National Health Service Reform and Health Care Professions Act 2002

Legislation Crest

National Health Service Reform and Health Care Professions Act 2002

2002 CHAPTER 17

An Act to amend the law about the national health service; to establish and make provision in connection with a Commission for Patient and Public Involvement in Health; to make provision in relation to arrangements for joint working between NHS bodies and the prison service, and between NHS bodies and local authorities in Wales; to make provision in connection with the regulation of health care professions; and for connected purposes.

[25th June 2002]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

Part 1 E+WNational Health Service, etc

NHS bodies and their functions: EnglandE+W

F11 English Health Authorities: change of nameE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

2 Primary Care TrustsE+W

F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Schedule 2 (which contains amendments of the 1977 Act and of other enactments to reallocate functions of Health Authorities to Primary Care Trusts and to make certain connected amendments) is to have effect.

Textual Amendments

Commencement Information

I1S. 2 wholly in force at 1.10.2002; s. 2 not in force at Royal Assent, see s. 42(3); s. 2 in force for certain purposes for E. at 2.9.2002 by S.I. 2002/2202, art. 3(b) and in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(a)

F33 Directions: distribution of functionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

4 Personal medical services, personal dental services and local pharmaceutical servicesE+W

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Schedule 3 (which contains amendments of the National Health Service (Primary Care) Act 1997 and of other enactments related to the provisions of this section and sections 1 to 3) is to have effect.

Textual Amendments

F4S. 4(1) repealed (1.4.2006 for E., 1.4.2006 for W. for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F65 Local Representative CommitteesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

NHS bodies and their functions: WalesE+W

F76 Local Health BoardsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Financial arrangements: England and WalesE+W

F77 Funding of Strategic Health Authorities and Health AuthoritiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Funding of Primary Care TrustsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Funding of Local Health BoardsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F710 Expenditure of NHS bodiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

QualityE+W

Prospective

F811 Duty of qualityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F812 Further functions of the Commission for Health ImprovementE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F813 Commission for Health Improvement: inspections and investigationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F814 Commission for Health Improvement: constitutionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Patient and public involvementE+W

F915 Establishment of Patients’ ForumsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F916 Additional functions of PCT Patients’ ForumsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F917 Entry and inspection of premisesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F918 Annual reportsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

19 SupplementaryE+W

F10(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2S. 19 partly in force; s. 19 in force for certain purposes at Royal Assent, see s. 42(3)

I3S. 19 in force at 1.9.2003 in so far as not already in force by S.I. 2003/2246, art. 2(a)

F1320 The Commission for Patient and Public Involvement in HealthE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1421 Overview and scrutiny committeesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

22 Abolition of Community Health Councils in EnglandE+W

F15(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The National Assembly for Wales has as respects Wales the same power under that paragraph as it would have if no such body had been established.

(5)The Secretary of State may by order make provision—

(a)as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,

(b)as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.

(6)The following fall within this subsection—

(a)the Secretary of State,

(b)[F16a Strategic Health Authority] ,

(c)a Special Health Authority,

(d)an NHS trust,

(e)a Primary Care Trust.

(7)Before exercising the power conferred by subsection (5)(b) the Secretary of State must consult the National Assembly for Wales.

F17(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4S. 22 partly in force; s. 22 in force for certain purposes at Royal Assent, see s. 42(3)

I5S. 22 in force at 1.12.2003 in so far as not already in force by S.I. 2003/3083, art. 2

Joint workingE+W

F1923 Joint working with the prison serviceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2024 Health and well-being strategies in WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 2U.K.Health Care Professions

[F21The Council for Healthcare Regulatory Excellence]U.K.

Textual Amendments

25 [F22The Council for Healthcare Regulatory Excellence]U.K.

(1)There shall be a body corporate known as [F23the Council for Healthcare Regulatory Excellence] (in this group of sections referred to as “the Council”).

(2)The general functions of the Council are—

(a)to promote the interests of [F24users of health care, users of social care in England, users of social work services in England] and other members of the public in relation to the performance of their functions by the bodies mentioned in subsection (3) (in this group of sections referred to as “regulatory bodies”), and by their committees and officers,

(b)to promote best practice in the performance of those functions,

(c)to formulate principles relating to good professional self-regulation, and to encourage regulatory bodies to conform to them, and

(d)to promote co-operation between regulatory bodies; and between them, or any of them, and other bodies performing corresponding functions.

[F25(2A)The main objective of the Council in exercising its functions under subsection (2)(b) to (d) is to promote the health, safety and well-being of [F26users of health care, users of social care in England, users of social work services in England] and other members of the public.]

(3)The bodies referred to in subsection (2)(a) are—

(a)the General Medical Council,

(b)the General Dental Council,

(c)the General Optical Council,

(d)the General Osteopathic Council,

(e)the General Chiropractic Council,

[F27(f)the General Pharmaceutical Council,]

(g)subject to section 26(6), the Pharmaceutical Society of Northern Ireland,

[F28(ga)the Nursing and Midwifery Council,

(gb)[F29the Health and Care Professions Council] , and]

[F30(j)any other regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act.]

[F31(3A)A reference in an enactment to a body mentioned in subsection (3) is not (unless there is express provision to the contrary) to be read as including a reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to—

(a)the social work profession in England, or

(b)social care workers in England.

(3B)For the purposes of subsection (3A)—

  • “enactment” means an enactment contained in—

    (a)

    an Act, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales (whether passed before or after the commencement of this subsection), or

    (b)

    subordinate legislation (within the meaning of the Interpretation Act 1978), an instrument made under an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation (whether made before or after that commencement), and

  • “the social work profession in England” and “social care workers in England” have the meaning given in section 60 of the 1999 Act.]

(4)Schedule 7 (which makes further provision about the Council) is to have effect.

(5)“This group of sections” means this section and sections [F3226] [F3225A] to 29, and includes Schedule 7.

(6)In this group of sections, references to regulation, in relation to a profession, are to be construed in accordance with paragraph 11(2) F33... of Schedule 3 to the 1999 Act.

Textual Amendments

F24Words in s. 25(2)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(1), 306(4); S.I. 2012/1319, art. 2(4)

F28S. 25(3)(ga)(gb) substituted (1.1.2009) for s. 25(3)(h)(i) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 10 para. 17(2); S.I. 2008/3244, art. 2(i)(xii)

F32Word in s. 25(5) substituted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 224(2), 306(1)(d)(4); S.I. 2015/409, art. 2

F33Words in s. 25(6) repealed (1.1.2009) by virtue of Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 10 para. 17(4), Sch. 15 Pt. 2; S.I. 2008/3244, art. 2(j)(i)(xii)

Commencement Information

I6S. 25 wholly in force at 1.4.2003; s. 25 not in force at Royal Assent, see s. 42(3); s. 25 in force for certain purposes at 27.8.2002 and for certain further purposes at 1.12.2002 and in force at 1.4.2003 insofar as not already in force by S.I. 2002/2202, art. 2

[F3425AFunding of the AuthorityU.K.

(1)The Privy Council must by regulations require each regulatory body to pay the Authority periodic fees of such amount as the Privy Council determines in respect of such of the Authority's functions in relation to that body as are specified in the regulations.

(2)A reference in this section to the Authority's functions does not include a reference to its functions under sections 25G to 25I and 26A.

(3)The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations.

(4)Before determining the amount of a fee under the regulations, the Privy Council must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations.

(5)The Authority must—

(a)comply with a request under subsection (4), but

(b)before doing so, consult the regulatory bodies.

(6)Having received a proposal under subsection (5), the Privy Council may consult the regulatory bodies.

(7)Having taken into account such representations as it receives from consultees, the Privy Council must—

(a)make a proposal as to the amount of funding that it considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and

(b)determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body would be required to pay.

(8)The Privy Council must—

(a)consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and

(b)consult each regulatory body about the determination under subsection (7)(b) of the amount it would be required to pay.

(9)Having taken into account such representations as it receives from consultees, the Privy Council must—

(a)determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and

(b)determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body is to be required to pay.

(10)Regulations under this section requiring payment of a fee may make provision—

(a)requiring the fee to be paid within such period as is specified;

(b)requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);

(c)for the recovery of unpaid fees or interest.

(11)The regulations may enable the Privy Council to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or a regulatory body or on its own initiative.

(12)Before making regulations under this section, the Privy Council must consult—

(a)the Authority,

(b)the regulatory bodies, and

(c)such other persons as it considers appropriate.]

Textual Amendments

F34S. 25A inserted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 224(1), 306(1)(d)(4); S.I. 2015/409, art. 2

[F3525CAppointments to regulatory bodiesU.K.

(1)The Privy Council and a regulatory body may make arrangements for the regulatory body or other persons to assist the Privy Council in connection with its exercise of any of its appointment functions in relation to the regulatory body.

(2)The Privy Council and the Authority may make arrangements for the Authority to assist the Privy Council in connection with—

(a)its exercise of any of its appointment functions in relation to a regulatory body;

(b)its exercise of its function under paragraph 4 of Schedule 7.

(3)The Privy Council may make arrangements with any other person to assist it in connection with—

(a)its exercise of any of its appointment functions in relation to a regulatory body;

(b)its exercise of its function under paragraph 4 of Schedule 7.

(4)The Scottish Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.

(5)The Welsh Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.

