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National Health Service Reform and Health Care Professions Act 2002

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National Health Service Reform and Health Care Professions Act 2002 is up to date with all changes known to be in force on or before 29 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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SCHEDULES

Section 1(3)

F1SCHEDULE 1E+WEnglish Health Authorities: change of name

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 2(5)

F2SCHEDULE 2E+WReallocation of functions of Health Authorities to Primary Care Trusts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 4(3)

SCHEDULE 3E+WAmendments relating to Personal Medical Services and Personal Dental Services

Part 1E+WAmendments of the National Health Service (Primary Care) Act 1997

F31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F43E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F44E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F45E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F46E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

F57E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 3 para. 9 omitted (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 1 para. 10 (with art. 4)

F810E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 2E+WAmendments of other Acts

The 1977 ActE+W

F911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Sch. 3 para. 12 and cross-heading omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 3(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

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

13In 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 ActE+W

F1114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F1215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F1216E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

F1217E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

Section 6(2)

F13 SCHEDULE 4E+WLocal Health Boards

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 6(2)

SCHEDULE 5E+WAmendments relating to Local Health Boards

The Public Bodies (Admission to Meetings) Act 1960 (c. 67)E+W

1In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph 1(gg) there is inserted—

“(gh)Local Health Boards;”.

Commencement Information

I1Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I2Sch. 5 para. 1 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

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

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)In subsection (5B), the “and” at the end of paragraph (bb) is omitted, and after that paragraph there is inserted—

“(bbb)Local Health Boards; and”.

Commencement Information

I3Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I4Sch. 5 para. 2 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)E+W

3In 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 ”.

Commencement Information

I5Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I6Sch. 5 para. 3 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The 1977 ActE+W

F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F145E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F146E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F147E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F148E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F149E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1410E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1411E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1412E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1413E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1414E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1415E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1416E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1417E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1418E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1419E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1420E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21E+W[F15In section 98 (accounts and audit), in subsection (1), after paragraph (bb) there is inserted—

“(bbb)every Local Health Board;”.]

Textual Amendments

F15Sch. 5 para. 21 repealed (1.2.2007 so far as relating to Welsh NHS bodies) by Health Act 2006 (c. 28), s. 83(7), Sch. 9; S.I. 2007/204, art. 4(c)

Commencement Information

I7Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I8Sch. 5 para. 21 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

F1622E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Sch. 5 para. 22 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

F1723E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1824E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Sch. 5 para. 24 repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4), s. 10(2), Sch. 4; S.I. 2003/2660, art. 2(1)(iii)(2); S.I. 2003/3064, art. 2(1)(iii)(2)

The Acquisition of Land Act 1981 (c. 67)E+W

25In section 16 of the Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase), in subsection (3), the “and” at the end of paragraph (b) is omitted, and at the end of paragraph (c) there is inserted

“and

(d)a Local Health Board established under section 16BA of that Act;”.

Commencement Information

I9Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I10Sch. 5 para. 25 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Hospital Complaints Procedure Act 1985 (c. 42)E+W

26In 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 ”.

Commencement Information

I11Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I12Sch. 5 para. 26 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Income and Corporation Taxes Act 1988 (c. 1)E+W

F1927. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Sch. 5 para. 27 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

The Housing Act 1988 (c. 50)E+W

28In 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, ”.

Commencement Information

I13Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I14Sch. 5 para. 28 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Road Traffic Act 1988 (c. 52)E+W

29In 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 ”.

Commencement Information

I15Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I16Sch. 5 para. 29 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

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

30The National Health Service and Community Care Act 1990 is amended as follows.

Commencement Information

I17Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I18Sch. 5 para. 30 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

F2031E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2032E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2033E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

34E+WIn section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Health Authority” there is inserted “ , Local Health Board ”.

Commencement Information

I19Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I20Sch. 5 para. 34 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

35E+WIn section 61 (health service bodies: taxation), in subsection (3), after “Primary Care Trust” there is inserted “ or Local Health Board ”.

Commencement Information

I21Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I22Sch. 5 para. 35 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

F2136E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Welsh Language Act 1993 (c. 38)E+W

37In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in subsection (1), after paragraph (f) there is inserted—

“(ff)a Local Health Board established under section 16BA of the National Health Service Act 1977;”.

