National Health Service Reform and Health Care Professions Act 2002
An Act to amend the law about the national health service; to establish and make provision in connection with a Commission for Patient and Public Involvement in Health; to make provision in relation to arrangements for joint working between NHS bodies and the prison service, and between NHS bodies and local authorities in Wales; to make provision in connection with the regulation of health care professions; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1National Health Service, etc
NHS bodies and their functions: England
F11 English Health Authorities: change of name
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2 Primary Care Trusts
F2(1)
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F2(2)
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F2(3)
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F2(4)
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(5)
Schedule 2 (which contains amendments of the 1977 Act and of other enactments to reallocate functions of Health Authorities to Primary Care Trusts and to make certain connected amendments) is to have effect.
F33 Directions: distribution of functions
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4 Personal medical services, personal dental services and local pharmaceutical services
F4(1)
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F5(2)
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(3)
Schedule 3 (which contains amendments of the National Health Service (Primary Care) Act 1997 and of other enactments related to the provisions of this section and sections 1 to 3) is to have effect.
F65 Local Representative Committees
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NHS bodies and their functions: Wales
F76 Local Health Boards
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Financial arrangements: England and Wales
F77 Funding of Strategic Health Authorities and Health Authorities
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F78 Funding of Primary Care Trusts
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F79 Funding of Local Health Boards
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F710 Expenditure of NHS bodies
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Quality
F811 Duty of quality
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F812 Further functions of the Commission for Health Improvement
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F813 Commission for Health Improvement: inspections and investigations
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F814 Commission for Health Improvement: constitution
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Patient and public involvement
F915 Establishment of Patients’ Forums
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F916 Additional functions of PCT Patients’ Forums
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F917 Entry and inspection of premises
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F918 Annual reports
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19 Supplementary
F10(1)
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F10(2)
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F10(3)
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F10(4)
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F10(5)
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F11(6)
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F12(7)
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F1320 The Commission for Patient and Public Involvement in Health
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F1421 Overview and scrutiny committees
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22 Abolition of Community Health Councils in England
F15(1)
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F15(2)
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F15(3)
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(4)
The National Assembly for Wales has as respects Wales the same power under that paragraph as it would have if no such body had been established.
(5)
The Secretary of State may by order make provision—
(a)
as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,
(b)
as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.
(6)
The following fall within this subsection—
(a)
the Secretary of State,
(b)
F16a Strategic Health Authority ,
(c)
a Special Health Authority,
(d)
an NHS trust,
(e)
a Primary Care Trust.
(7)
Before exercising the power conferred by subsection (5)(b) the Secretary of State must consult the National Assembly for Wales.
F17(8)
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F18(9)
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Joint working
F1923 Joint working with the prison service
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F2024 Health and well-being strategies in Wales
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Part 2Health Care Professions
The Council for the Regulation of Health Care Professionals
25 The Council for the Regulation of Health Care Professionals
(1)
There shall be a body corporate known as the Council for the Regulation of Health Care Professionals (in this group of sections referred to as “the Council”).
(2)
The general functions of the Council are—
(a)
to promote the interests of patients and other members of the public in relation to the performance of their functions by the bodies mentioned in subsection (3) (in this group of sections referred to as “regulatory bodies”), and by their committees and officers,
(b)
to promote best practice in the performance of those functions,
(c)
to formulate principles relating to good professional self-regulation, and to encourage regulatory bodies to conform to them, and
(d)
to promote co-operation between regulatory bodies; and between them, or any of them, and other bodies performing corresponding functions.
(3)
The bodies referred to in subsection (2)(a) are—
(a)
the General Medical Council,
(b)
the General Dental Council,
(c)
the General Optical Council,
(d)
the General Osteopathic Council,
(e)
the General Chiropractic Council,
(f)
subject to section 26(5), the Royal Pharmaceutical Society of Great Britain,
(g)
subject to section 26(6), the Pharmaceutical Society of Northern Ireland,
(h)
until their abolition by virtue of section 60(3) of the 1999 Act—
(i)
the United Kingdom Central Council for Nursing, Midwifery and Health Visiting, and each of the National Boards for Nursing, Midwifery and Health Visiting, and
(ii)
the Council for Professions Supplementary to Medicine and each Board established by or by virtue of the Professions Supplementary to Medicine Act 1960 (c. 66),
(i)
any regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act as the successor to a body mentioned in paragraph (h), and
(j)
any other regulatory body (within that meaning) established by an Order in Council under that section.
(4)
Schedule 7 (which makes further provision about the Council) is to have effect.
(5)
“This group of sections” means this section and sections 26 to 29, and includes Schedule 7.
(6)
In this group of sections, references to regulation, in relation to a profession, are to be construed in accordance with paragraph 11(2) and (3) of Schedule 3 to the 1999 Act.
26 Powers and duties of the Council: general
(1)
Except as mentioned in subsections (3) to (6), the Council may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.
(2)
The Council may, for example, do any of the following—
(a)
investigate, and report on, the performance by each regulatory body of its functions,
(b)
where a regulatory body performs functions corresponding to those of another body (including another regulatory body), investigate and report on how the performance of such functions by the bodies in question compares,
(c)
recommend to a regulatory body changes to the way in which it performs any of its functions.
(3)
The Council may not do anything in relation to the case of any individual in relation to whom—
(a)
there are, are to be, or have been proceedings before a committee of a regulatory body, or the regulatory body itself or any officer of the body, or
(b)
an allegation has been made to the regulatory body, or one of its committees or officers, which could result in such proceedings.
(4)
Subsection (3) does not prevent the Council from taking action under section 28 or 29, but action under section 29 may be taken only after the regulatory body’s proceedings have ended.
(5)
The Council may not do anything in relation to the functions of the Royal Pharmaceutical Society of Great Britain (or its Council, F21a member of its staff or one of its committees) unless those functions are—
F22(a)
conferred on the Society (or its Council, a member of its staff or one of its committees) by or by virtue of the Pharmacists and Pharmacy Technicians Order 2007,
(b)
conferred as mentioned in paragraph (a) by, or by virtue of, F23another Order in Council under section 60 of the 1999 Act, or
F24(c)
otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the professions regulated by the Pharmacists and Pharmacy Technicians Order 2007.
(6)
The Council may not do anything in relation to the functions of the Pharmaceutical Society of Northern Ireland (or its Council, or an officer or committee of the Society) unless those functions are—
(a)
conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)), other than Article 3(3)(e) (the benevolent functions),
(b)
conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act or an order under section 56 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (which makes provision corresponding to section 60 of the 1999 Act), or
(c)
otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.
(7)
The Secretary of State, the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland may ask the Council for advice on any matter connected with a profession appearing to him or them to be a health care profession.
(8)
The Council must comply with such a request.
(9)
“(c)
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.”
(10)
“(4)
An Order may not confer any additional powers of direction over the Council for the Regulation of Health Care Professionals.”
(11)
In subsections (3) and (4), “proceedings”, in relation to a regulatory body, or one of its committees or officers, includes a process of decision-making by which a decision could be made affecting the registration of the individual in question.
(12)
In this section, “health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals.
27 Regulatory bodies and the Council
(1)
Each regulatory body must in the exercise of its functions co-operate with the Council.
(2)
If the Council considers that it would be desirable to do so for the protection of members of the public, it may give directions requiring a regulatory body to make rules (under any power the body has to do so) to achieve an effect which must be specified in the directions.
