Health and Social Care Act 2001

National Health Service Act 1977 (c. 49) E+W

5 (1) The National Health Service Act 1977 shall be amended as follows.

(2) Section 7 (Medical Practices Committee) is omitted.

(3) In section 17 (Secretary of State’s directions: exercise of functions), for subsection (3) substitute—

“(3) Nothing in any provision made by or under this or any other Act shall be read as affecting the generality of subsection (1) above.”

(4) In section 29A (medical lists), in subsection (3), for paragraph (b) substitute—

“(b) he is not disqualified from inclusion in all Health Authorities’ medical lists by virtue of a national disqualification imposed on him by the FHSAA.”

(5) In section 33 (distribution of general medical services), in subsection (1B), the words from “including, in particular,” to the end of the subsection are omitted.

(6) Section 34 (regulations for Medical Practices Committee) is omitted.

(7) In section 44 (local representative committees)—

(a) in subsection (3)(a), for “list” substitute “ medical list ”;

(b) in subsection (3)(c), for “list” substitute “ list of dental practitioners and dental corporations undertaking to provide general dental services ”; and

(c) subsection (5)(b) and the word “and” preceding it are omitted.

(8) Sections 46 to 49E (which together provide for the constitution and powers of the National Health Service Tribunal and other connected matters) and the heading preceding section 46 are omitted.

(9) In section 85 (default powers), in subsection (1), omit paragraph (d).

(10) In section 100 (payments of expenses of certain bodies)—

(a) in subsection (1), omit paragraph (c); and

(b) for paragraph (d) substitute—

“(d) the FHSAA,”.

(11) In section 102 (allowances and remuneration for members of certain bodies), omit the following—

(a) in subsection (1), paragraph (a)(ii), and

(b) in subsection (2), paragraph (a).

(12) In section 103 (special arrangements as to payment of remuneration)—

(a) in subsection (3), after “pharmaceutical services” insert “ or such local pharmaceutical services ”;

(b) in subsection (3)(a), after “of this Act” insert “ or by virtue of Schedule 8A to this Act ”; and

(c) after subsection (3) insert—

“(4) In subsection (3), “local pharmaceutical services” has the meaning given by paragraph 1(3) of Schedule 8A to this Act.

(5) In subsection (3)—

(a) the reference to local pharmaceutical services includes a reference to local pharmaceutical services provided under pilot schemes established under section 28 of the Health and Social Care Act 2001 and, in that case, “local pharmaceutical services” has the meaning given by that section; and

(b) in respect of local pharmaceutical services provided under such schemes, the reference to Schedule 8A is a reference to that section.”

(13) In section 126 (orders and regulations, and directions)—

(a) in subsection (1), after “orders” insert “ , rules ”;

(b) in subsection (4), after “orders,” in both places where it appears, insert “ rules, ”;

(c) after subsection (4) insert—

“(4A) Subsection (4) above applies to directions given under—

(a) paragraph 10(1) of Schedule 5 to this Act,

(b) paragraph 8(3) of Schedule 5A to this Act, or

(c) paragraph 16(5) of Schedule 2 to the National Health Service and Community Care Act 1990,

as well as to directions given in accordance with section 18 above as mentioned in that subsection.”;

(d) in subsection (5), after “that subsection” insert “ (other than a power to make rules) ”.

(14) In section 128 (interpretation), in the appropriate place, insert—

““terms of service” means the terms upon which by virtue of regulations a person undertakes to provide general medical services, general dental services, general ophthalmic services or pharmaceutical services.”

(15) In Schedule 5A to that Act (Primary Care Trusts: remuneration and pensions etc), in the cross-heading preceding paragraph 11, “ of members ” shall be added at the end.

(16) Schedule 9 (tribunal for purposes of section 46) is omitted.

(17) In Schedule 12A (expenditure of Health Authorities and Primary Care Trusts)—

(a) in paragraph 7(1), after the definition of “pharmaceutical services” insert—

““local pharmaceutical services” has the meaning given by paragraph 1(3) of Schedule 8A to this Act;

“remuneration referable to the cost of drugs” includes (except in paragraph 1(2)(b) and subject to sub-paragraph (2)) remuneration payable to persons providing local pharmaceutical services”;

(b) in paragraph 7(2), after “pharmaceutical services” insert “ or local pharmaceutical services ”;

(c) after paragraph 7(3) insert—

“(4) In this paragraph references to local pharmaceutical services include references to local pharmaceutical services provided under pilot schemes established under section 28 of the Health and Social Care Act 2001, in which case that expression has the meaning given by that section.”

Modifications etc. (not altering text)

C1 Sch. 5 para. 5(10)(b) amended (temp. from 22.7.2002) by The Health and Social Care Act 2001 (Commencement No. 3) (Wales) Order 2002 (S.I. 2002/1919), art. 3(2), Sch. Pt. III

Commencement Information

I1 Sch. 5 para. 5 partly in force; Sch. 5 para. 5 not in force at Royal Assent, see s. 70(2); Sch. 5 para. 5(10)(b)(13)(a)(b)(d) in force for E. for certain purposes at 1.10.2001 and otherwise for E. at 1.12.2001 by S.I. 2001/3294, art. 4(1), Sch. (subject to art. 4(2)); Sch. 5 para. 5(1)(3) in force for E. for certain purposes at 22.10.2001 by S.I. 2001/3619, art. 3(2); Sch. 5 para. 5(4)(8)(14)(16) in force for E. for certain purposes at 22.11.2001 and 14.12.2001 by S.I. 2001/3738, art. 2(2)(4), Sch. 1 Pt. II, Sch. 2 (subject to art. 2(5)(6)); Sch. 5 para. 5(2)(5)(6)(7)(c)(9)(10)(a) wholly in force and Sch. 5 para. 5(7)(a)(b) in force for E. at 1.4.2002 by S.I. 2002/1095, art. 2(3), Sch. (with transitional provisions in arts. 3, 4) (as amended (26.3.2002) by S.I. 2002/1170, art. 3); Sch. 5 para. 5(2)(7)(a)(b)(c)(8) in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1; Sch. 5 para. 5(8)(16) in force for W. at 26.8.2002 by S.I. 2002/1919, art. 2(1), Sch. Pt. I (subject to art. 2(2)(3)); Sch. 5 para. 5(10)(b)(13)(a)(b)(d) in force for W. at 26.8.2002 by S.I. 2002/1919, art. 3(1), Sch. Pt. II (subject to art. 3(2), Sch. Pt. III)