National Health Service (Primary Care) Act 1997

SCHEDULES

Section 13(9).

SCHEDULE 1 E+W+S Preferential Treatment on Transferring to Medical Lists

Modifications etc. (not altering text)

C1 Sch. 1 modified as to exercise of functions of a Health Authority (1.4.2001) by S.I. 2001/747, reg. 6(3)(c)

Cases where preference is given E+W+S

1 (1) This Schedule applies if the Secretary of State determines under section 13 that a medical practitioner is to be given preferential treatment on making an application for his name to be included in [F1 the medical list of a Primary Care Trust, a Health Authority or a Health Board (in this Schedule referred to as an “authority”)]after ceasing to perform personal medical services in connection with the provision of such services under a pilot scheme and the conditions mentioned in sub-paragraph (2) are satisfied. E+W+S

(2) The conditions are that—

(a) the practitioner has made an application in the prescribed manner to the authority concerned for his name to be included in their medical list;

(b) his name has not been included in the list since he ceased to perform the services under the scheme; and

(c) he has not, since then, been nominated or approved in accordance with regulations under section 29B of the 1977 Act or (as the case may be) section 19B of the 1978 Act for appointment to fill a vacancy which relates (whether wholly or in part) to the authority’s area.

Textual Amendments

F1 Words in Sch. 1 para. 1 substituted (1.10.2002 for E. and W. and otherwiseprosp.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 10(2); S.I. 2002/2478, art. 3(1)(a)

Modifications etc. (not altering text)

C2 Sch. 1 para. 1(2)(c) modified (1.4.1998) (temp.) by S.I. 1998/631, art. 4

The preferential treatment E+W+S

2 (1) The authority must include the applicant’s name in their medical list unless— E+W+S

(a) the applicant is not eligible for inclusion in the list by virtue of a direction under paragraph 4;

(b) he is otherwise not eligible for inclusion in the list; or

(c) the question of whether to give a direction under paragraph 4 is not resolved.

(2) Where the authority are under a duty under sub-paragraph (1) in relation to the applicant, neither section 29A(2)(b) of the 1977 Act nor (as the case may be) section 19A(2)(b) of the 1978 Act (requirement as to nomination or approval) applies in relation to him.

(3) Regulations may make provision as to conditions to be attached to the applicant’s entry in the list in such cases.

(4) For the purposes of this paragraph, a person is not eligible for inclusion in a medical list if he is not eligible for inclusion in the list for the purposes of section 29A(2)(a) of the 1977 Act or (as the case may be) section 19A(2)(a) of the 1978 Act.

Modifications etc. (not altering text)

C3 Sch. 1 para. 2(2)(4) modified (1.4.1998) (temp.) by S.I. 1998/631, art. 4

Representations against preferential treatment E+W+S

3 (1) The Tribunal must inquire into any representations by the authority that the inclusion of the applicant’s name in their medical list would be prejudicial to the efficiency of the general medical services provided in their area. E+W+S

(2) The Tribunal may inquire into any similar representations by any other person.

(3) Where any representations of a kind mentioned in sub-paragraph (1) or (2) are made to the Tribunal and the applicant withdraws his application without the consent of the Secretary of State, the Tribunal may proceed to inquire into any of the representations, and exercise the powers in relation to disqualification conferred on them by this Schedule, as if the application had not been withdrawn.

(4) The representations must be made in the prescribed manner and before the end of such period as may be prescribed.

(5) Regulations may make provision for the publication of information about—

(a) applications to which this Schedule relates; and

(b) the right to make representations about such applications.

Power of Tribunal to give directions E+W+S

4 (1) If the Tribunal consider that the inclusion of the applicant’s name in the medical list would be prejudicial to the efficiency of the general medical services provided in the authority’s area, they— E+W+S

(a) must direct that the applicant’s name is not to be included in the list; and

(b) may, if they think fit—

(i) direct that his name is not to be included in any other medical list (whether kept under the 1977 Act or the 1978 Act); or

(ii) direct that his name is not to be included in any other specified medical list or lists kept under the appropriate Act.

(2) In sub-paragraph (1) “appropriate Act” means—

(a) in a case where the medical list to which sub-paragraph (1)(a) applies is kept under the 1977 Act, that Act; and

(b) in a case where the medical list to which sub-paragraph (1)(a) applies is kept under the 1978 Act, that Act.

(3) If the Tribunal give a direction under sub-paragraph (1)(b)(i) they may also, if they think fit, declare that the applicant is not fit to be engaged in any capacity in the provision of general medical services (whether under the 1977 Act or the 1978 Act).

(4) A direction by the Tribunal under this paragraph is binding on the authority or authorities concerned as from the time when the direction is given.

Termination of directions E+W+S

5 (1) A person’s name may not be included (whether by virtue of paragraph 2 or otherwise) in any medical list to which a direction under paragraph 4 relates before the Tribunal give a direction to the contrary under this paragraph. E+W+S

(2) For the purpose of deciding whether or not to give a direction under this paragraph, the Tribunal may hold an inquiry.

Directions in Northern Ireland E+W+S

6 E+W+S A person’s name may not be included in any medical list (whether by virtue of paragraph 2 or otherwise) if he is prevented under provisions in Northern Ireland which correspond to this Schedule from being included in all corresponding lists there.

Regulations E+W+S

7 (1) Regulations must provide— E+W+S

(a) for inquiries under this Schedule to be held in accordance with such procedure as may be prescribed by or determined under the regulations;

(b) for conferring on the Tribunal such powers as the Secretary of State considers necessary;

(c) for section 250 of the M1 Local Government Act 1972 (local inquiries) to apply, in relation to England and Wales, with such modifications (if any) as may be prescribed; and

(d) for the publication of decisions of the Tribunal under the regulations and of the imposition and removal of any disqualifications imposed under paragraph 6.

(2) The regulations must, in particular—

(a) provide for any person who is the subject of an inquiry to have an opportunity—

(i) of appearing, either in person or by counsel or solicitor or such other representative as may be prescribed, before the Tribunal; and

(ii) of being heard by the Tribunal and of calling witnesses and producing other evidence on his behalf; and

(b) provide for the hearing to be in public if the person who is the subject of the inquiry so requests.

Marginal Citations

M1 1972 c. 70.

Interpretation E+W+S

8 E+W+S For the purposes of this Schedule the question of whether to give a direction under paragraph 4 is resolved if—

(a) the period for making representations under paragraph 3 has ended without the Tribunal receiving any such representations;

(b) such representations have been received but the Tribunal have decided—

(i) not to inquire into them; or

(ii) not to give a direction under paragraph 4; or

(c) a direction has been given by the Tribunal.

9 E+W+S In this Schedule [F2 , an “authority” means a Primary Care Trust, a Health Authority or a Health Board, and]“the Tribunal” means—

(a) in relation to an applicant for inclusion in [F3 the medical list of a Primary Care Trust or of a Health Authority], the [F4 Family Health Services Appeal Authority constituted under section 49S] of the 1977 Act; or

(b) in relation to an applicant for inclusion in a Health Board’s medical list, the Tribunal constituted under section 29 of the 1978 Act.

