SCHEDULES
X1SCHEDULE 1 Amendments consequential on changes in the local administration of the Health Service
Part I Amendments relating to District Health Authorities
The Public Health Act 1936
F11
In section 143(3) of the M1Public Health Act 1936 after the words “Area Health Authorities” there shall be inserted the words “
District Health Authorities
”
.
2
In section 169(1) of the Public Health Act 1936, between the words “Area” and “Health Authority” there shall be inserted the words “
or District
”
.
3
In section 244(1) of the Public Health Act 1936, between the words “Area” and “Health Authority” there shall be inserted the words “
or District
”
.
The Polish Resettlement Act 1947
F24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
The Recall of Army and Air Force Pensioners Act 1948
F46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
The Midwives Act 1951
F69
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Landlord and Tenant Act 1954
F710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Nurses Act 1957
F811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Public Records Act 1958
12
In Schedule 1 to the M2Public Records Act 1958, in the entries in the Table relating to National health service hospitals, for the words from “Regional” to “Area” (in both places) there shall be substituted the words “
Regional, Area or District
”
.
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
The Radioactive Substances Act 1960
F1014
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
The Parliamentary Commissioner Act 1967
F1216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Abortion Act 1967
17
1
In section 1(3) of the M3Abortion Act 1967, for the words from “the Minister” to the end there shall be substituted the words “
the Secretary of State for the purposes of his functions under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 or in a place approved for the purposes of this section by the Secretary of State.
”
2
In section 3(1) of the Abortion Act 1967, for the words from “a Minister” to “Acts” there shall be substituted the words “
the Secretary of State
”
.
The Leasehold Reform Act 1967
F1318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health Services and Public Health Act 1968
19
F141
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F152
In section 48(2), in paragraph (a), after the words “whose area” there shall be inserted the words “
or the District Health Authority within whose district
”
and, in paragraph (b), after the words “for that area”, there shall be substituted the words “
or the District Health Authority for the district
”
.
F143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F155
In section 70(1), after the words “whose area”, there shall be inserted the words “
or the District Health Authority within whose district
”
.
The Post Office Act 1969
F1620
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
The Local Government Act 1972
F1822
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Health Service Reorganisation Act 1973
F1923
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health and Safety at Work, etc. Act 1974
F2024
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Trade Union and Labour Relations Act 1974
F2125
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The House of Commons Disqualification Act 1975
F2226
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23The Nursing Homes Act 1975
Sch. 1 para. 27 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3
27
In section 2(3)(a) of the M4Nursing Homes Act 1975, for the words “by virtue of” there shall be substituted the words “
for the purposes of his functions under
”
.
The National Health Service Act 1977
F2428
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
30
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
F2731
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2832
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2933
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3034
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
F3236
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
F3438
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3539
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3640
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3741
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
43
Section 30 of the Act of 1977 shall be amended as follows—
a
in subsection (1), . . . F78immediately before the words “be entitled” there shall be inserted the words “
subject to the provisions of this Part of this Act relating to the disqualification of practitioners
”
; and
F79b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
F4050
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
52
In section 39 of the Act of 1977, in paragraph (b), after the words “the provisions of this” there shall be inserted the words “
Part of this
”
, . . . F80
53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
55
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44
56
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
58
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
F4762
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4863
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4964
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5065
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66
In section 88 of the Act of 1977, in subsection (1) for the words “so vests” there shall be substituted the words “
is so vested
”
and in subsection (2) for the words “section 6 of the Act of 1946” there shall be substituted the words “
the exercise of the power hereby conferred
”
.
F5167
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68
In section 95(1) of the Act of 1977 for the word “and” (where first occurring) there shall be substituted the word “
or
”
.