(6)The Department of Health, Social Services and Public Safety in Northern Ireland may make arrangements for the Authority to assist the Department in connection with its exercise of its function under that paragraph.

(7)In this section, “regulatory body” does not include the Pharmaceutical Society of Northern Ireland.

(8)In this section, “appointment functions” means—

(a)in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office),

(b)in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(c)in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(d)in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(e)in relation to the General Chiropractic Council, the function under paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(f)in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 (S.I. 2010/231) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(g)in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 (S.I. 2002/253) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and

(h)in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to the Health and Social Work Professions Order 2001 (S.I. 2002/254) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council).

(9)A reference to assisting in connection with the exercise of a function does not include a reference to exercising the function.]

Textual Amendments

26 Powers and duties of the Council: generalU.K.

(1)Except as mentioned in subsections (3) to (6), the Council may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

(2)The Council may, for example, do any of the following—

(a)investigate, and report on, the performance by each regulatory body of its functions,

(b)where a regulatory body performs functions corresponding to those of another body (including another regulatory body), investigate and report on how the performance of such functions by the bodies in question compares,

(c)recommend to a regulatory body changes to the way in which it performs any of its functions.

(3)The Council may not do anything in relation to the case of any individual in relation to whom—

(a)there are, are to be, or have been proceedings before a committee of a regulatory body, or the regulatory body itself or any officer of the body, or

(b)an allegation has been made to the regulatory body, or one of its committees or officers, which could result in such proceedings.

[F36(4)Subsection (3) does not prevent the Council from—

(a)taking action under section 28,

(b)where section 29 applies, taking action under that section after the regulatory body's proceedings have ended, or

(c)investigating particular cases with a view to making general reports on the performance by the regulatory body of its functions or making general recommendations to the regulatory body affecting future cases.]

F37(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The Council may not do anything in relation to the functions of the Pharmaceutical Society of Northern Ireland (or its Council, or an officer or committee of the Society) unless those functions are—

(a)conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)), other than Article 3(3)(e) (the benevolent functions),

(b)conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act or an order under section 56 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (which makes provision corresponding to section 60 of the 1999 Act), or

(c)otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.

F38(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In section 60(1) of the 1999 Act (regulation of health care and associated professions), after paragraph (b) there is inserted—

“(c)modifying the functions, powers or duties of the Council for the Regulation of Health Care Professionals,

(d)modifying the list of regulatory bodies (in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002) in relation to which that Council performs its functions,

(e)modifying, as respects any such regulatory body, the range of functions of that body in relation to which the Council performs its functions.”

(10)In Schedule 3 to the 1999 Act (which makes further provision about orders under section 60 of that Act), in paragraph 7, after sub-paragraph (3) there is inserted—

“(4)An Order may not confer any additional powers of direction over the Council for the Regulation of Health Care Professionals.”

(11)In subsections (3) and (4), “proceedings”, in relation to a regulatory body, or one of its committees or officers, includes a process of decision-making by which a decision could be made affecting the registration of the individual in question.

(12)In this section, “health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals.

Textual Amendments

[F4026APowers of Secretary of State and devolved administrationsU.K.

(1)The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the Council for advice on any matter connected with a profession appearing to the person making the request to be a health care profession; and the Council must comply with such a request.

[F41(1A)The Secretary of State may request the Authority for advice on any matter connected with the social work profession, or social care workers, in England; and the Authority must comply with such a request.]

(2)The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may require the Council to investigate and report on a particular matter in respect of which the Council's functions are exercisable.

(3)In this section[F42—

  • “health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals; and

  • “the relevant Northern Ireland department” means the Department of Health, Social Services and Public Safety in Northern Ireland Public Safety in Northern Ireland.]]

Textual Amendments

[F4326BDuty to inform and consult the publicU.K.

(1)For the purpose of ensuring that members of the public are informed about the Council and the exercise by it of its functions, the Council must publish or provide in such manner as it thinks fit information about the Council and the exercise of its functions.

(2)Nothing in subsection (1) authorises or requires the publication or provision of information if the publication or provision of that information—

(a)is prohibited by any enactment, or

(b)would constitute or be punishable as a contempt of court.

(3)In subsection (2) “enactment” has the same meaning as in Part 2 of the Health and Social Care Act 2008.

(4)The Council must from time to time seek the views of—

(a)members of the public, and

(b)bodies which appear to the Council to represent the interests of [F44users of health care, users of social care in England or users of social work services in England] ,

on matters relevant to the exercise by it of its functions.]

Textual Amendments

F44Words in s. 26B(4)(b) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(6), 306(4); S.I. 2012/1831, art. 2(2)

27 Regulatory bodies and the CouncilU.K.

(1)Each regulatory body must in the exercise of its functions co-operate with the Council.

(2)If the Council considers that it would be desirable to do so for the protection of members of the public, it may give directions requiring a regulatory body to make rules (under any power the body has to do so) to achieve an effect which must be specified in the directions.

(3)The Council may give such directions only in relation to rules which must be approved by the Privy Council (whether by order or not) or by the Department of Health, Social Services and Public Safety in Northern Ireland before coming into force.

(4)The Council must send a copy of any such directions to the relevant authority.

(5)The relevant authority is the Secretary of State or, if the regulatory body in question is the Pharmaceutical Society of Northern Ireland, the Department of Health, Social Services and Public Safety there.

(6)The directions do not come into force until the date specified in an order made by the relevant authority.

(7)The Secretary of State must lay before both Houses of Parliament, or (as the case may be) the Department of Health, Social Services and Public Safety must lay before the Northern Ireland Assembly, a draft of an order—

(a)setting out any directions he or it receives pursuant to subsection (4), and

(b)specifying the date on which the directions are to come into force.

(8)Subsections (4) to (7) apply also to—

(a)directions varying earlier directions, and

(b)directions revoking earlier directions, and given after—

(i)both Houses of Parliament have resolved to approve the draft order specifying the date on which the earlier directions are to come into force, or (as the case may be)

(ii)the Northern Ireland Assembly has done so.

(9)Subsections (4) and (5) apply also to directions—

(a)revoking earlier directions, but

(b)which do not fall within subsection (8)(b),

but subsections (6) and (7) do not apply to such directions.

(10)If the Council gives directions which fall within subsection (9), the earlier directions which those directions revoke shall be treated as if subsections (6) and (7) had never applied to them, and as never in force.

(11)A regulatory body must comply with directions given under subsection (2) which have come into force and have not been revoked.

(12)A regulatory body is not to be taken to have failed to comply with such directions merely because a court determines that the rules made pursuant to the directions are to be construed in such a way that the effect referred to in subsection (2) is not achieved.

(13)The Secretary of State shall make provision in regulations as to the procedure to be followed in relation to the giving of directions under subsection (2).

(14)The regulations must, in particular, make provision requiring the Council to consult a regulatory body before giving directions relating to it under subsection (2).

(15)In this section—

(a)“making” rules includes amending or revoking rules, and

(b)“rules” includes regulations, byelaws and schemes.

Commencement Information

I7S. 27 wholly in force at 1.4.2003; s. 27 in force for certain purposes at Royal Assent, see s. 42(3); s. 27 in force at 1.4.2003 by S.I. 2002/2202, art. 2(3)(c)

28 Complaints about regulatory bodiesU.K.

(1)The Secretary of State may make provision in regulations about the investigation by the Council of complaints made to it about the way in which a regulatory body has exercised any of its functions.

(2)The regulations may, in particular, make provision as to—

(a)who (or what description of person) is entitled to complain,

(b)the nature of complaints which the Council must (or need not) investigate,

(c)matters which are excluded from investigation,

(d)requirements to be complied with by a person who makes a complaint,

(e)the procedure to be followed by the Council in investigating complaints,

(f)the making of recommendations or reports by the Council following investigations,

(g)the confidentiality, or disclosure, of any information supplied to the Council or acquired by it in connection with an investigation,

(h)the use which the Council may make of any such information,

(i)the making of payments to any persons in connection with investigations,

(j)privilege in relation to any matter published by the Council in the exercise of its functions under the regulations.

(3)The regulations may also make provision—

(a)empowering the Council to require persons to attend before it,

(b)empowering the Council to require persons to give evidence or produce documents to it,

(c)about the admissibility of evidence,

(d)enabling the Council to administer oaths.

(4)No person shall be required by or by virtue of regulations under this section to give any evidence or produce any document or other material to the Council which he could not be compelled to give or produce in civil proceedings before the High Court or, in Scotland, the Court of Session.

Commencement Information

I8S. 28 partly in force; s. 28 in force for certain purposes at Royal Assent, see s. 42(3)

29 Reference of disciplinary cases by Council to courtU.K.

(1)This section applies to—

[F45(a)a direction of the Fitness to Practise Committee of the General Pharmaceutical Council under article 54 of the Pharmacy Order 2010 (consideration by the Fitness to Practise Committee) or under section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),]

(b)a direction of the Statutory Committee of the Pharmaceutical Society of Northern Ireland under Article 20 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968,

[F46(c)a direction by a Fitness to Practise Panel of the General Medical Council under section 35D of the Medical Act 1983 (c. 54) that the fitness to practise of a medical practitioner was impaired F47...,]

[F48(e)a direction by the Professional Conduct Committee, the Professional Performance Committee or the Health Committee of the General Dental Council under any of sections 27B, 27C, 36P or 36Q of the Dentists Act 1984 following a determination that a person’s fitness to practise as a dentist or as a member of a profession complementary to dentistry, or class of members of such a profession, is impaired F49...,]

[F50(f)a direction by the Fitness to Practise Committee of the General Optical Council under section 13F(2) of the Opticians Act 1989 (powers of Fitness to Practise Committee)F51...;]

[F52(g)any step taken—

(i)by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or

(ii)by the Health Committee of the General Osteopathic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),]

[F53(h)any step taken—

(i)by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or

(ii)by the Health Committee of the General Chiropractic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),]

(i)any corresponding measure taken in relation to a nurse [F54or midwife under the Nursing and Midwifery Order 2001] ,

[F55(j)any corresponding measure taken in relation to a member of a profession regulated by [F56the Health and Social Work Professions Order 2001] , under that Order.]