Commencement Information

I23Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I24Sch. 5 para. 37 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

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

F2238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Vehicle Excise and Registration Act 1994 (c. 22)E+W

39In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles), in paragraph 7, at the end of sub-paragraph (d) there is inserted

“or

(e)a Local Health Board established under section 16BA of that Act.”

Commencement Information

I25Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I26Sch. 5 para. 39 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Value Added Tax Act 1994 (c. 23)E+W

40In 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 ”.

Commencement Information

I27Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I28Sch. 5 para. 40 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Data Protection Act 1998 (c. 29)E+W

41In section 69 of the Data Protection Act 1998 (meaning of “health professional”), in subsection (3), after paragraph (bb) there is inserted—

“(bbb)a Local Health Board established under section 16BA of that Act,”.

Commencement Information

I29Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I30Sch. 5 para. 41 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Government of Wales Act 1998 (c. 38)E+W

42(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), after paragraph 25 there is inserted—

“25AA Local Health Board.”

(3)In Schedule 17 (audit etc of Welsh public bodies), after paragraph 12 there is inserted—

“12AA Local Health Board.”

Commencement Information

I31Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I32Sch. 5 para. 42 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The 1999 ActE+W

F2343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2444E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2545E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Care Standards Act 2000 (c. 14)E+W

46In 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 ”.

Commencement Information

I33Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I34Sch. 5 para. 46 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Learning and Skills Act 2000 (c. 21)E+W

47In section 138 of the Learning and Skills Act 2000 (Wales: provision of information by public bodies), in subsection (3), after paragraph (b) there is inserted—

“(ba)a Local Health Board,”.

Commencement Information

I35Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I36Sch. 5 para. 47 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

The Freedom of Information Act 2000 (c. 36)E+W

48In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 39 there is inserted—

“39AA Local Health Board established under section 16BA of the National Health Service Act 1977.”

Commencement Information

I37Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I38Sch. 5 para. 48 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

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

F2649. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2650E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2651E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 20(11)

SCHEDULE 6E+WThe Commission for Patient and Public Involvement in Health

StatusE+W

F271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PowersE+W

F272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MembershipE+W

F273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appointment, procedure etcE+W

F274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F275E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F276E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Remuneration and allowancesE+W

F277. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

StaffE+W

F278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Delegation of functionsE+W

F279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

AssistanceE+W

F2710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Payments and loans to the CommissionE+W

F2711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Accounts and auditE+W

F2712. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Reports and other informationE+W

F2713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application of seal and evidenceE+W

F2714. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2715E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Miscellaneous amendmentsE+W

16In the First Schedule to the Public Records Act 1958 (c. 51) (definition of public records), the following entry is inserted at the appropriate place in Part 2 of the Table at the end of paragraph 3—

“Commission for Patient and Public Involvement in Health.”

Commencement Information

I39Sch. 6 para. 16 partly in force; Sch. 6 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 6 para. 16 in force for E. at 1.1.2003 by S.I. 2002/3190, art. 2

F2817E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2818E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2819E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 25(4)

SCHEDULE 7U.K.[F29The Professional Standards Authority for Health and Social Care]

Textual Amendments

StatusU.K.

1[F30The Authority] 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 [F31Authority's] property is not to be regarded as property of, or property held on behalf of, the Crown.

Textual Amendments

2U.K.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 [F32Authority] is to be treated as a cross-border public authority within the meaning of that Act.

Textual Amendments

PowersU.K.

3The 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 chairmanU.K.

[F334[F34The Authority] is to consist of—

(a)a chair appointed by the Privy Council,

(b)one non-executive member appointed by the Scottish Ministers,

(c)one non-executive member appointed by the Welsh Ministers,

(d)one non-executive member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland,

(e)three non-executive members appointed by [F35the Privy Council], and

(f)[F36one executive member] appointed in accordance with paragraph 11.]

Textual Amendments

F35Words in Sch. 7 para. 4(e) substituted (9.6.2014) by Health and Social Care Act 2012 (c. 7), ss. 226(2)(a), 306(4); S.I. 2014/1454, art. 2

F36Words in Sch. 7 para. 4(f) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 226(2)(b), 306(4); S.I. 2012/2657, art. 2(3)

Appointment, procedure etcU.K.