69
Section 98 of the Act of 1977 shall be amended as follows—
F52a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
F5470
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5571
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5672
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5773
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5874
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5975
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76 F60
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
77
Section 128(1) of the Act of 1977 shall be amended as follows—
F81a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82
c
in the definition of “the health service”, after the words “in pursuance of”, there shall be inserted the words “
section 1 of the National Health Service Act 1946 and continued under
”
;
d
in the definition of “health service hospital”, after the word “State”, there shall be inserted the words “
for the purposes of his functions
”
; and
e
for the definition of “voluntary”, there shall be substituted the following definition— “
“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;
”
.
78
F611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
79
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
F6480
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6581
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
82
F661
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
F664
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
83
In Schedule 15 to the Act of 1977, in paragraph 46(c), for the words “(a)(xvii) add “(xviii)””, there shall be substituted the words “
(a)(xviii) add “(xix)”
”
and in paragraph 47(c), for the words “(b)(xviii) add “(xix)””, there shall be substituted the words “
(b)(xix) add “(xx)”
”
.
The Employment Protection (Consolidation) Act 1978
F6884
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6985
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Nurses, Midwives and Health Visitors Act 1979
F7086
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Amendments relating to shared Family Practitioner Committees
87
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
98
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72
99
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73
C1SCHEDULE 2 Amendments consequential on the dissolution of the Health Services Board etc.
The text of Schedule 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F83The Health Services Act 1976
Sch. 2 paras. 1–6, Sch. 3 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10
1
In sections 12(1), 13(2) and (4), 14(1) and (3), 16(1)(a) and (b) and 17(6) and (7) of the Act of 1976 for the words “the Board” wherever they occur, there shall be substituted the words “
the Secretary of State
”
.
2
In section 13 of that Act—
a
in subsection (1) for the words from “the Board”, in the first place where they occur, onwards there shall be substituted the words “
the Secretary of State
”
; and
b
in subsection (2) for the word “it” there shall be substituted the word “
he
”
.
3
In section 14 of that Act—
a
in subsection (1) for the word “it” there shall be substituted the word “
him
”
; and
b
subsection (5) shall be omitted.
4
In section 16 of that Act—
a
for paragraphs (d) and (e) of subsection (1) there shall be substituted the following paragraphs—
d
for enabling the Secretary of State to require such person or persons as he may appoint to afford the applicant for an authorisation a hearing and to report to the Secretary of State;
e
for determining the locality of, and entitling persons other than the applicant to appear and be heard at, such a hearing;
b
subsection (2) shall be omitted; and
c
in subsection (4) for the words “under the direction of the Board” there shall be substituted the words “
under his direction
”
.
5
In section 17 of that Act—
a
in subsection (1) for the words “the Board”, in the first place where they occur, there shall be substituted the words “
the Secretary of State
”
and for the words “the Board”, in the second and third places where they occur, there shall be substituted the words “
a person or persons appointed by the Secretary of State
”
;
b
in subsections (1) and (3) for the words “the Board’s” there shall be substituted the words “
the Secretary of State’s
”
;
c
in subsection (4) for the words “The Board and the Secretary of State” there shall be substituted the words “
The Secretary of State
”
; and
d
in subsection (7), for the word “it” there shall be substituted the word “
he
”
.
6
In section 22(2) of that Act paragraph (a) and the words “under paragraph 10 of Schedule 1 to this Act or” shall be omitted.
The National Health Service Act 1977
F847. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F858. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F869. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
In section 128(1) of that Act the definitions of “Health Services Board” and “Welsh Committee” shall be omitted.
The National Health Service (Scotland) Act 1978
11
In the Scottish Act of 1978—
F87a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
in section 108(1), the definitions of “Health Services Board” and “Scottish Committee”, shall be omitted.
F74X2SCHEDULE 3 Minor and consequential amendments of the Act of 1976
The text of Schedule 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Sch. 2 paras. 1–6, Sch. 3 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10
1
In this Schedule references to sections are references to sections of the Act of 1976.
