(1)Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall [F1, unless it is a PCT order,] be subject to annulment in pursuance of a resolution of either House of Parliament.
This subsection—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)does not apply to [F3an order made under section 28EE(2) [F4or section 84A]above, paragraph 20, 21 or 23 of Schedule 5A to this Act or to] paragraph 10 of Schedule 11 to this Act.
(2)Any power to make regulations conferred on the Secretary of State by this Act [F5or Part I of the National Health Service and Community Care Act 1990] is, if the Treasury so directs, exercisable by the Treasury and the Secretary of state acting jointly, except in the case of—
(a)regulations made under section 32 above;
(b)regulations made under section 77(1) above in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraphs 1(1) of Schedule 12 to this Act [F5or Part I of the National Health Service and Community Care Act 1990] in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;
(c)regulations made under paragraph 2(2) of that Schedule;
(d)regulations made under paragraph 2(6) of that Schedule.
(3)Where under [F6or by virtue of] any provision of this Act [F5or Part I of the National Health Service and Community Care Act 1990]—
(a)power to make an order may be exercisable, or
(b)directions may be given,
that provision includes power to vary or revoke the order or direction, as the case may be, by subsequent order or by subsequent directions.
[F7(3A)Directions given by the Secretary of State [F8or by a Health Authority] in pursuance of any provision of this Act or Part I of the M1National Health Service and Community Care Act 1990 shall be given by an instrument in writing.
(3B)In relation to directions given in pursuance of sections [F916D to 17B] above section 18 above applies in place of subsections (3) and (3A) above.]
[F10(3C)Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the M2National Health Service and Community Care Act 1990 shall comply with the directions.]
(4)Any power conferred by this Act [F5or Part I of the National Health Service and Community Care Act 1990] to make orders, regulations or schemes, and any power conferred by section 18 above to give directions by an instrument in writing, may unless the contrary intention appears, be exercised—
(a)either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and
(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 [F5or Part I of the National Health Service and Community Care Act 1990] or that section,
(iii)any such provision either unconditionally, or subject to any specified condition,
and includes power to make such [F11supplementary, incidental, consequential, transitory, transitional or saving] provision in the orders, regulations, schemes or directions as the persons making or giving them consider appropriate.
This subsection does not only apply to regulations made under section 32 above (but without prejudice to subsection (3) of that section) or to an order made under section 57 above (but without prejudice to paragraph 1(1) of Schedule 11 to this Act [F5or Part I of the National Health Service and Community Care Act 1990] ).
[F12(5)Without prejudice to the generality of subsection (4) above, any power which may be exercised as mentioned in paragraphs (a) and (b) of that subsection may make different provision for different areas.]
Textual Amendments
F1Words in s. 126(1) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F2S. 126(1)(a) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 5 (with Sch. 2 para. 6)
F3Words in s. 126(1)(b) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(2)(b); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F4Words in s. 126(1) inserted (1.8.2001 for E. and otherwiseprosp.) by 2001 c. 15, ss. 13(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/2804 art. 2(1)(a)
F5Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)
F6Words in s. 126(3) inserted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 para. 27; S.I. 1997/1780, art. 2(1), Sch.
F7S. 126(3A)(3B) substituted (28.6.1995 for certain purposes and otherwise 1.4.1996) for the second sentence of (3) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 57 (with Sch. 2 para. 6)
F8Words in s. 126(3A) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(3); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F9Words in s. 126(3B) substituted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 37(4); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F10S. 126(3C) inserted (1.9.1999 for E. and 1.11.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 37(5); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1
F11Words in s. 126(4) substituted (1.9.1999 for E. and 1.11.1999 for W.) by 1999 c. 8, s. 65, Sch. 4 para. 37(6); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(1), Sch. 1
F12S. 126(5) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 65(2)
Modifications etc. (not altering text)
C1S. 126 applied (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1968 c. 46, s. 63(5A) (as inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 95(2)(c) (with Sch. 2 para. 6)
C2S. 126(4)(5) extended (28.6.1995) by 1995 c. 17, s. 6(6) (with Sch. 2 para. 6)
Marginal Citations
Regulations may provide for all or any of the following matters—
(a)for prescribing the forms and manner of service of notices and other documents;
(b)for prescribing the manner in which documents may be executed or proved;
(c)for prescribing the manner in which resolutions of any bodies (except the Public Health Laboratory Service Board) continued in being by this Act are to be proved;
(d)for exempting judges and justices of the peace from disqualification by their liability to rates.