F375. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6U.K.[F38The Privy Council] may by regulations provide for—

[F39(a)the conditions to be fulfilled for appointment as chair or other member of the [F40Authority],]

(b)the tenure of office of the [F41chair and non-executive members] of the [F40Authority] (including the circumstances in which they cease to hold office or may be removed or suspended from office),

[F42(ba)the appointment of a member as deputy chair and the circumstances in which that member ceases to hold, or may be removed from, office as deputy chair,] and

(c)the appointment of, constitution of and exercise of functions by committees and sub-committees of the [F40Authority] (including committees and sub-committees which consist of or include persons who are not members of the [F40Authority]).

Textual Amendments

F38Words in Sch. 7 para. 6 substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7), ss. 226(3), 306(4); S.I. 2018/617, art. 2(b) (with art. 3)

F39Sch. 7 para. 6(a) substituted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(a), 170; S.I. 2008/3244, art. 2(b)

F40Words in Sch. 7 para. 6(a)(b)(c) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F41Words in Sch. 7 para. 6(b) substituted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(b), 170; S.I. 2008/3244, art. 2(b)

F42Sch. 7 para. 6(ba) inserted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 114(3)(c), 170; S.I. 2008/3244, art. 2(b)

Commencement Information

I40Sch. 7 para. 6 wholly in force at 27.8.2002; Sch. 7 para. 6 in force for certain purposes at Royal Assent, see s. 42(3); Sch. 7 para. 6 in force at 27.8.2002 by S.I. 2002/2202, art. 2(1)

7U.K.The [F43Authority] may regulate its own procedure.

Textual Amendments

8U.K.The validity of any proceedings of the [F44Authority] is not affected by a vacancy amongst its members or by a defect in the appointment of a member.

Textual Amendments

Members’ interestsU.K.

9(1)The [F45Authority] must establish and maintain a system for the declaration and registration of private interests of its members.

(2)The [F45Authority] must publish entries recorded in the register of members’ interests.

Textual Amendments

F45Words in Sch. 7 para. 9(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Remuneration and allowancesU.K.

10(1)The [F46Authority] may pay to its [F47chair], and to any other member of the [F46Authority], such remuneration and allowances as [F48the Authority] may determine.

(2)The [F46Authority] may pay to any member of a committee or sub-committee of the [F46Authority] such allowances as [F48the Authority] may determine.

[F49(3)The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in respect of a person who is or has been the chair or any other member of the Authority.

(4)The Authority may, where it considers there are special circumstances that make it right for a person ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may determine.]

Textual Amendments

F46Word in Sch. 7 para. 10(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F47Word in Sch. 7 para. 10 substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 114(4), 170(3)(4); S.I. 2008/3244, art. 2(b)

F48Words in Sch. 7 para. 10(1)(2) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7), ss. 226(4)(a), 306(4); S.I. 2018/617, art. 2(b) (with art. 3)

F49Sch. 7 para. 10(3)(4) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7), ss. 226(4)(b), 306(4); S.I. 2018/617, art. 2(b) (with art. 3)

EmployeesU.K.

[F5011(1)The [F51Authority] may appoint the executive [F52member] referred to in paragraph 4(f) on such terms and conditions as the [F51Authority] may determine.

(2)The executive [F53member must be an employee] of the [F51Authority] .

(3)Any decision of the [F51Authority] under sub-paragraph (1) must be taken by the members appointed under paragraph 4(a) to (e).

(4)The [F51Authority] may appoint such other employees as it considers appropriate on such terms and conditions as it may determine.]

Textual Amendments

F51Words in Sch. 7 para. 11(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F52Word in Sch. 7 para. 11(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 226(5)(a), 306(4); S.I. 2012/2657, art. 2(3)

F53Words in Sch. 7 para. 11(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), ss. 226(5)(b), 306(4); S.I. 2012/2657, art. 2(3)

Delegation of functionsU.K.

12(1)The [F54Authority] may arrange for the discharge of any of its functions by—

(a)a committee, sub-committee, member or employee of the [F54Authority], or

(b)any other person.