(3)
The Council may give such directions only in relation to rules which must be approved by the Privy Council (whether by order or not) or by the Department of Health, Social Services and Public Safety in Northern Ireland before coming into force.
(4)
The Council must send a copy of any such directions to the relevant authority.
(5)
The relevant authority is the Secretary of State or, if the regulatory body in question is the Pharmaceutical Society of Northern Ireland, the Department of Health, Social Services and Public Safety there.
(6)
The directions do not come into force until the date specified in an order made by the relevant authority.
(7)
The Secretary of State must lay before both Houses of Parliament, or (as the case may be) the Department of Health, Social Services and Public Safety must lay before the Northern Ireland Assembly, a draft of an order—
(a)
setting out any directions he or it receives pursuant to subsection (4), and
(b)
specifying the date on which the directions are to come into force.
(8)
Subsections (4) to (7) apply also to—
(a)
directions varying earlier directions, and
(b)
directions revoking earlier directions, and given after—
(i)
both Houses of Parliament have resolved to approve the draft order specifying the date on which the earlier directions are to come into force, or (as the case may be)
(ii)
the Northern Ireland Assembly has done so.
(9)
Subsections (4) and (5) apply also to directions—
(a)
revoking earlier directions, but
(b)
which do not fall within subsection (8)(b),
but subsections (6) and (7) do not apply to such directions.
(10)
If the Council gives directions which fall within subsection (9), the earlier directions which those directions revoke shall be treated as if subsections (6) and (7) had never applied to them, and as never in force.
(11)
A regulatory body must comply with directions given under subsection (2) which have come into force and have not been revoked.
(12)
A regulatory body is not to be taken to have failed to comply with such directions merely because a court determines that the rules made pursuant to the directions are to be construed in such a way that the effect referred to in subsection (2) is not achieved.
(13)
The Secretary of State shall make provision in regulations as to the procedure to be followed in relation to the giving of directions under subsection (2).
(14)
The regulations must, in particular, make provision requiring the Council to consult a regulatory body before giving directions relating to it under subsection (2).
(15)
In this section—
(a)
“making” rules includes amending or revoking rules, and
(b)
“rules” includes regulations, byelaws and schemes.
28 Complaints about regulatory bodies
(1)
The Secretary of State may make provision in regulations about the investigation by the Council of complaints made to it about the way in which a regulatory body has exercised any of its functions.
(2)
The regulations may, in particular, make provision as to—
(a)
who (or what description of person) is entitled to complain,
(b)
the nature of complaints which the Council must (or need not) investigate,
(c)
matters which are excluded from investigation,
(d)
requirements to be complied with by a person who makes a complaint,
(e)
the procedure to be followed by the Council in investigating complaints,
(f)
the making of recommendations or reports by the Council following investigations,
(g)
the confidentiality, or disclosure, of any information supplied to the Council or acquired by it in connection with an investigation,
(h)
the use which the Council may make of any such information,
(i)
the making of payments to any persons in connection with investigations,
(j)
privilege in relation to any matter published by the Council in the exercise of its functions under the regulations.
(3)
The regulations may also make provision—
(a)
empowering the Council to require persons to attend before it,
(b)
empowering the Council to require persons to give evidence or produce documents to it,
(c)
about the admissibility of evidence,
(d)
enabling the Council to administer oaths.
(4)
No person shall be required by or by virtue of regulations under this section to give any evidence or produce any document or other material to the Council which he could not be compelled to give or produce in civil proceedings before the High Court or, in Scotland, the Court of Session.
29 Reference of disciplinary cases by Council to court
(1)
This section applies to—
F25(a)
a direction of the Disciplinary Committee of the Royal Pharmaceutical Society of Great Britain under article 52 of the Pharmacists and Pharmacy Technicians Order 2007 (which gives the Disciplinary Committee powers to direct suspension of registration, the attachment of conditions to registration or removal from the registers) or section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),
(b)
a direction of the Statutory Committee of the Pharmaceutical Society of Northern Ireland under Article 20 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968,
F26(c)
a direction by a Fitness to Practise Panel of the General Medical Council under section 35D of the Medical Act 1983 (c. 54) that the fitness to practise of a medical practitioner was impaired otherwise than by reason of his physical or mental health,
F27(e)
a direction by the Professional Conduct Committee, the Professional Performance Committee or the Health Committee of the General Dental Council under any of sections 27B, 27C, 36P or 36Q of the Dentists Act 1984 following a determination that a person’s fitness to practise as a dentist or as a member of a profession complementary to dentistry, or class of members of such a profession, is impaired (other than a determination based solely on the ground mentioned in section 27(2)(c) or 36N(2)(c) of that Act (adverse physical or mental health)),
F28(f)
a direction by the Fitness to Practise Committee of the General Optical Council under section 13F(2) of the Opticians Act 1989 (powers of Fitness to Practise Committee), other than a direction that a registrant’s fitness to practise is impaired solely by virtue of a matter falling within section 13D(2)(f) of that Act;
(g)
any step taken by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (c. 21) (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee),
(h)
any step taken by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (c. 17) (which relates to corresponding matters),
(i)
any corresponding measure taken in relation to a nurse F29or midwife under the Nursing and Midwifery Order 2001 ,
(j)
any corresponding measure taken in relation to a member of a profession regulated by the Professions Supplementary to Medicine Act 1960 (c. 66) or, after the repeal of that Act by virtue of section 60(3) of the 1999 Act, by any such Order in Council under section 60 of the 1999 Act as is mentioned in section 25(3)(i).
(2)
This section also applies to—
(a)
a final decision of the relevant committee not to take any disciplinary measure under the provision referred to in whichever of paragraphs (a) to (h) of subsection (1) applies,
(b)
any corresponding decision taken in relation to a nurse F30or midwife under the Nursing and Midwifery Order 2001 , or to any such person as is mentioned in subsection (1)(j) and
(c)
a decision of the relevant regulatory body, or one of its committees or officers, to restore a person to the register following his removal from it in accordance with any of the measures referred to in paragraphs (a) to (j) of subsection (1).
(3)
The things to which this section applies are referred to below as “relevant decisions”.
(4)
If the Council considers that—
(a)
a relevant decision falling within subsection (1) has been unduly lenient, whether as to any finding of professional misconduct or fitness to practise on the part of the practitioner concerned (or lack of such a finding), or as to any penalty imposed, or both, or
(b)
a relevant decision falling within subsection (2) should not have been made,
and that it would be desirable for the protection of members of the public for the Council to take action under this section, the Council may refer the case to the relevant court.
(5)
In subsection (4), the “relevant court”—
(a)
in the case of a person whose address in the register of practitioners in question is (or if he were registered would be) in Scotland, means the Court of Session,
(b)
in the case of a person whose address in the register of practitioners in question is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and
(c)
in the case of any other person (including one who is not registered and is not seeking registration or restoration to the register), means the High Court of Justice in England and Wales.
(6)
The Council may not so refer a case after the end of the period of four weeks beginning with the last date on which the practitioner concerned has the right to appeal against the relevant decision.
(7)
If the Council does so refer a case—
(a)
the case is to be treated by the court to which it has been referred as an appeal by the Council against the relevant decision (even though the Council was not a party to the proceedings resulting in the relevant decision), and
(b)
the body which made the relevant decision is to be a respondent.
