SCHEDULES
SCHEDULE 1E+W
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SCHEDULE 2U.K.
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[SCHEDULE 2AE+W Section 31 arrangements: transfer of staff]
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Section 60.
SCHEDULE 3U.K. Regulation of health care and associated professions
Matters generally within the scope of the OrdersU.K.
1U.K.An Order may make provision, in relation to any profession, for any of the following matters (among others)—
(a)the establishment and continuance of a regulatory body,
(b)keeping a register of members admitted to practice,
(c)education and training before and after admission to practice,
(d)privileges of members admitted to practice,
(e)standards of conduct and performance,
(f)discipline and fitness to practise,
(g)investigation and enforcement by or on behalf of the regulatory body,
(h)appeals,
(j)default powers exercisable by a person other than the regulatory body.
Manner of exercise of powerU.K.
2(1)The power to make an Order may be exercised by amending or repealing any enactment (whether or not mentioned in section 60) or prerogative instrument and any other instrument or document.U.K.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3U.K.The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.
4U.K.The power may be exercised so as to make provision for the charging of fees.
5The power may be exercised so as to—
(a)confer functions (including power to pay grants) on Ministers of the Crown, the Scottish Ministers or the National Assembly for Wales, or
(b)modify their functions.
6U.K.The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.
Matters outside the scope of the OrdersU.K.
7(1)An Order may not abolish the regulatory body of any profession to which section 60(2)(a) applies, any regulatory body established by an Order as the successor to the Council for Professions Supplementary to Medicine or the United Kingdom Central Council for Nursing, Midwifery and Health Visiting or any other regulatory body established by an Order.
(2)An Order may not impose any requirement which would have the effect that a majority of the members of the regulatory body of any profession would be persons not included in the register of members admitted to practice.
(3)An Order may not provide for any function conferred on the Privy Council, in relation to any profession to which section 60(2)(a) applies, to be exercised by a different person.
[(4)An Order may not confer any additional powers of direction over the Council for the Regulation of Health Care Professionals.]
8(1)Where an enactment provides, in relation to any profession, for any function mentioned in sub-paragraph (2) to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers to exercise that function.
(2)The functions are—
(a)keeping the register of members admitted to practice,
(b)determining standards of education and training for admission to practice,
(c)giving advice about standards of conduct and performance,
(d)administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Preliminary procedure for making OrdersU.K.
9(1)If it is proposed to lay a draft of an Order before Parliament, the Secretary of State must first—
(a)publish a draft of an Order, and
(b)invite representations to be made to him about the draft by persons appearing to him appropriate to represent the profession to be regulated, persons appearing to him appropriate to represent those provided with services by the profession and any other persons appearing to him appropriate to consult about the draft.
(2)After the end of the period of three months beginning with the publication of the draft, he may lay the draft as published, or that draft with any modifications he considers appropriate, together with a report about the consultation before Parliament.
(3)If any provision of a draft would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament—
(a)the Secretary of State’s duty under sub-paragraph (1) must be performed also by the Scottish Ministers, and
(b)sub-paragraph (4) shall apply instead of sub-paragraph (2).
(4)After the end of the period of three months beginning with the publication of the draft, the draft as published, or that draft with any modifications which the Secretary of State and the Scottish Ministers consider appropriate, may be laid before Parliament and the Scottish Parliament together with a report made by the Secretary of State and the Scottish Ministers about the consultation.
Interpretation and applicationU.K.
10In this Schedule—
“Order” means an Order in Council under section 60,
“regulatory body”, in relation to any profession, means the body (or main body) responsible for the regulation of the profession,
and other expressions used in this Schedule and in the 1977 Act have the same meaning in this Schedule as in that Act.
11(1)The powers conferred by section 60 may be exercised so as to regulate a profession which is not regulated by any enactment (whether established before or after the passing of this Act).