(2)If the [F54Authority] 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.

Textual Amendments

F54Words in Sch. 7 para. 12(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

AssistanceU.K.

13(1)The [F55Authority] 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.

Textual Amendments

Payments and loans to [F56Authority] U.K.

14(1)The Secretary of State may make payments out of money provided by Parliament to the [F57Authority] 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 [F57Authority] of such amounts, at such times and on such conditions (if any) as it considers appropriate.

[F58(2A)The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph.]

(3)The Secretary of State may make loans out of money provided by Parliament to the [F57Authority] on such terms (including terms as to repayment and interest) as he may determine.

(4)An appropriate authority may make loans to the [F57Authority] on such terms (including terms as to repayment and interest) as it may determine.

F59(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The Secretary of State may give directions to the [F60Authority] 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 [F60Authority] as to the application of any sums received by it from the authority under sub-paragraph (2) or (4).

(9)The [F60Authority] 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.

Textual Amendments

F56Word in Sch. 7 para. 14 cross-heading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(j); S.I. 2012/2657, art. 2(3)

F57Words in Sch. 7 para. 14(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F58Sch. 7 para. 14(2A) inserted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 224(4), 306(1)(d)(4); S.I. 2015/409, art. 2

F59Sch. 7 para. 14(5)(6) omitted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 224(5), 306(1)(d)(4); S.I. 2015/409, art. 2

F60Words in Sch. 7 para. 14(7)(8)(9) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

AccountsU.K.

15(1)The [F61Authority] must keep accounts in such form as [F62the Privy Council] may determine.

(2)The [F61Authority] must prepare annual accounts in respect of each financial year in such form as [F62the Privy Council] may determine.

(3)The [F61Authority] must send copies of the annual accounts to F63... the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as [F64the Privy Council] may determine.

(4)Within that period the [F61Authority] 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 [F65Authority] is established and ending with the next 31st March following that date, and

(b)each successive period of 12 months ending with 31st March.

Textual Amendments

F61Word in Sch. 7 para. 15(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F65Word in Sch. 7 para. 15(7)(a) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Reports and other informationU.K.

16(1)The [F66Authority] must prepare a report on the exercise of its functions during each financial year.

[F67(1A)The report must state—

(a)how the [F68Authority], in exercising its functions, has promoted the health, safety and well-being of [F69users of health care, users of social care in England, users of social work services in England] and other members of the public, and

(b)how far, in the opinion of the [F68Authority], each regulatory body has complied with any duty imposed on it to promote the health, safety and well-being of such persons.]

[F70(1B)The Authority must, by such date in each year as the Privy Council determines, publish—

(a)a strategic plan for the Authority for the coming financial year, and

(b)a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine.]

(2)As soon as possible after the end of each financial year, the [F71Authority] must lay a copy of its report for that year [F72, and a copy of each of its strategic plans published in that year,] before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.

(3)The [F71Authority] must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information.

(4)The [F71Authority] 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)).

Textual Amendments

F66Word in Sch. 7 para. 16(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F68Words in Sch. 7 para. 16(1A)(a)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F69Words in Sch. 7 para. 16(1A)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 223(14), 306(4); S.I. 2012/1319, art. 2(4)

F71Words in Sch. 7 para. 16(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F72Words in Sch. 7 para. 16(2) inserted (4.6.2018) by Health and Social Care Act 2012 (c. 7), ss. 226(8), 306(4); S.I. 2018/617, art. 2(b)

Commencement Information

I41Sch. 7 para. 16 wholly in force at 1.4.2003; Sch. 7 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 7 para. 16(1)(2) in force at 1.12.2002 by S.I. 2002/2202, art. 2(2); Sch. 7 para. 16(3)(4) in force at 1.4.2003 by S.I. 2002/2202, art. 2(3)

Application of seal and evidenceU.K.

17The application of the seal of the [F73Authority] must be authenticated by the signature of—

(a)any member of the [F73Authority], or

(b)any other person who has been authorised by the [F73Authority] (whether generally or specially) for that purpose.

Textual Amendments

18U.K.A document purporting to be duly executed under the seal of the [F74Authority] 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.

Textual Amendments

Meetings of the [F75Authority] in Northern IrelandU.K.