Textual Amendments

F2 Words in Sch. 1 para. 9 inserted (1.10.2002 for E. and W. and otherwiseprosp.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 10(3)(a); S.I. 2002/2478 art. 3(1)(c)

F3 Words in Sch. 1 para. 9(a) substituted (1.10.2002 for E. and W. and otherwiseprosp.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 10(3)(b); S.I. 2002/2478, art. 3(1)(c)

F4 Words in Sch. 1 para. 9(a) substituted (1.10.2001 for E. for specified purposes and 1.12.2001 for E. subject to art. 4(2) of the commencing S.I. and 26.8.2002 for W.) by 2001 c. 15, s. 27(5)(b) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4, Sch.; S.I. 2002/1919 art. 3(1), Sch. Pt. II (subject totemp. amendments in S.I. 2002/1919, Sch. Pt. III)

Section 41(10) and (11).

SCHEDULE 2 U.K. Amendments

Part I U.K. Minor and Consequential Amendments

The Health Services and Public Health Act 1968 (c. 46) E+W+S

1 (1) The Health Services and Public Health Act 1968 is amended as follows. E+W+S

(2) In section 59(1), for “general medical services or general dental services” substitute “ general medical services, personal medical services, general dental services or personal dental services ”.

(3) After section 59(2) insert—

“(2A) In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those respective kinds under section 28C of the 1977 Act, section 17C of the 1978 Act or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.”

(4) After section 63(2)(b) insert—

“(ba) the provision or performance of a service in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the M2 National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;”.

Commencement Information

I1 Sch. 2 para. 1 partly in force; Sch. 2 para. 1 not in force at Royal Assent see s. 41; Sch. 2 para. 1 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

Marginal Citations

M2 1978 c. 29.

The Patents Act 1977 (c. 37) U.K.

2 U.K. In section 56(4)(a) of the Patents Act 1977, for the words from “provision of” to “Isle of Man” substitute “provision of—

(i) pharmaceutical services, general medical services or general dental services under Part II of the M3 National Health Service Act 1977, Part II of the National Health Service (Scotland) Act 1978, or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man, or

(ii) personal medical services or personal dental services provided in accordance with arrangements made under section 28C of the 1977 Act, section 17C of the 1978 Act, or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man”.

Commencement Information

I2 Sch. 2 para. 2 partly in force; Sch. 2 para. 2 not in force at Royal Assent see s. 41; Sch. 2 para. 2 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

Marginal Citations

M3 1977 c. 49.

The National Health Service Act 1977 (c. 49) U.K.

3 U.K. The 1977 Act is amended in accordance with paragraphs 4 to 31.

Commencement Information

I3 Sch. 2 para. 3 partly in force; Sch. 2 para. 3 not in force at Royal Assent see s. 41; Sch. 2 para. 3 in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(b), Sch. 2; Sch. 2 para. 3 in force for further certain purposes by S.I. 1998/1998, art. 2(2)(b), Sch. 2; Sch. 2 para. 3 in force for further certain purposes at 10.12.1998 by S.I. 1998/2840, art. 2, Sch.

4 (1) Section 15 is amended as follows. E+W+S

(2) After subsection (1) insert—

“(1ZA) It is the duty of each Health Authority, in accordance with regulations, to perform such functions in relation to section 28C arrangements as may be prescribed.

(1ZB) Regulations under subsection (1ZA) may, in particular—

(a) prescribe functions in relation to training;

(b) provide for appeals to the Secretary of State or a prescribed body in relation to functions prescribed by the regulations.”

[F5 (3) For subsection (1B) substitute—

“(1B) In relation to a Part II medical practitioner—

(a) whose name is included in the medical list of only one Health Authority, and

(b) who practises on his own or in partnership with others all of whom are Part II medical practitioners whose names are included only in that Authority’s medical list,

any reference in this Act or the M4 National Health Service and Community Care Act 1990 to the relevant Health Authority is to be construed as a reference to that Authority.

(1BA) In relation to a medical practitioner who is not within subsection (1B), any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant Health Authority is to be construed as a reference to the Authority in whose area most of the practice patients live.”]

[F5 (4) After subsection (1C) insert—

“(1D) In this section—

• “Part II medical practitioner” means a medical practitioner who provides general medical services under Part II and does not perform personal medical services under section 28C arrangements; and

• “practice patient” means—

  (a)

  in relation to a medical practitioner who practises otherwise than in partnership, an individual who is on that practitioner’s list of patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with section 28C arrangements, an individual who is on that single list);

  (b)

  in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with section 28C arrangements, an individual who is on that single list).”]

Textual Amendments

F5 Sch. 2 para. 4(3)(4) repealed (1.10.1999 for specified purposes for E., 1.4.2000 for specified purposes for W.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 2000/1041, art. 2(d), Sch.

Marginal Citations

M4 1990 c. 19.

5 (1) Section 26 is amended as follows. E+W+S

(2) For subsection (2) substitute—

“(2) The Secretary of State may supply or make available to persons—

(a) providing general medical services, general dental services, general ophthalmic services or pharmaceutical services, or

(b) providing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part,

such goods, materials or other facilities as may be prescribed.”

(3) In subsection (4), after the words “pharmaceutical services” at the end of paragraph (a) insert—

“(aa) persons performing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part,”.

Commencement Information

I4 Sch. 2 para. 5 partly in force; Sch. 2 para. 5 not in force at Royal Assent see s. 41; Sch. 2 para. 5 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

6 E+W+S After section 28G insert—

“28H Immunisation.

Where the Secretary of State arranges with medical practitioners for the vaccination or immunisation of persons against disease, he shall so far as reasonably practicable give every person providing, and every medical practitioner performing, personal medical services in accordance with section 28C arrangements an opportunity to participate in the arrangements for vaccination or immunisation.”

7 E+W+S After section 28H insert—

“28I Use of accommodation.

If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of personal medical services or personal dental services in accordance with section 28C arrangements, he may make the accommodation available on such terms as he thinks fit to persons providing those services.”

8 E+W+S In section 29(2), omit paragraphs (b) and (c).

9 E+W+S In section 32(1), for the definition of “applicant” substitute—

• ““applicant” means a medical practitioner who is seeking to be nominated or approved by a Health Authority in accordance with regulations under section 29B for appointment to fill a vacancy;”.

10 (1) Section 33 is amended as follows. E+W+S

(2) Omit subsection (1).

(3) In subsection (1B)—

(a) after “Act” insert “ or any regulations made under this Part of this Act ”; and

(b) for “the Medical Practices Committee are to refuse applications under section 30 above” substitute “ references under regulations made under section 29B are to be determined ”.