2
1
In subsection (2) of section 13 (authorisations to construct or extend controlled premises) for the words “the National Health Service Acts” and “those Acts” (in both cases as originally enacted) there shall be substituted the words “
the principal Act
”
and “
that Act
”
respectively.
2
For subsection (3) of that section there shall be substituted the following subsection—
3
The matters referred to in subsection (2) above are—
a
how much accommodation and what facilities are or will be provided at, and what are or will be the staffing requirements of, relevant hospital premises in the area or areas served by the health service hospital or hospitals concerned;
b
how much accommodation or additional accommodation the works would provide;
c
what facilities or additional facilities the works would enable to be provided; and
d
what staffing requirements or additional staffing requirements the works would give rise to.
3
In subsection (4) of that section after the words “as to” there shall be inserted the words “
the use of the premises,
”
.
3
In subsection (4) of section 16 (regulations in connection with the provisions of Part III) after the words “notifiable works” there shall be inserted the words “
or a notifiable change
”
.
4
In subsection (2)(a) of section 18 (offences) after the words “notifiable works” there shall be inserted the words “
or the making of any notifiable change
”
.
5
1
Section 20 (interpretation of Part III) shall be amended as provided in this paragraph.
2
After the definition of “controlled works” there shall be inserted the following definition— “
“health authority”
means, for England and Wales, an Area Health Authority or a District Health Authority or, for Scotland, a Health Board;
”
.
3
In the definition of “hospital premises” for the words “has the meaning given by section 14(7)” there shall be substituted the words “
and “hospital services” have the meanings given by section 12(2)
”
.
4
In the definition of “notifiable works” for the words “has the meaning” there shall be substituted the words “
and “notifiable change” have the meanings
”
.
5
After the definition of “prescribed” there shall be inserted the following definition— “
“relevant hospital premises”
has the meaning given by section 12(2) above;
”
.
6
1
In subsection (1) of section 23 (general interpretation, amendments and repeals) for the definition of
“the principal
Act” there shall be substituted the following definition— “
“the principal Act” means, for England and Wales, the M5National Health
Service Act 1977 or, for Scotland, the M6National Health Service (Scotland) Act 1978;
”
.
2
After subsection (2) there shall be inserted the following subsection—
2A
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 may be so provided this Act does not extend to the Isles of Scilly.
SCHEDULE 4 Nursing Homes and Mental Nursing Homes, etc.
Part I England and Wales
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
X6Part II Scotland
The text of Schedule 4 Pt. II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
6
In this Part of this Schedule references to sections are, where not further identified, references to sections of the M9Nursing Homes Registration (Scotland) Act 1938.
7
In section 1 (registration of nursing homes)—
a
after subsection (1) there shall be inserted the following subsection—
1A
If any person carries on a nursing home in contravention of a condition of his registration in respect of that home he shall be guilty of an offence against this Act.
F88b
after paragraph (bb) of the proviso to subsection (3), there shall be inserted the following—
; or
bc
that the use of the home or any premises used in connection therewith is in contravention of any term contained in an authorisation under section 13 of the said Act of 1976; or
c
for paragraphs (c) and (d) of the said proviso there shall be substituted the following paragraphs—
c
in the case of a nursing home other than a maternity home—
i
that the home is not, or will not be, in the charge of a person who is either a registered medical practitioner or a qualified nurse; or
ii
that the condition mentioned in subsection (3B) below is not, or will not be, fulfilled in relation to the home; or
d
in the case of a maternity home—
i
that the home is not, or will not be, in the charge of a person who is either a registered medical practitioner or a certified midwife and qualified nurse; or
ii
that the condition mentioned in subsection (3B) below is not, or will not be, fulfilled in relation to the home
d
after subsection (3) there shall be inserted the following subsections—
3A
In the proviso to subsection (3) above “qualified nurse” in relation to a home, means a nurse possessing such qualifications as may be specified in a notice served by the Board on the person carrying on or proposing to carry on the home.
