SCHEDULEMODIFICATION OF PUBLIC GENERAL ACTS

Article 2

Health Services and Public Health Act 1968 (c. 46)

1

1

The Health Services and Public Health Act 1968 is amended as follows.

2

In section 59 (extension of power of user by Crown of patented invention to user for certain health purposes)2–

a

in subsection (2), after “1978” insert “(in the case of pharmaceutical services or general dental services)”;

b

in subsection (2A) –

i

omit “respective”; and

ii

after “1978 Act” insert “(in the case of personal dental services)”; and

c

in subsection (2C), for the words from “the” where it first occurs to “and” where it second occurs substitute “reference to primary medical services is a reference to primary medical services provided under Part 1 of the 1977 Act, Part 1 of the 1978 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man and the reference to primary dental services is a reference to”.

3

In section 63(2)(aa) (provision of instruction for officers of hospital authorities and other persons)3, after “Act” insert “or the provision or performance of a primary medical service under Part 1 of the National Health Service (Scotland) Act 1978”.

4

In section 64(4) (financial assistance to certain voluntary organisations)4, after “make arrangements” insert “or any service which a Health Board is under a duty to provide under section 2C of that Act”.

Patents Act 1977 (c. 37)

2

In section 56(4)(a) of the Patents Act 1977 (interpretation, etc., of provisions about Crown use)5–

a

in sub-paragraph (ai), after “services” where it first occurs insert “under Part 1 of the National Health Service Act 1977, Part 1 of the National Health Service (Scotland) Act 1978 or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man”;

b

in sub-paragraph (i), after “1978” insert “(in the case of pharmaceutical services or general dental services)”; and

c

in sub-paragraph (ii), after “Act” insert “(in the case of personal dental services)”.

National Health Service Act 1977 (c. 49)

3

In sub-paragraph (iii) of section 28D(1)(bc) of the National Health Service Act 1977 (persons with whom agreements may be made)6, for “section 19” substitute “section 17J”.

Medical Act 1983 (c. 54)

4

1

The Medical Act 1983 is amended as follows.

2

In the definition of “medical practice” in section 11(4) (provisions supplementary to section 10, etc.)7–

a

in paragraph (za), after “1977” insert “or Part 1 of the National Health Service (Scotland) Act 1978”;

b

in paragraph (a), omit “Part II of the National Health Service (Scotland) Act 1978 or”; and

c

in paragraph (b)–

i

for “section 17C of the 1978 Act or the corresponding” substitute “the”; and

ii

at the end insert “corresponding to section 17C of the 1978 Act immediately before the commencement of section 2 of the Primary Medical Services (Scotland) Act 2004”8.

3

In section 12(2)(a) (special provisions as to employment in health centres)9–

a

after “1977” insert “or Part 1 of the National Health Service (Scotland) Act 1978,”; and

b

omit “Part II of the National Health Service (Scotland) Act 1978 or”.

Health and Medicines Act 1988 (c. 49)

6

1

The Health and Medicines Act 1988 is amended as follows.

2

Omit section 2 (powers of Secretary of State)11.

3

In section 8(1) (retirement or practitioners)12, omit paragraph (a).

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

7

In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners)13–

a

in subsection (1)–

i

omit “personal medical services or” and “general medical services,”; and

ii

in paragraph (b), omit “19,”; and

b

after subsection (2) add–

3

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–

a

in accordance with arrangements made by a Health Board under section 17C of the National Health Service (Scotland) Act 1978; or

b

under a contract under section 17J of that Act entered into by him with a Health Board,

and “employer” in relation to such an individual, regarded in that capacity, means that Health Board.

Employment Rights Act 1996 (c. 18)

8

In section 43K of the Employment Rights Act 1996 (extension of meaning of “worker” etc. for Part IVA)14–

a

in subsection (1)–

i

after paragraph (ba) insert–

bb

works or worked as a person performing services under a contract entered into by him with a Health Board under section 17J of the National Health Service (Scotland) Act 1978,

ii

in paragraph (c), omit “general medical services,”; and

iii

in paragraph (c)(ii), omit “19,”; and

b

in subsection (2), after paragraph (aa) insert–

ab

in relation to a worker falling within paragraph (bb) of that subsection, the Health Board referred to in that paragraph,

Health Act 1999 (c. 8)

9

In Schedule 4 to the Health Act 1999 (amendment of enactments)15, omit paragraph 2.