(4) After subsection (1B) insert—

“(1C) An order under subsection (1A) may, in particular, make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions of practice which relate to remuneration and are determined under regulations made under section 29B.”

(5) Omit subsections (2) to (6) and (8).

[F6 11 E+W+S In section 34(1)(a), omit from “(ii) the occurrence” to the end of the section.]

Textual Amendments

F6 Sch. 2 para. 11 repealed (prosp.) by 2001 c. 15, ss. 67, 70(2) Sch. 6 Pt. I (with ss. 64(9), 65(4))

12 E+W+S Omit section 36(1)(c).

[F7 13 E+W+S In section 41, for “in this Act referred to” substitute “ , together with additional pharmaceutical services provided in accordance with a direction under section 41A, referred to in this Act ”.]

Textual Amendments

F7 Sch. 2 para. 13 repealed (1.7.2002 for W. and otherwiseprosp.) by 2001 c. 15, ss. 67, 70(2), Sch. 6 Pt. II (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2, Sch. Pt. 1

14 E+W+S In section 43(3), after “41(d)” insert “ , or additional pharmaceutical services provided in accordance with a direction under section 41A, ”.

15 E+W+S In section 50, after “whom” insert “ general ophthalmic ”.

16 E+W+S In section 81(b), after “providing” insert “ personal dental services in accordance with section 28C arrangements or ”.

17 E+W+S In section 82(b), after “providing” insert “ personal dental services in accordance with section 28C arrangements or ”.

18 E+W+S In section 83, for paragraph (b) substitute—

“(b) for the purposes of section 78(1A) in relation to appliances provided as part of—

(i) general dental services, or

(ii) personal dental services provided in accordance with section 28C arrangements,

may provide for the reduction of the sums which would otherwise be payable by a Health Authority to the persons by whom those services are provided by the amount of the charges authorised by section 78(1A) in respect of those appliances.”

Prospective

F8 19 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 2 paras. 16-19 repealed (1.4.2006 for E., 1.4.2006 for W. for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4 Note; S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(i); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

20 E+W+S In section 85(1), references to functions conferred or imposed by or under the 1977 Act are to be construed as including references to functions conferred or imposed in relation to pilot schemes by or under this Act; and references to regulations and directions are accordingly to be construed as including regulations or directions under this Act.

21 E+W+S In section 86, the reference to a function conferred by virtue of the 1977 Act is to be construed as including a reference to a function conferred in relation to pilot schemes by virtue of this Act.

Commencement Information

I5 Sch. 2 para. 21 partly in force; Sch. 2 para. 21 not in force at Royal Assent see s. 41; Sch. 2 para. 21 in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(b), Sch. 2; Sch. 2 para. 21 in force at 1.10.1998 in so far as not already in force by S.I. 1998/1998, art. 2(2)(b), Sch. 2

22 E+W+S In section 97(6)(a), for “subsections (1) to (3), or subsection (4), above” substitute “ this section ”.

23 E+W+S In section 97A—

(a) in subsection (1)(a), for “amounts allotted to them for that year under subsections (2) and (3)” substitute “ amount allotted to them for that year under subsection (3) ”; and

(b) in subsection (9)(c)(i), omit “subsections (1) to (3) of”.

24 E+W+S In section 102(1)(a)(iii) and (2)(b), after “section 32 above” insert “ or by regulations which make provision in relation to section 28C arrangements of a kind that may be made by regulations under section 32 above ”.

25 E+W+S In section 103(1)(a) after “Act” insert “ or in accordance with section 28C arrangements ”.

26 E+W+S In section 105(2)(a) after “examined” insert “ or as part of his duty to perform personal medical services for that person in accordance with section 28C arrangements ”.

27 E+W+S In section 126(3), after “under” insert “ or by virtue of ”.

28 E+W+S In section 128, insert at the appropriate places—

““health service body” has the same meaning as in section 4 of the M5 National Health Service and Community Care Act 1990;”;

““medical list” has the meaning given by section 29A(6);”;

““personal dental services” has the meaning given in section 28C(7);”;

““personal medical services” (except in section 29) has the meaning given in section 28C(7);”;

““section 28C arrangements” means arrangements made under section 28C”.

Commencement Information

I6 Sch. 2 para. 28 partly in force; Sch. 2 para. 28 not in force at Royal Assent see s. 41; Sch. 2 para. 28 in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(b), Sch. 2; Sch. 2 para. 28 in force for further certain purposes at 10.12.1998 by S.I. 1998/2840, art. 2, Sch.; Sch. 2 para. 28 in force (E.) for certain purposes at 24.6.2002 by S.I. 2002/1616, art. 2

Marginal Citations

M5 1990 c. 19.

29 (1) In Schedule 9, paragraph 5A is amended as follows. E+W+S

(2) In sub-paragraph (2), after “sub-paragraph (1)(c) above” insert “ as it has effect in relation to the functions mentioned below ”.

(3) After sub-paragraph (2) insert—

“(2A) In sub-paragraph (1)(c) above as it has effect in relation to functions of the Tribunal conferred by or under any enactment relating to the preferential treatment of medical practitioners on transferring to medical lists, the reference to the person concerned is a reference to the medical practitioner to whom the matter before the Tribunal relates.”

30 (1) Schedule 10 is amended as follows. E+W+S

(2) In paragraph 1(1) and (3), omit “, or any part of the goodwill,”.

(3) In paragraph 1, for sub-paragraph (2) substitute—

“(2) Any person proposing to be a party to a transaction or series of transactions which he thinks might amount to a sale of the goodwill of a medical practice in contravention of section 54(1) may ask the Medical Practices Committee for a certificate under this paragraph.”

(4) In paragraph 1, omit sub-paragraph (8).

(5) In paragraph 2, for sub-paragraph (1) substitute—

“(1) For the purposes of section 54(1) and paragraph 1, a disposal of premises previously used for the purposes of a medical practice shall be deemed to be a sale of the goodwill of a medical practice if—

(a) the person disposing of the premises did so knowing that another person (“A”) intended to use them for the purposes of A’s medical practice, and

(b) the consideration for the disposal substantially exceeded the consideration that might reasonably have been expected if the premises had not previously been used for the purposes of a medical practice.

(1A) If a person disposes of any premises together with any other property, the court shall, for the purposes of sub-paragraph (1), make such apportionment of the consideration as it thinks just.

(1B) For the purposes of sub-paragraphs (1) and (1A)—

(a) “disposal” means any sale, letting or other form of disposal (whether by a single transaction or a series of transactions) and “disposes” and “disposing” are to be read accordingly; and

(b) a person who procures the disposal of any premises is to be treated as having disposed of them.”

(6) In paragraph 2(2)—

(a) omit “between medical practitioners”; and

(b) omit “, or part of the goodwill,”.