3B
The condition referred to in the proviso to subsection (3) above is that such number of nurses possessing such qualifications and, in the case of a maternity home, such number of certified midwives as may be specified in a notice served by the Health Board on the person carrying on or proposing to carry on the home are on duty in the home at such times as may be so specified.
3C
In preparing any notice under subsection (3A) or (3B) above, the Health Board shall have regard to the class and, in the case of a notice under subsection (3B) above, the number of patients for whom nursing care is or is to be provided in the home.
3D
It shall be a condition of the registration of any person in respect of a nursing home that the number of persons kept at any one time in the home (excluding persons carrying on, or employed in, the home, together with their families) does not exceed such number as may be specified in the certificate of registration.
3E
Without prejudice to subsection (3D) abvoe, any such registration may be effected subject to such conditions (to be specified in the certificate of registration) as the Health Board may consider appropriate for regulating the age, sex or other category of persons who may be received into the home in question.
3F
The Health Board may, upon application in writing made to them by the person registered in respect of a nursing home, vary any condition of the registration of that person in respect of that nursing home imposed by or under subsection (3D) or (3E) above.
3G
A variation under subsection (3F) above may be for a definite or indefinite period.
8
In section 2(1) (cancellation of registration)—
a
before the proviso there shall be inserted the words “
or on the ground that any condition imposed by or under section 1(3D) to (3G) of this Act has not been complied with
”
; and
b
in the proviso after the words “Provide that” there shall be inserted the following words—
a
where a person’s registration in respect of a nursing home is in force immediately before the coming into force of paragraph 8 of Schedule 4 to the Health Services Act 1980, the Health Board shall not cancel the registration on any ground mentioned in paragraph (c) or (d) of the proviso to subsection (3) of section 1 of this Act before the expiration of the period of three months beginning with the day on which the relevant notice is served by them under subsection (3A) or (3B) of that section; and
b
9
After section 3 there shall be inserted the following section—
3A Conduct and inspection of nursing homes.
The Secretary of State may make regulations—
a
as to the conduct of nursing homes;
b
with respect to entry and the inspection of premises used or reasonably believed to be used as a nursing home;
c
with respect to the production and inspection of records required to be kept under this Act, and regulations made under paragraph (a) above may include provision as to the facilities and services to be provided in nursing homes.
10
In section 4 (regulations) for subsection (2) there shall be substituted the following subsection—
2
Any regulations under this Act shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
11
Section 5 shall be omitted.
12
In section 7 (power to exempt Christian Science Homes), in subsection (1), for the words from “any requirement” to the end there shall be substituted the words “
the provisions of this Act.
”
.
13
In section 10—
a
the definition of “pupil midwife” and “qualified nurse” shall be omitted;
b
for the definition of “nursing home” there shall be substituted the following— “
“nursing home”
has the meaning given by subsection (2) below;
”
; and
c
in the definition of “certified midwife”, for the word “1915” there shall be substituted the word “
1951
”
.
14
The said section 10 shall be renumbered as subsection (1) of that section, and after that subsection there shall be inserted the following subsections—
2
In this Act “nursing home” means, subject to subsection (3) below—
a
any premises used, or intended to be used, for the reception of, and the provision of nursing for, persons suffering from any sickness, injury or infirmity;
b
any maternity home; and
c
any premises not falling within either of the preceding paragraphs which are used, or intended to be used, for the provision of all or any of the following services, namely—
i
the carrying out of surgical procedures under anaesthesia;
ii
the termination of pregnancies;
iii
endoscopy;
iv
haemodialysis or peritoneal dialysis.