(8)
The court may—
(a)
dismiss the appeal,
(b)
allow the appeal and quash the relevant decision,
(c)
substitute for the relevant decision any other decision which could have been made by the committee or other person concerned, or
(d)
remit the case to the committee or other person concerned to dispose of the case in accordance with the directions of the court,
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.
Appeals
30 Medical practitioners
(1)
The Medical Act 1983 (c. 54) is amended as follows.
(2)
In section 40 (appeals)—
(a)
in subsection (1), paragraph (c) is omitted,
(b)
“(1A)
A decision of the General Council under section 39 above giving a direction for erasure is also an appealable decision for the purposes of this section.”,
(c)
“(3)
A person in respect of whom an appealable decision falling within subsection (1) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 36(6), 36A(7), or 37(6) above, or section 41(7) or 45(7) below, appeal against the decision to the relevant court.
(3A)
In subsection (3), “the relevant court”—
(a)
in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,
(b)
in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and
(c)
in the case of any other person (including one appealing against a decision falling within subsection (1)(e)), means the High Court of Justice in England and Wales.
(3B)
A person in respect of whom an appealable decision falling within subsection (1A) above has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 39(2), appeal against the decision to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register is situated.”,
(d)
subsections (4) to (6), (9) and (10) are omitted, and
(e)
“(7)
On an appeal under this section from the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee, the court may—
(a)
dismiss the appeal,
(b)
allow the appeal and quash the direction or variation appealed against,
(c)
substitute for the direction or variation appealed against any other direction or variation which could have been given or made by the committee concerned, or
(d)
remit the case to the committee concerned to dispose of the case in accordance with the directions of the court,
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.
(8)
On an appeal under this section from the General Council, the court (or the sheriff) may—
(a)
dismiss the appeal,
(b)
allow the appeal and quash the direction appealed against, or
(c)
remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),
and may make such order as to costs (or in Scotland, expenses) as it (or he) thinks fit.”
(3)
In Schedule 4 (proceedings before Professional Conduct, Health and Preliminary Proceedings Committees)—
(a)
in paragraph 3(b), the words “to Her Majesty in Council” are omitted and for “the Judicial Committee” there is substituted “
the court (or the sheriff)
”
,
(b)
in paragraph 10(1)—
(i)
for “section 37 of this Act and” there is substituted “
section 37 of this Act,
”
,
(ii)
after “or 37 of this Act”, there is inserted “
and a direction for erasure given by the General Council under section 39 of this Act
”
, and
(iii)
in paragraph (a), for the words “mentioned in subsection (3) of that section” there is substituted “
specified in that section
”
,
(c)
paragraph 10(2) is omitted, and
(d)
in paragraph 10(3)—
(i)
“or (2)” is omitted,
(ii)
“or that sub-paragraph as applied by sub-paragraph (2) above” is omitted,
(iii)
for “mentioned in section 40(3)” there is substituted “
specified in section 40
”
, and
(iv)
for “mentioned in the said section 40(3)” there is substituted “
specified in section 40 of this Act
”
.
31 Dentists
(1)
The Dentists Act 1984 (c. 24) is amended as follows.
(2)
In section 29 (appeals)—
(a)
in subsection (1), for the words from “to Her” to the end there is substituted “
against that determination or direction to the relevant court.
”
,
(b)
“(1A)
In subsection (1), “the relevant court”—
(a)
in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,
(b)
in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and
(c)
in the case of any other person, means the High Court of Justice in England and Wales.”,
(c)
subsection (2) is omitted, and
(d)
“(3)
On an appeal under this section, the court may—
(a)
dismiss the appeal,
(b)
allow the appeal and quash the determination or direction appealed against,
(c)
(in the case of an appeal against a determination under section 27 above or a direction under section 28 above) substitute for the determination or direction appealed against any other determination or direction which could have been made or given by the Professional Conduct Committee or (as the case may be) the Health Committee, or
(d)
remit the case to the Professional Conduct Committee, the Health Committee or the Continuing Professional Development Committee to dispose of the case under section 27 or 28 above or Schedule 3A to this Act in accordance with the directions of the court,
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.”
(3)
In section 44 (withdrawal of privilege from body corporate)—
(a)
in subsection (4)—
(i)
after “days” there is inserted “
from service
”
, and
(ii)
for the words from “in accordance” to “Majesty in Council” there is substituted “
appeal to the relevant court
”
, and
(b)
“(4A)
In subsection (4), “the relevant court”—
(a)
where the registered office of the body corporate is in Northern Ireland, means the High Court of Justice in Northern Ireland,
(b)
where the registered office of the body corporate is in Scotland, means the Court of Session,
(c)
where the registered office of the body corporate is in any other place, means the High Court of Justice in England and Wales.”
(4)
In section 51, the words from “(other” to “appeals)” are omitted.
(5)
In section 34A (professional training and development requirements), in subsection (7)(b), for “to Her Majesty in Council” there is substituted “
under section 29 above to the relevant court
”
.
(6)
Subsection (5) has effect—
(a)
upon the coming into force of this section, if that happens after the coming into force of article 8 of the Dentists Act 1984 (Amendment) Order 2001 (S.I. 2001/3926) (“the Dentists Order”) so far as that article effects the insertion into the Dentists Act 1984 (c. 24) of the new section 34A(7)(b),
(b)
otherwise, immediately after the coming into force to that extent of that article.
(7)
If this section comes into force before article 10(3) of the Dentists Order—
(a)
paragraphs (b), (c) and (d) of article 10(3) of that Order are revoked upon the coming into force of this section, and
(b)
until the coming into force of the remainder of article 10(3) of that Order, section 29 of the Dentists Act 1984 (c. 24) (as amended by this section) is to be read with the modifications set out in subsection (8).
(8)
The modifications are that section 29 is to be read as if—
(a)
in each of paragraphs (a) and (b) of subsection (1A), the words “(or if he were registered would be)” were omitted,
(b)
in paragraph (c) of subsection (3), the words “(in the case of an appeal against a determination under section 27 above or a direction under section 28 above)” were omitted, and
(c)
in paragraph (d) of subsection (3)—
(i)
for the words “, the Health Committee or the Continuing Professional Development Committee” there were substituted “
or the Health Committee
”
, and
(ii)
the words “or Schedule 3A to this Act” were omitted.
32 Opticians
(1)
Section 23 of the Opticians Act 1989 (c. 44) (appeals in disciplinary and other cases) is amended as follows.
(2)
“(1)
An individual or body corporate who is notified under subsection (11) of section 17—
(a)
that a disciplinary order has been made against him under that section; or
(b)
that a direction has been given in respect of him under subsection (9) of that section,
may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that order or direction to the relevant court.
(1A)
In subsection (1), “the relevant court”—
(a)
in the case of an individual whose address in the register is in Scotland, or a body corporate whose registered office is in Scotland, means the Court of Session,
(b)
in the case of an individual whose address in the register is in Northern Ireland, or a body corporate whose registered office is in Northern Ireland, means the High Court of Justice in Northern Ireland, and
(c)
in the case of any other individual or body corporate, means the High Court of Justice in England and Wales.
(1B)
An individual or body corporate who is notified under subsection (3) of section 19 above that a direction has been given in respect of him under that section may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that direction to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register or (as the case may be) the registered office is situated.