(7) In paragraph 2, for sub-paragraph (3) substitute—

“(3) Sub-paragraph (3A) applies if a person (“the assistant”)—

(a) performs services on behalf of a person who carries on a medical practice (or as an employee of a person employing a practitioner who carries on a medical practice);

(b) receives substantially less remuneration for performing those services than might reasonably have been expected, having regard to the circumstances at the time when the remuneration was fixed; and

(c) subsequently succeeds, whether as a result of a partnership agreement or otherwise, to that practice.

(3A) For the purposes of section 54 and paragraph 1, a sale of the goodwill of the practice is to be deemed to have taken place (at the time when the remuneration was fixed), unless it is proved that the remuneration was not fixed in contemplation of the assistant’s succeeding to the practice.”

(8) In paragraph 2, for sub-paragraphs (4) and (5) substitute—

“(4) For the purposes of section 54(1) and paragraph 1, the goodwill of a medical practice shall be deemed to have been sold if—

(a) a person carrying on the practice (or employing a practitioner who carries on a medical practice) agrees, for valuable consideration—

(i) to do or refrain from doing any act, for the purpose of facilitating the succession of another person to the practice; or

(ii) to allow any act to be done, for that purpose; or

(b) a person—

(i) gives valuable consideration to a person carrying on the practice (or employing a practitioner who carries on a medical practice); and

(ii) succeeds, or has previously succeeded, to the practice.

(5) Sub-paragraph (4) does not apply—

(a) if it is proved that no part of the consideration was given in respect of the goodwill; or

(b) to anything done—

(i) in relation to the acquisition of premises for the purposes of a medical practice;

(ii) in pursuance of a partnership agreement; or

(iii) in the performance of medical services by one person as an assistant to another.”

(9) In paragraph 2, for sub-paragraph (7) substitute—

“(7) For the purposes of section 54 and this Schedule—

(a) consideration is deemed to be given to a person (“B”) if—

(i) it is given to another person but with B’s knowledge and consent; and

(ii) it appears to the court that B has derived, or will derive, a substantial benefit from the giving of the consideration; and

(b) unless the context otherwise requires, references to a person include, in the case of an individual who has died, references to his personal representative.”

(10) At the end insert—

“ Carried-over goodwill E+W+S

3 The fact that a person’s medical practice was previously carried on by another person who at any time provided general medical services or personal medical services does not, by itself, make it unlawful under section 54(1) for the goodwill of his practice to be sold.”

31 E+W+S In Schedule 12, in paragraph 1(1)(b), after “drug or medicine” insert “ (otherwise than in accordance with section 28C arrangements) ”.

The National Health Service (Scotland) Act 1978 (c. 29) S

32 S The 1978 Act is amended in accordance with paragraphs 33 to 60.

Commencement Information

I7 Sch. 2 para. 32 partly in force; Sch. 2 para. 32 not in force at Royal Assent see s. 41; Sch. 2 para. 32 in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(1)(b), Sch. 2; Sch. 2 para. 32 in force for certain purposes at 1.10.1998 by S.I. 1998/1998, art. 2(2)(b), Sch. 2

Prospective

33 S [F9 In section 3(1), omit from “, for the purpose of” to the end.]

Textual Amendments

F9 Sch. 2 para. 33 repealed (S.) (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), sch. 4 para. 14(c)(i); S.S.I. 2004/148, art. 2(c)

34 S In section 12A, after subsection (4) insert—

“(4A) The functions of an NHS trust also include power to provide services in accordance with section 17C arrangements, and to do so as a member of a qualifying body (within the meaning of section 17D).”

35 S In section 15(1)(a)—

(a) after “persons” insert “—

(i)”; and

(b) after “Part II” insert “; or

(ii) providing, in accordance with section 17C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part or Part III,”.

Commencement Information

I8 Sch. 2 para. 35 partly in force; Sch. 2 para. 35 not in force at Royal Assent see s. 41; Sch. 2 para. 35 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

36 S In section 17A(2), at the end insert “ and in this Act “health service body” means any of those persons or bodies ”.

37 S After section 17G insert—

“17H Immunisation.

Where the Secretary of State arranges with medical practitioners for the vaccination or immunisation of persons against any disease, he shall so far as reasonably practicable give every person providing, and every medical practitioner performing, personal medical services in accordance with section 17C arrangements an opportunity to participate in the arrangements for vaccination or immunisation.”

38 S After section 17H insert—

“17I Use of accommodation.

If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of personal medical services or personal dental services in accordance with section 17C arrangements, he may make the accommodation available on such terms as he thinks fit to persons providing those services.”

Commencement Information

I9 Sch. 2 para. 38 partly in force; Sch. 2 para. 38 not in force at Royal Assent see s. 41; Sch. 2 para. 38 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

39 (1) Section 19 is amended as follows. S

(2) In subsection (2), omit paragraphs (b) and (c).

(3) For subsection (8) substitute—

“(8) In relation to a Part II medical practitioner—

(a) whose name is included in the list of only one Health Board, and

(b) who practises on his own or in partnership with others all of whom are Part II medical practitioners whose names are included only in that Board’s list,

any reference in this Act to the relevant Health Board is to be construed as a reference to that Board.

(9) In relation to a medical practitioner who is not within subsection (8), any reference in this Act to the relevant Health Board is to be construed as a reference to the Board in whose area most of the practice patients live.

(10) In this section—

• “Part II medical practitioner” means a medical practitioner who provides general medical services under Part II and does not perform personal medical services under section 17C arrangements; and

• “practice patient” means—

  (a)

  in relation to a medical practitioner who practises otherwise than in partnership, an individual who is on that practitioner’s list of patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with section 17C arrangements, an individual who is on that single list);

  (b)

  in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with section 17C arrangements, an individual who is on that single list).”

Prospective

40 S [F10 In section 22(1) for the definition of “applicant” substitute—

• ““applicant” means a medical practitioner who is seeking to be nominated or approved by a Health Board in accordance with regulations under section 19B for appointment to fill a vacancy;”.]

Textual Amendments

F10 Sch. 2 paras. 39-41 repealed (S.) (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), s. 9(1), sch. para. 2(10)(a); S.S.I. 2004/58, art. 2(3)

Prospective

41 [F10 (1) Section 23 is amended as follows. S

(2) Omit subsection (1).

(3) In subsection (1B)—

(a) after “Act” insert “ or any regulations made under this Part of this Act ”; and

(b) for “the Medical Practices Committee are to refuse applications under section 20” substitute “ references under regulations made under section 19B are to be determined ”.

(4) After subsection (1B) insert—

“(1C) An order under subsection (1A) may, in particular, make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions of practice which relate to remuneration and are determined under regulations made under section 19B.”

(5) Omit subsections (2) to (6) and (8).]

