C3Part III Miscellaneous and Supplementary

Annotations:
Modifications etc. (not altering text)
C3

Pt. III applied to Isles of Scilly (with modifications) (14.3.2001) by S.I. 2001/448, art. 2

Miscellaneous

I160 Regulation of health care and associated professions.

1

Her Majesty may by Order in Council make provision—

a

modifying the regulation of any profession to which subsection (2) applies, so far as appears to Her to be necessary or expedient for the purpose of securing or improving the regulation of the profession or the services which the profession provides or to which it contributes,

b

regulating any other profession which appears to Her to be concerned (wholly or partly) with the physical or mental health of individuals and to require regulation in pursuance of this section.

F1c

modifying the functions, powers or duties of the Council for the Regulation of Health Care Professionals,

d

modifying the list of regulatory bodies (in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002) in relation to which that Council performs its functions,

e

modifying, as respects any such regulatory body, the range of functions of that body in relation to which the Council performs its functions.

2

The professions referred to in subsection (1)(a) are—

a

the professions regulated by the M12Pharmacy Act 1954, the M13Medical Act 1983, the M1Dentists Act 1984, the M2Opticians Act 1989, the M3Osteopaths Act 1993 and the M4Chiropractors Act 1994,

b

the professions regulated by F2the Nursing and Midwifery Order 2001 ,

c

the professions regulated by F3the Health Professions Order 2001 ,

d

any other profession regulated by an Order in Council under this section.

3

The Professions Supplementary to Medicine Act 1960 and the Nurses, Midwives and Health Visitors Act 1997 are to cease to have effect.

4

Schedule 3 (which makes further provision about Orders under this section) is to have effect.

60AF6Standard of proof in fitness to practise proceedings

1

The standard of proof applicable to any proceedings to which this subsection applies is that applicable to civil proceedings.

2

Subsection (1) applies to any proceedings before—

a

the Office of the Health Professions Adjudicator, or

b

a committee of a regulatory body, a regulatory body itself or any officer of a regulatory body,

which relate to a person's fitness to practise a profession to which section 60(2) applies.

3

In subsection (2) “regulatory body” means the body (or main body) responsible for the regulation of a profession to which section 60(2) applies.

4

An Order in Council under section 60 may not—

a

amend this section, or

b

make any provision that is inconsistent with subsection (1).

61 English and Scottish border provisions.

1

Her Majesty may by Order in Council provide for any functions to which subsection (2) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in English border areas, to be exercisable (instead of any corresponding function to which subsection (4) applies) in respect of the provision of the services in question to persons in Scottish border areas who are specified in the Order.

2

This subsection applies to any functions under the 1977 Act, or Part I of the M14National Health Service (Primary Care) Act 1997, which are exercisable by the Secretary of State or any F4Strategic Health Authority or Primary Care Trust.

3

Her Majesty may by Order in Council provide for any functions to which subsection (4) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in Scottish border areas, to be exercisable (instead of any corresponding function to which subsection (2) applies) in respect of the provision of the services in question to persons in English border areas who are specified in the Order.

4

This subsection applies to any functions under the 1978 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Scottish Ministers or any Health Board or NHS trust established under the 1978 Act.

5

In this section—

  • “English border area” means the area of any F5Primary Care Trust adjacent to Scotland,

  • “Scottish border area” means the area of any Health Board adjacent to England.

Supplementary

62 Regulations and orders.

1

Any power to make regulations or an order under this Act is exercisable by statutory instrument F7, unless it is an order under paragraph 2 of Schedule 2A..

2

Directions under section F10. . . 28 F10. . . or by virtue of section 38(1)(b), are to be given by an instrument in writing.

3

Any such directions may be varied or revoked by subsequent directions under, or by virtue of, the same provision.

4

Subsections (4) and (5) of section 126 of the 1977 Act (supplementary provisions about subordinate legislation) apply in relation to any power conferred by this Act to make Orders in Council, orders or regulations, or to give directions mentioned in subsection (2), as they apply in relation to the powers which may be exercised as mentioned in subsection (4)(a) and (b) of that section.

5

The provision which may be made by virtue of subsection (4) of that section in regulations under section F11. . . 31 or an Order in Council under section 61 includes provision amending or repealing any enactment, instrument or document.

6

Subject to the following subsections, a statutory instrument containing subordinate legislation under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.

7

Subsection (6) does not apply to—

a

an order under section 63 which contains only provision for or in connection with the transfer of any property, rights or liabilities, or

b

an order under section 67.

8

No order is to be made under section 37(10) unless a draft has been laid before, and approved by resolution of, each House of Parliament.

9

No recommendation is to be made to Her Majesty to make an Order in Council under section 60 unless a draft has been laid before, and approved by resolution of, each House of Parliament.