3
The definition in subsection (2) above does not include—
a
any hospital or other premises maintained or controlled by a government department or local authority or any other authority or body established or incorporated by or under any local Act or by Royal Charter;
b
any private hospital within the meaning of the M10Mental Health (Scotland) Act 1960;
c
any sanatorium provided at a school or educational establishment and used or intended to be used solely by persons in attendance at, or members of the staff of, that school or establishment or members of their families;
d
any first aid or treatment room provided at factory premises, at premises to which the M11Offices, Shops and Railway Premises Act 1963 applies or a sports ground, show ground or place of public entertainment;
e
any premises used, or intended to be used, wholly or mainly—
i
by a medical practitioner for the purpose of consultations with his patients;
ii
by a dental practitioner or chiropodist for the purpose of treating his patients; or
iii
for the provision of occupational health facilities;
f
any premises used, or intended to be used, wholly or mainly as a private dwelling; or
g
any other premises excepted from that definition by regulations made by the Secretary of State.
15
In section 16(1) of the M12Mental Health (Scotland) Act 1960 (prerequisites of registration of private hospital) after paragraph (bb) there shall be inserted the following paragraph—
bc
that the use of the hospital or any premises used in connection therewith is in contravention of any term contained in an authorisation under section 13 of the said Act of 1976;
16
In Schedule 7 to the M7Nurses, Midwives and Health Visitors Act 1979—
a
in paragraph 1, the words from “and”, where it first occurs, to the end and paragraphs 2 and 3(b) shall be omitted; and
b
in paragraph 3(a), for the words “definitions of “qualified nurse” and” there shall be substituted the words “
definition of
”
.
X3SCHEDULE 5 Amendments of the Act of 1977 and the Scottish Act of 1978 relating to exemptions from charges for certain services and appliances
The text of Schedule 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Part I Amendments of the Act of 1977
Exemption from charges for appliances
1
In paragraph 1(1)(c) of Schedule 12 to the Act of 1977, for the words “or is undergoing full-time education in a school, or”, there shall be substituted the words “
or is under 19 years of age and receiving qualifying full-time education, or
”
.
Exemption from charges for dental or optical appliances
2
1
Paragraph 2 of the said Schedule 12 shall be amended as provided in this paragraph.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76
3
For sub-paragraph (4)(a), there shall be substituted,—
a
was under 16 years of age or was under 19 years of age and receiving qualifying full-time education; or
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76
5
In sub-paragraph (8), after the word “replacement”, where it first occurs, there shall be inserted the words “
and, in the case of dentures, to their being relined or adjusted or having additions made to them,
”
.
Exemptions from charges for dental treatment
3
1
Paragraph 3 of the said Schedule 12 shall be amended as provided in this paragraph.
2
In sub-paragraph (4), for the words from “(a) was under 21 years” to “in a school”, there shall be substituted—
a
was under 18 years of age or was under 19 years of age and receiving qualifying full-time education, or
and the words from “if” to the end shall be omitted.
3
In sub-paragraph (5), for the words from “under section 79(1)” to “to a denture” there shall be substituted the words “
made with respect to any exemption under sub-paragraph (4) above
”
.
Interpretation
4
For paragraph 7 of the said Schedule 12, there shall be substituted the following paragraph—
7
References in this Schedule to qualifying full-time education mean full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and for the purposes of such references—
a
“recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; and
b
regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.
Part II Amendments of the Scottish Act of 1978
Exemption from charges for appliances
5
In paragraph 1(1)(c) of Schedule 11 to the Scottish Act of 1978, for the words “or is undergoing full-time education in a school, or”, there shall be substituted the words “
or is under 19 years of age and receiving qualifying full-time education, or
”
.
Exemption from charges for dental or optical appliances
6
1
Paragraph 2 of the said Schedule shall be amended as provided in this paragraph.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77
3
For sub-paragraph (4)(a), there shall be substituted,—
a
was under 16 years of age or was under 19 years of age and receiving qualifying full-time education; or
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77
5
In sub-paragraph (8), after the word “replacement”, where it first occurs, there shall be inserted the words “
and, in the case of dentures, to their being relined or adjusted or having additions made to them,
”
.
