National Health Service Act 1977

Supplementary U.K.

126 Orders and regulations, and directions. E+W+S

(1) Any power to make orders [F1 , rules] or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall [F2 , unless it is a PCT order,] be subject to annulment in pursuance of a resolution of either House of Parliament.

This subsection—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) does not apply to [F4 an order made under section 28EE(2) [F5 or section 84A]above, paragraph 20, 21 or 23 of Schedule 5A to this Act or to] paragraph 10 of Schedule 11 to this Act.

(2) Any power to make regulations conferred on the Secretary of State by this Act [F6 or Part I of the National Health Service and Community Care Act 1990] is, if the Treasury so directs, exercisable by the Treasury and the Secretary of state acting jointly, except in the case of—

(a) regulations made under section 32 above;

(b) regulations made under section 77(1) above in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraphs 1(1) of Schedule 12 to this Act [F6 or Part I of the National Health Service and Community Care Act 1990] in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;

(c) regulations made under paragraph 2(2) of that Schedule;

(d) regulations made under paragraph 2(6) of that Schedule.

(3) Where under [F7 or by virtue of] any provision of this Act [F6 or Part I of the National Health Service and Community Care Act 1990]—

(a) power to make an order may be exercisable, or

(b) directions may be given,

that provision includes power to vary or revoke the order or direction, as the case may be, by subsequent order or by subsequent directions.

[F8 (3A) Directions given by the Secretary of State [F9 or by a Health Authority] in pursuance of any provision of this Act or Part I of the M1 National Health Service and Community Care Act 1990 shall be given by an instrument in writing.

(3B) In relation to directions given in pursuance of sections [F10 16D to 17B] above section 18 above applies in place of subsections (3) and (3A) above.]

[F11 (3C) Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the M2 National Health Service and Community Care Act 1990 shall comply with the directions.]

(4) Any power conferred by this Act [F6 or Part I of the National Health Service and Community Care Act 1990] to make orders [F12 rules], regulations or schemes, and any power conferred by section 18 above to give directions by an instrument in writing, may unless the contrary intention appears, be exercised—

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act [F6 or Part I of the National Health Service and Community Care Act 1990] or that section,

(iii) any such provision either unconditionally, or subject to any specified condition,

and includes power to make such [F13 supplementary, incidental, consequential, transitory, transitional or saving] provision in the orders [F12 rules], regulations, schemes or directions as the persons making or giving them consider appropriate.

This subsection does not only apply to regulations made under section 32 above (but without prejudice to subsection (3) of that section) or to an order made under section 57 above (but without prejudice to paragraph 1(1) of Schedule 11 to this Act [F6 or Part I of the National Health Service and Community Care Act 1990] ).

[F14 (5) Without prejudice to the generality of subsection (4) above, any power which may be exercised as mentioned in paragraphs (a) and (b) of that subsection [F15 (other than a power to make rules)] may make different provision for different areas.]

Textual Amendments

F1 Word in s. 126(1) inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and otherwiseprosp. by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 5(13)(a) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II)

F2 Words in s. 126(1) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F3 S. 126(1)(a) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 5 (with Sch. 2 para. 6)

F4 Words in s. 126(1)(b) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(2)(b); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F5 Words in s. 126(1) inserted (1.8.2001 for E. and otherwiseprosp.) by 2001 c. 15, ss. 13(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/2804 art. 2(1)(a)

F6 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)

F7 Words in s. 126(3) inserted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 para. 27; S.I. 1997/1780, art. 2(1), Sch.