(2)References to regulation, in relation to a profession, in that section and this Schedule include—
(a)the regulation of persons seeking admission to practice or who were, but are no longer, allowed to practise as members of the profession,
(b)the regulation of activities carried on by persons who are not members of the profession but which are carried on in connection with the practice of the profession,
(c)in the case of the profession of medical practitioner, the regulation of the qualifications or experience required for a medical practitioner to [perform primary medical services under Part 1 of] the 1977 Act,
(d)in the case of the profession of dental practitioner, the regulation of the qualifications or experience required for a dental practitioner to [perform primary dental services under Part 1 of] the 1977 Act.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Modifications etc. (not altering text)
Commencement Information
12(1)The powers conferred by section 60 extend to the regulation of—U.K.
(a)the profession regulated by the Pharmacy (Northern Ireland) Order 1976, and
(b)activities carried on by persons who are not members of that profession but which are carried on in connection with the practice of that profession,
only in relation to the matters dealt with in sections 80 to 83 of the Medicines Act 1968.
(2)But an Order may not provide for any function conferred by any of those sections on the Statutory Committee to be exercised, in relation to Northern Ireland, otherwise than by the committee appointed under Article 19 of the Pharmacy (Northern Ireland) Order 1976.
Section 65.
SCHEDULE 4U.K. Amendments of enactments
Modifications etc. (not altering text)
Public Bodies (Admission to Meetings) Act 1960 (c. 67)U.K.
1U.K.In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (g) of paragraph 1 there is inserted—
“(gg)Primary Care Trusts”.
National Health Service Act 1966 (c. 8)U.K.
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Health Services and Public Health Act 1968 (c. 46)U.K.
3U.K.In section 63 of the Health Services and Public Health Act 1968 (instruction of Health Authority employees and others)—
(a)in subsection (1)(a), for “or Special Health Authority or a Health Board” there is substituted “ Special Health Authority, Health Board or Primary Care Trust ”,
(b)in subsection (5A), for “or Special Health Authority” in both places there is substituted “ Special Health Authority or Primary Care Trust ”,
(c)in subsection (5B), after “Special Health Authorities” there is inserted—
“(bb)Primary Care Trusts”.
The 1977 ActU.K.
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33(1)Section 98 (accounts and audit) is amended as follows.U.K.
(2)In subsection (1)—
(a)after paragraph (b) there is inserted—
“(bb)every Primary Care Trust”,
(b)in paragraph (dd), after “1990” there is inserted—
“(ddd)any trustees for a Primary Care Trust appointed in pursuance of section 96B above”.
(3)Before subsection (2A) there is inserted—
“(2AA)Every Primary Care Trust shall send a copy of any accounts it has prepared under subsection (2) above to the Health Authority within whose area the trust’s area falls.”
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The 1978 ActU.K.
42U.K.The 1978 Act is amended as follows.
43U.K.In section 9 (local consultative committees)—
(a)in subsection (5), for “on the provision of services under this Act” there is substituted “ and, where the Secretary of State so directs, an NHS trust on the provision of services under this Act or under a pilot scheme under section 1 of the National Health Service (Primary Care) Act 1997 ”,
(b)in subsection (7), after “Health Boards” there is inserted “ or, where the Secretary of State so directs, NHS trusts ” and for “may be prescribed” there is substituted “ the Secretary of State may direct ”.
Commencement Information
Marginal Citations
44U.K.In section 10(4) (Common Services Agency)—
(a)after “Health Boards” in the first place where it appears there is inserted “ the NHS trusts ”,
(b)after “Health Boards” in the second place where it appears there is inserted “ or of the NHS trusts ”,
(c)after “Health Boards” in the third place where it appears there is inserted “ or NHS trusts ”.
45U.K.In section 12A(5) (NHS trusts)—
(a)in paragraph (a), for “and directors” there is substituted “ , directors and trustees ”,
(b)in paragraph (b), after “directors” there is inserted “ , trustees, ”,
(c)in paragraph (c), after “directors” there is inserted “ and trustees ”,
(d)in paragraph (d), for the words from “director” where it first appears to the end of the paragraph there is substituted “ trustee, to be regarded as an executive director rather than as a trustee ”.