Exemptions from charges for dental treatment
7
1
Paragraph 3 of the said Schedule 11 shall be amended as provided in this paragraph.
2
In sub-paragraph (4), for the words from “(a) was under 21 years” to “in a school”, there shall be substituted—
a
was under 18 years of age or was under 19 years of age and receiving qualifying full-time education, or
and the words from “if” to the end shall be omitted.
3
In sub-paragraph (5), for the words from “under section 71(1)” to “to a denture” there shall be substituted the words “
made with respect to any exemption under sub-paragraph (4)
”
.
Interpretation
8
After paragraph 6 of the said Schedule 11, there shall be inserted the following paragraph—
7
References in this Schedule to qualifying full-time education mean full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and for the purposes of such references—
a
“recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; and
b
regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.
X4SCHEDULE 6 Other minor amendments
The text of Schedule 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
The National Health Service (Scotland) Act 1978
1
1
In subsection (6) of the Scottish Act of 1978 (local health councils) after the word “thereof,” there shall be inserted “
and of any body established under subsection (9)(g),
”
.
2
After paragraph (f) of section 7(9) of that Act there shall be inserted the following paragraphs—
g
for the establishment of a body—
i
to advise local health councils with respect to the performance of their functions, and to assist those councils in the performance of their functions; and
ii
to perform such other functions as may be prescribed;
h
relating to the membership, proceedings, staff, premises and expenses of any body established under paragraph (g).
2
In subsection (1) of section 10 of that Act (common Services Agency) for the words “health service” there shall be substituted the words “
Scottish Health Service
”
.
3
In section 20 of that Act (applications to provide general medical services) immediately before the words “be entitled” there shall be inserted the words “
subject to the provisions of this Part of this Act relating to the disqualification of practitioners
”
; and the words “(except as mentioned in subsection (2))” and subsection (2) shall be omitted.
4
In section 25(3) of that Act (remuneration of dentists providing general dental services) the words “except in special circumstances” shall be omitted and at the end there shall be inserted—
unless either—
a
the remuneration is paid in pursuance of arrangements made under section 33, or
b
the services are provided in prescribed circumstances and the practitioner consents,
and it shall be the Secretary of State’s duty, before he prescribes any circumstances for the purposes of paragraph (b), to consult such organisations as appear to him to be representative of the dental profession.
5
1
In section 105(7) of that Act (power to make regulations and orders)—
a
there shall be inserted after the word “power” where it first occurs the words “
conferred by this Act
”
;
b
the words from “under sections 2” to “Schedule 5” shall be omitted;
c
in paragraph (a) for the words “particular case or cases” there shall be substituted the words “
specified cases or classes of case
”
; and
d
at the end there shall be inserted— “
This subsection does not apply to the regulations made under section 22 (but without prejudice to subsection (3) of that section) or to an order made under section 49 (but without prejudice to paragraph 1(1) of Schedule 10).
”
.
6
Section 108(1) of that Act (definitions) shall be amended as follows—
a
in the definition of “health service hospital”, after the word “State” there shall be inserted the words “
for the purposes of his functions
”
; and
b
for the definition of “voluntary” there shall be substituted the following definition— “
“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.
”
.
7
1
Schedule 1 to that Act shall be amended as provided in this paragraph.
2
In paragraph 5—
a
the words “, subject to regulations,” shall be omitted; and
b
at the end there shall be inserted the words “
in accordance with regulations and any directions given under this paragraph by the Secretary of State
”
.
3
In paragraph 7—
a
after the word “regulations” where it first occurs there shall be inserted the words “
or any directions given under paragraph 5
”
; and
b
at the end there shall be inserted the words “
or, as the case may be, the directions
”
.
4
In paragraph 11—
a
after sub-paragraph (b) there shall be inserted the word “
and
”
; and
b
sub-paragraph (d) and the word “and” immediately preceding it shall be omitted.
