2006 No. 1056
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
NATIONAL HEALTH SERVICE, SCOTLAND

The Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006

Made
Coming into force in accordance with article 1(2)
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113 of the Scotland Act 19981;

In accordance with section 115 of, and paragraphs 1, 2 and 3 of Schedule 7 to, that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent1.

(1)

This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006.

(2)

This Order shall come into force on as follows–

(a)

this article shall come into force on the day after the day on which this Order is made;

(b)

article 2 and the Schedule shall, subject to sub-paragraph (c), come into force on the day on which section 20 of the Smoking, Health and Social Care (Scotland) Act 20052 comes into force; and

(c)

paragraph 5(c) of the Schedule and article 2, for the purposes of paragraph 5(c) of the Schedule, shall come into force on the later of the day after the day on which this Order is made or the day on which regulations made under section 26(2) of the National Health Service (Scotland) Act 19783, as substituted by section 19 of the Smoking, Health and Social Care (Scotland) Act 2005, come into force.

(3)

This Order does not extend to Scotland.

(4)

Subject to paragraph (3), the modifications in the Schedule have the same extent as the provisions being modified.

Modifications2.

The modifications in the Schedule have effect.

DAVID CAIRNS
Parliamentary Under Secretary of State Scotland Office,
Department for Constitutional Affairs

Dover House,

London

SCHEDULE

Article 2

PART 1MODIFICATION OF PUBLIC GENERAL ACTS

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 services)4–

(a)

in subsection (1), after “local pharmaceutical services,” insert “pharmaceutical care services,”;

(b)

in subsection (2), omit “pharmaceutical services or”; and

(c)

after subsection (2C) insert–

“(2D)

In subsection (1), the reference to pharmaceutical care services is a reference to pharmaceutical care services provided under Part 1 of the National Health Service (Scotland) Act 1978.”.

(3)

In section 63(2)(aa) (provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities associated with health or welfare)5, after “primary medical service” in the second place where it appears, insert “or pharmaceutical care service”.

(4)

In section 64(4) (financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations)6 after “section 2C” insert “or 2CA”.

Patents Act 1977(c. 37)

2.

In section 56(4)(a) of the Patents Act 1977 (interpretation, etc., of provisions about Crown use)7–

(a)

in sub-paragraph (i), omit “pharmaceutical services or”; and

(b)

after sub-paragraph (iii) add–

“; or

(iiia)

pharmaceutical care services under Part 1 of the National Health Service (Scotland) Act 1978,”.

National Health Service Act 1977(c. 49)

3.

In section 41B of the National Health Service Act 1977 (terms and conditions etc.)8–

(a)

in subsection (2), after “pharmaceutical list” insert “or who has entered into a pharmaceutical care services contract under section 17Q of the National Health Service (Scotland) Act 1978”; and

(b)

in subsection (6)(b), omit “section 27(2)(a) of the National Health Service (Scotland) Act 1978 or”.

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

5.

In section 4A of the National Health Service and Community Care Act 1990 (provision of certain services under NHS contracts)10–

(a)

in subsection (1)–

(i)

in paragraph (a), omit “or”; and

(ii)

after paragraph (b) add–

“; or

(c)

by a person who has entered into a pharmaceutical care services contract under section 17Q of the National Health Service (Scotland) Act 1978,”;

(b)

in subsection (3), in the definition of “pharmaceutical list” omit paragraph (b); and

(c)

after subsection (3) add–

“(4)

In subsection (3), in paragraph (b) of the definition of “ophthalmic list” the reference to a list published in accordance with regulations made under paragraph (a) of section 26(2) of the National Health Service (Scotland) Act 1978 is a reference to the first part of the list (referred to in sub-paragraph (i) of that paragraph) which is published in accordance with regulations under that paragraph.”.

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

6.

In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners)11–

(a)

in subsection (1)(b), for “, 26, or 27” substitute “or 26”; and

(b)

after subsection (3) add–

“(4)

In this Act–

(a)

“worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing pharmaceutical care services under a contract entered into by him with a Health Board under section 17Q of the National Health Service (Scotland) Act 1978; and

(b)

“employer” in relation to such a person, regarded in that capacity, means that Health Board.”.