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 [F76Authority] 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 [F77Authority], and

(b)any reference to councillors or members of the council shall be read as references to members of the [F77Authority].

Textual Amendments

F75Word in Sch. 7 para. 19 cross-heading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(j); S.I. 2012/2657, art. 2(3)

F76Word in Sch. 7 para. 19(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

F77Words in Sch. 7 para. 19(2)(a)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 62(h); S.I. 2012/2657, art. 2(3)

Miscellaneous amendmentsU.K.

F7820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7821U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7822U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7823U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7824U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 37(1)

SCHEDULE 8U.K.Minor and consequential amendments

The 1977 ActU.K.

F791. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F792U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F793U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F794U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F795U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F796U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F797U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F798U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F799U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8010U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80Sch. 8 para. 10 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

F8111U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81Sch. 8 para. 11 repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4), s. 10(2), Sch. 4; S.I. 2003/2660, art. 2(1)(iii)(2); S.I. 2003/3064, art. 2(1)(iii)(2)

F8212U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Medical Act 1983 (c. 54)U.K.

13The Medical Act 1983 is amended as follows.

14U.K.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 ”.

15U.K.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)U.K.

16In 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)U.K.

17In 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)U.K.

F8318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Local Government (Wales) Act 1994 (c. 19)U.K.

19In Schedule 10 to the Local Government (Wales) Act 1994 (amendments relating to social services), paragraph 11(4) is omitted.

Commencement Information

I42Sch. 8 para. 19 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 19 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

The Health Authorities Act 1995 (c. 17)U.K.

20The Health Authorities Act 1995 is amended as follows.

Commencement Information

I43Sch. 8 para. 20 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 20 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) and in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(b) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 20 in force on 10.10.2002 for W. only)

21U.K.Section 1 (which substituted section 8 of the 1977 Act) is omitted.

Commencement Information

I44Sch. 8 para. 21 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 21 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 21 in force on 10.10.2002 for W. only)

22U.K.In Schedule 1 (amendments), paragraphs 32(b), 53 and 107(12)(b) are omitted.

Commencement Information

I45Sch. 8 para. 22 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 22 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) and in force for certain purposes at 1.10.2002 by S.I. 2002/2478, art. 3(2)(b) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 22 in force on 10.10.2002 for W. only)

The National Health Service (Primary Care) Act 1997 (c. 46)U.K.

F8423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8424U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Government of Wales Act 1998 (c. 38)U.K.

F8425. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8426U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8427U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The 1999 ActU.K.

F8528. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8529U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8530U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8531U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F8632. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8633U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8634U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8635U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8636U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8637U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 37(2)

SCHEDULE 9U.K.Repeals

Part 1U.K.National Health Service

Commencement Information

I46Sch. 9 Pt. 1 not in force at Royal Assent, see s. 42(3); specified entries in Sch. 9 Pt. 1 in force for E. and for W. (insofar as the Secretary of State is the appropriate authority) at 1.10.2002 by S.I. 2002/2478, art. 3(1)(f); further specified entry in Sch. 9 Pt. 1 in force for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(c); further specified entries in Sch. 9 Pt. 1 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

I47Sch. 9 Pt. 1 in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580, art. 2(2)(c)

I48Sch. 9 Pt. 1 in force at 1.3.2007 for specified purposes, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

Short title and chapterExtent 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 2 U.K.Health care professions

Short title and chapterExtent 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 3U.K.Miscellaneous

Commencement Information

I49Sch. 9 Pt. 3 not in force at Royal Assent, see s. 42(3); specified entries in Sch. 9 Pt. 3 in force for E. and for W. (insofar as the Secretary of State is the appropriate authority). at 1.10.2002 by S.I. 2002/2478, art. 3(1)(f); further specified entry in Sch. 9 Pt. 3 in force for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(c); further specified entries in Sch. 9 Pt. 3 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.; further specified entries in Sch. 9 Pt. 3 in force for E.W. at 1.1.2003 by S.I. 2002/3190, art. 2(2)(d)

I50Sch. 9 Pt. 3 in force at 1.3.2007 for specified purposes, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 12 (with art. 4)

Short title and chapterExtent 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).

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