F8 S. 126(3A)(3B) substituted (28.6.1995 for certain purposes and otherwise 1.4.1996) for the second sentence of (3) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 57 (with Sch. 2 para. 6)

F9 Words in s. 126(3A) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(3); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F10 Words in s. 126(3B) substituted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(4); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F11 S. 126(3C) inserted (1.9.1999 for E. and 1.11.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 37(5); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

F12 Words in s. 126(4) inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and otherwiseprosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 5(13)(b) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II)

F13 Words in s. 126(4) substituted (1.9.1999 for E. and 1.11.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 37(6); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1

F14 S. 126(5) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)

F15 Words in s. 126(5) inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and otherwiseprosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 5(13)(d) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II)

Modifications etc. (not altering text)

C1 S. 126 applied (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1968 c. 46, s. 63(5A) (as inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 95(2)(c) (with Sch. 2 para. 6)

C2 S. 126(4)(5) extended (28.6.1995) by 1995 c. 17, s. 6(6) (with Sch. 2 para. 6)

C3 S. 126(4) extended by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 28(3)

Marginal Citations

M1 1990 c. 19.

M2 S.I. 1990 c.19.

127 Supplementary regulatory powers. E+W+S

Regulations may provide for all or any of the following matters—

(a) for prescribing the forms and manner of service of notices and other documents;

(b) for prescribing the manner in which documents may be executed or proved;

(c) for prescribing the manner in which resolutions of any bodies (except the Public Health Laboratory Service Board) continued in being by this Act are to be proved;

(d) for exempting judges and justices of the peace from disqualification by their liability to rates.

128 Interpretation and construction. E+W+S

(1) In this Act [F16 and Part I of the National Health Service and Community Care Act 1990], unless the contrary intention appears—

• F17 . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

• [F20 “dental corporation” has the meaning given by section 35(5);]

• “dental practitioner” means a person registered in the dentists register under the M3 Dentists Act [F21 1984];

• [F22 “disabled persons” means persons who are blind, deaf or dumb or who suffer from mental disorder of any description and other persons who are substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed;]

• [F23 “dispensing optician” means a person who is registered in the register kept under section 2 of the M4 Opticians Act 1958 of dispensing opticians or a body corporate enrolled in the list kept under section 4 of that Act of such bodies carrying on business as dispensing opticians;]

• “equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle;

• [F24 “the FHSAA” means the Family Health Services Appeal Authority;]

• “functions” included powers and duties;

• F25 . . .

• F17 . . .

• “the health service” means the health service established in pursuance of [F26 section 1 of the M5 National Health Service Act 1946 and continued under] section 1(1) above;

• [F27 “health service body” has the same meaning as in section 4 of the M6 National Health Service and Community Care Act 1990;]

• “health service hospital” means a hospital vested in the Secretary of State [F28 for the purposes of his functions] under this Act [F29 or vested in [F30 a Primary Care Trust or] an NHS trust];

• [F31 “high security psychiatric services” has the meaning given by section 4 above]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

• “hospital” means—

(a) any institution for the reception and treatment of persons suffering from illness,

(b) any maternity home, and

(c) any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,

and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and hospital accommodation shall be construed accordingly;

• “illness” includes mental disorder within the meaning of [F32 the M7 Mental Health Act 1983] and any injury or disability requiring medical or dental treatment or nursing;

• “local authority” means a county council, . . . F33 a district council, [F34 a county borough council,] a London borough council, and the Common Council of the City of London; F35 . . .

• “local education authority” has the same meaning as in the [F36 the Education Act 1996];

• “local social services authority” means the council of a non-metropolitan county, [F37 of a county borough]or of a metropolitan district or London borough, or the Common Council of the City of London;

• “medical” includes surgical;

• [F27 “medical list” has the meaning given by section 29A(6);]

• [F38 “medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the M8 Interpretation Act 1978]

• “medicine” includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 above;

• “modifications” includes additions, omissions and amendments;

• [F39 “NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990;

• “National Health Service trust” has the meaning assigned by section 5 of the National Health Service and Community Care Act 1990 and “NHS trust” shall be construed accordingly]

• “officer” includes servant;

• [F40 “operational date”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 2 to the National Health Service and Community Care Act 1990]

