National Health Service Reform and Health Care Professions Act 2002

Part 1 E+W Amendments of 1977 Act

1 E+W The 1977 Act is amended as follows.

Commencement Information

I1 Sch. 1 para. 1 wholly in force at 1.10.2002; Sch. 1 para. 1 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 1 in force for certain purposes for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

2 E+W In section 12 (provision supplementary to sections 8 and 11), in subsection (2)(a), at the beginning there is inserted“Strategic Health Authorities and”.

3 E+W In section 16 (exercise of functions)—

(a) in subsection (1), after “exercisable by” there is inserted “ a Strategic Health Authority or ”,

(b) in subsection (2)—

(i) before paragraph (a) there is inserted—

“(za) by another Strategic Health Authority;”,

and

(ii) in paragraph (c), after “Local Health Boards” (inserted by paragraph 5 of Schedule 5) there is inserted “ , other Strategic Health Authorities ”, and

(c) in subsection (4)(a), before “Health Authority” (in both places) there is inserted “ Strategic Health Authority or ”.

Commencement Information

I2 Sch. 1 para. 3 wholly in force at 1.10.2002; Sch. 1 para. 3 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 3 in force for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

4 E+W In section 16B (exercise of functions by Primary Care Trusts)—

(a) in subsection (2)(c), after “following:” there is inserted “ Strategic Health Authorities, ”, and

(b) in subsection (3)(c), after “one or more” there is inserted “ Strategic Health Authorities, ”.

Commencement Information

I3 Sch. 1 para. 4 wholly in force at 1.10.2002; Sch. 1 para. 4 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 4 in force for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

5 E+W In section 16C (advice for Health Authorities and Primary Care Trusts)—

(a) in subsection (1), after “Every” there is inserted “ Strategic Health Authority and every ”, and

(b) in subsection (2), before “Health Authorities” there is inserted “ Strategic Health Authorities and ”.

6 E+W In section 16D (Secretary of State’s directions: distribution of functions)—

(a) in subsection (1), after “direct a” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (2), after “of a” there is inserted “ Strategic Health Authority or ”.

Commencement Information

I4 Sch. 1 para. 6 wholly in force at 1.10.2002; Sch. 1 para. 6 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 6 in force for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

7 E+W In section 17 (Secretary of State’s directions: exercise of functions), in subsection (2), before paragraph (a) there is inserted—

“(za) Strategic Health Authorities;”.

Commencement Information

I5 Sch. 1 para. 7 wholly in force at 1.10.2002; Sch. 1 para. 7 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 7 in force for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

8 E+W In section 17B (Health Authority’s directions: exercise of functions), in subsection (1), for “Health Authority” there is substituted “ Strategic Health Authority ”.

9 E+W In section 18 (directions and regulations under preceding provisions), in subsection (1B), for “Health Authority” there is substituted “ Strategic Health Authority ”.

10 E+W In section 22 (co-operation between Health Authorities and local authorities), in subsection (1A), before paragraph (a) there is inserted—

“(za) a Strategic Health Authority;”.

11 E+W In section 23 (voluntary organisations and other bodies), in subsection (2), after “or by a” there is inserted “ Strategic Health Authority, ”.

12 E+W In section 26 (supply of goods and services by the Secretary of State)—

(a) in subsection (1)(b), after “State or by a” there is inserted “ Strategic Health Authority, ”,

(b) in subsection (3), in each of paragraphs (b) and (c), after “or a” there is inserted “ Strategic Health Authority, ”, and

(c) in subsection (4)(b), after “providing” there is inserted “ Strategic Health Authorities, ”.

13 E+W In section 27 (conditions of supply under section 26)—

(a) in subsection (1)—

(i) after “officer of a” there is inserted “ Strategic Health Authority, ”, and

(ii) after “that the” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (3), after “directions to” there is inserted “ Strategic Health Authorities, ”.

14 E+W In section 28 (supply of goods and services by local authorities)—

(a) in subsection (1), after “any” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (3)—

(i) after “available to” there is inserted “ Strategic Health Authorities, ”, and

(ii) after “to enable” there is inserted “ Strategic Health Authorities, ”.

15 E+W In section 28A (power to make payments towards expenditure on community services), in subsection (2B), after “by a” there is inserted “ Strategic Health Authority, ”.

16 E+W In section 28BB (power of local authorities to make payments to NHS bodies), in subsection (2), after “means a” there is inserted “ Strategic Health Authority or ”.

17 E+W [F1 In section 37 (Dental Practice Board), in subsection (1)(b), for “Health Authority” there is substituted “ Strategic Health Authority ”.]

Textual Amendments

F1 Sch. 1 para. 17 repealed (1.4.2006 for E.) 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

18 E+W In section 49S (the Family Health Services Appeal Authority), in subsection (8)(b), after “by a” there is inserted “ Strategic Health Authority, ”.