(1)In this Act [F13and Part I of the National Health Service and Community Care Act 1990], unless the contrary intention appears—
F14. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
“dental practitioner” means a person registered in the dentists register under the M3Dentists Act [F171984];
[F18“disabled persons” means persons who are blind, deaf or dumb or who suffer from mental disorder of any description and other persons who are substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed;]
“dispensing optician” means a person who is registered in the register kept under section 2 of the M4Opticians Act 1958 of dispensing opticians or a body corporate enrolled in the list kept under section 4 of that Act of such bodies carrying on business as dispensing opticians;
“equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle;
“functions” included powers and duties;
F19. . .
F14. . .
“the health service” means the health service established in pursuance of [F20section 1 of the M5National Health Service Act 1946 and continued under] section 1(1) above;
[F21“health service body” has the same meaning as in section 4 of the M6National Health Service and Community Care Act 1990;]
“health service hospital” means a hospital vested in the Secretary of State [F22for the purposes of his functions] under this Act [F23or vested in [F24a Primary Care Trust or] an NHS trust];
[F25“high security psychiatric services” has the meaning given by section 4 above]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
“hospital” means—
(a)any institution for the reception and treatment of persons suffering from illness,
(b)any maternity home, and
(c)any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,
and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and hospital accommodation shall be construed accordingly;
“illness” includes mental disorder within the meaning of [F26the M7Mental Health Act 1983] and any injury or disability requiring medical or dental treatment or nursing;
“local authority” means a county council, . . . F27a district council, [F28a county borough council,] a London borough council, and the Common Council of the City of London; F29. . .
“local education authority” has the same meaning as in the [F30the Education Act 1996];
“local social services authority” means the council of a non-metropolitan county, [F31of a county borough]or of a metropolitan district or London borough, or the Common Council of the City of London;
“medical” includes surgical;
[F21“medical list” has the meaning given by section 29A(6);]
[F32“medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the M8Interpretation Act 1978]
“medicine” includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 above;
“modifications” includes additions, omissions and amendments;
[F33“NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990;
“National Health Service trust” has the meaning assigned by section 5 of the National Health Service and Community Care Act 1990 and “NHS trust” shall be construed accordingly]
“officer” includes servant;
[F34“operational date”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 2 to the National Health Service and Community Care Act 1990]
“ophthalmic optician” means a person registered in either of the registers kept under [F35section 7 of the Opticians Act 1989] of ophthalmic opticians or a body corporate enrolled in the list kept under [F36section 9] of that Act of such bodies carrying on business as ophthalmic opticians;
“patient” includes an expectant or nursing mother and a lying-in woman;
[F21“personal dental services” has the meaning given in section 28C(7);]
[F21“personal medical services” (except in section 29) has the meaning given in section 28C(7);]
[F37“pharmaceutical services” has the meaning assigned by section 41 of this Act]
“prescribed” means prescribed by regulations made by the Secretary of State under this Act [F38or Part I of the National Health Service and Community Care Act 1990;]
[F39“PCT order” has the meaning given by section 16A above]
[F40“primary functions” shall be construed in accordance with section 3 of the National Health Service and Community Care Act 1990]
“property” includes rights; . . . F16
“registered pharmacist” means a pharmacist registered in the register of pharmaceutical chemists;
“regulations” means regulations made by the Secretary of State under this Act [F41or Part I of the National Health Service and Community Care Act 1990];
F42. . .
“superannuation benefits” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;
“university” includes a university college;
[F43“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority;]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
[F44(1A)So far as is necessary or expedient in consequence of a direction under section 16D or 17A above providing for the exercise by a Health Authority, Special Health Authority or Primary Care Trust of a function exercisable by another person, any reference in any enactment, instrument or other document to that other person is to be read as a reference to the Health Authority, Special Health Authority or Primary Care Trust.]
(2)References in this Act to the purposes of a hospital shall be construed as referring both to the general purposes of the hospital and to any specific purpose of the hospital.
(3)Any reference in this Act to any enactment is a reference to it as amended or applied by or under any other enactment including this Act.
Textual Amendments
F13Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)
F14Definitions of “District Health Authority” and “health authority” in s. 128(1) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)
F15Definition repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 2, para. 10, Sch. 7
F16Definition repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 7, para. 28, Sch. 8
F17Words substituted by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(1), Sch. 5 para. 9
F18Definition inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29(1), Sch. 9 Pt. I para. 22
F19Definition of “fund-holding practice” in s. 128(1) repealed (1.10.1999 for E. and otherwise 1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 1999/2540, art. 2(1), Sch. 1; S.I. 2000/1041, art. 2(d), Sch.