5
After paragraph 11 there shall be inserted the following paragraph—
11A
A Health Board may subscribe to the funds of any associations or other bodies having objects of which the Board approves.
8
1
Schedule 5 to that Act shall be amended as provided in this paragraph.
2
After paragraph 3 there shall be inserted the following paragraph—
3A
The Secretary of State may pay to the chairman of the management committee such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.
3
In paragraph 7—
a
the words “, subject to regulations,” shall be omitted; and
b
at the end there shall be inserted the words “
in accordance with regulations and any directions given under this paragraph by the Secretary of State.
”
.
4
In paragraph 9—
a
after the word
“regulations” where it first occurs there shall be inserted the words “
or any directions given under paragraph 7
”
; and
b
at the end there shall be inserted the words “
or, as the case may be, the directions
”
.
9
In paragraph 3 of Schedule 14 to that Act—
a
for the words “an Executive Council” there shall be substituted the words “
a Joint Ophthalmic Committee
”
;
b
sub-paragraph (b) shall be omitted;
c
in sub-paragraph (c) the words “or order” and “or that order” shall be omitted.
10
In paragraph 13(b) of Schedule 15 to that Act, after the word “of”, where it first occurs, there shall be inserted the words “
this Act
”
.
The Nurses, Midwives and Health Visitors Act 1979
11
1
After paragraph 6 of Schedule 7 to the M8Nurse, Midwives and Health Visitors Act 1979 there shall be inserted the following paragraph—
6A
In section 33—
a
in subsection (5) omit the words from the beginning to “this section and” and for the word “him” substitute “the Secretary of State”; and
b
in subsection (6) omit the words from the beginning to “is exercised and”.
2
In Schedule 8 to the Nurses, Midwives and Health Visitors Act 1979 in column 3 of the entry relating to the Nurses (Scotland) Act 1951 for the words “except section 36(1) and (2)” there shall be substituted “
except sections 33(4) to (6) and 36(1) and (2)
”
.
X5SCHEDULE 7 Enactments repealed
The text of Schedule 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Chapter | Short Title | Extent of Repeal |
|---|---|---|
1938 c. 73. | The Nursing Homes Registration (Scotland) Act 1938. | Section 5. |
In section 10, the definitions of “pupil midwife” and “qualified nurse”. | ||
1967 c. 87. | The Abortion Act 1967. | In section 6, the definition of “the National Health Service Acts”. |
1971 c. 62. | The Tribunals and Inquiries Act 1971. | In section 8(2) the words “7A” and “37A”. |
In Schedule 1, paragraphs 7A and 37A. | ||
1972 c. 11. | The Superannuation Act 1972. | In Schedule 1, the entry relating to the Health Services Board. |
1973 c. 32. | The National Health Service Reorganisation Act 1973. | In section 15(3), the words from “but nothing” to the end. |
1975 c. 24. | The House of Commons Disqualification Act 1975. | In Part II of Schedule 1, the entries relating to the Health Services Board and the Scottish and Welsh Committees of that Board. |
1975 c. 37. | The Nursing Homes Act 1975. | Section 5(2). |
In section 20, subsection (2), and the definitions of “pupil midwife” and “qualified nurse” in subsection (1). | ||
1976 c. 83. | The Health Services Act 1976. | Section 1. |
Section 3. | ||
Section 6. | ||
Section 14(5). | ||
Section 16(2). | ||
In section 21 the words “subject to section 8(8) above”. | ||
In section 22(2), paragraph (a) and the words “under paragraph 10 of Schedule 1 to this Act or”. | ||
In section 23, in subsection (1), the definition of “NHS hospital” and subsection (5). | ||
In section 24— (a) in subsection (1) the words from “and Part II of this Act” onwards; and (b) in subsection (3) the words “except so gar as it amends the House of Commons Disqualification Act 1975”. | ||
Schedules 1 and 2. | ||