Textual Amendments

F10 Sch. 2 paras. 39-41 repealed (S.) (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), s. 9(1), sch. para. 2(10)(a); S.S.I. 2004/58, art. 2(3)

Prospective

42 S [F11 In section 24(1)(a), omit from “(ii) the occurrence” to the end of the section.]

Textual Amendments

F11 Sch. 2 para. 42 repealed (S.) (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), sch. 4 para. 14(c)(ii); S.S.I. 2004/148, art. 2(c)

43 S Omit section 25(2)(c).

44 S In section 27(1), for “in this Act referred to” substitute “ , together with additional pharmaceutical services provided in accordance with a direction under section 27A, referred to in this Act ”.

45 S In section 28(2)(b), after “that” insert “ (i) ”, and after “arrangements” insert “, and

(ii) all additional pharmaceutical services provided in accordance with a direction under section 27A,”.

Prospective

46 S In section 34, after “whom” insert “ general ophthalmic ”.

47 S In section 73(b), after “providing” insert “ personal dental services in accordance with section 17C arrangements or ”.

48 S In section 74(b), after “providing” insert “ personal dental services in accordance with section 17C arrangements or ”.

49 S In section 75, for paragraph (b) substitute—

“(b) for the purposes of section 70(1A) in relation to appliances provided as part of—

(i) general dental services, or

(ii) personal dental services provided in accordance with section 17C arrangements,

may provide for the reduction of the sums which would otherwise be payable by a Health Board to the persons by whom those services are provided by the amount of the charges authorised by section 70(1A) in respect of those appliances.”

50 S In section 75A(1)(a), after “section 70(1) or (1A) above” insert “ , section 70A(1) above ”.

51 S In section 77(1), references to functions conferred or imposed by or under the 1978 Act are to be construed as including references to functions conferred or imposed in relation to pilot schemes by or under this Act; and references to regulations, schemes, proposals and directions are accordingly to be construed as including regulations, schemes, proposals or directions under this Act.

52 S In section 78, the reference to a function conferred by or under the 1978 Act is to be construed as including a reference to a function conferred in relation to pilot schemes by or under this Act.

53 (1) Section 87A is amended as follows. S

(2) In subsection (1), after “section 19”, insert “ , or (in the case of practitioners who are not employed by another person) personal medical services in accordance with section 17C arrangements, ”.

(3) In subsection (4), for paragraph (g) substitute—

“(g) the operation of this section in a case where one or more of the medical practitioners wishing to make an application under subsection (1) is also—

(i) on the medical list of a Health Authority established under section 8 of the M6 National Health Service Act 1977; or

(ii) providing personal medical services in accordance with arrangements made under section 28C of that Act;”.

Marginal Citations

M6 1977 c. 49.

54 (1) Section 87B is amended as follows. S

(2) In subsection (3)(b), for “individuals on the lists of patients of any of the members of the practice” substitute “ practice patients ”.

(3) In subsection (5)(b)—

(a) after “general medical services” insert “ or personal medical services provided in accordance with section 17C arrangements ”; and

(b) for “individuals on the lists of patients of the members of the practice” substitute “ practice patients ”.

(4) After subsection (6) insert—

“(7) In this section “practice patient”, in relation to a recognised fund-holding practice, means an individual who is on the list of patients of any of the members of the practice (or, if any of those members together have a single list of patients in connection with section 17C arrangements, an individual who is on that single list).”

Prospective

F12 [55 (1) Section 87D is amended as follows. S

(2) In subsection (1), for “subsection (2)” substitute “ subsections (2) and (8) ”.

(3) In subsection (3)—

(a) in paragraph (a), after “who” insert “ is on the medical list of a Health Board and ”; and

(b) for paragraph (b) substitute—

“(b) in the case of two or more medical practitioners who practise in partnership with each other, each medical practitioner who is on the medical list of a Health Board;”.

(4) After subsection (7) insert—

“(8) This section does not apply in relation to the performance or provision of personal medical services in accordance with section 17C arrangements.”]

Textual Amendments

F12 Sch. 2 para. 55 repealed (prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5

56 S In section 88(1)(d) and (2)(e), after “section 22” insert “ or by regulations which make provision in relation to section 17C arrangements of a kind that may be made by regulations under section 22 ”.

57 S In section 108, insert at the appropriate places—

““health service body” means a person or body specified in section 17A(2);”;

““medical list” has the meaning given by section 19A(6);”;

““personal dental services” has the meaning given in section 17C(6);”;

““personal medical services” (except in section 19) has the meaning given in section 17C(6);”;

““section 17C arrangements” has the same meaning as in section 17E(9);”.

Commencement Information

I10 Sch. 2 para. 57 partly in force; Sch. 2 para. 57 not in force at Royal Assent see s. 41; Sch. 2 para. 57 in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(1)(b), Sch. 2 and Sch. 2 para. 57 in force for certain further purposes at 5.3.2001 by S.S.I. 2001/58, art. 2

58 (1) In Schedule 8, paragraph 8 is amended as follows. S

(2) In sub-paragraph (2), after “sub-paragraph (1)(c) above” insert “ as it has effect in relation to the functions mentioned below ”.

(3) After sub-paragraph (2) insert—

“(2A) In sub-paragraph (1)(c) above as it has effect in relation to functions of the Tribunal conferred by or under any enactment relating to the preferential treatment of medical practitioners on transferring to medical lists, the reference to the person concerned is a reference to the medical practitioner to whom the matter before the Tribunal relates.”

59 (1) Schedule 9 is amended as follows. S

(2) In paragraph 1(1) and (3), omit “, or any part of the goodwill,”.

(3) In paragraph 1, for sub-paragraph (2) substitute—

“(2) Any person proposing to be a party to a transaction or series of transactions which he thinks might amount to a sale of the goodwill of a medical practice in contravention of section 35(1) may ask the Medical Practices Committee for a certificate under this paragraph.”

(4) In paragraph 1, omit sub-paragraph (8).

(5) In paragraph 2, for sub-paragraph (1) substitute—

“(1) For the purposes of section 35(1) and paragraph 1, a disposal of premises previously used for the purposes of a medical practice shall be deemed to be a sale of the goodwill of a medical practice if—

(a) the person disposing of the premises did so knowing that another person (“A”) intended to use them for the purposes of A’s medical practice; and

(b) the consideration for the disposal substantially exceeded the consideration that might reasonably have been expected if the premises had not previously been used for the purposes of a medical practice.

(1A) If a person disposes of any premises together with any other property, the court shall, for the purposes of sub-paragraph (1), make such apportionment of the consideration as it thinks just.

(1B) For the purposes of sub-paragraphs (1) and (1A)—

(a) “disposal” means any sale, letting or other form of disposal (whether by a single transaction or a series of transactions) and “disposes” and “disposing” are to be read accordingly; and

(b) a person who procures the disposal of any premises is to be treated as having disposed of them.”

(6) In paragraph 2(2)—

(a) omit “between medical practitioners”; and

(b) omit “, or part of the goodwill,”.