(1C)
On an appeal under this section, the court (or the sheriff) may—
(a)
dismiss the appeal,
(b)
allow the appeal and quash the order or direction appealed against,
(c)
substitute for the order or direction appealed against any other order or direction which could have been made by the Disciplinary Committee, or
(d)
remit the case to the Disciplinary Committee to dispose of the case in accordance with the directions of the court (or the sheriff),
and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”
(3)
In subsection (2), for “any such appeal”, where it first appears, there is substituted “
any appeal under this section
”
.
33 Osteopaths
(1)
The Osteopaths Act 1993 (c. 21) is amended as follows.
(2)
In section 10 (fraud or error in relation to registration)—
(a)
in subsection (7), for “Her Majesty in Council” there is substituted “
a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated
”
,
(b)
“(8)
Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).”,
(c)
subsection (10) is omitted, and
(d)
“(11)
On an appeal under this section, the court (or the sheriff) may—
(a)
dismiss the appeal,
(b)
allow the appeal and quash the order appealed against, or
(c)
remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),
and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”
(3)
In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (6) and (8), for “recommendation under section 31(8)(c)” there is substituted “
decision of a court on an appeal under section 31
”
.
(4)
In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “
decision of a court on an appeal under section 31
”
.
(5)
“(4)
A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.
(4A)
On an appeal under subsection (4) above, the court (or the sheriff) may—
(a)
dismiss the appeal,
(b)
allow the appeal and quash the decision appealed against,
(c)
substitute for the decision appealed against any other decision which could have been made by the Registrar, or
(d)
remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),
and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”
(6)
In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—
(a)
in subsection (1), for the words from “sent to him” to the end there is substituted “
served on him, appeal against it to the relevant court.
”
,
(b)
“(1A)
In subsection (1), “the relevant court”—
(a)
in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,
(b)
in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and
(c)
in the case of any other person, means the High Court of Justice in England and Wales.”,
(c)
subsections (3) to (5) and (7) are omitted, and
(d)
“(8)
On an appeal under this section, the court may—
(a)
dismiss the appeal,
(b)
allow the appeal and quash the decision appealed against,
(c)
substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or
(d)
remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.”
(7)
In section 35 (rules), subsection (3) is omitted.
34 Chiropractors
(1)
The Chiropractors Act 1994 (c. 17) is amended as follows.
(2)
In section 10 (fraud or error in relation to registration)—
(a)
in subsection (7), for “Her Majesty in Council” there is substituted “
a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated
”
,
(b)
“(8)
Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).”,
(c)
subsection (10) is omitted, and
(d)
“(11)
On an appeal under this section, the court (or the sheriff) may—
(a)
dismiss the appeal,
(b)
allow the appeal and quash the order appealed against, or
(c)
remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),
and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”
(3)
In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (7) and (9), for “recommendation under section 31(8)(c)” there is substituted “
decision of a court on an appeal under section 31
”
.
(4)
In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “
decision of a court on an appeal under section 31
”
.
(5)
“(4)
A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.
(4A)
On an appeal under subsection (4) above, the court (or the sheriff) may—
(a)
dismiss the appeal,
(b)
allow the appeal and quash the decision appealed against,
(c)
substitute for the decision appealed against any other decision which could have been made by the Registrar, or
(d)
remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),
and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.”
(6)
In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—
(a)
in subsection (1), for the words from “sent to him” to the end there is substituted “
served on him, appeal against it to the relevant court.
”
,
(b)
“(1A)
In subsection (1), “the relevant court”—
(a)
in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,
(b)
in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and
(c)
in the case of any other person, means the High Court of Justice in England and Wales.”,
(c)
subsections (3) to (5) and (7) are omitted, and
(d)
“(8)
On an appeal under this section, the court may—
(a)
dismiss the appeal,
(b)
allow the appeal and quash the decision appealed against,
(c)
substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or
(d)
remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.”
(7)
In section 35 (rules), subsection (3) is omitted.
The pharmacy profession
35 Regulation of the profession of pharmacy
“(2)
But (subject to paragraph 12) an order may not amend the Medicines Act 1968 except in connection with the regulation of the profession regulated by the Pharmacy Act 1954.”
Part 3 Miscellaneous
F3136 Amendments of health service legislation in connection with consolidation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37 Minor and consequential amendments and repeals
(1)
The minor and consequential amendments specified in Schedule 8 are to have effect.
(2)
The enactments specified in Schedule 9 are repealed to the extent specified.
38 Regulations and orders
(1)
Any power under this Act to make any order or regulations is (except in the case of orders under section 22(5)) exercisable by statutory instrument or, in the case of an order made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(2)
A statutory instrument containing any order or regulations made by the Secretary of State under this Act, other than regulations under section 28 or an order under section 27 F32... 42(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)
A statutory instrument containing regulations under section 28 F33... or an order of the Secretary of State under section 27, shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4)
No order shall be made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27 unless a draft of the order has been laid before, and approved by resolution of, the Northern Ireland Assembly.
(5)
Any power under this Act to make any order or regulations may be exercised—
(a)
either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case,
(b)
so as to make, as respects the cases in relation to which it is exercised—
(i)
the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
(ii)
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,
(iii)
any such provision either unconditionally or subject to any specified condition.
(6)
Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.
(7)
Any such power includes power—
(a)
to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the authority making the order or regulations considers to be expedient, and
(b)
to provide for a person to exercise a discretion in dealing with any matter.
(8)
Subsections (5) to (7) do not apply to orders under section 27.
(9)
Subject to subsection (8), nothing in this Act shall be read as affecting the generality of subsection (7).
(10)
Directions given in pursuance of any provision of this Act are, except where otherwise stated, to be given by instrument in writing.
(11)
Any power sconferred by this Act to give directions F34by instrument in writing includes power to vary or revoke them by subsequent directions.
39 Supplementary and consequential provision etc
(1)
The Secretary of State may by regulations 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, or 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, including an enactment contained in an Act passed in the same session as this Act.
(3)
The power to make regulations under this section is also exercisable by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly.
(4)
Nothing in this Act shall be read as affecting the generality of subsection (1).
40 Wales
(1)
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act is (as from the time when the Act is so amended) to be treated as referring to the Act as so amended.
(2)
Subsection (1) does not affect the power to make further Orders varying or omitting any such reference.
41 Financial provisions
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State in consequence of this Act, and
(b)
any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.
42 Short title, interpretation, commencement and extent
(1)
This Act may be cited as the National Health Service Reform and Health Care Professions Act 2002.
(2)
In this Act—
F35...
“the 1999 Act” means the Health Act 1999 (c. 8),
F35...
(3)
This Act, apart from—
(a)
this section and sections 38 to 41, and
(b)
any other provision of this Act so far as it confers any power to make an order or regulations under this Act,
shall come into force on such day as the appropriate authority may by order appoint, and different days may be appointed for different provisions and for different purposes.
(4)
In subsection (3), the “appropriate authority” is—
(a)
in relation to sections 1 to 5, 7, 8, 15 to 22, Part 2, and section 36, the Secretary of State,
(b)
in relation to sections 11 to 14, the Secretary of State after consulting the National Assembly for Wales,
(c)
in relation to sections 6, 9 and 24, the National Assembly for Wales,
(d)
in relation to sections 10 and 23—
(i)
the Secretary of State, in relation to England, and
(ii)
the National Assembly for Wales, in relation to Wales,
(e)
in relation to section 37—
(i)
the Secretary of State, as respects any amendment or repeal consequential on provisions falling within paragraph (a),
(ii)
the Secretary of State, after consulting the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (b),
(iii)
the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (c),
(iv)
otherwise, the Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales.
