Part V Miscellaneous and General

I159 Parliamentary disqualification.

F11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In the said Part III there shall be inserted (at the appropriate place) the following entry—

Chairman or non-executive member of a National Health Service trust established under the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978

3

In the said Part III—

a

in the entry which begins “Paid Chairman of a Health Board”, for the words “Paid Chairman” there shall be substituted “Chairman or any member, not being also an employee,”;

b

in the entry which begins “Chairman of the Management Committee of the Common Services Agency” after the word “Chairman” there shall be inserted “or any member, not being also an employee,”; and

c

in the entry relating to the Chairman of a committee constituted under section 91 of the M1Mental Health (Scotland) Act 1984, after the word “Chairman” there shall be inserted “or any member, not being also an employee”.

I260 Removal of Crown immunities.

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 F2National Health Service Act 2006, the National Health Service (Wales) Act 2006,F3the Mental Health (Scotland) Act 1984 or the M2Health and Medicines Act 1988 or by virtue of orders under section 2 or section 10 of the M3National 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 F4Part 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 F4that 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 M4Registered 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 M5Patents 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 F5the National Health Service Act 2006 or Part I or Part III of the M6National 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—

F6a

F7a Strategic Health Authority F8established under section 13 of the National Health Service Act 2006 or a Health Authority F9. . . ;

aa

a Special Health Authority established under F10section 28 of that Act 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 M7National Health Service (Scotland) Act 1978;

c

F11a State Hospital Management Committee constituted under section 91 of the M8Mental Health (Scotland) Act 1984;

F12d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

the Common Services Agency for the Scottish Health Service;

f

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

the Scottish Dental Practice Board; F14. . .

h

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61 Health service bodies: taxation.

1

In Part XII of the M10Income and Corporation Taxes Act 1988 (special classes of companies and business: miscellaneous businesses and bodies) after section 519 there shall be inserted the following section—

519A Health service bodies.

1

A health service body—

a

shall be exempt from income tax in respect of its income, and

b

shall be exempt from corporation tax,

and, so far as the exemption from income tax conferred by this subsection calls for repayment of tax, effect shall be given thereto by means of a claim.

2

In this section “health service body” means—

a

a health authority, within the meaning of the National Health Service Act 1977;

b

a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990;

c

a Family Health Services Authority;

d

a Health Board or Special Health Board, the Common Services Agency for the Scottish Health Service and a National Health Service trust respectively constituted under sections 2, 10 and 12A of the National Health Service (Scotland) Act 1978;

e

a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984;

f

the Dental Practice Board;

g

the Scottish Dental Practice Board; and

h

the Public Health Laboratory Service Board.

2

F16F15F25C1C23

In the case of a body falling within subsection (3A) below—

a

where any conveyance, transfer or lease is made or agreed to be made to the body, no stamp duty shall be chargeable under Part 1 or 2, or paragraph 16, of Schedule 13 to the Finance Act 1999 on the instrument by which the conveyance, transfer, lease, or the agreement for it, is effected;

b

where the body is the purchaser in relation to a land transaction, the land transaction is exempt from charge for the purposes of stamp duty land tax.

3A

The bodies are—

a

a National Health Service trust established under Part 1 of this Act or Part 1 of the National Health Service (Scotland) Act 1978;

b

a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991;

c

a Primary Care Trust;

d

a Local Health Board.

3B

Relief under subsection (3)(b) above must be claimed in a land transaction return or an amendment of such a return.

3C

In this section—

  • “land transaction” has the same meaning as in Part 4 of the Finance Act 2003 (see section 43(1) of that Act);

  • “land transaction return” shall be construed in accordance with section 76(1) of that Act;

  • “purchaser” has the same meaning as in Part 4 of that Act (see section 43(4) of that Act).

F174

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

At the end of Schedule 3 to the Inheritance Tax Act 1984 (gifts for national purposes) there shall be added—

A health service body, within the meaning of section 519A of the Income and Corporation Taxes Act 1988

61AF24Health service bodies: stamp duty land tax

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1962. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I363 Repeal of remaining provisions of Health Services Act 1976.

1

Part III (control of hospital building outside National Health Service) and Part IV (supplementary and general) of the M9Health Services Act 1976 shall cease to have effect.

2

Notwithstanding the repeal of Part III of the Health Services Act 1976 by this Act,—

a

that Part shall continue to have effect in relation to any authorisation granted by the Secretary of State under section 13(2) of that Act which is in force when that repeal takes effect; F20and

b

the amendment made by section 19(4)(b) of that Act shall continue to have effect.

64 Financial provisions.

1

There shall be paid out of moneys provided by Parliament—

a

any sums required by the Secretary of State for making loans to a National Health Service trust;

b

any sums required by the Secretary of State for fulfilling a guarantee of a sum borrowed by a National Health Service trust;

c

any amount paid as public dividend capital under paragraph 5 of Schedule 3 to this Act;

d

any expenses of the Secretary of State under this Act; and

e

any increase attributable to this Act in the sums so payable under any other enactment.

2

Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

65 Regulations, orders and directions.

1

Any power to make regulations conferred by this Act shall be exercisable by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

2

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I466 Amendments and repeals.

1

Schedule 9 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.

2

The enactments specified in Schedule 10 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

67 Short title, commencement and extent.

1

This Act may be cited as the National Health Service and Community Care Act 1990.

P1P22

This Act, other than this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes and for different areas or descriptions of areas.

P23

An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force.

4

F22. . . Part II, other than section 34, and Part IV of this Act do not extend to England and Wales; and Part III of this Act, other than subsections (3) and (4) of section 42, subsections (1) and (3) to (6) of section 44 and section 45, does not extend to Scotland.

5

This Act, other than sections 59 F23,61 and 62 , does not extend to Northern Ireland.

P36

The Secretary of State may by order made by statutory instrument provide that so much of this Act as extends to England and Wales shall apply 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, Parts I and III of this Act do not apply to the Isles of Scilly.