(7) In paragraph 2, for sub-paragraph (3) substitute—

“(3) Sub-paragraph (3A) applies if a person (“the assistant”)—

(a) performs services on behalf of a person who carries on a medical practice (or as an employee of a person employing a practitioner who carries on a medical practice);

(b) receives substantially less remuneration for performing those services than might reasonably have been expected, having regard to the circumstances at the time when the remuneration was fixed; and

(c) subsequently succeeds, whether as a result of a partnership agreement or otherwise, to that practice.

(3A) For the purposes of section 35 and paragraph 1, a sale of the goodwill of the practice is to be deemed to have taken place (at the time when the remuneration was fixed), unless it is proved that the remuneration was not fixed in contemplation of the assistant’s succeeding to the practice.”

(8) In paragraph 2, for sub-paragraphs (4) and (5) substitute—

“(4) For the purposes of section 35(1) and paragraph 1, the goodwill of a medical practice shall be deemed to have been sold if—

(a) a person carrying on the practice (or employing a practitioner who carries on a medical practice) agrees, for valuable consideration—

(i) to do or refrain from doing any act, for the purpose of facilitating the succession of another person to the practice; or

(ii) to allow any act to be done, for that purpose; or

(b) a person—

(i) gives valuable consideration to a person carrying on the practice (or employing a practitioner who carries on a medical practice); and

(ii) succeeds, or has previously succeeded, to the practice.

(5) Sub-paragraph (4) does not apply—

(a) if it is proved that no part of the consideration was given in respect of the goodwill; or

(b) to anything done—

(i) in relation to the acquisition of premises for the purposes of a medical practice;

(ii) in pursuance of a partnership agreement; or

(iii) in the performance of medical services by one person as an assistant to another.”

(9) In paragraph 2, for sub-paragraph (7) substitute—

“(7) For the purposes of section 35 and this Schedule—

(a) consideration is deemed to be given to a person (“B”) if—

(i) it is given to another person but with B’s knowledge and consent; and

(ii) it appears to the court that B has derived, or will derive, a substantial benefit from the giving of the consideration; and

(b) unless the context otherwise requires, references to a person include, in the case of an individual who has died, references to his personal representative.”

(10) At the end insert—

“ Carried-over goodwill S

3 The fact that a person’s medical practice was previously carried on by another person who at any time provided general medical services or personal medical services does not, by itself, make it unlawful under section 35(1) for the goodwill of his practice to be sold.”

60 S In Schedule 11, in paragraph 1(1)(b), after “drug or medicine” insert “ (otherwise than in accordance with section 17C arrangements) ”.

The Medical Act 1983 (c. 54) E+W+S

61 (1) The Medical Act 1983 is amended as follows. E+W+S

(2) In section 11(4), in the definition of “approved”, for “, in relation to a hospital or institution,” substitute “ (except in subsection (5) ”.

(3) In section 13—

(a) in subsection (1), for “approved hospital or approved institution” substitute “ approved hospital, approved institution or approved medical practice ”;

(b) in subsection (2), for “hospital or institution” substitute “ hospital, institution or medical practice ”;

(c) in subsection (3)(a), for “an approved hospital or an approved institution” substitute “ an approved hospital, an approved institution or an approved medical practice ”.

(4) In section 15(3), for “approved hospitals or approved institutions” substitute “ approved hospitals, approved institutions or approved medical practices ”.

(5) In section 21(3), for “approved hospitals or approved institutions” substitute “ approved hospitals, approved institutions or approved medical practices ”.

The Dentists Act 1984 (c. 24) E+W+S

62 E+W+S In section 53(3)(a) of the Dentists Act 1984, for the words from “services under” to “1978 or” substitute—

“(a) services under—

(i) section 2, 3, 5(1)(a) or 28C of, or Schedule 1 to, the M7 National Health Service Act 1977;

(ii) section 17C, 36, 38 or 39 of the M8 National Health Service (Scotland) Act 1978; or

(iii)”.

Marginal Citations

M7 1977 c. 49.

M8 1978 c. 29.

The Copyright, Designs and Patents Act 1988 (c. 48) U.K.

63 U.K. In section 240(4) of the Copyright, Designs and Patents Act 1988, for the words from “(a) pharmaceutical services” to the end of the subsection substitute—

“(a) pharmaceutical services, general medical services or general dental services under—

(i) Part II of the National Health Service Act 1977,

(ii) Part II of the National Health Service (Scotland) Act 1978, or

(iii) the corresponding provisions of the law in force in Northern Ireland; or

(b) personal medical services or personal dental services in accordance with arrangements made under—

(i) section 28C of the 1977 Act,

(ii) section 17C of the 1978 Act, or

(iii) the corresponding provisions of the law in force in Northern Ireland.”

Commencement Information

I11 Sch. 2 para. 63 partly in force; Sch. 2 para. 63 not in force at Royal Assent see s. 41; Sch. 2 para. 63 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

The Health and Medicines Act 1988 (c. 49) E+W+S

64 (1) The Health and Medicines Act 1988 is amended as follows. E+W+S

(2) In section 2(1)(a), for the words from “provision of general medical services” to “Act 1978” substitute “provision of—

(i) general medical services under Part II of the National Health Service Act 1977 or Part II of the National Health Service (Scotland) Act 1978; or

(ii) personal medical services in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the 1978 Act”.

(3) In section 8(2) omit “(a) or”.

(4) In section 17, at the end insert—

“(3A) This section applies also in relation to additional pharmaceutical services provided under arrangements made in accordance with directions under section 41A of the National Health Service Act 1977 or section 27A of the National Health Service (Scotland) Act 1978.”

Commencement Information

I12 Sch. 2 para. 64 partly in force; Sch. 2 para. 64 not in force at Royal Assent see s. 41; Sch. 2 para. 64(1) in force for certain purposes and Sch. 2 para. 64(2)(4) in force at 1.4.1998 by S.I. 1998/631, art. 2(b), Sch. 2

The National Health Service and Community Care Act 1990 (c. 19) E+W+S

65 (1) The National Health Service and Community Care Act 1990 is amended as follows. E+W+S

(2) In section 5, after subsection (6) insert—

“(6A) The functions of an NHS trust also include power to provide services in accordance with arrangements made under section 28C of the principal Act, and to do so as a member of a qualifying body (within the meaning of section 28D of that Act).”

[F13 (3) In section 14(1), after “principal Act” insert “ , or (in the case of practitioners who are not employed by another person) personal medical services in accordance with arrangements made under section 28C of that Act, ”.]

[F13 (4) For section 14(6)(g) substitute—

“(g) the operation of this section in a case where one or more of the medical practitioners wishing to make an application under subsection (1) above is also—

(i) on the medical list of a Health Board; or

(ii) providing personal medical services in accordance with arrangements made under section 17C of the M9 National Health Service (Scotland) Act 1978;”.]

[F13 (5) In section 15(4)(b), for “individuals on the list of patients of any of the members of the practice” substitute “ practice patients ”.]

[F13 (6) In section 15(7)(b)—

(a) after “general medical services” insert “ or personal medical services provided in accordance with arrangements made under section 28C of the principal Act ”;

(b) for “individuals on the lists of patients of the members of the practice” substitute “ practice patients ”.]

