National Health Service and Community Care Act 1990

Changes over time for: Section 60

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National Health Service and Community Care Act 1990, Section 60 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 4A(1)(c) and word added by S.I. 2006/1056 Sch. para. 5(a)(ii) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))

60 Removal of Crown immunities.E+W+S

(1)Subject to the following provisions of this section, on and after the day appointed for the coming into force of this subsection, no health service body shall be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and so far as concerns land in which the Secretary of State has an interest, at any time when—

(a)by virtue of directions under any provision of the [F1National Health Service Act 2006, the National Health Service (Wales) Act 2006,]F2... or the M1Health and Medicines Act 1988 or by virtue of orders under section 2 or section 10 of the M2National Health Service (Scotland) Act 1978, powers of disposal or management with respect to the land are conferred on a health service body, or

(b)the land is otherwise held, used or occupied by a health service body,

the interest of the Secretary of State shall be treated for the purposes of any enactment or rule of law relating to Crown land or interests as if it were an interest held otherwise than by the Secretary of State (or any other emanation of the Crown).

(2)In Schedule 8 to this Act—

(a)Part I has effect to continue certain exemptions for health service bodies and property held, used or occupied by such bodies;

(b)the amendments in Part II have effect, being amendments consequential on subsection (1) above; and

(c)the transitional provisions in Part III have effect in connection with the operation of subsection (1) above.

(3)Where, as a result of the provisions of subsection (1) above, by virtue of his employment during any period after the day appointed for the coming into force of that subsection—

(a)an employee has contractual rights against a health service body to benefits in the event of his redundancy, and

(b)he also has statutory rights against the health service body under [F3Part XI of the Employment Rights Act 1996] (redundancy payments),

any benefits provided to him by virtue of the contractual rights referred to in paragraph (a) above shall be taken as satisfying his entitlement to benefits under [F3that Part of that Act].

(4)Nothing in subsection (1) above affects the extent of the expression “the services of the Crown” where it appears in—

(a)Schedule 1 to the M3Registered Designs Act 1949 (provisions as to the use of registered designs for the services of the Crown etc.); and

(b)sections 55 to 59 of the M4Patents Act 1977 (use of patented inventions for the services of the Crown);

and, accordingly, services provided in pursuance of any power or duty of the Secretary of State under [F4the National Health Service Act 2006] or Part I or Part III of the M5National Health Service (Scotland) Act 1978 shall continue to be regarded as included in that expression, whether the services are in fact provided by a health service body, a National Health Service trust or any other person.

(5)The Secretary of State may by order made by statutory instrument provide that, in relation to any enactment contained in a local Act and specified in the order, the operation of subsection (1) above shall be excluded or modified to the extent specified in the order.

(6)No order shall be made under subsection (5) above unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(7)In this section “health service body” means—

[F5(a)F6...F6...F6... a Health Authority F7. . . ;

(aa)a Special Health Authority established under [F8section 28 of [F9the National Health Service Act 2006] or section 22 of the National Health Service (Wales) Act 2006];]

(b)a Health Board or Special Health Board constituted under section 2 of the M6National Health Service (Scotland) Act 1978;

[F10(ba)Healthcare Improvement Scotland established under section 10A of that Act;]

F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the Common Services Agency for the Scottish Health Service;

(f)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the Scottish Dental Practice Board; F14. . .

(h)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 60(1)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 131(a) (with Sch. 3 Pt. 1)

F2Words in s. 60(1)(a) repealed (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 3, Sch. 2

F3Words in s. 60(3) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 45(4)