(5)
Subject to subsection (6), this Act extends to the whole of the United Kingdom, except for Part 1, which extends to England and Wales only.
(6)
The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.
(7)
F36Subsection (6) does not apply to the amendment of the Police Act 1997 (c. 50) made by paragraph 64 of Schedule 2, which extends to England and Wales only.
(8)
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.
SCHEDULE 1English Health Authorities: change of name
F37Part 1Amendments of 1977 Act
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2Amendments of other Acts
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
36
In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which makes provision about payments to make up civil remuneration), in paragraph 15—
(a)
in the entry in the first column, before “a Health Authority” there is inserted “
a Strategic Health Authority,
”
, and
(b)
in the entry in the second column, before “Health Authority” there is inserted “
Strategic Health Authority,
”
.
The Hospital Complaints Procedure Act 1985 (c. 42)
F3837
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
38
(1)
The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as provided in this paragraph.
(2)
In section 7 (persons discharged from hospital), in subsection (9), in paragraph (a) of the definition of “the managers”, after “means the” there is inserted “
Strategic Health Authority,
”
.
(3)
““Strategic Health Authority” means a Strategic Health Authority established under section 8 of the 1977 Act;”.
The National Health Service and Community Care Act 1990 (c. 19)
39
The National Health Service and Community Care Act 1990 is amended as follows.
F3940
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3941
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3942
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3943
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44
In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “means a” there is inserted “
Strategic Health Authority,
”
.
45
In section 60 (removal of Crown immunities), in subsection (7)(a), at the beginning there is inserted “
a Strategic Health Authority or
”
.
F4046
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health Service Commissioners Act 1993 (c. 46)
47
“(a)
Strategic Health Authorities,”.
The 1999 Act
48
The 1999 Act is amended as follows.
F4149
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4250
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4351
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4352
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4353
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54
In section 61 (English and Scottish border provisions), in subsection (2), for “Health Authority” there is substituted “
Strategic Health Authority
”
.
The Health and Social Care Act 2001 (c. 15)
F4455
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2Reallocation of functions of Health Authorities to Primary Care Trusts
Part 1Amendments of 1977 Act
F451
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F462
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F473
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F474
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F475
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F476
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F477
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F478
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F479
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
In section 38 (arrangements for general ophthalmic services), in subsection (1), after “duty” there is inserted “
of every Primary Care Trust and
”
.
F4812
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4813
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4814
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4815
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4816
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4817
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4818
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4819
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4820
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4821
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4822
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4823
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4824
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4825
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4826
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4827
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4828
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4829
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4830
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4831
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4832
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4833
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4834
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4835
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4836
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4837
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2Amendments of other Acts
The National Assistance Act 1948 (c. 29)
38
In section 26 of the National Assistance Act 1948 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C), after “consent of such” there is inserted “
Primary Care Trust or
”
.
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
39
In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which makes provision about payments to make up civil remuneration), in paragraph 16, in the entry in the second column, before “Health Authority” there is inserted “
Primary Care Trust,
”
.
The Health Services and Public Health Act 1968 (c. 46)
40
(1)
The Health Services and Public Health Act 1968 is amended as provided in this paragraph.
(2)
In section 63 (provision of instruction for certain persons), in subsection (2)(b), before “Health Authority” there is inserted “
Primary Care Trust or
”
.
(3)
In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b), before “Health Authority” there is inserted “
Primary Care Trust or
”
.
The Health and Safety at Work etc Act 1974 (c. 37)
41
In section 60 of the Health and Safety at Work etc Act 1974 (which makes supplementary provision in relation to the employment medical advisory service), in subsection (1), after “that each” there is inserted “
Primary Care Trust and
”
.
The Mental Health Act 1983 (c. 20)
42
The Mental Health Act 1983 is amended as follows.
43
In section 25A (applications for supervision), before “Health Authority”, in each place where it occurs, there is inserted “
Primary Care Trust or
”
.
44
In section 25C (supervision applications: supplementary), in subsection (6), after “consent of the” there is inserted “
Primary Care Trust or
”
.
45
In section 25F (reclassification of patient subject to after-care under supervision), in subsection (1), after “effect to the” there is inserted “
Primary Care Trust or
”
.
46
In section 39 (information as to hospitals), in subsection (1), before “Health Authority”, in each place where it occurs, there is inserted “
Primary Care Trust or
”
.
47
In section 117 (after-care), in each of subsections (2), (2A) and (3), before “Health Authority”, in each place where it occurs, there is inserted “
Primary Care Trust or
”
.
48
In section 140 (notification of hospitals having arrangements for reception of urgent cases)—
(a)
after “duty of” there is inserted “
every Primary Care Trust and of
”
,
(b)
for “Health Authority’s area” there is substituted “
area of the Primary Care Trust or Health Authority
”
, and
(c)
after “available to the” there is inserted “
Primary Care Trust or
”
.
49
In section 145 (interpretation), in paragraph (a) of the definition of “the managers”, before “Health Authority” there is inserted “
Primary Care Trust,
”
.
The Public Health (Control of Disease) Act 1984 (c. 22)
50
(1)
The Public Health (Control of Disease) Act 1984 is amended as provided in this paragraph.
(2)
In section 11 (cases of notifiable disease and food poisoning to be reported), before “Health Authority”, in each place where it occurs, there is inserted “
Primary Care Trust or
”
.
(3)
In section 12 (fees for certificates under section 11), in subsection (1), after “that a” there is inserted “
Primary Care Trust or
”
.
(4)
In section 39 (keeper of common lodging-house to notify case of infectious disease), in subsection (3), after “to the” there is inserted “
Primary Care Trust or
”
.
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
51
“(a)
in relation to England, means a Primary Care Trust,
(aa)
in relation to Wales, means a Health Authority, and”.
The Children Act 1989 (c. 41)
52
In Schedule 2 to the Children Act 1989 (local authority support for children and families), in paragraph 1A(3)(a), for “and” there is substituted “
or
”
.
The National Health Service and Community Care Act 1990 (c. 19)
53
The National Health Service and Community Care Act 1990 is amended as follows.
F4954
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
55
(1)
In section 18 (indicative amounts for doctors’ practices)—
(a)
in subsection (1)—
(i)
after “financial year,” there is inserted “
every Primary Care Trust and
”
, and
(ii)
before “Health Authority”, in the second and third places it occurs, there is inserted “
Primary Care Trust or
”
,
(b)
before “Health Authority”, in each other place where it occurs except in subsection (7), there is inserted “
Primary Care Trust or
”
, and
(c)
in subsection (7), for “Health Authority” there is substituted “
Primary Care Trust
”
.
(2)
This paragraph shall cease to have effect on the coming into force of paragraph 80 of Schedule 4 to the 1999 Act (which repeals section 18 of the National Health Service and Community Care Act 1990).
56
In section 47 (assessment of needs for community care services), in subsection (3)—
(a)
before “Health Authority”, where it first occurs, there is inserted “
Primary Care Trust or
”
, and
(b)
before “Health Authority”, in each other place where it occurs, there is inserted “
Primary Care Trust,
”
.
57
In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Strategic Health Authority,” (inserted by paragraph 44 of Schedule 1 to this Act) there is inserted “
Primary Care Trust,
”
.
F5058
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Access to Health Records Act 1990 (c. 23)
59
(1)
The Access to Health Records Act 1990 is amended as provided in this paragraph.