[F13 (7) In section 15, after subsection (9) insert—

“(10) In this section “practice patient”, in relation to a recognised fund-holding practice, means an individual who is on the list of patients of any of the members of the practice (or, if any of those members together have a single list of patients in connection with arrangements made under section 28C of the principal Act, an individual who is on that single list).”]

[F14 (8) In section 18(1) for “subsection (2)” substitute “ subsections (2) and (8) ”.]

[F14 (9) In section 18(3)—

(a) in paragraph (a), after “who” insert “ is on the medical list of a Health Authority and ”; and

(b) for paragraph (b) substitute—

“(b) in the case of two or more medical practitioners who practise in partnership with each other, each medical practitioner who is on the medical list of a Health Authority;”.]

[F14 (10) After section 18(7) insert—

“(8) This section does not apply in relation to the performance or provision of personal medical services in accordance with arrangements made under section 28C of the principal Act.”]

(11) In section 62(7), after paragraph (a)(i) in the definition of “services” insert—

“(ia)

arrangements made under section 28C of that Act;”.

Textual Amendments

F13 Sch. 2 para. 65(3)-(7) repealed (1.10.1999 for E., 1.4.2000 for W.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 2000/1041, art. 2(d), Sch.

F14 Sch. 2 para. 65(8)-(10) repealed (prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5

Commencement Information

I13 Sch. 2 para. 65(1)(4)-(11) in force at 1.4.1998 by S.I. 1998/631, art. 2(b), Sch. 2

Marginal Citations

M9 1978 c. 29.

The Access to Health Records Act 1990 (c. 23) E+W+S

66 (1) The Access to Health Records Act 1990 is amended as follows. E+W+S

(2) In section 1(2), for paragraph (a) substitute—

“(a) in the case of a record made by a general practitioner (other than an employed practitioner), or by a health professional employed by such a general practitioner—

(i) the general practitioner on whose list the patient is included (or, where the patient is included on the list of a medical practice consisting of two or more partners who are general practitioners, any such partner); or

(ii) where the patient is not on any such list, the Health Authority or Health Board by arrangement with whom a general practitioner last treated him;”.

(3) In section 11, in the definition of “general practitioner”, for the words from “providing” to “Act 1978” substitute “—

(a) providing general medical services in accordance with arrangements made under section 29 of the M10 National Health Service Act 1977 or section 19 of the M11 National Health Service (Scotland) Act 1978; or

(b) performing personal medical services in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the 1978 Act”.

Marginal Citations

M10 1977 c. 49.

M11 1978 c. 29.

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) E+W+S

67 E+W+S In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992—

(a) after “as a person” insert “ performing personal medical services or personal dental services or ”;

(b) before “29” insert “ 28C, ”; and

(c) before “19” insert “ 17C, ”.

Commencement Information

I14 Sch. 2 para. 67 partly in force; Sch. 2 para. 67 not in force at Royal Assent see s. 41; Sch. 2 para. 67 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

The Health Service Commissioners Act 1993 (c. 46) E+W+S

68 (1) The Health Service Commissioners Act 1993 is amended as follows. E+W+S

(2) In section 2A(1), for the words from “if they are” to “Act 1977” substitute “if they are—

(a) individuals undertaking to provide in England general medical services or general dental services under Part II of the National Health Service Act 1977;

(b) persons (whether individuals or bodies) undertaking to provide in England general ophthalmic services or pharmaceutical services under Part II of that Act; or

(c) individuals performing in England personal medical services or personal dental services in accordance with arrangements made under section 28C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)”.

(3) In section 2A(2), for the words from “if they are” to “Act 1977” substitute “if they are—

(a) individuals undertaking to provide in Wales general medical services or general dental services under Part II of the National Health Service Act 1977;

(b) persons (whether individuals or bodies) undertaking to provide in Wales general ophthalmic services or pharmaceutical services under Part II of that Act; or

(c) individuals performing in Wales personal medical services or personal dental services in accordance with arrangements made under section 28C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)”.

(4) In section 2A(3), for the words from “if they are” to “Act 1978” substitute “if they are—

(a) individuals undertaking to provide in Scotland general medical services or general dental services under Part II of the M12 National Health Service (Scotland) Act 1978;

(b) persons (whether individuals or bodies) undertaking to provide in Scotland general ophthalmic services or pharmaceutical services under Part II of that Act; or

(c) individuals performing in Scotland personal medical services or personal dental services in accordance with arrangements made under section 17C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)”.

(5) In section 3, after subsection (1) insert—

“(1ZA) Any failure or maladministration mentioned in subsection (1) may arise from action of—

(a) the health service body,

(b) a person employed by that body,

(c) a person acting on behalf of that body, or

(d) a person to whom that body has delegated any functions.”

Commencement Information

I15 Sch. 2 para. 68 partly in force; Sch. 2 para. 68 not in force at Royal Assent see s. 41; Sch. 2 para. 68 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

Marginal Citations

M12 1978 c. 29.

Prospective

Part II U.K. Pre-consolidation Amendments

The National Health Service Act 1966 (c. 8) U.K.

F15 [69] U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 2 para. 69 repealed (E.W.) (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

The National Health Service Act 1977 (c. 49) U.K.

70 E+W+S The 1977 Act is amended in accordance with paragraphs 71 to 78.

71 [F16 (1) Section 29 is amended as follows. U.K.

(2) In subsection (1), after “regulations” insert “ which shall be made for the purpose ”.

[F17 (3) In subsection (2)(a), for “of lists” substitute “ by each Health Authority of a list ” and after “services” insert “ for persons in the Health Authority’s area ”.]

F18 [(4) Subsection (4) continues to have effect as originally enacted.]]

Textual Amendments

F16 Sch. 2 paras. 71-73 repealed (1.4.2004 for the repeal of Sch. 2 para. 71 except for W., 1.4.2004 for W. for the repeal of Sch. 2 para. 71, 1.4.2006 for E. for the repeal of Sch. 2 para. 72, 1.4.2006 for W. for the repeal of Sch. 2 para. 72 for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4 Note; S.I. 2004/288, art. 6(2)(p) (with art. 8) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(p) (with arts. 6 7) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(i); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F17 Sch. 2 Pt. 2 para. 71(3) omitted (1.10.2002 for E. W. and 10.10.2002 expressed to be appointed for W.) by virtue of 2002 c. 17, ss. 37(1), 42(3), Sch. 8 para. 24; S.I. 2002/2478, art. 3(1)(e)(ii); S.I. 2002/2532, art. 2, Sch; S.I. 2002/3190 and repealed (1.1.2003 for E. and W. and otherwiseprosp.) by 2002 c. 17, ss. 37(2), 42(3), Sch. 9 Pt. 3; S.I. 2002/3190, art. 2(2)(d)

F18 Sch. 2 para. 71(4) repealed (prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5