(2)This section also applies to—

(a)a final decision of the relevant committee not to take any disciplinary measure under the provision referred to in whichever of paragraphs (a) to (h) of subsection (1) applies,

(b)any corresponding decision taken in relation to a nurse [F57or midwife under the Nursing and Midwifery Order 2001] , or to any such person as is mentioned in subsection (1)(j) and

(c)a decision of the relevant regulatory body, or one of its committees or officers, to restore a person to the register following his removal from it in accordance with any of the measures referred to in paragraphs (a) to (j) of subsection (1).

(3)The things to which this section applies are referred to below as “relevant decisions”.

(4)If the Council considers that—

(a)a relevant decision falling within subsection (1) has been unduly lenient, whether as to any finding of professional misconduct or fitness to practise on the part of the practitioner concerned (or lack of such a finding), or as to any penalty imposed, or both, or

(b)a relevant decision falling within subsection (2) should not have been made,

and that it would be desirable for the protection of members of the public for the Council to take action under this section, the Council may refer the case to the relevant court.

[F58(5)In subsection (4) [F59(subject to subsection (5A))] , the “relevant court” —

(a)in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Scotland, means the Court of Session,

(b)in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other person, means the High Court of Justice in England and Wales.]

[F60(5A)In the case of a social worker in England, the “relevant court” means the High Court of Justice in England and Wales.]

(6)The Council may not so refer a case after the end of the period of [F6140 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision] .

(7)If the Council does so refer a case—

(a)the case is to be treated by the court to which it has been referred as an appeal by the Council against the relevant decision (even though the Council was not a party to the proceedings resulting in the relevant decision), and

(b)the body which made the relevant decision is to be a respondent.

(8)The court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the relevant decision,

(c)substitute for the relevant decision any other decision which could have been made by the committee or other person concerned, or

(d)remit the case to the committee or other person concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

Textual Amendments

F46S. 29(1)(c) substituted for s. 29(1)(c)(d) (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), Sch. 1 para. 13 (with Sch. 2)

F48S. 29(1)(e) substituted (coming into force in accordance with art. 1(4)-(7) (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008) of the amending S.I.) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), Sch. 6 para. 4 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F50S. 29(1)(f) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 13 (with Sch. 2)

F56Words in s. 29(1)(j) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 213(7)(j), 306(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

Modifications etc. (not altering text)

AppealsU.K.

30 Medical practitionersU.K.

(1)The Medical Act 1983 (c. 54) is amended as follows.

(2)In section 40 (appeals)—

(a)in subsection (1), paragraph (c) is omitted,

(b)after subsection (1), there is inserted—

“(1A)A decision of the General Council under section 39 above giving a direction for erasure is also an appealable decision for the purposes of this section.”,

(c)for subsection (3) there is substituted—

“(3)A person in respect of whom an appealable decision falling within subsection (1) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 36(6), 36A(7), or 37(6) above, or section 41(7) or 45(7) below, appeal against the decision to the relevant court.

(3A)In subsection (3), “the relevant court”—

(a)in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other person (including one appealing against a decision falling within subsection (1)(e)), means the High Court of Justice in England and Wales.

(3B)A person in respect of whom an appealable decision falling within subsection (1A) above has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 39(2), appeal against the decision to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register is situated.”,

(d)subsections (4) to (6), (9) and (10) are omitted, and

(e)for subsections (7) and (8) there is substituted—

“(7)On an appeal under this section from the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee, the court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the direction or variation appealed against,

(c)substitute for the direction or variation appealed against any other direction or variation which could have been given or made by the committee concerned, or

(d)remit the case to the committee concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(8)On an appeal under this section from the General Council, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the direction appealed against, or

(c)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or in Scotland, expenses) as it (or he) thinks fit.”

(3)In Schedule 4 (proceedings before Professional Conduct, Health and Preliminary Proceedings Committees)—

(a)in paragraph 3(b), the words “to Her Majesty in Council” are omitted and for “the Judicial Committee” there is substituted “ the court (or the sheriff) ”,

(b)in paragraph 10(1)—

(i)for “section 37 of this Act and” there is substituted “ section 37 of this Act, ”,

(ii)after “or 37 of this Act”, there is inserted “ and a direction for erasure given by the General Council under section 39 of this Act ”, and

(iii)in paragraph (a), for the words “mentioned in subsection (3) of that section” there is substituted “ specified in that section ”,

(c)paragraph 10(2) is omitted, and

(d)in paragraph 10(3)—

(i)“or (2)” is omitted,

(ii)“or that sub-paragraph as applied by sub-paragraph (2) above” is omitted,

(iii)for “mentioned in section 40(3)” there is substituted “ specified in section 40 ”, and

(iv)for “mentioned in the said section 40(3)” there is substituted “ specified in section 40 of this Act ”.

31 DentistsU.K.

(1)The Dentists Act 1984 (c. 24) is amended as follows.

(2)In section 29 (appeals)—

(a)in subsection (1), for the words from “to Her” to the end there is substituted “ against that determination or direction to the relevant court. ”,

(b)after subsection (1) there is inserted—

“(1A)In subsection (1), “the relevant court”—

(a)in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other person, means the High Court of Justice in England and Wales.”,

(c)subsection (2) is omitted, and

(d)for subsection (3) there is substituted—

“(3)On an appeal under this section, the court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the determination or direction appealed against,

(c)(in the case of an appeal against a determination under section 27 above or a direction under section 28 above) substitute for the determination or direction appealed against any other determination or direction which could have been made or given by the Professional Conduct Committee or (as the case may be) the Health Committee, or

(d)remit the case to the Professional Conduct Committee, the Health Committee or the Continuing Professional Development Committee to dispose of the case under section 27 or 28 above or Schedule 3A to this Act in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.”

(3)In section 44 (withdrawal of privilege from body corporate)—

(a)in subsection (4)—

(i)after “days” there is inserted “ from service ”, and

(ii)for the words from “in accordance” to “Majesty in Council” there is substituted “ appeal to the relevant court ”, and

(b)after subsection (4) there is inserted—

“(4A)In subsection (4), “the relevant court”—

(a)where the registered office of the body corporate is in Northern Ireland, means the High Court of Justice in Northern Ireland,

(b)where the registered office of the body corporate is in Scotland, means the Court of Session,

(c)where the registered office of the body corporate is in any other place, means the High Court of Justice in England and Wales.”

(4)In section 51, the words from “(other” to “appeals)” are omitted.

(5)In section 34A (professional training and development requirements), in subsection (7)(b), for “to Her Majesty in Council” there is substituted “ under section 29 above to the relevant court ”.

(6)Subsection (5) has effect—

(a)upon the coming into force of this section, if that happens after the coming into force of article 8 of the Dentists Act 1984 (Amendment) Order 2001 (S.I. 2001/3926) (“the Dentists Order”) so far as that article effects the insertion into the Dentists Act 1984 (c. 24) of the new section 34A(7)(b),

(b)otherwise, immediately after the coming into force to that extent of that article.

(7)If this section comes into force before article 10(3) of the Dentists Order—

(a)paragraphs (b), (c) and (d) of article 10(3) of that Order are revoked upon the coming into force of this section, and

(b)until the coming into force of the remainder of article 10(3) of that Order, section 29 of the Dentists Act 1984 (c. 24) (as amended by this section) is to be read with the modifications set out in subsection (8).

(8)The modifications are that section 29 is to be read as if—

(a)in each of paragraphs (a) and (b) of subsection (1A), the words “(or if he were registered would be)” were omitted,

(b)in paragraph (c) of subsection (3), the words “(in the case of an appeal against a determination under section 27 above or a direction under section 28 above)” were omitted, and

(c)in paragraph (d) of subsection (3)—

(i)for the words “, the Health Committee or the Continuing Professional Development Committee” there were substituted “ or the Health Committee ”, and

(ii)the words “or Schedule 3A to this Act” were omitted.

32 OpticiansU.K.

(1)Section 23 of the Opticians Act 1989 (c. 44) (appeals in disciplinary and other cases) is amended as follows.

(2)For subsection (1) there is substituted—

“(1)An individual or body corporate who is notified under subsection (11) of section 17—

(a)that a disciplinary order has been made against him under that section; or

(b)that a direction has been given in respect of him under subsection (9) of that section,

may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that order or direction to the relevant court.

(1A)In subsection (1), “the relevant court”—

(a)in the case of an individual whose address in the register is in Scotland, or a body corporate whose registered office is in Scotland, means the Court of Session,

(b)in the case of an individual whose address in the register is in Northern Ireland, or a body corporate whose registered office is in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other individual or body corporate, means the High Court of Justice in England and Wales.

