Explanatory Notes

Health Act 2009

2009 CHAPTER 21

12 November 2009

Territorial Extent: Further Information

Part 3: Miscellaneous

Tobacco

75.The sections relating to tobacco in Part 3 of the Act have the same extent as the enactments which the provisions amend. The 2002 Act extends to the whole of the UK, the 1991 Act extends to England and Wales and Scotland, and the 1991 (NI) Order extends to Northern Ireland only. However, the amendments made to the 2002 Act by sections 20 and 21, and those to the 1991 Act made by section 22, do not apply in relation to Scotland.

Pharmaceutical services

76.The changes regarding pharmaceutical services in sections 25, 26, 27, 28 and 29 extend to England and Wales but apply only in England. The amendments made by sections 30, 31 and 32 extend to England and Wales but apply only in relation to Wales.

Private patient income

77.Section 33 extends to England and Wales, but the provisions apply only in relation to NHS bodies in England (NHS foundation trusts).

Optical appliances

78.Section 180(2)(c) of the National Health Service Act 2006 repealed by section 34 applied only to England.

Adult social care

79.The changes to the powers of the LGO in England in section 35 and Schedule 5 extend to England and Wales, but apply only in relation to England.

Disclosure of information

80.The provisions in section 36 for disclosure of information held by HMRC extend to the whole of the UK.