(2)
In section 1 (definitions of certain terms), in subsection (2)(a)(ii), before “Health Authority” there is inserted “
Primary Care Trust,
”
.
(3)
In section 7 (duty of health service bodies etc to take advice), before “Health Authority”, in each place where it occurs, there is inserted “
Primary Care Trust,
”
.
The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
60
In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), before “Health Authority” there is inserted “
Primary Care Trust or
”
.
The Health Service Commissioners Act 1993 (c. 46)
61
(1)
The Health Service Commissioners Act 1993 is amended as provided in this paragraph.
(2)
In section 2 (bodies subject to investigation)—
(a)
in subsection (1), in paragraph (da), “established for areas in England” is omitted, and
(b)
in subsection (2), in paragraph (a), “whose areas are in Wales” is omitted.
(3)
In section 6 (which provides for certain action by Health Authorities, etc not to be investigated), in each of subsections (3) and (5), after “taken by a” there is inserted “
Primary Care Trust or
”
.
The Health Authorities Act 1995 (c. 17)
62
In Schedule 2 to the Health Authorities Act 1995 (transitional provisions and savings), in paragraph 2, before “Health Authority”, in each place where it occurs, there is inserted “
Primary Care Trust,
”
.
The Employment Rights Act 1996 (c. 18)
63
In section 43K of the Employment Rights Act 1996 (extended meaning of “worker” for Part 4A of that Act), in subsection (1)(c)(i), before “Health Authority” there is inserted “
Primary Care Trust or
”
.
The Police Act 1997 (c. 50)
64
F51In section 115 of the Police Act 1997 (enhanced criminal record certificates), in subsection (6E), before “Health Authority”, in both places, there is inserted “
Primary Care Trust or
”.
The School Standards and Framework Act 1998 (c. 31)
65
In Schedule 9 to the School Standards and Framework Act 1998 (which provides for the constitution of school governing bodies), in paragraph 10 (community special schools), in sub-paragraph (5)(a), after “by the” there is inserted “
Primary Care Trust or
”
.
The Government of Wales Act 1998 (c. 38)
66
(1)
The Government of Wales Act 1998 is amended as provided in this paragraph.
(2)
In Schedule 5 (bodies and offices covered by section 74), in paragraph 20, “for an area in, or consisting of, Wales” is omitted.
(3)
In Schedule 17 (audit, etc, of Welsh public bodies), in paragraph 12, “for an area in, or consisting of, Wales” is omitted.
The 1999 Act
F5267
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5368
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5469
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Care Standards Act 2000 (c. 14)
70
In section 20 of the Care Standards Act 2000 (urgent procedure for cancellation, etc of registration of establishment or agency), in subsection (6)(b), before “Health Authority” there is inserted “
Primary Care Trust or
”
.
The Health and Social Care Act 2001 (c. 15)
71
The Health and Social Care Act 2001 is amended as follows.
F5572
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5673
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5674
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5675
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5676
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5677
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5678
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5679
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5680
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5681
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5682
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3Amendments relating to Personal Medical Services and Personal Dental Services
Part 1Amendments of the National Health Service (Primary Care) Act 1997
F571
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F582
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F583
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F584
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F585
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F586
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F597
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F608
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F619
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2Amendments of other Acts
The 1977 Act
F6311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Health Service (Scotland) Act 1978 (c. 29)
12
In the National Health Service (Scotland) Act 1978, in section 17C (personal medical or dental services)—
(a)
in subsection (5), in each of paragraphs (a) and (b), before “Health Authority” there is inserted “
Strategic Health Authority or by a
”
, and
(b)
““Strategic Health Authority” and “Health Authority” have the same meaning as in the National Health Service Act 1977;”.
The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
13
In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), after “by a” there is inserted “
Strategic Health Authority,
”
.
The 1999 Act
F6414
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health and Social Care Act 2001 (c. 15)
15
F65The Health and Social Care Act 2001 is amended as follows.
16
F65(1)
Section 26(1)
(which inserts a new section 28DA into the 1977 Act) is amended as provided in this paragraph.
(2)
In the new section 28DA (lists of persons who may perform personal medical services or personal dental services)—
(a)
in subsection (1), after “publication” there is inserted “
by each Primary Care Trust and
”,
(b)
in subsection (3)—
(i)
in each of paragraphs (a), (b), (c), (e), (g) and (k), before “Health Authority” there is inserted “
Primary Care Trust or
”, and
(ii)
in paragraph (j), after “of” there is inserted “
Primary Care Trusts and
”,
(c)
in subsection (4), in each of paragraphs (a), (b) and (d), before “Health Authority” there is inserted “
Primary Care Trust or
”,
(d)
in subsection (8)—
(i)
before “Health Authority”, in both places, there is inserted “
Primary Care Trust or
”, and
(ii)
in paragraph (c), for “Health Authority’s decision” there is substituted “
decision of the Primary Care Trust or of the Health Authority
”,
(e)
in subsection (9)—
(i)
before “Health Authority” there is inserted “
Primary Care Trust or
”, and
(ii)
for “Health Authority’s decision” there is substituted “
decision of the Primary Care Trust or of the Health Authority
”, and
(f)
in subsection (10), for “Health Authority’s decision” there is substituted “
decision of the Primary Care Trust or of the Health Authority
”.
17
F65In Schedule 1 (exempt information relating to health services), in paragraph 11, after “request to a” there is inserted “
Strategic Health Authority or
”.
F66 SCHEDULE 4Local Health Boards
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 5Amendments relating to Local Health Boards
The Public Bodies (Admission to Meetings) Act 1960 (c. 67)
1
“(gh)
Local Health Boards;”.
The Health Services and Public Health Act 1968 (c. 46)
2
(1)
Section 63 of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc) is amended as follows.
(2)
In subsection (1)(a), for “or Primary Care Trust” there is substituted “
, Primary Care Trust or Local Health Board
”
.
(3)
In subsection (5A), for “or Primary Care Trust”, in both places, there is substituted “
, Primary Care Trust or Local Health Board
”
.
(4)
“(bbb)
Local Health Boards; and”.
The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
3
In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—
(a)
for “1978 and” there is substituted “
1978,
”
, and
(b)
after “1977” there is inserted “
and a Local Health Board established under section 16BA of that Act
”
.
The 1977 Act
F674
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F675
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F676
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F677
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F678
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F679
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6712
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6713
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6715
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6717
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6718
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6719
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6720
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
“(bbb)
every Local Health Board;”.
F6922
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7023
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Acquisition of Land Act 1981 (c. 67)
25
“and
(d)
a Local Health Board established under section 16BA of that Act;”.
The Hospital Complaints Procedure Act 1985 (c. 42)
26
In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1B), after “Trust”, where it first occurs, there is inserted “
and Local Health Board
”
, and in the second place where it occurs there is inserted “
or Local Health Board
”
.
The Income and Corporation Taxes Act 1988 (c. 1)
27
“(aba)
a Local Health Board;”.
The Housing Act 1988 (c. 50)
28
In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), in the second paragraph of Ground 16, after “1990,” there is inserted “
or by a Local Health Board,
”
.
The Road Traffic Act 1988 (c. 52)
29
In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)(da), after “1977” there is inserted “
, by a Local Health Board established under section 16BA of that Act
”
.
The National Health Service and Community Care Act 1990 (c. 19)
30
The National Health Service and Community Care Act 1990 is amended as follows.