(1B)An individual or body corporate who is notified under subsection (3) of section 19 above that a direction has been given in respect of him under that section may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that direction to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register or (as the case may be) the registered office is situated.

(1C)On an appeal under this section, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the order or direction appealed against,

(c)substitute for the order or direction appealed against any other order or direction which could have been made by the Disciplinary Committee, or

(d)remit the case to the Disciplinary Committee to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”

(3)In subsection (2), for “any such appeal”, where it first appears, there is substituted “ any appeal under this section ”.

33 OsteopathsU.K.

(1)The Osteopaths Act 1993 (c. 21) is amended as follows.

(2)In section 10 (fraud or error in relation to registration)—

(a)in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”,

(b)for subsection (8) there is substituted—

“(8)Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).”,

(c)subsection (10) is omitted, and

(d)for subsection (11) there is substituted—

“(11)On an appeal under this section, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the order appealed against, or

(c)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”

(3)In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (6) and (8), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(4)In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(5)In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—

“(4)A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.

(4A)On an appeal under subsection (4) above, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the decision appealed against,

(c)substitute for the decision appealed against any other decision which could have been made by the Registrar, or

(d)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”

(6)In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—

(a)in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ”,

(b)after subsection (1) there is inserted—

“(1A)In subsection (1), “the relevant court”—

(a)in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other person, means the High Court of Justice in England and Wales.”,

(c)subsections (3) to (5) and (7) are omitted, and

(d)for subsection (8) there is substituted—

“(8)On an appeal under this section, the court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the decision appealed against,

(c)substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or

(d)remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.”

(7)In section 35 (rules), subsection (3) is omitted.

34 ChiropractorsU.K.

(1)The Chiropractors Act 1994 (c. 17) is amended as follows.

(2)In section 10 (fraud or error in relation to registration)—

(a)in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”,

(b)for subsection (8) there is substituted—

“(8)Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).”,

(c)subsection (10) is omitted, and

(d)for subsection (11) there is substituted—

“(11)On an appeal under this section, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the order appealed against, or

(c)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”

(3)In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (7) and (9), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(4)In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

(5)In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—

“(4)A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.

(4A)On an appeal under subsection (4) above, the court (or the sheriff) may—

(a)dismiss the appeal,

(b)allow the appeal and quash the decision appealed against,

(c)substitute for the decision appealed against any other decision which could have been made by the Registrar, or

(d)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”

(6)In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—

(a)in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ”,

(b)after subsection (1) there is inserted—

“(1A)In subsection (1), “the relevant court”—

(a)in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b)in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c)in the case of any other person, means the High Court of Justice in England and Wales.”,

(c)subsections (3) to (5) and (7) are omitted, and

(d)for subsection (8) there is substituted—

“(8)On an appeal under this section, the court may—

(a)dismiss the appeal,

(b)allow the appeal and quash the decision appealed against,

(c)substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or

(d)remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.”

(7)In section 35 (rules), subsection (3) is omitted.

The pharmacy professionU.K.

35 Regulation of the profession of pharmacyU.K.

In Schedule 3 to the 1999 Act (which makes provision in relation to orders under section 60 of that Act regulating health care and associated professions), in paragraph 2, for sub-paragraphs (2) and (3) there is substituted—

“(2)But (subject to paragraph 12) an order may not amend the Medicines Act 1968 except in connection with the regulation of the profession regulated by the Pharmacy Act 1954.”

Part 3 U.K. Miscellaneous

F6236 Amendments of health service legislation in connection with consolidationU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

37 Minor and consequential amendments and repealsU.K.

(1)The minor and consequential amendments specified in Schedule 8 are to have effect.

(2)The enactments specified in Schedule 9 are repealed to the extent specified.

Commencement Information

I9S. 37 partly in force; s. 37 not in force at Royal Assent, see s. 42(3); s. 37(1) in force for specified purposes for E.W. at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) and in force for specified purposes for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(b); s. 37 in force for specified purposes for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.; s. 37(1) in force for specified purposes for E. at 1.1.2003 by S.I. 2002/3190, art. 2(2)(c); s. 37(2) in force for specified purposes for E.W. at 1.1.2003 by S.I. 2002/3190, art. 2(2)(d); s. 37 in force for specified purposes at 1.4.2003 by S.I. 2003/833, art. 3(b)(c) (with art. 4)

I10S. 37(1) in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580, art. 2(2)(b)

I11S. 37(1) in force at 1.9.2003 for specified purposes by S.I. 2003/2246, art. 2(b)

I12S. 37(2) in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580, art. 2(2)(c)

38 Regulations and ordersU.K.

(1)Any power under this Act to make any order or regulations is (except in the case of orders under section 22(5)) exercisable by statutory instrument or, in the case of an order made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(2)A statutory instrument containing any order or regulations made by the Secretary of State under this Act, other than regulations under section 28 or an order under section 27 F63... 42(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)A statutory instrument containing regulations under section 28 F64... or an order of the Secretary of State under section 27, shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

[F65(3A)A statutory instrument containing regulations made by the Privy Council under section 25A shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3B)Regulations made by the Privy Council under section 25A that include provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the regulations being subject to annulment under subsection (3A)).

(3C)Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) shall apply in relation to regulations of the description given in subsection (3B) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.

(3D)Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing regulations of the description given in subsection (3B) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.]

(4)No order shall be made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27 unless a draft of the order has been laid before, and approved by resolution of, the Northern Ireland Assembly.

[F66(4A)The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of Schedule 7 is two; and anything done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an instrument signed by the Clerk of the Council.]

(5)Any power under this Act to make any order or regulations may be exercised—

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

(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,

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

(6)Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(7)Any such power includes power—

(a)to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the authority making the order or regulations considers to be expedient, and

(b)to provide for a person to exercise a discretion in dealing with any matter.

(8)Subsections (5) to (7) do not apply to orders under section 27.

(9)Subject to subsection (8), nothing in this Act shall be read as affecting the generality of subsection (7).

(10)Directions given in pursuance of any provision of this Act are, except where otherwise stated, to be given by instrument in writing.

(11)Any power sconferred by this Act to give directions [F67by instrument in writing] includes power to vary or revoke them by subsequent directions.

Textual Amendments

F65S. 38(3A)-(3D) inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 224(3), 306(1)(d)(4)

F66S. 38(4A) inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 230(5), 306(1)(d)(4); S.I. 2012/1319, art. 2(4)

F67Words in s. 38(11) omitted (E.W.) (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 1 para. 9 (with art. 4)

39 Supplementary and consequential provision etcU.K.

(1)The Secretary of State may by regulations make—

(a)such supplementary, incidental or consequential provision, or

(b)such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, or in consequence of or for giving full effect to any provision of this Act.

(2)The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document, including an enactment contained in an Act passed in the same session as this Act.

(3)The power to make regulations under this section is also exercisable by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly.

(4)Nothing in this Act shall be read as affecting the generality of subsection (1).

Modifications etc. (not altering text)

40 WalesU.K.

(1)In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act is (as from the time when the Act is so amended) to be treated as referring to the Act as so amended.

(2)Subsection (1) does not affect the power to make further Orders varying or omitting any such reference.

41 Financial provisionsU.K.

There shall be paid out of money provided by Parliament—

(a)any expenditure incurred by the Secretary of State in consequence of this Act, and

(b)any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.

42 Short title, interpretation, commencement and extentU.K.

(1)This Act may be cited as the National Health Service Reform and Health Care Professions Act 2002.

(2)In this Act—

  • F68...

  • “the 1999 Act” means the Health Act 1999 (c. 8),

  • F68...

(3)This Act, apart from—

(a)this section and sections 38 to 41, and

(b)any other provision of this Act so far as it confers any power to make an order or regulations under this Act,

shall come into force on such day as the appropriate authority may by order appoint, and different days may be appointed for different provisions and for different purposes.

(4)In subsection (3), the “appropriate authority” is—

(a)in relation to sections 1 to 5, 7, 8, 15 to 22, Part 2, and section 36, the Secretary of State,

(b)in relation to sections 11 to 14, the Secretary of State after consulting the National Assembly for Wales,

(c)in relation to sections 6, 9 and 24, the National Assembly for Wales,

(d)in relation to sections 10 and 23—

(i)the Secretary of State, in relation to England, and

(ii)the National Assembly for Wales, in relation to Wales,

(e)in relation to section 37—

(i)the Secretary of State, as respects any amendment or repeal consequential on provisions falling within paragraph (a),

(ii)the Secretary of State, after consulting the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (b),

(iii)the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (c),

(iv)otherwise, the Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales.

(5)Subject to subsection (6), this Act extends to the whole of the United Kingdom, except for Part 1, which extends to England and Wales only.

(6)The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

(7)[F69Subsection (6) does not apply to the amendment of the Police Act 1997 (c. 50) made by paragraph 64 of Schedule 2, which extends to England and Wales only.]

(8)The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

Subordinate Legislation Made

P1S. 42(3) power partly exercised: different dates appointed for specified provisions and purposes by S.I. 2002/2202, arts. 2, 3; 1.10.2002 appointed for specified provisions and purposes by S.I. 2002/2478, arts. 3, 5 (with arts. 2(2), 3(3), 4)

S. 42(3)(4)(c)(d)(e)(iii)(iv) power partly exercised: 10.10.2002 appointed for specified provisions and purposes by S.I. 2002/2532, art. 2, Sch.