46U.K.In section 17A (NHS contracts)—
(a)in subsection (2)—
(i)after paragraph (a) there is inserted—
“(aa)Special Health Boards”,
(ii)after paragraph (k) there is inserted—
“(ka)Primary Care Trusts established under section 16A of the National Health Service Act 1977”,
(iii)paragraphs (d) and (j) are omitted,
(b)in subsection (3), paragraph (a) and the word “and” following it are omitted.
47U.K.In section 17E (personal medical and dental services: regulations), subsection (4) is omitted.
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50U.K.Section 32 (regulations as to sections 29 to 31) is renumbered as subsection (1) of that section and—
(a)in paragraph (c) after “disqualification” in both places where it occurs there is inserted “ or condition ”,
(b)after that subsection there is inserted—
“(2)Regulations under subsection (1)(a) may in particular provide that, where (apart from the regulations) it would be the duty of the Tribunal to inquire into both an efficiency case and a fraud case in respect of the same person, they may inquire into one case before inquiring into the other and, after proceedings in the first case are finally disposed of, may if they think it appropriate adjourn the other case indefinitely.”
51U.K.In section 32A (applications for interim suspension)—
(a)after subsection (1) there is inserted—
“(1A)A Health Board may, if they have requested a review of a conditional disqualification on the ground mentioned in section 30(3)(b) or (c), at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) in relation to the person to whom the review relates.”,
(b)in subsection (2), for the words from “it” to “patients” there is substituted “ either of the conditions for doing so is satisfied ” and after “in question” there is inserted “ or the case to which the review in question ”,
(c)after that subsection there is inserted—
“(2A)The conditions for giving such a direction are—
(a)that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part to which the case in question, or the case to which the review in question, relates;
(b)in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that—
(i)an act or omission within section 29(7)(a) will occur; or
(ii)the investigation of the case or the review will be prejudiced.”,
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)in subsection (4), after “case” there is inserted “ or review ”,
(f)subsection (5) is omitted’
(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information
52U.K.In section 32B (continuation of suspension pending appeal)—
(a)for subsection (1) and the preceding sidenote there is substituted—
“32B Suspension pending appeal.
(1)Where, on disposing of a case under section 29B, the Tribunal make a national disqualification, they may, if they consider that either of the conditions mentioned in section 32A(2A) is satisfied, direct that section 32A(3) shall apply or, if a direction has been given under section 32A(2), shall continue to apply to him as respects services of the kind to which the disqualification relates.”,
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)subsection (4) is omitted.
Textual Amendments
Commencement Information
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54U.K.After section 35 there is inserted—
“35A Interpretation of Part II.
Where, under a direction by the Secretary of State, a Health Board has delegated any of its functions to an NHS trust, any reference in this Part to a Health Board in relation to such a delegated function shall, unless the context otherwise requires, include a reference to an NHS trust.”
55U.K.In section 85A (financial duties of certain bodies)—
(a)in subsection (1), before “85(1)” in both places where it occurs there is inserted “ 85AA(1) or ” and for “85(2)(a)” there is substituted “ 85AA(3) ”,
(b)in subsection (2), for “Subsection (3) of section 85” there is substituted “ Subsection (9) of section 85AA ”,
(c)in subsection (3), before “85(1)” there is inserted “ 85AA(1) or ”,
(d)in subsection (6), in paragraph (c) before “85(1)” there is inserted “ 85AA(1) ” and for “85(2)(a)” there is substituted “ 85AA(3) ”.
56U.K.In section 85B(2) (bodies in respect of which schemes for meeting losses and liabilities may be made)—
(a)the “and” after paragraph (c) is omitted,
(b)after paragraph (d) there is inserted “and
(e)Special Health Boards”.
57U.K.In section 86 (accounts of Health Boards and the Agency), subsections (1A), (1C) and (5) are omitted.
58U.K.Section 87D (indicative amounts for doctors’ practices) is omitted.