Employment Rights Act 1996 (c. 18)

7.

In section 43K of the Employment Rights Act 1996 (extension of meaning of “worker” etc. for Part 4A)12–

(a)

in subsection (1)–

(i)

in paragraph (c)(ii), for “, 26 or 27” substitute “or 26”; and

(ii)

after that paragraph insert–

“; or

(ca)

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

(b)

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

“(ba)

in relation to a worker falling within paragraph (ca) of that subsection, the Health Board referred to in that paragraph, and”.

PART 2MODIFICATION OF SUBORDINATE LEGISLATION

The National Health Service (Pharmaceutical Services) Regulations 1992

8.

In the National Health Service (Pharmaceutical Services) Regulations 199213, in paragraph 8(3)(a)(i) of Schedule 2 (providing ordered drugs or appliances)–

(a)

omit “Scotland or”;

(b)

omit “or, in Scotland, of a Health Board”; and

(c)

after “Social Services Board” insert “, or, in Scotland, from inclusion in the list of persons performing pharmaceutical care services maintained by a Health Board in terms of section 17X of the National Health Service (Scotland) Act 1978”.

National Health Service (Charges for Drugs and Appliances)(Wales) Regulations 2001

9.

In the National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 200114, in regulation 2(1) (interpretation), in the definition of “equivalent prescription form” (“ffurflen brescripsiwn gyfatebol”)–

(a)

omit “, Scotland”; and

(b)

after “local pharmaceutical services” insert “, or in Scotland pharmaceutical care services provided under Part 1 of the National Health Service (Scotland) Act 1978,”.

Rheoliadau'r Gwasanaeth Iechyd Gwladol (Ffioedd am Gyffuriau a Chyfarpar)(Cymru) 2001

10.

In Rheoliadau'r Gwasanaeth Iechyd Gwladol (Ffioedd am Gyffuriau a Cyfarpar) (Cymru) 200115, in regulation 2(1) (dehongli), in the definition of “ffurflen bresgripsiwn gyfatebol” (“equivalent prescription form”)–

(a)

omit “, yr Alban”; and

(b)

after “wasanaethau fferyllol lleol” insert “neu, yn yr Alban gwasanaethau gofal fferyllol a ddarperir o dan Ran 1 o Ddeddf y Gwasanaeth Iechyd Gwladol (yr Alban) 1978,”.

Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004

11.

In the Nurses and Midwives (Parts of and Entries in the Register) Order of Council 200416, in article 1(2) (citation, commencement and interpretation), in the definition of “Drug Tariff”, in paragraph (b), omit the words from “statement” to “1995” and substitute “document published in terms of section 17W of the National Health Service (Scotland) Act 1978”.

The National Health Service (Pharmaceutical Services) Regulations 2005

12.

In the National Health Service (Pharmaceutical Services) Regulations 200517, in paragraph 8(3)(a)(i) of Schedule 1 (providing ordered drugs or appliances)–

(a)

omit “Scotland or”;

(b)

omit “or, in Scotland, of a Health Board”; and

(c)

after “Social Services Board” insert “, or, in Scotland, from inclusion in the list of persons performing pharmaceutical care services maintained by a Health Board in terms of section 17X of the National Health Service (Scotland) Act 1978”.

(This note is not part of the Order)

This Order makes provision consequential on the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”).

Section 19 of the 2005 Act made provision for the preparation, maintenance and publication by Health Boards of lists of persons involved in the provision of general ophthalmic services, the first part of which shall be of persons who undertake to provide general ophthalmic services, and the second part of which shall be of persons who do not undertake to provide such services but who are approved by the Board to assist in the provision of such services. Part 3 of the 2005 Act amended the National Health Service (Scotland) Act 1978 to make provision for pharmaceutical care services in place of the current provision made for pharmaceutical services.

Article 2 of this Order provides for the modifications of the primary and secondary legislation specified in the Schedule in consequence of these provisions of the 2005 Act. The effect of the modifications is to provide for references in legislation extending to England and Wales and Northern Ireland to the new listing arrangements and pharmaceutical care services provisions made by the 2005 Act, and to remove references to the previous pharmaceutical services provisions.