S. 42(3) power partly exercised: 1.1.2003 appointed for specified provisions and purposes by S.I. 2002/3190, art. 2; 1.4.2003 appointed for specified provisions and purposes by S.I. 2003/833, arts. 2, 3 (with art. 4)

Textual Amendments

SCHEDULES

Section 1(3)

SCHEDULE 1E+WEnglish Health Authorities: change of name

F70Part 1E+WAmendments of 1977 Act

Textual Amendments

1E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 E+WAmendments of other Acts

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)E+W

36In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which makes provision about payments to make up civil remuneration), in paragraph 15—

(a)in the entry in the first column, before “a Health Authority” there is inserted “ a Strategic Health Authority, ”, and

(b)in the entry in the second column, before “Health Authority” there is inserted “ Strategic Health Authority, ”.

The Hospital Complaints Procedure Act 1985 (c. 42)E+W

F7137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)E+W

38(1)The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as provided in this paragraph.

(2)In section 7 (persons discharged from hospital), in subsection (9), in paragraph (a) of the definition of “the managers”, after “means the” there is inserted “ Strategic Health Authority, ”.

(3)In section 16 (interpretation), after the definition of “statutory services” there is inserted—

““Strategic Health Authority” means a Strategic Health Authority established under section 8 of the 1977 Act;”.

The National Health Service and Community Care Act 1990 (c. 19)E+W

39The National Health Service and Community Care Act 1990 is amended as follows.

F7240E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7241E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7242E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7243E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

44E+WIn section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “means a” there is inserted “ Strategic Health Authority, ”.

45E+WIn section 60 (removal of Crown immunities), in subsection (7)(a), at the beginning there is inserted “ a Strategic Health Authority or ”.

F7346E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Health Service Commissioners Act 1993 (c. 46)E+W

47In section 2 of the Health Service Commissioners Act 1993 (bodies subject to investigation), in subsection (1), for paragraph (a) there is substituted—

“(a)Strategic Health Authorities,”.

The 1999 ActE+W

48The 1999 Act is amended as follows.

F7449E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7550E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7651E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7652E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7653E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

54E+WIn section 61 (English and Scottish border provisions), in subsection (2), for “Health Authority” there is substituted “ Strategic Health Authority ”.

The Health and Social Care Act 2001 (c. 15)E+W

F7755. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 2(5)

SCHEDULE 2E+WReallocation of functions of Health Authorities to Primary Care Trusts

Part 1E+WAmendments of 1977 Act

F781E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F792E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F803E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F804E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F805E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F806E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F807E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F808E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F809E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F8010E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80Sch. 2 paras. 3-10 repealed (1.4.2004 for the repeal of Sch. 2 paras. 3-8 except for W., 1.4.2004 for W. for the repeal of Sch. 2 paras. 3-8, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 2 para. 10(1)(2) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

11E+WIn section 38 (arrangements for general ophthalmic services), in subsection (1), after “duty” there is inserted “ of every Primary Care Trust and ”.

F8112E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8113E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8114E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8115E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8116E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8117E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8118E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8119E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8120E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8121E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8122E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8123E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8124E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8125E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8126E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8127E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8128E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8129E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8130E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8131E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8132E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8133E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8134E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8135E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8136E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8137E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 2E+WAmendments of other Acts

The National Assistance Act 1948 (c. 29)E+W

38In section 26 of the National Assistance Act 1948 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C), after “consent of such” there is inserted “ Primary Care Trust or ”.

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)E+W

39In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which makes provision about payments to make up civil remuneration), in paragraph 16, in the entry in the second column, before “Health Authority” there is inserted “ Primary Care Trust, ”.

The Health Services and Public Health Act 1968 (c. 46)E+W

40(1)The Health Services and Public Health Act 1968 is amended as provided in this paragraph.

(2)In section 63 (provision of instruction for certain persons), in subsection (2)(b), before “Health Authority” there is inserted “ Primary Care Trust or ”.

(3)In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b), before “Health Authority” there is inserted “ Primary Care Trust or ”.

The Health and Safety at Work etc Act 1974 (c. 37)E+W

41In section 60 of the Health and Safety at Work etc Act 1974 (which makes supplementary provision in relation to the employment medical advisory service), in subsection (1), after “that each” there is inserted “ Primary Care Trust and ”.

The Mental Health Act 1983 (c. 20)E+W

42The Mental Health Act 1983 is amended as follows.

F8243E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8244E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8245E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

46E+WIn section 39 (information as to hospitals), in subsection (1), before “Health Authority”, in each place where it occurs, there is inserted “ Primary Care Trust or ”.

47E+W[F83In section 117 (after-care), in each of subsections (2), (2A) and (3), before “Health Authority”, in each place where it occurs, there is inserted “ Primary Care Trust or ”.]

Textual Amendments

F83Sch. 2 para. 47 omitted (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 40(8), 306(1)(d)(4)

48E+WIn section 140 (notification of hospitals having arrangements for reception of urgent cases)—

(a)after “duty of” there is inserted “ every Primary Care Trust and of ”,

(b)for “Health Authority’s area” there is substituted “ area of the Primary Care Trust or Health Authority ”, and

(c)after “available to the” there is inserted “ Primary Care Trust or ”.

49E+WIn section 145 (interpretation), in paragraph (a) of the definition of “the managers”, before “Health Authority” there is inserted “ Primary Care Trust, ”.

The Public Health (Control of Disease) Act 1984 (c. 22)E+W

50(1)The Public Health (Control of Disease) Act 1984 is amended as provided in this paragraph.

(2)In section 11 (cases of notifiable disease and food poisoning to be reported), before “Health Authority”, in each place where it occurs, there is inserted “ Primary Care Trust or ”.

(3)In section 12 (fees for certificates under section 11), in subsection (1), after “that a” there is inserted “ Primary Care Trust or ”.

(4)In section 39 (keeper of common lodging-house to notify case of infectious disease), in subsection (3), after “to the” there is inserted “ Primary Care Trust or ”.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)E+W

51In section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (persons discharged from hospital), in subsection (9), for paragraph (a) of the definition of “health authority” there is substituted—

“(a)in relation to England, means a Primary Care Trust,

(aa)in relation to Wales, means a Health Authority, and”.

The Children Act 1989 (c. 41)E+W

52In Schedule 2 to the Children Act 1989 (local authority support for children and families), in paragraph 1A(3)(a), for “and” there is substituted “ or ”.

The National Health Service and Community Care Act 1990 (c. 19)E+W

53The National Health Service and Community Care Act 1990 is amended as follows.

F8454E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

55(1)In section 18 (indicative amounts for doctors’ practices)—E+W

(a)in subsection (1)—

(i)after “financial year,” there is inserted “ every Primary Care Trust and ”, and

(ii)before “Health Authority”, in the second and third places it occurs, there is inserted “ Primary Care Trust or ”,

(b)before “Health Authority”, in each other place where it occurs except in subsection (7), there is inserted “ Primary Care Trust or ”, and

(c)in subsection (7), for “Health Authority” there is substituted “ Primary Care Trust ”.

(2)This paragraph shall cease to have effect on the coming into force of paragraph 80 of Schedule 4 to the 1999 Act (which repeals section 18 of the National Health Service and Community Care Act 1990).

56E+WIn section 47 (assessment of needs for community care services), in subsection (3)—

(a)before “Health Authority”, where it first occurs, there is inserted “ Primary Care Trust or ”, and

(b)before “Health Authority”, in each other place where it occurs, there is inserted “ Primary Care Trust, ”.

57E+WIn section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Strategic Health Authority,” (inserted by paragraph 44 of Schedule 1 to this Act) there is inserted “ Primary Care Trust, ”.

F8558E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Access to Health Records Act 1990 (c. 23)E+W

59(1)The Access to Health Records Act 1990 is amended as provided in this paragraph.

(2)In section 1 (definitions of certain terms), in subsection (2)(a)(ii), before “Health Authority” there is inserted “ Primary Care Trust, ”.

(3)In section 7 (duty of health service bodies etc to take advice), before “Health Authority”, in each place where it occurs, there is inserted “ Primary Care Trust, ”.

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W

60In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), before “Health Authority” there is inserted “ Primary Care Trust or ”.

The Health Service Commissioners Act 1993 (c. 46)E+W

61(1)The Health Service Commissioners Act 1993 is amended as provided in this paragraph.

(2)In section 2 (bodies subject to investigation)—

(a)in subsection (1), in paragraph (da), “established for areas in England” is omitted, and

(b)in subsection (2), in paragraph (a), “whose areas are in Wales” is omitted.

(3)In section 6 (which provides for certain action by Health Authorities, etc not to be investigated), in each of subsections (3) and (5), after “taken by a” there is inserted “ Primary Care Trust or ”.

The Health Authorities Act 1995 (c. 17)E+W

62In Schedule 2 to the Health Authorities Act 1995 (transitional provisions and savings), in paragraph 2, before “Health Authority”, in each place where it occurs, there is inserted “ Primary Care Trust, ”.

The Employment Rights Act 1996 (c. 18)E+W

63In section 43K of the Employment Rights Act 1996 (extended meaning of “worker” for Part 4A of that Act), in subsection (1)(c)(i), before “Health Authority” there is inserted “ Primary Care Trust or ”.