59U.K.In section 102 (state hospitals), for paragraph (b) of subsection (4) there is substituted—
“(b)A Health Board, a Special Health Board, the Agency or an NHS trust to the extent that power to do so is delegated to the Board, Agency or trust by the Secretary of State.”
60U.K.In section 105(7) (orders, regulations and directions), for “incidental or supplemental” there is substituted “ supplementary, incidental, consequential, transitory, transitional or saving ”.
61U.K.In section 108(1) (interpretation)—
(a)in the appropriate place there is inserted—
““goods” includes accommodation”,
(b)for the definition of “state hospital” there is substituted—
““state hospital” has the meaning indicated in section 102(2)”.
62U.K.In Schedule 7A (NHS trusts)—
(a)for any reference to a non-executive director or to non-executive directors there is substituted a reference to a trustee or, as the case may be, to trustees,
(b)in paragraph 16(c), the words from “which purposes shall include” to the end are omitted,
(c)in paragraph 22, in sub-paragraph (1), in paragraph (c) the words from “or is within” to the end of the paragraph, and “or Health Authority” are omitted,
(d)paragraph 23 is omitted.
63(1)Schedule 7B (financial provisions relating to NHS trusts) is amended as follows.U.K.
(2)In paragraph 6 (surplus funds)—
(a)for “amount standing in the reserves of an NHS trust” there is substituted “ sum held by an NHS trust other than a sum held on trust under section 12G ”,
(b)for “that amount” there is substituted “ that sum ”.
(3)For paragraph 7 of that Schedule (investment) there is substituted—
“7 An NHS trust shall have power to invest money held by it in any investments, including investments which do not produce income, specified in directions made by the Secretary of State with the consent of the Treasury; but nothing in this paragraph applies in relation to money held on trust under section 12G.”
(4)After that paragraph there is inserted—
“8Any direction with respect to—
(a)the power conferred on an NHS trust by paragraph 1; or
(b)the maximum amount which an NHS trust may invest in any investment or class of investment,
may be given only with the consent of the Treasury.”
64U.K.In Schedule 8 (the Tribunal), in paragraph 8—
(a)in sub-paragraph (2)(a), for “section 29” there is substituted “ sections 29 to 29C ”,
(b)in sub-paragraph (2)(b), after “disqualification” there is inserted “ conditional disqualification or declaration of unfitness ”,
(c)in sub-paragraph (2)(d), for the words from “the application” to the end there is substituted “ section 32A(3) may be made to apply or continue to apply ”.
Mental Health Act 1983 (c. 20)U.K.
65U.K.The Mental Health Act 1983 is amended as follows.
66U.K.In section 122(1) (provision of pocket money for in-patients in hospital), “special hospitals or other hospitals being” is omitted.
67U.K.In section 123 (transfers to and from special hospitals)—
(a)in subsection (1), “in a special hospital” is omitted, after “above)” there is inserted “ in a hospital at which high security psychiatric services are provided ” and for “other special hospital” there is substituted “ other hospital at which those services are provided ”,
(b)in subsection (2), for “which is not a special hospital” there is substituted “ at which those services are not provided ”.
68U.K.In section 134 (correspondence of patients)—
(a)in subsection (1)(b), for “a special hospital” there is substituted “ one at which high security psychiatric services are provided ”,
(b)in subsection (2), for “in a special hospital under this Act” there is substituted “ under this Act in a hospital at which high security psychiatric services are provided ”.
69(1)Section 145 (interpretation) is amended as follows.U.K.
(2)In subsection (1)—
(a)after the definition of “Health Authority” there is inserted—
““high security psychiatric services” has the same meaning as in the National Health Service Act 1977,”,
(b)the definition of “special hospital” is omitted.
(3)After that subsection there is inserted—
“(1AA)Where high security psychiatric services and other services are provided at a hospital, the part of the hospital at which high security psychiatric services are provided and the other part shall be treated as separate hospitals for the purposes of this Act.”
