Textual Amendments
F1S. 19 repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In section 98 of the principal Act (accounts and audit),—
(a)in subsection (1), in the words following paragraph (e) for the words from “appointed” to “Comptroller” there shall be substituted “appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales and the Comptroller”;
[F3(b)after subsection (2A) of that section there shall be inserted the following subsection—
“(2B)So far as relates to allotted sums paid to the members of a fund-holding practice—
(a)accounts shall be kept in such form as the Secretary of State may with the approval of the Treasury direct;
(b)the Comptroller and Auditor General may examine the accounts and the records relating to them and any report of the auditor on them;
(c)in respect of each financial year, annual accounts in such form as the Secretary of State may with the approval of the Treasury direct shall be prepared and submitted to the relevant Family Health Services Authority; and
(d)in respect of each financial year, each Family Health Services Authority shall prepare, in such form as the Secretary of State may with the approval of the Treasury direct, and include in its own accounts, a summarised version of the accounts submitted to the Authority under paragraph (c) above.”;]
F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 20(1)(3)-(8) repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5
F3S. 20(2)(b) repealed (1.10.1999 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65(2), Sch. 4 para. 83(6), Sch. 5; S.I. 1999/2540, art. 2(1)(a), Sch. 1
F4S. 20(2)(c)(d) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), SCh. 3 (with Sch. 2 para. 6)
(1)The Secretary of State may by regulations made with the consent of the Treasury establish a scheme whereby any of the bodies specified in subsection (2) below may make provision to meet—
(a)expenses arising from any loss of or damage to their property; and
(b)liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies concerned.
(2)The bodies referred to in subsection (1) above are—
[F5(a)Health Authorities;
(aa)Special Health Authorities;]
(b)NHS trusts; and
(c)the Public Health Laboratory Service Board;
but a scheme under this section may limit the class or description of bodies which are eligible to participate in it.
(3)Without prejudice to the generality of the power conferred by subsection (1) above, a scheme under this section may—
(a)provide for the scheme to be administered by the Secretary of State or by a [F6Health Authority, Special Health Authority] or NHS trust specified in the scheme;
(b)require any body which participates in the scheme to make payments in accordance with the scheme; and
(c)provide for the making of payments for the purposes of the scheme by the Secretary of State.
(4)Without prejudice to any other power of direction conferred on the Secretary of State,—
(a)if the Secretary of State so directs, a body which is eligible to participate in a scheme shall do so; and
(b)where a scheme provides for it to be administered by the Secretary of State, a [F6Health Authority, Special Health Authority] or NHS trust shall carry out such functions in connection with the administration of the scheme by the Secretary of State as he may direct.
(5)Neither the Secretary of State nor any [F6Health Authority, Special Health Authority] or NHS trust administering a scheme under this section shall, by virtue of their activities under the scheme, be regarded as carrying on insurance business for the purposes of the M1Insurance Companies Act 1982.
Textual Amendments
F5S. 21(2)(a)(aa) substituted (1.4.1996 subject to s. 8 of the amending Act) for s. 21(2)(a) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 79(a) (with Sch. 2 paras. 6, 16)
F6Words in s. 21(3)(a)(4)(b)(5) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 79(b) (with Sch. 2 paras. 6, 16)
Marginal Citations