National Health Service Reform and Health Care Professions Act 2002

Section 37(1)

SCHEDULE 8 Minor and consequential amendments

The 1977 Act

1 The 1977 Act is amended as follows.

2 In section 29 (arrangements and regulations for general medical services), in subsection (8), for paragraph (c) there is substituted—

“(c) by an interim suspension order under section 41A of that Act,”.

3 In section 43C (indemnity cover), in subsection (3), for the definition of “list” there is substituted—

““list” means a list of any kind mentioned in paragraphs (a) to (e) of section 49F below;”.

4 (1) Section 97A (financial duties of Health Authorities and Special Health Authorities) is amended as follows.

(2) In subsection (1)—

(a) after “duty of” there is inserted “every Strategic Health Authority and of”,

(b) for “the Health Authority” there is substituted “the Authority”, and

(c) in paragraph (a), after “subsection” there is inserted “(A1) or”.

(3) In each of subsections (3), (6), (7) and (8), before “Health Authority”, in each place where it occurs, there is inserted “Strategic Health Authority,”.

(4) In subsection (9)—

(a) in paragraph (a), and in the words following paragraph (c), before “Health Authority” there is inserted “Strategic Health Authority,”, and

(b) in each of paragraphs (b)(i) and (c)(i), before “Health Authority” there is inserted “Strategic Health Authority or”.

5 In section 97AA (resource limits for Health Authorities and Special Health Authorities)—

(a) in subsection (1), after “duty of” there is inserted “every Strategic Health Authority,”, and

(b) in subsection (3)(b), before “Health Authority” there is inserted “Strategic Health Authority,”.

6 In section 97D (financial duties of Primary Care Trusts), in subsection (1)(b), “, apart from subsection (5A)” is omitted.

7 (1) Section 97E (resource limits for Primary Care Trusts) is amended as follows.

(2) In subsection (1), for “the Health Authority for the trust’s area” there is substituted “the Secretary of State”.

(3) For subsection (2A) there is substituted—

“(2A) But in specifying an amount for a Primary Care Trust under subsection (1) above (or in varying the amount under subsection (4) below), the Secretary of State may take into account (in whatever way he thinks appropriate)—

(a) any such use of resources; and

(b) the use of any resources which would have been for the purpose of the trust’s general Part 2 expenditure but for an order under section 103(1) below,

during any period he thinks appropriate (or such elements of such uses of resources as he thinks appropriate).”

8 In section 104 (superannuation of officers of certain hospitals), in subsection (1)(a), for “Health Authorities” there is substituted “NHS trusts”.

9 In section 105 (payments for certain medical examinations), in subsection (2)(b), after “officer of a” there is inserted “NHS trust, Primary Care Trust,”.

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

(a) in subsection (4), after “section 16BB, 18” (substituted by section 6(3) of this Act), there is inserted “or 19A(7)”, and

(b) in subsection (4A), for “directions given in accordance with section 18 above as” there is substituted “the directions”.

11 In Schedule 7 (additional provisions about Community Health Councils), in paragraph 7, for the definition of “local authority” there is substituted—

““local authority” means the council of a Welsh county or county borough, and”.

12 In Schedule 12A (expenditure of Health Authorities and Primary Care Trusts), in each of paragraphs 4(2)(b) and 5(2)(b), for “the Health Authority within whose area the area of the trust falls” there is substituted “the trust”.

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)

18 In section 12 of the National Health Service and Community Care Act 1990 (which relates to functions of health authorities), in subsection (4), the words after paragraph (b) are omitted.

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)

23 The National Health Service (Primary Care) Act 1997 is amended as follows.

24 In Part 2 of Schedule 2 (which makes pre-consolidation amendments), paragraphs 71(3), 73 and 75 are omitted.

The Government of Wales Act 1998 (c. 38)

25 The Government of Wales Act 1998 is amended as follows.

26 In section 27 (reform of Welsh health authorities), in subsection (7)(a), for “section 8(1) and (5)(a)” there is substituted “section 8(1)(b) and (5)(b)”.

27 Section 148 (Health Authorities) is omitted.

The 1999 Act

28 The 1999 Act is amended as follows.

29 In section 18 (duty of quality), in subsection (1), at the beginning there is inserted “It is the duty of each Strategic Health Authority to put and keep in place arrangements for the purpose of monitoring and improving the quality of health care which is provided to individuals in their area, and”.

30 In section 21 (arrangements with the Audit Commission), in subsection (1)(a), for “20(1)(b) or (d)” there is substituted “20(1)(b), (d), (da) or (db)”.

31 In Schedule 4 (minor amendments), paragraphs 5, 31(2) and 35 are omitted.

The Health and Social Care Act 2001 (c. 15)

32 The Health and Social Care Act 2001 is amended as follows.

33 In section 1 (determination of allotments to and resource limits for Health Authorities and Primary Care Trusts), subsections (4) and (5) are omitted.

34 In section 3 (supplementary payments to NHS trusts and Primary Care Trusts), subsections (3) and (4) are omitted.

35 In section 11 (public involvement and consultation)—

(a) in subsection (2), before paragraph (a) there is inserted—

“(za) Strategic Health Authorities,”, and

(b) after subsection (3) there is inserted—

“(4) Subsection (5) applies to health services for which a Strategic Health Authority is not responsible by virtue of subsection (3), but which are provided or to be provided to individuals in the area of the Authority, and for which—

(a) a Primary Care Trust any part of whose area falls within the Authority’s area, or

(b) an NHS trust which provides services at or from a hospital or other establishment or facility which falls within the Authority’s area,

is responsible by virtue of subsection (3).

(5) A Strategic Health Authority may give directions to Primary Care Trusts falling within paragraph (a) of subsection (4), and NHS trusts falling within paragraph (b) of that subsection, as to the arrangements which they are to make under subsection (1) in relation to health services to which this subsection applies.

(6) It is the duty of each Primary Care Trust and each NHS trust to which such directions are given to comply with them.”

36 In section 43 (remote provision of pharmaceutical, etc, services), subsection (5) is omitted.

37 In Schedule 5 (minor and consequential amendments), paragraph 5(12)(b) is omitted.