1977 c. 49. | The National Health Service Act 1977. | In section 6, subsections (1) and (2), in subsection (3) the words “after consultation with the Central Council” and “and the Council”, in subsection (5) the words “and the Central Council”, the words “or the Council” and the words following paragraph (b), and subsections (6) and (7). |
In section 23(1), the paragraph beginning “In this section”. | ||
In section 30, the words “(except as mentioned in subsection (2) below)” and subsection (2). | ||
In section 41 the word “and” at the end of paragraph (a). | ||
Sections 59 and 60. | ||
Section 65(6). | ||
Section 66(3). | ||
Sections 67 to 71. | ||
Sections 73 to 76. | ||
In section 100(1), paragraph (a). | ||
In section 101, the words from “but this section” onwards. | ||
In section 102(1)(a), in subparagraph (i), the words “the Central Council”, the words from “and that Council” to “this Act” and the words “under that paragraph”. | ||
In section 109, paragraph (g) and the word “and” immediately preceding that paragraph. | ||
In section 110, paragraph (d) and the word “or” immediately preceding that paragraph. | ||
In section 119— (a) in subsection (1) the words from “but paragraph (d)” onwards; (b) in subsection (3) paragraph (a) and, in paragraph (b), the words “in relation to any other investigation”; and (c) in subsection (4), paragraph (a) and, in paragraph (b), the word “other” in the first place where it occurs. | ||
In section 128(1) the definitions of “the Central Council”, “Health Services Board” and “Welsh Committee”. | ||
In Schedule 4, paragraph 1, in paragraph 2 the words “the Central Council, and of”, in paragraph 3, the words “the Central Council and to”, in paragraph 4, the words “The Central Council may appoint such committees, and”, the words “Central Council or” (in both places), the words “committee or” and the words “as the case may be”, in paragraph 5 the words “The Central Council and”, the words “Council or” (in both places) and the words “as the case may be” and, in paragraph 6 the words “the Central Council or of” and “Council or”. | ||
In Schedule 12, in paragraph 3(4), the words from “if” to the end. | ||
In Schedule 15, paragraphs 11, 41 and 68 to 70. | ||
1978 c. 29. | The National Health Service (Scotland) Act 1978. | Section 16(3). |
In section 20, the words “(except as mentioned in subsection (2))” and subsection (2). | ||
In section 25(3), the words “, except in special circumstances,”. | ||
Sections 51 and 52. | ||
Section 57(6). | ||
Section 58(3). | ||
Sections 59 to 63. | ||
Sections 65 to 68. | ||
In section 85(6) the words from “but” to the end. | ||
Section 93(1)(c). | ||
In section 96— (a) in subsection (1)(d) the words “subject to subsection (2)”; (b) subsection (2); (c) in subsection (4) paragraph (a) and, in paragraph (b), the words from the beginning to “investigation”; (d) in subsection (5) the words from “(other than” to “Committee)”; and (e) in subsection (6) the words from “shall” to “and” and the words “other” and “said”. | ||
In section 105(7) the words from “under sections 2” to “Schedule 5”. | ||
In section 108(1) the definitions of “full-time education in a school”, “Health Services Board” and “Scottish Committee”. | ||
In Schedule 1, in paragraph 5 the words “, subject to regulations,” and paragraph 11(d) and the word “and” immediately preceding it. | ||
In Schedule 5, in paragraph 7 the words “, subject to regulations,”. | ||
In Schedule 11, in paragraph 3(4), the words from “if” to the end. | ||
In Schedule 14, in paragraph 3 sub-paragraph (b) and in sub-paragraph (c) the words “or order” and “or that order.” | ||
In Schedule 16, paragraphs 25 and 43. | ||
1979 c. 36. | The Nurses, Midwives and Health Visitors Act 1979. | In Schedule 7, in paragraph 1, the words from “and” where it first occurs to the end and paragraphs 2, 3(b), 24 and 25. |
The text of Schedule 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.