F20Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(c)
F21Definitions in s. 128(1) inserted (1.4.1998 for specified purposes, 10.12.1998 for further purposes and otherwise prosp.) by 1997 c. 46, s. 41(10), Sch. 2 para. 28; S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5); S.I. 1998/2840, art. 2(3), Sch. (with art. 3)
F22Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(d)
F23Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(c)
F24Words in the definition of “health service hospital” in s. 128(1) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F25Definition of “high security psychiatric services” in s. 128(1) inserted (1.4.2000) by 1999 c. 8, s. 65, Sch. 4 para. 38(2)(b); S.I. 1999/2793, art. 2(3)(a), Sch. 3
F26Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(d)
F27Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102(2), Sch. 17
F28Words in the definition of “local authority” in s. 128(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(3)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F29Words in the definition of “local authority” in s. 128(1) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)
F30Words in the definition of “local education authority” in s. 128(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(1), Sch. 37 para. 45 (with s. 1(4), Sch. 39)
F31Words in the definition of “local social services authority” in s. 128(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(3)(b) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F32Definition substituted by Medical Act 1983 (c. 45, SIF 83:1), s. 56(1), Sch. 5 para. 16(b)
F33Definitions inserted (the insertion not being in force until 1.4.1991 so far as it relates to the definition of “NHS contract”) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(d)
F34Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(e)
F35Words substituted by Opticians Act 1989 (c. 44, SIF 83:1), s. 37(1)(a)
F36Words substituted by Opticians Act 1989 (c. 44, SIF 83:1), s. 37(1)(b)
F37Definition inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(f)
F38Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(g)
F39Definition of “PCT order” in s. 128(1) inserted (4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(2)(c); S.I. 1999/2342, art. 2(3)(a), Sch. 2
F40Definition inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(h)
F41Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 26(2)(i)
F42Definition of “special hospital” in s. 128(1) repealed (1.4.2000) by 1999 c. 8, s. 65, Sch. 5; S.I. 1999/2793, art. 2(3)(a), Sch. 3
F43Definition substituted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 77(e)
F44S. 128(1A) inserted (1.9.1999 for E. for specified purposes, 1.12.1999 for W. for specified purposes, 4.1.2000 for E. for other specified purposes and otherwiseprosp.) by 1999 c. 8, ss. 65, 67, Sch. 4 para. 38(3); S.I. 1999/2342, art. 2(1)(3)(a), Schs. 1, 2; S.I. 1999/3184, art. 2(2), Sch. 2
Marginal Citations
M31984 c. 24(83:1).
M41958 c. 32(83:1).
M71983 c. 20(85).
M81978 c. 30(115:1).
Schedule 14 to this Act is hereby given effect, and subject to the transitional provisions and savings contained in that Schedule—
(a)the enactments and the Order specified in Schedule 15 to this Act have effect subject to the amendments (being amendments consequent on this Act) specified in that Schedule, and
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
but nothing in this Act shall be taken as prejudicing the operation of [F46sections 16(1) and 17(2)(a) of the M9Interpretation Act 1978] (which relates to the operation of repeals).
Textual Amendments
F46Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 25(2)
Marginal Citations
M91978 c. 30(115:1).
(1)This Act may be cited as the National Health Service Act 1977.
(2)This Act does not extend to Scotland, except as is mentioned in paragraph 3 of Schedule 11 to this Act.
(3)The following provisions only of this Act apply to Northern Ireland—
(a)this subsection and subsections (1) above and (5) below;
(b)section 57 above and Schedule 11 to this Act;
F47(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)paragraph 13 of Schedule 14 to this Act so far as it relates to any enactment which extends to Northern Ireland;
(e)paragraph (a) of section 129 above and Schedule 15 to this Act so far as they amend any enactment and order which extends to Northern Ireland;
(f)paragraph (b) of section 129 and Schedule 16 to this Act so far as they repeal any enactment which extends to Northern Ireland.
(4)The Secretary of State may by order provide that this Act shall extend to the Isles of Scilly with such modifications, if any, as are specified in the order, and except as provided in pursuance of this subsection this Act does not extend to the Isles of Scilly.
The Secretary of State may by any such order amend or repeal any provisions contained in the Isles of Scilly Orders 1927 to 1943.
(5)This Act shall come into force on the expiry of the period of one month beginning on the date of its passing.
Textual Amendments
F47S. 130(3)(c) repealed (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 3
Modifications etc. (not altering text)
C4S. 130(4) extended by Mental Health Act 1983 (c. 20, SIF 85), s. 149(4)