Commencement Information
Marginal Citations
Mental Health (Scotland) Act 1984 (c. 36)U.K.
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Hospital Complaints Procedure Act 1985 (c. 42)U.K.
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Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)U.K.
72U.K.The Health Service Joint Consultative Committees (Access to Information) Act 1986 is to cease to have effect.
Income and Corporation Taxes Act 1988 (c. 1)U.K.
73In section 519A(2) of the Income and Corporation Taxes Act 1988 (health service bodies), after paragraph (aa) there is inserted—
“(ab)a Primary Care Trust”.
The 1990 ActU.K.
74U.K.The 1990 Act is amended as follows.
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Prospective
80U.K.Section 18 (indicative amounts for doctors’ practices) is omitted.
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82U.K.In section 61(3) (health service bodies: taxation), after “1991” there is inserted “ or to a Primary Care Trust ”.
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Health Service Commissioners Act 1993 (c. 46)U.K.
85(1)The Health Service Commissioners Act 1993 is amended as follows.U.K.
(2)In section 2 (bodies subject to investigation)—
(a)in subsection (1), after paragraph (d) there is inserted—
“(da)Primary Care Trusts established for areas in England”,
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(3)In section 3 (general remit of Commissioners), subsection (1B) is omitted.
(4)In section 19 (interpretation), the definitions of “allotted sum” and “recognised fund-holding practice” are omitted.
Textual Amendments
Commencement Information
Value Added Tax Act 1994 (c. 23)U.K.
86U.K.In section 41(7) (application to Crown), after “1978” there is inserted “ and a Primary Care Trust ”.
National Health Service (Residual Liabilities) Act 1996 (c. 15)U.K.
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National Health Service (Primary Care) Act 1997 (c. 46)U.K.
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National Health Service (Private Finance) Act 1997 (c. 56)U.K.
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Audit Commission Act 1998 (c. 18)U.K.
90U.K.In section 5 of the Audit Commission Act 1998 (general duties of auditors), in subsection (1)(a), for “(2B) (NHS trusts) or (2B) (fund-holding practices)” substitute “ or (2B) ”.
Section 65.
SCHEDULE 5U.K. Repeals
Chapter | Short title | Extent of repeal |
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1960 c. 66. | The Professions Supplementary to Medicine Act 1960. | The whole Act. |
1966 c. 8. | The National Health Service Act 1966. | Section 10. |
1973 c. 65. | The Local Government (Scotland) Act 1973. | In section 97, in paragraph (a) of subsection (2), sub-paragraph (iii), subsection (2A) and in subsection (2B) the definitions of “recognised fund-holding practice” and “allotted sum”. |
1977 c. 49. | The National Health Service Act 1977. | In section 8(4), the “or” after paragraph (b). |
| | Section 12(1). |
| | Section 13. |
| | Section 15(1B) to (1D). |
| | Section 22(2) to (6). |
| | In section 27(3), the words following “appropriate”. |
| | Section 28A(4) and (8)(a). |
| | Section 28E(4). |
| | In section 44(1), paragraphs (a) and (b) and “the Local Medical Committee, the Local Dental Committee”. |
| | In section 45(2), “(including travelling and subsistence allowances payable to its members)”. |
| | In section 49A, subsection (5) and, in subsection (6)(a), “prepared under this Part of this Act”. |
| | Section 49B(4). |
| | Section 65(3). |
| | In section 86(b), the words following “accordingly”. |
| | In section 91(4), “to a trust for a special hospital, or”. |
| | In section 96A(5)(b), “on behalf”. |
| | In section 97, subsection (2), in subsection (6), “or” after paragraph (b), and subsection (7). |
| | Section 97A(5). |