19 E+W In section 51 (university clinical teaching and research)—

(a) in subsection (2)—

(i) after “by a” there is inserted “ Strategic Health Authority, ”, and

(ii) after “by the” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (3), before paragraph (a) there is inserted—

“(za) Strategic Health Authorities;”.

Commencement Information

I6 Sch. 1 para. 19 wholly in force at 1.10.2002; Sch. 1 para. 19 not in force at Royal Assent, see s. 42(3); Sch. 1 para. 19 in force for E. at 2.9.2002 by S.I. 2002/2202, art. 3(a); Sch. 1 in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(c)

20 E+W In section 65 (accommodation and services for private patients), before “Health Authority or”, in each place where it occurs, there is inserted “ Strategic Health Authority, ”.

21 E+W In section 84A (intervention orders), in subsection (2), before paragraph (a) there is inserted—

“(za) Strategic Health Authorities,”.

22 E+W In section 84B (intervention orders: effect)—

(a) in subsection (1), in each of paragraphs (a) and (b), after “of a” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (6), before “a Health Authority” there is inserted “ a Strategic Health Authority or ”.

23 E+W In section 85 (default powers), in subsection (1), before paragraph (a) there is inserted—

“(za) a Strategic Health Authority;”.

24 E+W In section 90 (gifts on trust), after “A” there is inserted “ Strategic Health Authority, ”.

25 E+W In section 91 (private trusts for hospitals), in subsection (3)(d), after “case, the” there is inserted “ Strategic Health Authority, ”.

26 E+W In section 92 (further transfers of trust property)—

(a) in subsection (1), after “functions of any” there is inserted “ Strategic Health Authority, ”, and

(b) in subsection (1A), before paragraph (a) there is inserted—

“(za) a Strategic Health Authority;”.

27 E+W In section 96 (trusts: supplementary provisions), in subsection (1A)(a), after “or a” there is inserted “ Strategic Health Authority, ”.

28 E+W In section 96A (power of health authorities, etc to raise money)—

(a) in subsection (1), before “Health Authority,”, in both places, there is inserted “ Strategic Health Authority, ”,

(b) in subsection (3), after “benefit of the” there is inserted “ Strategic Health Authority, ”,

(c) in subsection (4), before “Health Authority,” there is inserted “ Strategic Health Authority, ”,

(d) in subsection (5)(b), before “Health Authority” there is inserted “ Strategic Health Authority, ”, and

(e) in each of subsections (7), (8) and (9), before “Health Authority,”, in each place where it occurs, there is inserted “ Strategic Health Authority, ”.

29 E+W In section 98 (accounts and audit)—

(a) in subsection (1), before paragraph (a) there is inserted—

“(za) every Strategic Health Authority;”,

and

(b) in subsection (2AA), for “Health Authority” there is substituted “ Strategic Health Authority ”.

30 E+W In section 99 (regulation of financial arrangements), in subsection (1), before paragraph (a) there is inserted—

“(za) Strategic Health Authorities,”.

31 E+W In section 125 (protection of members and officers of authorities), before paragraph (a) there is inserted—

“(za) a Strategic Health Authority;”.

32 E+W In section 126 (orders and regulations, and directions), in subsection (3A), after “or by a” there is inserted “ Strategic Health Authority or ”.

33 E+W In section 128 (interpretation and construction), in subsection (1A), before “Health Authority,”, in both places, there is inserted “ Strategic Health Authority, ”.

34 (1) Schedule 5 (which relates to the constitution of Health Authorities and Special Health Authorities) is amended as provided in this paragraph. E+W

(2) In Part 1 (membership of Health Authorities)—

(a) for “Health Authority”, in each place where it occurs, there is substituted “ Strategic Health Authority ”,

(b) in paragraph 4, for “Health Authorities” there is substituted “ Strategic Health Authorities ”,

(c) after paragraph 4 there is inserted—

“4A Paragraphs 1 to 4 above apply in relation to Health Authorities as they apply in relation to Strategic Health Authorities.”,

and

(d) in the heading, for “Membership of Health Authorities” there is substituted “ Membership of Strategic Health Authorities and Health Authorities ”.

(3) In Part 3 (supplementary provisions)—

(a) in paragraph 8, after “Each” there is inserted “ Strategic Health Authority, each ”, and

(b) in paragraph 9, in sub-paragraph (7)(a), before “Health Authority” there is inserted “ Strategic Health Authority or ”.

35 (1) Schedule 5A (which relates to Primary Care Trusts) is amended as provided in this paragraph. E+W

(2) In Part 2 (Constitution and Membership), in paragraph 10, after “in relation to” there is inserted “ Strategic Health Authorities, ”.

(3) In Part 3 (Powers and duties), in paragraph 20, for “Health Authority” there is substituted “ Strategic Health Authority ”.

(4) In Part 4 (Transfer of property), in paragraph 21, for “Health Authority” (in each place where it occurs) there is substituted “ Strategic Health Authority ”.

(5) In Part 5 (Transfer of staff), in paragraph 23(2), for paragraph (a) there is substituted—

“(a) a Strategic Health Authority,”.