F7231
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7233
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34
In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Health Authority” there is inserted “
, Local Health Board
”
.
35
In section 61 (health service bodies: taxation), in subsection (3), after “Primary Care Trust” there is inserted “
or Local Health Board
”
.
F7336
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Welsh Language Act 1993 (c. 38)
37
“(ff)
a Local Health Board established under section 16BA of the National Health Service Act 1977;”.
The Health Service Commissioners Act 1993 (c. 46)
F7438
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Vehicle Excise and Registration Act 1994 (c. 22)
39
“or
(e)
a Local Health Board established under section 16BA of that Act.”
The Value Added Tax Act 1994 (c. 23)
40
In section 41 of the Value Added Tax Act 1994 (application to Crown), in subsection (7), after “Primary Care Trust” there is inserted “
and a Local Health Board
”
.
The Data Protection Act 1998 (c. 29)
41
“(bbb)
a Local Health Board established under section 16BA of that Act,”.
The Government of Wales Act 1998 (c. 38)
42
(1)
The Government of Wales Act 1998 is amended as provided in this paragraph.
(2)
“25A
A Local Health Board.”
(3)
“12A
A Local Health Board.”
The 1999 Act
F7543
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7644
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7745
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Care Standards Act 2000 (c. 14)
46
In section 121 of the Care Standards Act 2000 (general interpretation), in subsection (1), in the definition of “National Health Service body”, for “or a Primary Care Trust” there is substituted “
, a Primary Care Trust or a Local Health Board
”
.
The Learning and Skills Act 2000 (c. 21)
47
“(ba)
a Local Health Board,”.
The Freedom of Information Act 2000 (c. 36)
48
“39A
A Local Health Board established under section 16BA of the National Health Service Act 1977.”
The Health and Social Care Act 2001 (c. 15)
F7849
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7850
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7851
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 6The Commission for Patient and Public Involvement in Health
Status
F791
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers
F792
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Membership
F793
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appointment, procedure etc
F794
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F795
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F796
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remuneration and allowances
F797
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff
F798
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delegation of functions
F799
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assistance
F7910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payments and loans to the Commission
F7911
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounts and audit
F7912
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reports and other information
F7913
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of seal and evidence
F7914
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7915
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous amendments
16
“Commission for Patient and Public Involvement in Health.”
17
“Commission for Patient and Public Involvement in Health.”
18
“The Commission for Patient and Public Involvement in Health.”
19
“45B
The Commission for Patient and Public Involvement in Health.”
SCHEDULE 7The Council for the Regulation of Health Care Professionals
Status
1
The Council is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Council’s property is not to be regarded as property of, or property held on behalf of, the Crown.
2
For the purposes of—
(a)
section 23(2)(b) of the Scotland Act 1998 (c. 46) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and
(b)
section 70(6) of that Act (accounts prepared by cross-border bodies),
the Council is to be treated as a cross-border public authority within the meaning of that Act.
Powers
3
The power in section 26(1) includes the power to—
(a)
acquire and dispose of land and other property, and
(b)
enter into contracts.
Membership and chairman
4
(1)
The Council is to consist of—
(a)
a member appointed by the National Assembly for Wales,
(b)
a member appointed by the Scottish Ministers,
(c)
a member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland,
(d)
a member appointed by each regulatory body (who need not be a member of a regulatory body), and
(e)
other members appointed by the Secretary of State.
(2)
Subject to sub-paragraph (3), the members of the Council shall elect one of their number as chairman.
(3)
The first chairman shall be appointed as such from among the members by the Secretary of State.
(4)
The number of members to be appointed under paragraph (d) of sub-paragraph (1) is to be one fewer than the total number of other members.
Appointment, procedure etc
F805
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The Secretary of State may by regulations provide for—
(a)
the election of the chairman and the appointment of other members of the Council (including any conditions to be fulfilled for appointment),
(b)
the tenure of office of the chairman and other members of the Council (including the circumstances in which they cease to hold office or may be removed or suspended from office), and
(c)
the appointment of, constitution of and exercise of functions by committees and sub-committees of the Council (including committees and sub-committees which consist of or include persons who are not members of the Council).
7
The Council may regulate its own procedure.
8
The validity of any proceedings of the Council is not affected by a vacancy amongst its members or by a defect in the appointment of a member.
Members’ interests
9
(1)
The Council must establish and maintain a system for the declaration and registration of private interests of its members.
(2)
The Council must publish entries recorded in the register of members’ interests.
Remuneration and allowances
10
(1)
The Council may pay to its chairman, and to any other member of the Council, such remuneration and allowances as the Secretary of State may determine.
(2)
The Council may pay to any member of a committee or sub-committee of the Council such allowances as the Secretary of State may determine.
(3)
If the Secretary of State so determines, the Council must provide for the payment of such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or any other member of the Council.
(4)
If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the Council to receive compensation, the Council must pay to him such compensation as the Secretary of State may determine.
Employees
11
The Council may appoint such employees as it considers appropriate on such terms and conditions as it may determine.
Delegation of functions
12
(1)
The Council may arrange for the discharge of any of its functions by—
(a)
a committee, sub-committee, member or employee of the Council, or
(b)
any other person.
(2)
If the Council does arrange for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
Assistance
13
(1)
The Council may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case.
(2)
Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
Payments and loans to Council
14
(1)
The Secretary of State may make payments out of money provided by Parliament to the Council of such amounts, at such times and on such conditions (if any) as he considers appropriate.
(2)
An appropriate authority may make payments to the Council of such amounts, at such times and on such conditions (if any) as it considers appropriate.
(3)
The Secretary of State may make loans out of money provided by Parliament to the Council on such terms (including terms as to repayment and interest) as he may determine.
(4)
An appropriate authority may make loans to the Council on such terms (including terms as to repayment and interest) as it may determine.
(5)
The approval of the Treasury is required as to the amount and terms of any loan under sub-paragraph (3).
(6)
Except as provided by sub-paragraphs (3) and (4), the Council has no power to borrow money.
(7)
The Secretary of State may give directions to the Council as to the application of any sums received by it under sub-paragraph (1) or (3).
(8)
An appropriate authority may give directions to the Council as to the application of any sums received by it from the authority under sub-paragraph (2) or (4).
(9)
The Council must comply with any directions under sub-paragraph (7) or (8).
(10)
In this paragraph, “appropriate authority” means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.
Accounts
15
(1)
The Council must keep accounts in such form as the Secretary of State may determine.
(2)
The Council must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.
(3)
The Council must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.
(4)
Within that period the Council must also send copies of the annual accounts to—
(a)
the Scottish Ministers,
(b)
the National Assembly for Wales, and
(c)
the Department of Health, Social Services and Public Safety in Northern Ireland.
(5)
The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.
(6)
A copy of the accounts shall be laid before—
(a)
the Scottish Parliament by the Scottish Ministers,
(b)
the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety there,
and the National Assembly for Wales shall publish the accounts.
(7)
In this paragraph and paragraph 16, “financial year” means—
(a)
the period beginning with the date on which the Council is established and ending with the next 31st March following that date, and
(b)
each successive period of 12 months ending with 31st March.
Reports and other information
16
(1)
The Council must prepare a report on the exercise of its functions during each financial year.
(2)
As soon as possible after the end of each financial year, the Council must lay a copy of its report for that year before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.
(3)
The Council must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information.