The Police Act 1997 (c. 50)E+W

64[F86In section 115 of the Police Act 1997 (enhanced criminal record certificates), in subsection (6E), before “Health Authority”, in both places, there is inserted “ Primary Care Trust or ”.]

Textual Amendments

The School Standards and Framework Act 1998 (c. 31)E+W

65In Schedule 9 to the School Standards and Framework Act 1998 (which provides for the constitution of school governing bodies), in paragraph 10 (community special schools), in sub-paragraph (5)(a), after “by the” there is inserted “ Primary Care Trust or ”.

The Government of Wales Act 1998 (c. 38)E+W

66(1)The Government of Wales Act 1998 is amended as provided in this paragraph.

(2)In Schedule 5 (bodies and offices covered by section 74), in paragraph 20, “for an area in, or consisting of, Wales” is omitted.

(3)In Schedule 17 (audit, etc, of Welsh public bodies), in paragraph 12, “for an area in, or consisting of, Wales” is omitted.

The 1999 ActE+W

F8767. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8868E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88Sch. 2 para. 68 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

F8969E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Care Standards Act 2000 (c. 14)E+W

70In section 20 of the Care Standards Act 2000 (urgent procedure for cancellation, etc of registration of establishment or agency), in subsection (6)(b), before “Health Authority” there is inserted “ Primary Care Trust or ”.

The Health and Social Care Act 2001 (c. 15)E+W

71The Health and Social Care Act 2001 is amended as follows.

F9072E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9173E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9174E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9175E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9176E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9177E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9178E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9179E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9180E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9181E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9182E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 4(3)

SCHEDULE 3E+WAmendments relating to Personal Medical Services and Personal Dental Services

Part 1E+WAmendments of the National Health Service (Primary Care) Act 1997

F921E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F932E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F933E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F934E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F935E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F936E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F947E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F958E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F969E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F96Sch. 3 para. 9 omitted (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 1 para. 10 (with art. 4)

F9710E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 2E+WAmendments of other Acts

The 1977 ActE+W

F9811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The National Health Service (Scotland) Act 1978 (c. 29)E+W

12In the National Health Service (Scotland) Act 1978, in section 17C (personal medical or dental services)—

(a)in subsection (5), in each of paragraphs (a) and (b), before “Health Authority” there is inserted “ Strategic Health Authority or by a ”, and

(b)in subsection (6), for the definition of “Health Authority” there is substituted—

““Strategic Health Authority” and “Health Authority” have the same meaning as in the National Health Service Act 1977;”.

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W

13In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), after “by a” there is inserted “ Strategic Health Authority, ”.

The 1999 ActE+W

F9914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Health and Social Care Act 2001 (c. 15)E+W

15[F100The Health and Social Care Act 2001 is amended as follows.]

Textual Amendments

F100Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

16[F100(1)Section 26(1) (which inserts a new section 28DA into the 1977 Act) is amended as provided in this paragraph.E+W

(2)In the new section 28DA (lists of persons who may perform personal medical services or personal dental services)—

(a)in subsection (1), after “publication” there is inserted “ by each Primary Care Trust and ”,

(b)in subsection (3)—

(i)in each of paragraphs (a), (b), (c), (e), (g) and (k), before “Health Authority” there is inserted “ Primary Care Trust or ”, and

(ii)in paragraph (j), after “of” there is inserted “ Primary Care Trusts and ”,

(c)in subsection (4), in each of paragraphs (a), (b) and (d), before “Health Authority” there is inserted “ Primary Care Trust or ”,

(d)in subsection (8)—

(i)before “Health Authority”, in both places, there is inserted “ Primary Care Trust or ”, and

(ii)in paragraph (c), for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”,

(e)in subsection (9)—

(i)before “Health Authority” there is inserted “ Primary Care Trust or ”, and

(ii)for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”, and

(f)in subsection (10), for “Health Authority’s decision” there is substituted “ decision of the Primary Care Trust or of the Health Authority ”.]

Textual Amendments

F100Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

17E+W[F100In Schedule 1 (exempt information relating to health services), in paragraph 11, after “request to a” there is inserted “ Strategic Health Authority or ”.]

Textual Amendments

F100Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

Section 6(2)

F101 SCHEDULE 4E+WLocal Health Boards

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 6(2)

SCHEDULE 5E+WAmendments relating to Local Health Boards

The Public Bodies (Admission to Meetings) Act 1960 (c. 67)E+W

1In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph 1(gg) there is inserted—

“(gh)Local Health Boards;”.

Commencement Information

I13Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I14Sch. 5 para. 1 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Health Services and Public Health Act 1968 (c. 46)E+W

2(1)Section 63 of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc) is amended as follows.

(2)In subsection (1)(a), for “or Primary Care Trust” there is substituted “ , Primary Care Trust or Local Health Board ”.

(3)In subsection (5A), for “or Primary Care Trust”, in both places, there is substituted “ , Primary Care Trust or Local Health Board ”.

(4)In subsection (5B), the “and” at the end of paragraph (bb) is omitted, and after that paragraph there is inserted—

“(bbb)Local Health Boards; and”.

Commencement Information

I15Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I16Sch. 5 para. 2 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)E+W

3In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—

(a)for “1978 and” there is substituted “ 1978, ”, and

(b)after “1977” there is inserted “ and a Local Health Board established under section 16BA of that Act ”.

Commencement Information

I17Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I18Sch. 5 para. 3 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The 1977 ActE+W

F1024. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1025E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1026E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1027E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1028E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1029E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10210E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10211E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10212E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10213E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10214E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10215E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10216E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10217E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10218E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10219E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10220E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21E+W[F103In section 98 (accounts and audit), in subsection (1), after paragraph (bb) there is inserted—

“(bbb)every Local Health Board;”.]

Textual Amendments

F103Sch. 5 para. 21 repealed (1.2.2007 so far as relating to Welsh NHS bodies) by Health Act 2006 (c. 28), s. 83(7), Sch. 9; S.I. 2007/204, art. 4(c)

Commencement Information

I19Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I20Sch. 5 para. 21 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

F10422E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104Sch. 5 para. 22 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

F10523E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10624E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F106Sch. 5 para. 24 repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4), s. 10(2), Sch. 4; S.I. 2003/2660, art. 2(1)(iii)(2); S.I. 2003/3064, art. 2(1)(iii)(2)

The Acquisition of Land Act 1981 (c. 67)E+W

25In section 16 of the Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase), in subsection (3), the “and” at the end of paragraph (b) is omitted, and at the end of paragraph (c) there is inserted

“and

(d)a Local Health Board established under section 16BA of that Act;”.

Commencement Information

I21Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I22Sch. 5 para. 25 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Hospital Complaints Procedure Act 1985 (c. 42)E+W

26In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1B), after “Trust”, where it first occurs, there is inserted “ and Local Health Board ”, and in the second place where it occurs there is inserted “ or Local Health Board ”.

Commencement Information

I23Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I24Sch. 5 para. 26 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Income and Corporation Taxes Act 1988 (c. 1)E+W

F10727. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107Sch. 5 para. 27 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

The Housing Act 1988 (c. 50)E+W

28In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), in the second paragraph of Ground 16, after “1990,” there is inserted “ or by a Local Health Board, ”.

Commencement Information

I25Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I26Sch. 5 para. 28 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Road Traffic Act 1988 (c. 52)E+W

29In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)(da), after “1977” there is inserted “ , by a Local Health Board established under section 16BA of that Act ”.

Commencement Information

I27Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I28Sch. 5 para. 29 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The National Health Service and Community Care Act 1990 (c. 19)E+W

30The National Health Service and Community Care Act 1990 is amended as follows.

Commencement Information

I29Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I30Sch. 5 para. 30 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

F10831E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10832E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10833E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

34E+WIn section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Health Authority” there is inserted “ , Local Health Board ”.

Commencement Information

I31Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I32Sch. 5 para. 34 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

35E+WIn section 61 (health service bodies: taxation), in subsection (3), after “Primary Care Trust” there is inserted “ or Local Health Board ”.

Commencement Information

I33Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I34Sch. 5 para. 35 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

F10936E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Welsh Language Act 1993 (c. 38)E+W

37In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in subsection (1), after paragraph (f) there is inserted—

“(ff)a Local Health Board established under section 16BA of the National Health Service Act 1977;”.

Commencement Information

I35Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I36Sch. 5 para. 37 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Health Service Commissioners Act 1993 (c. 46)E+W

F11038. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Vehicle Excise and Registration Act 1994 (c. 22)E+W

39In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles), in paragraph 7, at the end of sub-paragraph (d) there is inserted

“or

(e)a Local Health Board established under section 16BA of that Act.”

Commencement Information

I37Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I38Sch. 5 para. 39 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Value Added Tax Act 1994 (c. 23)E+W

40In section 41 of the Value Added Tax Act 1994 (application to Crown), in subsection (7), after “Primary Care Trust” there is inserted “ and a Local Health Board ”.

Commencement Information

I39Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I40Sch. 5 para. 40 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Data Protection Act 1998 (c. 29)E+W

41In section 69 of the Data Protection Act 1998 (meaning of “health professional”), in subsection (3), after paragraph (bb) there is inserted—

“(bbb)a Local Health Board established under section 16BA of that Act,”.