| | In section 98, the subsection numbered (2B) which was inserted by section 20(2)(b) of the 1990 Act. |
| | In section 99(3), the words following paragraph (b). |
| | In section 122(2), “as a simple contract debt”. |
| | In section 128(1), the definitions of “fund-holding practice” and “special hospital”. |
| | In Schedule 5, in paragraph 10(3), the words following paragraph (c). |
| | In Schedule 15, paragraph 37. |
1978 c. 29. | The National Health Service (Scotland) Act 1978. | Section 12E(5) and (6). |
| | In section 17A, subsection (2)(d) and (j) and, in subsection (3), paragraph (a) and “and” following it. |
| | Section 17E(4). |
| | In section 32A, subsection (5) . . . |
| | Section 32B(4). |
| | Section 86(1A), (1C) and (5). |
| | Sections 87A to 87D. |
| | In Schedule 7A, paragraph 6(2), in paragraph 16(c) the words from “which purposes shall include” to the end, in paragraph 22(1), “or Health Authority” and, in paragraph (c), the words following “Health Board” and paragraph 23. |
| | In Schedule 7B, paragraphs 1(3) to (5), 3(2) and 5(2). |
| | In Schedule 16, paragraph 22. |
1983 c. 20. | The Mental Health Act 1983. | In section 122(1), “special hospitals or other hospitals being”. |
| | In section 123(1), “in a special hospital”. |
| | In section 145(1), in the definition of “the managers”, paragraph (b), and the definition of “special hospital”. |
1985 c. 42. | The Hospital Complaints Procedure Act 1985. | In section 1, in subsection (1), the words from “under” to “functions)” and “for the management of” and, in subsection (1A), “for the management of”. |
1986 c. 24. | The Health Service Joint Consultative Committees (Access to Information) Act 1986. | The whole Act. |
1990 c. 19. | The National Health Service and Community Care Act 1990. | In section 4, subsection (2)(f), in subsection (6), the words following “with;” and, in subsection (7), the words following “dispute;”. |
| | In section 5(1), “or, as the case may be, subsection (3)”. |
| | In section 8(1), the words from “as, in his opinion” to the end. |
| | Section 9(5) and (6). |
| | Sections 14 to 18. |
| | Section 20(2)(b). |
| | Sections 34 and 35. |
| | Section 62. |
| | In Schedule 2, in paragraph 6, in sub-paragraph (1), the words following “Schedule” and sub-paragraph (2) and paragraphs 19 and 20. |
| | In Schedule 3, paragraphs 1(3) to (5), 3(3) and 5(2). |
| | In Schedule 7, paragraph 14(3). |
1993 c. 46. | The Health Service Commissioners Act 1993. | Section 3(1B). |
| | In section 15, subsection (1A) and, in subsection (1B), the words following “patients”. |
| | In section 19, the definitions of “allotted sum” and “recognised fund-holding practice”. |
1995 c. 17. | The Health Authorities Act 1995. | In Schedule 1, paragraphs 3(a), 4, 6(c) and (d), 34, 50(c), 58(b), 72 to 77 and 85(d). |
| | In Schedule 2, paragraph 13(5). |
1995 c. 31. | The National Health Service (Amendment) Act 1995. | Section 1. |
| | Section 2(2). |
| | Section 3. |
| | Sections 7 and 9. |
1996 c. 5. | The Health Service Commissioners (Amendment) Act 1996. | In Schedule 1, paragraph 6(2) and (7). |
1997 c. 24. | The Nurses, Midwives and Health Visitors Act 1997. | The whole Act. |
1997 c. 46. | The National Health Service (Primary Care) Act 1997. | Section 14. |
| | Section 19. |
| | In Schedule 2, paragraphs 4(3) and (4), 53 to 55, 65(3) to (10), 69, 71(4), 77 and 78. |
1998 c. 18. | The Audit Commission Act 1998. | Section 6(3). |
| | In section 53(1), the definitions of “allotted sum” and “recognised fund-holding practice” and, in the definition of “health service body”, paragraph (b) and “or” preceding it. |
| | In section 53(3), paragraph (b) and “and” preceding it. |
| | In Schedule 2, paragraph 3. |
The repeal of section 97(2) of the 1977 Act has effect for the financial year 1999-2000 and subsequent financial years.