(4)
The Council must also comply with any corresponding request by—
(a)
the Scottish Parliament, in relation to matters which concern a subject for which any member of the Scottish Executive has general responsibility,
(b)
the Northern Ireland Assembly, in relation to transferred matters concerning Northern Ireland (“transferred matters” having the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47)).
Application of seal and evidence
17
The application of the seal of the Council must be authenticated by the signature of—
(a)
any member of the Council, or
(b)
any other person who has been authorised by the Council (whether generally or specially) for that purpose.
18
A document purporting to be duly executed under the seal of the Council or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
Meetings of the Council in Northern Ireland
19
(1)
Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c.9) (which provides for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out below, apply in relation to meetings of the Council in Northern Ireland as they apply in relation to meetings of a district council.
(2)
The modifications are—
(a)
any reference to a district council shall be read as a reference to the Council, and
(b)
any reference to councillors or members of the council shall be read as references to members of the Council.
Miscellaneous amendments
20
“Council for the Regulation of Health Care Professionals.”.
21
“(bd)
the Council for the Regulation of Health Care Professionals;”
22
“The Council for the Regulation of Health Care Professionals.”
23
“The Council for the Regulation of Health Care Professionals.”
24
“The Council for the Regulation of Health Care Professionals.”
SCHEDULE 8Minor and consequential amendments
The 1977 Act
F811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F812
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F813
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F814
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F815
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F816
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F817
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F818
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F819
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8412
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Medical Act 1983 (c. 54)
13
The Medical Act 1983 is amended as follows.
14
In section 40 (appeals), in subsection (11), for “enabling directions to be given as to the costs of” there is substituted “
any order as to costs (or, in Scotland, expenses) in relation to
”
.
15
In Schedule 6 (transitional and saving provisions), in paragraph 18, “section 40(4) of this Act or” is omitted.
The Dentists Act 1984 (c. 24)
16
In section 29 of the Dentists Act 1984 (appeals), in subsection (4), for “enabling directions to be given as to the costs of” there is substituted “
any order as to costs (or, in Scotland, expenses) in relation to
”
.
The Opticians Act 1989 (c. 44)
17
In section 23 of the Opticians Act 1989 (appeals in disciplinary and other cases), in subsection (2), for “enabling directions to be given as to the costs of” there is substituted “
any order as to costs (or, in Scotland, expenses) in relation to
”
.
The National Health Service and Community Care Act 1990 (c. 19)
F8518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government (Wales) Act 1994 (c. 19)
19
In Schedule 10 to the Local Government (Wales) Act 1994 (amendments relating to social services), paragraph 11(4) is omitted.
The Health Authorities Act 1995 (c. 17)
20
The Health Authorities Act 1995 is amended as follows.
21
Section 1 (which substituted section 8 of the 1977 Act) is omitted.
22
In Schedule 1 (amendments), paragraphs 32(b), 53 and 107(12)(b) are omitted.
The National Health Service (Primary Care) Act 1997 (c. 46)
F8623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8624
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Government of Wales Act 1998 (c. 38)
F8625
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8626
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8627
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The 1999 Act
F8728
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8729
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8730
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8731
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health and Social Care Act 2001 (c. 15)
F8832
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8833
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8834
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8835
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8836
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8837
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 9Repeals
Part 1National Health Service
Short title and chapter | Extent of repeal |
|---|---|
Health Services and Public Health Act 1968 (c. 46) | In section 63(5B), the “and” at the end of paragraph (bb). |
National Health Service Act 1977 (c. 49) | In section 17B(1), the words from “which” to the end. Section 18(1A)(b). In section 22(1A), the “or” at the end of paragraph (c). In section 28A(1), the “and” at the end of paragraph (a). In section 29B(3), the “or” at the end of paragraph (b). In section 33(1A)(b), “for areas in Wales”. In section 44(2), “with the approval of the Health Authority”. In section 51(3), the “and” at the end of paragraph (bb). Section 97(6)(bb) and (c) and (8). In section 103(3)(a), “or a Primary Care Trust”. In section 125, the “and” at the end of paragraph (bb). In section 126(4A), the “or” at the end of paragraph (b). In Schedule 12A, in paragraph 4(2) the “or” at the end of paragraph (a); in paragraph 5(1) the “and” at the end of paragraph (a); in paragraph 5(2) the “or” at the end of paragraph (a); and in paragraph 7(3) “or Primary Care Trust”. |
Acquisition of Land Act 1981 (c. 67) | In section 16(3), the “and” at the end of paragraph (b). |
Health Service Commissioners Act 1993 (c. 46) | In section 2, in subsection (1)(da), “established for areas in England”; and in subsection (2)(a), “whose areas are in Wales”. |
Government of Wales Act 1998 (c. 38) | In Schedule 5, in paragraph 20, “for an area in, or consisting of, Wales”. In Schedule 17, in paragraph 12, “for an area in, or consisting of, Wales”. |
Health Act 1999 (c. 8) | In section 6(2), in the inserted section 28EE of the 1977 Act, subsection (1). In section 20(1), the “and” at the end of paragraph (d). In section 23(6), the definition of “NHS premises”. In Schedule 2, in paragraph 7(2), the words after “Commission”; and paragraph 7(6) and (7). |
Health and Social Care Act 2001 (c. 15) | In section 28(7), “or a Primary Care Trust”. In Schedule 3, in the new Schedule 8A inserted by that Schedule, in paragraph 1(8), “or a Primary Care Trust”. |
National Health Service Reform and Health Care Professions Act 2002 (c. 17) | In Schedule 2, in paragraph 2, sub-paragraphs (3) to (5); and paragraph 55. |
Part 2Health care professions
Short title and chapter | Extent of repeal |
|---|---|
Medical Act 1983 (c. 54) | Section 40(1)(c), (4) to (6), (9) and (10). In Schedule 4, in paragraph 3(b) “to Her Majesty in Council”; paragraph 10(2); in paragraph 10(3) “or (2)”, and “or that sub-paragraph as applied by sub-paragraph (2) above”. In Schedule 6, in paragraph 18, “section 40(4) of this Act or”. |
Dentists Act 1984 (c. 24) | Section 29(2). In section 51, the words from “(other” to “appeals)”. |
Osteopaths Act 1993 (c. 21) | Section 10 (10). Section 31(3) to (5) and (7). Section 35(3). |
Chiropractors Act 1994 (c. 17) | Section 10(10). Section 31(3) to (5) and (7). Section 35(3). |
Part 3Miscellaneous
Short title and chapter | Extent of repeal |
|---|---|
National Health Service Act 1977 (c. 49) | In section 97D(1)(b), “, apart from subsection (5A)”. |
National Health Service and Community Care Act 1990 (c. 19) | In section 12(4), the words after paragraph (b). |
Local Government (Wales) Act 1994 (c. 19) | In Schedule 10, paragraph 11(4). |
Health Authorities Act 1995 (c. 17) | Section 1. In Schedule 1, paragraphs 32(b), 53 and 107(12)(b). |
National Health Service (Primary Care) Act 1997 (c. 46) | In Schedule 2, paragraphs 71(3), 73 and 75. |
Government of Wales Act 1998 (c. 38) | Section 148. |
Health Act 1999 (c. 8) | In Schedule 4, paragraphs 5, 31(2) and 35. |
Health and Social Care Act 2001 (c. 15) | Section 1(4) and (5). Section 3(3) and (4). Section 43(5). In Schedule 5, paragraph 5(12)(b). |