School Standards and Framework Act 1998 (constitution of governing bodies)76, in paragraph 10(5), after “National Health Service trust” there is inserted “or a Primary Care Trust”.

Crime and Disorder Act 1998

35.

(1)

The Crime and Disorder Act 199877 is amended as follows.

(2)

In section 5 (authorities responsible for crime and disorder strategies), in subsection (2)(b), for “or health authority” there is substituted “ , health authority or Primary Care Trust”.

(3)

In section 38 (local provision of youth justice services), in subsection (2)(b), for “or health authority” there is substituted “, health authority or Primary Care Trust”.

(4)

In section 39 (youth offending teams), in subsection (3)(b), for “or health authority” there is substituted “, health authority or Primary Care Trust”.

(5)

In section 41 (the Youth Justice Board), in subsection (10), for “and a health authority” there is substituted “, a health authority and a Primary Care Trust”.

(6)

In section 42 (supplementary provisions), in subsection (3), for “or a health authority” there is substituted “, a health authority or a Primary Care Trust”.

(7)

In section 115 (disclosure of information), in subsection (2), there is added at the end–

“(g)

a Primary Care Trust.”.

Road Traffic (NHS Charges) Act 1999

36.

(1)

The Road Traffic (NHS Charges) Act 199978 is amended as follows.

(2)

In section 1 (payment for hospital treatment), in subsection (6)(a), for “ section 65” there is inserted “section 18A(4) or 65”.

(3)

In section 17 (interpretation)–

(a)

after the definition of “prescribed” there is inserted the following definition–

““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;”;

(b)

in the definition of “responsible body”, after “National Health Service trust” there is inserted “or a Primary Care Trust”.

SCHEDULE 2CONSEQUENTIAL AMENDMENTS IN RESPECT OF HIGH SECURITY PSYCHIATRIC SERVICES

Article 3(2)

PART IACTS

Criminal Appeal Act 1968

1.

In section 51 of the Criminal Appeal Act 1968 (interpretation)79, in subsection (2), after “section 145(1)” there is inserted “and (1AA) ”.

Health Services and Public Health Act 1968

2.

In section 66 of the Health Services and Public Health Act 1968 (payments in respect of travelling expenses of visitors to patients in special hospitals)80, in subsections (1) and (2), for “special hospitals”, in each place those words appear, there is substituted “hospitals at which high security psychiatric services are provided”.

Children and Young Persons Act 1969

3.

In section 12B of the Children and Young Persons Act 1969 (requirements as to mental treatment)81, in subsection (1)(c), for “special hospital within the meaning of that Act” there is substituted “hospital at which high security psychiatric services within the meaning of that Act are provided”.

Disabled Persons (Services, Consultation and Representation) Act 1986

4.

(1)

The Disabled Persons (Services, Consultation and Representation) Act 198682 is amended as follows.

(2)

In section 7 (persons discharged from hospital), in subsection (9), in the definition of “the managers”83–

(a)

in paragraph (a)(i) there is omitted “a special hospital or”, and

(b)

paragraph (b) is omitted.

(3)

In section 11 (reports to Parliament), in the definition of “health service hospital” in sub-section (2)(a), for “special hospital” there is substituted “hospital at which high security psychiatric services within the meaning of that Act are provided”.

(4)

In section 16 (interpretation) the definition of “special hospital” is omitted.

Children Act 1989

5.

In section 105 of the Children Act 1989 (interpretation), in subsection (1), in the definition of “hospital”, for “special hospital within the meaning of that Act” there is substituted “hospital at which high security psychiatric services within the meaning of that Act are provided ”.

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

6.

In Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (supervision and treatment orders)84, in paragraph 4(2)(a), for “special hospital within the meaning of the National Health Service Act 1977” there is substituted “hospital at which high security psychiatric services within the meaning of the National Health Service Act 1977 are provided ”.

PART IIREGULATIONS AND ORDERS

The Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996

7.

(1)

The Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 199685 is amended as follows.

(2)

In article 3 (functions of the Authorities), for “special hospital” there is substituted “provision of high security psychiatric services at the hospital”.

(3)

In the Schedule, in Column (2), the word “special” is omitted in each of the three places where it occurs.

The Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations 1996

8.

(1)

The Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations86 are amended as follows.

(2)

In regulation 1(2) (interpretation)–

(a)

in the definition of “the hospitals”, the word “special” is omitted and after “Rampton hospitals” there is added “at which high security psychiatric services are provided”; and

(b)

in the definition of “the specified mental health service functions ”, for “and his functions under the Mental Health Act 1983 as the managers of the relevant hospital” there is substituted “in so far as they relate to the provision of high security psychiatric services”.

(3)

In regulation 2 (functions of hospital authorities), in paragraph (1), for “special hospital” there is substituted “hospital at which high security psychiatric services are provided”.