• “ophthalmic optician” means a person registered in either of the registers kept under [F41 section 7 of the Opticians Act 1989] of ophthalmic opticians or a body corporate enrolled in the list kept under [F42 section 9] of that Act of such bodies carrying on business as ophthalmic opticians;

• “patient” includes an expectant or nursing mother and a lying-in woman;

• [F27 “personal dental services” has the meaning given in section 28C(7);]

• [F27 “personal medical services” (except in section 29) has the meaning given in section 28C(7);]

• [F43 “pharmaceutical services” has the meaning assigned by section 41 of this Act]

• “prescribed” means prescribed by regulations made by the Secretary of State under this Act [F44 or Part I of the National Health Service and Community Care Act 1990;]

• [F45 “PCT order” has the meaning given by section 16A above]

• [F46 “primary functions” shall be construed in accordance with section 3 of the National Health Service and Community Care Act 1990]

• “property” includes rights; . . . F19

• “registered pharmacist” means a pharmacist registered in the register of pharmaceutical chemists;

• “regulations” means regulations made by the Secretary of State under this Act [F47 or Part I of the National Health Service and Community Care Act 1990];

• F48 . . .

• “superannuation benefits” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;

• [F49 “terms of service” means the terms upon which by virtue of regulations a person undertakes to provide general medical services, general dental services, general ophthalmic services or pharmaceutical services.]

• “university” includes a university college;

• [F50 “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority;]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

[F51 (1A) So far as is necessary or expedient in consequence of a direction under section 16D or 17A above providing for the exercise by a Health Authority, Special Health Authority or Primary Care Trust of a function exercisable by another person, any reference in any enactment, instrument or other document to that other person is to be read as a reference to the Health Authority, Special Health Authority or Primary Care Trust.]

(2) References in this Act to the purposes of a hospital shall be construed as referring both to the general purposes of the hospital and to any specific purpose of the hospital.

(3) Any reference in this Act to any enactment is a reference to it as amended or applied by or under any other enactment including this Act.

Textual Amendments

F16 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)

F17 Definitions of “District Health Authority” and “health authority” in s. 128(1) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)

F18 Definition repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 2, para. 10, Sch. 7

F19 Definition repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 7, para. 28, Sch. 8

F20 S. 128(1): Definition of "dental corporation" inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 22(5), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2, Sch. Pt. 1

F21 Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 9

F22 Definition inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29(1), Sch. 9 Pt. I para. 22

F23 Definition repealed (prosp.) by Health and Social Security Act 1984 (c. 48, SIF 113:3), ss. 24, 27(1), Sch. 8 Pt. I

F24 S. 128(1): Definition of "the FHSAA" inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 27(3), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3(1), Sch. Pt. II (subject to art. 3(2))

F25 Definition of “fund-holding practice” in s. 128(1) repealed (1.10.1999 for E. and otherwise 1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 1999/2540, art. 2(1), Sch. 1; S.I. 2000/1041, art. 2(d), Sch.

F26 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(c)

F27 Definitions in s. 128(1) inserted (1.4.1998 for specified purposes and otherwise 10.12.1998) by 1997 c. 46, s. 41(10), Sch. 2 para. 28; S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5); S.I. 1998/2840, art. 2(3), Sch. (with art. 3)

F28 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(d)

F29 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(c)

F30 Words in the definition of “health service hospital” in s. 128(1) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F31 Definition of “high security psychiatric services” in s. 128(1) inserted (1.4.2000) by 1999 c. 8, s. 65, Sch. 4 para. 38(2)(b); S.I. 1999/2793, art. 2(3)(a), Sch. 3

F32 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(d)

F33 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102(2), Sch. 17

F34 Words in the definition of “local authority” in s. 128(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(3)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F35 Words in the definition of “local authority” in s. 128(1) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)

F36 Words in the definition of “local education authority” in s. 128(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(1), Sch. 37 para. 45 (with s. 1(4), Sch. 39)