Commencement Information

I41Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I42Sch. 5 para. 41 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Government of Wales Act 1998 (c. 38)E+W

42(1)The Government of Wales Act 1998 is amended as provided in this paragraph.

(2)In Schedule 5 (bodies and offices covered by section 74), after paragraph 25 there is inserted—

“25AA Local Health Board.”

(3)In Schedule 17 (audit etc of Welsh public bodies), after paragraph 12 there is inserted—

“12AA Local Health Board.”

Commencement Information

I43Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I44Sch. 5 para. 42 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The 1999 ActE+W

F11143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11244E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11345E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Care Standards Act 2000 (c. 14)E+W

46In section 121 of the Care Standards Act 2000 (general interpretation), in subsection (1), in the definition of “National Health Service body”, for “or a Primary Care Trust” there is substituted “ , a Primary Care Trust or a Local Health Board ”.

Commencement Information

I45Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I46Sch. 5 para. 46 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Learning and Skills Act 2000 (c. 21)E+W

47In section 138 of the Learning and Skills Act 2000 (Wales: provision of information by public bodies), in subsection (3), after paragraph (b) there is inserted—

“(ba)a Local Health Board,”.

Commencement Information

I47Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I48Sch. 5 para. 47 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Freedom of Information Act 2000 (c. 36)E+W

48In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 39 there is inserted—

“39AA Local Health Board established under section 16BA of the National Health Service Act 1977.”

Commencement Information

I49Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I50Sch. 5 para. 48 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Health and Social Care Act 2001 (c. 15)E+W

F11449. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11450E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11451E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 20(11)

SCHEDULE 6E+WThe Commission for Patient and Public Involvement in Health

StatusE+W

F1151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PowersE+W

F1152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MembershipE+W

F1153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appointment, procedure etcE+W

F1154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1155E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1156E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Remuneration and allowancesE+W

F1157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

StaffE+W

F1158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Delegation of functionsE+W

F1159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

AssistanceE+W

F11510. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Payments and loans to the CommissionE+W

F11511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Accounts and auditE+W

F11512. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Reports and other informationE+W

F11513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application of seal and evidenceE+W

F11514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11515E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Miscellaneous amendmentsE+W

16In the First Schedule to the Public Records Act 1958 (c. 51) (definition of public records), the following entry is inserted at the appropriate place in Part 2 of the Table at the end of paragraph 3—

“Commission for Patient and Public Involvement in Health.”

Commencement Information

I51Sch. 6 para. 16 partly in force; Sch. 6 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 6 para. 16 in force for E. at 1.1.2003 by S.I. 2002/3190, art. 2

F11617E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11618E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11619E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 25(4)

SCHEDULE 7U.K.[F117The Council for Healthcare Regulatory Excellence]

Textual Amendments

StatusU.K.

1The Council is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Council’s property is not to be regarded as property of, or property held on behalf of, the Crown.

2U.K.For the purposes of—

(a)section 23(2)(b) of the Scotland Act 1998 (c. 46) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and

(b)section 70(6) of that Act (accounts prepared by cross-border bodies),

the Council is to be treated as a cross-border public authority within the meaning of that Act.

PowersU.K.

3The power in section 26(1) includes the power to—

(a)acquire and dispose of land and other property, and

(b)enter into contracts.

Membership and chairmanU.K.

[F1184The Council is to consist of—

(a)a chair appointed by the Privy Council,

(b)one non-executive member appointed by the Scottish Ministers,

(c)one non-executive member appointed by the Welsh Ministers,

(d)one non-executive member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland,

(e)three non-executive members appointed by the Secretary of State, and

(f)two executive members appointed in accordance with paragraph 11.]

Textual Amendments

Appointment, procedure etcU.K.

F1195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6U.K.The Secretary of State may by regulations provide for—

[F120(a)the conditions to be fulfilled for appointment as chair or other member of the Council,]

(b)the tenure of office of the [F121chair and non-executive members] of the Council (including the circumstances in which they cease to hold office or may be removed or suspended from office),

[F122(ba)the appointment of a member as deputy chair and the circumstances in which that member ceases to hold, or may be removed from, office as deputy chair,]and

(c)the appointment of, constitution of and exercise of functions by committees and sub-committees of the Council (including committees and sub-committees which consist of or include persons who are not members of the Council).

Textual Amendments

F120Sch. 7 para. 6(a) substituted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(a), 170; S.I. 2008/3244, art. 2(b)

F121Words in Sch. 7 para. 6(b) substituted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(b), 170; S.I. 2008/3244, art. 2(b)

F122Sch. 7 para. 6(ba) inserted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(c), 170; S.I. 2008/3244, art. 2(b)

Commencement Information

I52Sch. 7 para. 6 wholly in force at 27.8.2002; Sch. 7 para. 6 in force for certain purposes at Royal Assent, see s. 42(3); Sch. 7 para. 6 in force at 27.8.2002 by S.I. 2002/2202, art. 2(1)

7U.K.The Council may regulate its own procedure.

8U.K.The validity of any proceedings of the Council is not affected by a vacancy amongst its members or by a defect in the appointment of a member.

Members’ interestsU.K.

9(1)The Council must establish and maintain a system for the declaration and registration of private interests of its members.

(2)The Council must publish entries recorded in the register of members’ interests.

Remuneration and allowancesU.K.

10(1)The Council may pay to its [F123chair] , and to any other member of the Council, such remuneration and allowances as the Secretary of State may determine.

(2)The Council may pay to any member of a committee or sub-committee of the Council such allowances as the Secretary of State may determine.

(3)If the Secretary of State so determines, the Council must provide for the payment of such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the [F123chair] or any other member of the Council.

(4)If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as [F123chair] of the Council to receive compensation, the Council must pay to him such compensation as the Secretary of State may determine.

Textual Amendments

F123Word in Sch. 7 para. 10 substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 114(4), 170(3)(4); S.I. 2008/3244, art. 2(b)

EmployeesU.K.

[F12411(1)The Council may appoint the executive members referred to in paragraph 4(f) on such terms and conditions as the Council may determine.

(2)The executive members must be employees of the Council.

(3)Any decision of the Council under sub-paragraph (1) must be taken by the members appointed under paragraph 4(a) to (e).

(4)The Council may appoint such other employees as it considers appropriate on such terms and conditions as it may determine.]

Textual Amendments

Delegation of functionsU.K.

12(1)The Council may arrange for the discharge of any of its functions by—

(a)a committee, sub-committee, member or employee of the Council, or

(b)any other person.

(2)If the Council does arrange for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

AssistanceU.K.

13(1)The Council may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case.

(2)Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Payments and loans to CouncilU.K.

14(1)The Secretary of State may make payments out of money provided by Parliament to the Council of such amounts, at such times and on such conditions (if any) as he considers appropriate.

(2)An appropriate authority may make payments to the Council of such amounts, at such times and on such conditions (if any) as it considers appropriate.

[F125(2A)The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph.]

(3)The Secretary of State may make loans out of money provided by Parliament to the Council on such terms (including terms as to repayment and interest) as he may determine.

(4)An appropriate authority may make loans to the Council on such terms (including terms as to repayment and interest) as it may determine.

(5)[F126The approval of the Treasury is required as to the amount and terms of any loan under sub-paragraph (3).]

(6)[F126Except as provided by sub-paragraphs (3) and (4), the Council has no power to borrow money.]

(7)The Secretary of State may give directions to the Council as to the application of any sums received by it under sub-paragraph (1) or (3).

(8)An appropriate authority may give directions to the Council as to the application of any sums received by it from the authority under sub-paragraph (2) or (4).

(9)The Council must comply with any directions under sub-paragraph (7) or (8).

(10)In this paragraph, “appropriate authority” means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.

Textual Amendments

F125Sch. 7 para. 14(2A) inserted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 224(4), 306(1)(d)(4); S.I. 2015/409, art. 2

F126Sch. 7 para. 14(5)(6) omitted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 224(5), 306(1)(d)(4); S.I. 2015/409, art. 2

AccountsU.K.

15(1)The Council must keep accounts in such form as the Secretary of State may determine.

(2)The Council must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3)The Council must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4)Within that period the Council must also send copies of the annual accounts to—

(a)the Scottish Ministers,

(b)the National Assembly for Wales, and

(c)the Department of Health, Social Services and Public Safety in Northern Ireland.

(5)The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.

(6)A copy of the accounts shall be laid before—

(a)the Scottish Parliament by the Scottish Ministers,

(b)the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety there,

and the National Assembly for Wales shall publish the accounts.

(7)In this paragraph and paragraph 16, “financial year” means—

(a)the period beginning with the date on which the Council is established and ending with the next 31st March following that date, and

(b)each successive period of 12 months ending with 31st March.

Reports and other informationU.K.

16(1)The Council must prepare a report on the exercise of its functions during each financial year.

[F127(1A)The report must state—

(a)how the Council, in exercising its functions, has promoted the health, safety and well-being of [F128users of health care, users of social care in England, users of social work services in England] and other members of the public, and

(b)how far, in the opinion of the Council, each regulatory body has complied with any duty imposed on it to promote the health, safety and well-being of such persons.]

(2)As soon as possible after the end of each financial year, the Council must lay a copy of its report for that year before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.

(3)The Council must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information.