72 U.K. [F16 In section 35(1), after “regulations” insert “ which shall be made for the purpose ”.]

Textual Amendments

F16 Sch. 2 paras. 71-73 repealed (1.4.2004 for the repeal of Sch. 2 para. 71 except for W., 1.4.2004 for W. for the repeal of Sch. 2 para. 71, 1.4.2006 for E. for the repeal of Sch. 2 para. 72, 1.4.2006 for W. for the repeal of Sch. 2 para. 72 for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4 Note; S.I. 2004/288, art. 6(2)(p) (with art. 8) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(p) (with arts. 6 7) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(i); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

[F19 73 U.K. [F16 In section 36(1)(a), for “of lists” substitute “ by each Health Authority of a list ” and after “services” insert “ for persons in the Health Authority’s area ”]]

Textual Amendments

F16 Sch. 2 paras. 71-73 repealed (1.4.2004 for the repeal of Sch. 2 para. 71 except for W., 1.4.2004 for W. for the repeal of Sch. 2 para. 71, 1.4.2006 for E. for the repeal of Sch. 2 para. 72, 1.4.2006 for W. for the repeal of Sch. 2 para. 72 for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4 Note; S.I. 2004/288, art. 6(2)(p) (with art. 8) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(p) (with arts. 6 7) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(i); S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F19 Sch. 2 Pt. 2 para. 73 omitted (1.10.2002 for E.W. for specified purposes; 10.10.2002 expressed to be appointed for W.) by virtue of 2002 c. 17, ss. 37(1), 42(3), Sch. 8 para. 24; S.I. 2002/2478, art. 3(1)(e)(ii); S.I. 2002/2532, art. 2, Sch and repealed (1.1.2003 for E.W.) by 2002 c. 17, ss. 37(2), 42(3), Sch. 9 Pt. 3; S.I. 2002/3190, art. 2(2)(d)

74 U.K. In section 38(1), after “with regulations” insert “ which shall be made for the purpose ”.

[F20 75 U.K. In section 39(a), for “of lists of medical practitioners, and ophthalmic opticians, respectively,” substitute “ by each Health Authority of a list of medical practitioners and a list of ophthalmic opticians ” and after “services” insert “ for persons in the Health Authority’s area ”]

Textual Amendments

[F21 76 U.K. In section 41, after “with regulations” insert “ which shall be made for the purpose ”.]

Textual Amendments

F21 Sch. 2 para. 76 repealed (1.7.2002 for W. and otherwiseprosp) by 2001 c. 15, ss. 67, 70(2), Sch. 6 Pt. II (with ss. 64(6), 64(4)); S.I. 2002/1475 art. 2 Sch. Pt. 1

F22 [77 U.K. Omit section 43A(3).]

Textual Amendments

F22 Sch. 2 para. 77 repealed (prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5

F23 [78 U.K. Omit paragraph 37 of Schedule 15.]

Textual Amendments

F23 Sch. 2 para. 78 repealed (prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5

Transitional provisions for amendments to 1977 Act U.K.

F24 79 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 2 para. 79 repealed (E.W.) (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

The Health and Medicines Act 1988 (c. 49) U.K.

F25 80 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Sch. 2 para. 80 repealed (E.W.) (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4 Note; S.I. 2004/288, art. 6(2)(p) (with art. 8) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(p) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

The Health Service Commissioners Act 1993 (c. 46) U.K.

F26 81 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 2 para. 81 repealed (E.W.) (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4 Note; S.I. 2004/288, art. 6(2)(p) (with art. 8) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(p) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

Section 41(12).

SCHEDULE 3 E+W+S Repeals and Revocations

Part I E+W+S Repeals

Commencement Information

I16 Sch. 3 Pt. I partly in force; Sch. 3 Pt. I not in force at Royal Assent see s. 41; Sch. 3 Pt. I in force for specified purposes at 1.4.1998 by S.I. 1998/631, art. 2(a), Sch. 1; Sch. 3 Pt. I in force at 1.10.1998 for further certain purposes by S.I. 1998/1998, art. 2(2)(a), Sch. 1; Sch. 3 Pt. I in force for further certain purposes at 10.12.1998 by S.I. 1998/2840, art. 2, Sch.

Chapter	Short title	Extent of repeal
1977 c. 49.	The National Health Service Act 1977.	In section 29(2), paragraphs (b) and (c).
		Section 30.
		In section 33, subsections (1), (2) to (6) and (8).
		In section 34(1)(a), the words from “(ii) the occurrence” to the end of the section.
		Section 36(1)(c).
		In section 97A(9)(c)(i), the words “subsections (1) to (3) of”.
		In Schedule 10, in paragraph 1(1) and (3) the words “, or any part of the goodwill,” paragraph 1(8) and in paragraph 2(2) the words “between medical practitioners” and “, or part of the goodwill,”.
1978 c. 29.	The National Health Service (Scotland) Act 1978.	In section 3(1), the words from “, for the purpose of” to the end.
		In section 19(2), paragraphs (b) and (c).
		Section 20.
		In section 23, subsections (1), (2) to (6) and (8).
		In section 24(1)(a), the words from “(ii) the occurrence” to the end of the section.
		Section 25(2)(c).
		In Schedule 9, in paragraph 1(1) and (3), the words “, or any part of the goodwill,”, paragraph 1(8) and in paragraph 2(2) the words “between medical practitioners” and “, or part of the goodwill,”.
1980 c. 53.	The Health Services Act 1980.	In Schedule 1, paragraph 43.
1984 c. 48.	The Health and Social Security Act 1984.	In Schedule 3, paragraph 4.
1988 c. 49.	The Health and Medicines Act 1988.	In section 8(2), the words “(a) or”.
		In Schedule 2, paragraph 3.
1990 c. 19.	The National Health Service and Community Care Act 1990.	Section 12(1)(c).
		Section 23(2) to (8).
1995 c. 17.	The Health Authorities Act 1995.	In Schedule 1, paragraphs 6(c), 19, 22(a) and (c) to (g) and 36.

Prospective

Part II E+W+S Pre-consolidation Repeals

Chapter	Short title	Extent of repeal
1966 c. 8.	The National Health Service Act 1966.	In section 10, in subsection (1) the words “Part II of the National Health Service Act 1977 or” and “section 56 of the said Act of 1977 or”, in subsection (2) the words “the Minister or, as the case may be,” and subsection (3).
1977 c. 49.	The National Health Service Act 1977.	Section 43A(3).
		In Schedule 15, paragraph 37.

Part III E+W+S Revocations

Number	Title	Extent of revocation
S.I. 1981/432.	The European Communities (Medical, Dental and Nursing Professions) (Linguistic Knowledge) Order 1981.	Article 3(1)(a) and (2).
S.I. 1985/39.	The Family Practitioner Committees (Consequential Modifications) Order 1985.	Article 7(4), (5), (7) and (8)(b).