F37 Words in the definition of “local social services authority” in s. 128(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(3)(b) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F38 Definition substituted by Medical Act 1983 (c. 45, SIF 83:1), s. 56(1), Sch. 5 para. 16(b)

F39 Definitions inserted (the insertion not being in force until 1.4.1991 so far as it relates to the definition of “NHS contract”) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(d)

F40 Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(e)

F41 Words substituted by Opticians Act 1989 (c. 44, SIF 83:1), s. 37(1)(a)

F42 Words substituted by Opticians Act 1989 (c. 44, SIF 83:1), s. 37(1)(b)

F43 Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(f)

F44 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(g)

F45 Definition of “PCT order” in s. 128(1) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(2)(c); S.I. 1999/2342, art. 2(3)(a), Sch. 2

F46 Definition inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(h)

F47 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(i)

F48 Definition of “special hospital” in s. 128(1) repealed (1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 1999/2793, art. 2(3)(a), Sch. 3

F49 S. 128(1): Definition of “terms of service” inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes and 1.2.2003 for E. in so far as not already in force by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 1 para. 5(14) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2003/53, art. 4(d)

F50 Definition substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(e)

F51 S. 128(1A) inserted (1.9.1999 for E. for specified purposes, 1.12.1999 for W. for specified purposes, 4.1.2000 for E. for other specified purposes and otherwise prosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(3); S.I. 1999/2342, art. 2(1)(3)(a), Schs. 1, 2; S.I. 1999/3184, art. 2(2), Sch. 2

Marginal Citations

M3 1984 c. 24(83:1).

M4 1958 c. 32(83:1).

M5 1946 c. 81.

M6 1990 c. 19.

M7 1983 c. 20(85).

M8 1978 c. 30(115:1).

129 Transitional provisions and savings, consequential amendments, and repeals. U.K.

Schedule 14 to this Act is hereby given effect, and subject to the transitional provisions and savings contained in that Schedule—

(a) the enactments and the Order specified in Schedule 15 to this Act have effect subject to the amendments (being amendments consequent on this Act) specified in that Schedule, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

but nothing in this Act shall be taken as prejudicing the operation of [F53 sections 16(1) and 17(2)(a) of the M9 Interpretation Act 1978] (which relates to the operation of repeals).

Textual Amendments

F52 S. 129(b) repeals enactments specified in Sch. 16

F53 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 25(2)

Marginal Citations

M9 1978 c. 30(115:1).

130 Short title, extent and commencement. U.K.

(1) This Act may be cited as the National Health Service Act 1977.

(2) This Act does not extend to Scotland, except as is mentioned in paragraph 3 of Schedule 11 to this Act.

(3) The following provisions only of this Act apply to Northern Ireland—

(a) this subsection and subsections (1) above and (5) below;

(b) section 57 above and Schedule 11 to this Act;

F54 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) paragraph 13 of Schedule 14 to this Act so far as it relates to any enactment which extends to Northern Ireland;

(e) paragraph (a) of section 129 above and Schedule 15 to this Act so far as they amend any enactment and order which extends to Northern Ireland;

(f) paragraph (b) of section 129 and Schedule 16 to this Act so far as they repeal any enactment which extends to Northern Ireland.

(4) The Secretary of State may by order provide that this Act shall extend to the Isles of Scilly with such modifications, if any, as are specified in the order, and except as provided in pursuance of this subsection this Act does not extend to the Isles of Scilly.

The Secretary of State may by any such order amend or repeal any provisions contained in the Isles of Scilly Orders 1927 to 1943.

(5) This Act shall come into force on the expiry of the period of one month beginning on the date of its passing.

Textual Amendments

F54 S. 130(3)(c) repealed (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 3

Modifications etc. (not altering text)

C4 S. 130(4) extended by Mental Health Act 1983 (c. 20, SIF 85), s. 149(4)