10

But if any provision made by an Order in Council under that section would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, no recommendation is to be made to Her Majesty to make the Order unless a draft—

a

has been laid before, and approved by resolution of, each House of Parliament, and

b

has been laid before, and approved by resolution of, the Scottish Parliament.

11

No recommendation is to be made to Her Majesty to make an Order in Council under section 61 unless a draft—

a

has been laid before, and approved by resolution of, each House of Parliament, and

b

has been laid before, and approved by resolution of, the Scottish Parliament.

C1C263 Supplementary and consequential provision etc.

1

The Secretary of State may by order make—

a

such supplementary, incidental or consequential provision, or

b

such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

2

The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.

64 Interpretation.

In this Act—

  • “the 1977 Act” means the M15National Health Service Act 1977,

  • “the 1978 Act” means the M5National Health Service (Scotland) Act 1978,

  • “the 1990 Act” means the M16National Health Service and Community Care Act 1990,

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “enactment” includes an enactment whenever passed or made,

  • “NHS trust” has the same meaning—

    1. a

      in Part I of this Act as in the 1977 Act,

    2. b

      in Part II of this Act as in the 1978 Act.

Final provisions

I265 Amendments and repeals.

1

Schedule 4 (amendments of enactments) is to have effect.

2

The repeals set out in Schedule 5 (which include the repeal of an enactment which is spent) are to have effect.

I366 Devolution.

1

For the purposes of the M7Scotland Act 1998, any provision of this Act which extends to Scotland is to be taken to be a pre-commencement enactment within the meaning of that Act; but this subsection does not apply to section 22.

P22

The power of a Minister of the Crown under section 67 to appoint a day for any of the following provisions to come into force in relation to Wales—

a

sections 1 to 8 and 10 to 18 and Schedule 1,

b

sections 26 to 32,

c

section 65(1) and Schedule 4, so far as concerns the following provisions of that Schedule: paragraphs 1 to 16, 23 to 26, 27(a), 28 to 35, 37, 38 (except sub-paragraph (2)(b) and (d)), 39, 40, 71, 72, 74, 75, 76(b), 77 to 80, 81 (except sub-paragraph (2)(b)), 83, 84, 85 (except sub-paragraph (2)(a)) and 87 to 90,

is exercisable instead by the National Assembly for Wales.

3

In Schedule 5 to the M8Government of Wales Act 1998 (bodies and offices covered by section 74), after paragraph 12 there is inserted—

12A

The Commission for Health Improvement.

4

The National Assembly for Wales (Transfer of Functions) Order 1999 is amended as follows; and those amendments are to have effect as if made by an Order in Council under section 22 of the M9Government of Wales Act 1998 (transfer of Ministerial functions).

5

In Schedule 1—

a

in the entry for the 1977 Act, after paragraph (c) there is inserted—

cc

section 43C;

ccc

sections 46 to 49E

b

at the end of the entry for the 1990 Act, there is inserted—

The references above to paragraph 1 of Schedule 3 are references to that paragraph before the amendments made by section 17 of the M10Health Act 1999.

The Treasury consent requirement under paragraph 8 of that Schedule (inserted by Schedule 4 to the Health Act 1999), so far as relating to the matters referred to in paragraph (b) of that paragraph, shall continue in effect.

c

after the entry for the M11National Minimum Wage Act 1998 there is inserted—

In the Health Act 1999—

a

Part I and Schedule 4, except sections 20(1), 22 and 33 to 38 and Schedule 2 (other than paragraph 2);

b

section 63, so far as it relates to any of the provisions which, by virtue of section 66(2), may be brought into force by the Assembly

6

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

P167 Commencement.

1

The preceding provisions of this Act (including the Schedules) are to come into force on such day as the Secretary of State may by order appoint.

2

Different days may be appointed under this section for different purposes.

3

Subsection (1) does not apply to the repeal of section 10 of the M6Professions Supplementary to Medicine Act 1960 (power to extend or restrict application of Act), which comes into force on 1st July 1999 or, if later, on the day on which this Act is passed.

4

Subsection (1) does not apply to section 66, of which—

a

subsections (1) and (3) to (6) come into force on the day on which this Act is passed,

b

subsection (2) comes into force on 1st July 1999 or, if later, the day on which this Act is passed.

68 Extent.

1

Subject to the following provisions—

a

Part I extends only to England and Wales,

b

Part II extends only to Scotland, and

c

this Part extends to Northern Ireland (as well as to England and Wales and Scotland).

2

The amendment or repeal of an enactment, or a power to amend or repeal an enactment, which extends to any part of the United Kingdom extends also to that part.

3

Sections 22 and 25 extend to Scotland and Northern Ireland.

4

Sections 33 to 38 extend to Scotland and Northern Ireland.

5

The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

69 Short title.

This Act may be cited as the Health Act 1999.