(4)The Council must also comply with any corresponding request by—

(a)the Scottish Parliament, in relation to matters which concern a subject for which any member of the Scottish Executive has general responsibility,

(b)the Northern Ireland Assembly, in relation to transferred matters concerning Northern Ireland (“transferred matters” having the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47)).

Textual Amendments

F128Words in Sch. 7 para. 16(1A)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(14), 306(4); S.I. 2012/1319, art. 2(4)

Commencement Information

I53Sch. 7 para. 16 wholly in force at 1.4.2003; Sch. 7 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 7 para. 16(1)(2) in force at 1.12.2002 by S.I. 2002/2202, art. 2(2); Sch. 7 para. 16(3)(4) in force at 1.4.2003 by S.I. 2002/2202, art. 2(3)

Application of seal and evidenceU.K.

17The application of the seal of the Council must be authenticated by the signature of—

(a)any member of the Council, or

(b)any other person who has been authorised by the Council (whether generally or specially) for that purpose.

18U.K.A document purporting to be duly executed under the seal of the Council or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Meetings of the Council in Northern IrelandU.K.

19(1)Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c.9) (which provides for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out below, apply in relation to meetings of the Council in Northern Ireland as they apply in relation to meetings of a district council.

(2)The modifications are—

(a)any reference to a district council shall be read as a reference to the Council, and

(b)any reference to councillors or members of the council shall be read as references to members of the Council.

Miscellaneous amendmentsU.K.

F12920. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12921U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12922U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12923U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12924U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 37(1)

SCHEDULE 8U.K.Minor and consequential amendments

The 1977 ActU.K.

F1301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1302U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1303U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1304U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1305U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1306U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1307U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1308U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1309U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13110U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F131Sch. 8 para. 10 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

F13211U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F132Sch. 8 para. 11 repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4), s. 10(2), Sch. 4; S.I. 2003/2660, art. 2(1)(iii)(2); S.I. 2003/3064, art. 2(1)(iii)(2)

F13312U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Medical Act 1983 (c. 54)U.K.

13The Medical Act 1983 is amended as follows.

14U.K.In section 40 (appeals), in subsection (11), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.

15U.K.In Schedule 6 (transitional and saving provisions), in paragraph 18, “section 40(4) of this Act or” is omitted.

The Dentists Act 1984 (c. 24)U.K.

16In section 29 of the Dentists Act 1984 (appeals), in subsection (4), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.

The Opticians Act 1989 (c. 44)U.K.

17In section 23 of the Opticians Act 1989 (appeals in disciplinary and other cases), in subsection (2), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.

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

F13418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Local Government (Wales) Act 1994 (c. 19)U.K.

19In Schedule 10 to the Local Government (Wales) Act 1994 (amendments relating to social services), paragraph 11(4) is omitted.

Commencement Information

I54Sch. 8 para. 19 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 19 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

The Health Authorities Act 1995 (c. 17)U.K.

20The Health Authorities Act 1995 is amended as follows.

Commencement Information

I55Sch. 8 para. 20 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 20 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) and in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(b) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 20 in force on 10.10.2002 for W. only)

21U.K.Section 1 (which substituted section 8 of the 1977 Act) is omitted.

Commencement Information

I56Sch. 8 para. 21 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 21 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 21 in force on 10.10.2002 for W. only)

22U.K.In Schedule 1 (amendments), paragraphs 32(b), 53 and 107(12)(b) are omitted.

Commencement Information

I57Sch. 8 para. 22 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 22 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) and in force for certain purposes at 1.10.2002 by S.I. 2002/2478, art. 3(2)(b) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 22 in force on 10.10.2002 for W. only)

The National Health Service (Primary Care) Act 1997 (c. 46)U.K.

F13523. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13524U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Government of Wales Act 1998 (c. 38)U.K.

F13525. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13526U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13527U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The 1999 ActU.K.

F13628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13629U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13630U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13631U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Health and Social Care Act 2001 (c. 15)U.K.

F13732. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13733U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13734U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13735U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13736U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13737U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 37(2)

SCHEDULE 9U.K.Repeals

Part 1U.K.National Health Service

Commencement Information

I58Sch. 9 Pt. 1 not in force at Royal Assent, see s. 42(3); specified entries in Sch. 9 Pt. 1 in force for E. and for W. (insofar as the Secretary of State is the appropriate authority) at 1.10.2002 by S.I. 2002/2478, art. 3(1)(f); further specified entry in Sch. 9 Pt. 1 in force for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(c); further specified entries in Sch. 9 Pt. 1 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I59Sch. 9 Pt. 1 in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580, art. 2(2)(c)

I60Sch. 9 Pt. 1 in force at 1.3.2007 for specified purposes, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

Short title and chapterExtent of repeal
Health Services and Public Health Act 1968 (c. 46)In section 63(5B), the “and” at the end of paragraph (bb).
National Health Service Act 1977 (c. 49)

In section 17B(1), the words from “which” to the end.

Section 18(1A)(b).

In section 22(1A), the “or” at the end of paragraph (c).

In section 28A(1), the “and” at the end of paragraph (a).

In section 29B(3), the “or” at the end of paragraph (b).

In section 33(1A)(b), “for areas in Wales”.

In section 44(2), “with the approval of the Health Authority”.

In section 51(3), the “and” at the end of paragraph (bb).

Section 97(6)(bb) and (c) and (8).

In section 103(3)(a), “or a Primary Care Trust”.

In section 125, the “and” at the end of paragraph (bb).

In section 126(4A), the “or” at the end of paragraph (b).

In Schedule 12A, in paragraph 4(2) the “or” at the end of paragraph (a); in paragraph 5(1) the “and” at the end of paragraph (a); in paragraph 5(2) the “or” at the end of paragraph (a); and in paragraph 7(3) “or Primary Care Trust”.

Acquisition of Land Act 1981 (c. 67)In section 16(3), the “and” at the end of paragraph (b).
Health Service Commissioners Act 1993 (c. 46)In section 2, in subsection (1)(da), “established for areas in England”; and in subsection (2)(a), “whose areas are in Wales”.
Government of Wales Act 1998 (c. 38)

In Schedule 5, in paragraph 20, “for an area in, or consisting of, Wales”.

In Schedule 17, in paragraph 12, “for an area in, or consisting of, Wales”.

Health Act 1999 (c. 8)

In section 6(2), in the inserted section 28EE of the 1977 Act, subsection (1).

In section 20(1), the “and” at the end of paragraph (d).

In section 23(6), the definition of “NHS premises”.

In Schedule 2, in paragraph 7(2), the words after “Commission”; and paragraph 7(6) and (7).

Health and Social Care Act 2001 (c. 15)

In section 28(7), “or a Primary Care Trust”.

In Schedule 3, in the new Schedule 8A inserted by that Schedule, in paragraph 1(8), “or a Primary Care Trust”.

National Health Service Reform and Health Care Professions Act 2002 (c. 17)In Schedule 2, in paragraph 2, sub-paragraphs (3) to (5); and paragraph 55.

Part 2 U.K.Health care professions

Short title and chapterExtent of repeal
Medical Act 1983 (c. 54)

Section 40(1)(c), (4) to (6), (9) and (10).

In Schedule 4, in paragraph 3(b) “to Her Majesty in Council”; paragraph 10(2); in paragraph 10(3) “or (2)”, and “or that sub-paragraph as applied by sub-paragraph (2) above”.

In Schedule 6, in paragraph 18, “section 40(4) of this Act or”.

Dentists Act 1984 (c. 24)

Section 29(2).

In section 51, the words from “(other” to “appeals)”.

Osteopaths Act 1993 (c. 21)

Section 10 (10).

Section 31(3) to (5) and (7).

Section 35(3).

Chiropractors Act 1994 (c. 17)

Section 10(10).

Section 31(3) to (5) and (7).

Section 35(3).

Part 3U.K.Miscellaneous

Commencement Information

I61Sch. 9 Pt. 3 not in force at Royal Assent, see s. 42(3); specified entries in Sch. 9 Pt. 3 in force for E. and for W. (insofar as the Secretary of State is the appropriate authority). at 1.10.2002 by S.I. 2002/2478, art. 3(1)(f); further specified entry in Sch. 9 Pt. 3 in force for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(c); further specified entries in Sch. 9 Pt. 3 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.; further specified entries in Sch. 9 Pt. 3 in force for E.W. at 1.1.2003 by S.I. 2002/3190, art. 2(2)(d)

I62Sch. 9 Pt. 3 in force at 1.3.2007 for specified purposes, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

Short title and chapterExtent of repeal
National Health Service Act 1977 (c. 49)In section 97D(1)(b), “, apart from subsection (5A)”.
National Health Service and Community Care Act 1990 (c. 19)In section 12(4), the words after paragraph (b).
Local Government (Wales) Act 1994 (c. 19)In Schedule 10, paragraph 11(4).
Health Authorities Act 1995 (c. 17)

Section 1.

In Schedule 1, paragraphs 32(b), 53 and 107(12)(b).

National Health Service (Primary Care) Act 1997 (c. 46)In Schedule 2, paragraphs 71(3), 73 and 75.
Government of Wales Act 1998 (c. 38)Section 148.
Health Act 1999 (c. 8)In Schedule 4, paragraphs 5, 31(2) and 35.
Health and Social Care Act 2001 (c. 15)

Section 1(4) and (5).

Section 3(3) and (4).

Section 43(5).

In Schedule 5, paragraph 5(12)(b).