Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

SCHEDULES

Section 34

SCHEDULE 4 E+W Amendments relating to NHS foundation trusts

The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17) E+W

1 E+W The Voluntary Hospitals (Paying Patients) Act 1936 is amended as follows.

Commencement Information

I1 Sch. 4 para. 1 in force at 1.4.2004 by S.I. 2004/759, art. 2

2 E+W In section 1 (definitions), in the definition of “voluntary hospital”, after “NHS trust” there is inserted “ , an NHS foundation trust ”.

Commencement Information

I2 Sch. 4 para. 2 in force at 1.4.2004 by S.I. 2004/759, art. 2

The National Assistance Act 1948 (c. 29) E+W

3 E+W The National Assistance Act 1948 is amended as follows.

Commencement Information

I3 Sch. 4 para. 3 in force at 1.4.2004 by S.I. 2004/759, art. 2

4 E+W In section 24 (authority liable for provision of accommodation), in subsection (6), for “or an NHS trust” there is substituted “ , an NHS trust or an NHS foundation trust ”.

Commencement Information

I4 Sch. 4 para. 4 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Public Records Act 1958 (c. 51) E+W

5 E+W The Public Records Act 1958 is amended as follows.

Commencement Information

I5 Sch. 4 para. 5 in force at 1.4.2004 by S.I. 2004/759, art. 2

6 E+W In Schedule 1 (definition of public records), in the Table in Part 1, in the entry relating to the Department of Health, in the second column, for “and National Health Service trusts” there is substituted “ , National Health Service trusts and NHS foundation trusts ”.

Commencement Information

I6 Sch. 4 para. 6 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Human Tissue Act 1961 (c. 54) E+W

7 E+W The Human Tissue Act 1961 is amended as follows.

Commencement Information

I7 Sch. 4 para. 7 in force at 1.4.2004 by S.I. 2004/759, art. 2

8 E+W In section 1 (removal of parts of bodies for medical purposes), in subsection (4A)(b), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.

Commencement Information

I8 Sch. 4 para. 8 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Abortion Act 1967 (c. 87) E+W

9 E+W The Abortion Act 1967 is amended as follows.

Commencement Information

I9 Sch. 4 para. 9 in force at 1.4.2004 by S.I. 2004/759, art. 2

10 E+W In section 1 (medical termination of pregnancy), in subsection (3), after “National Health Service trust” there is inserted “ or an NHS foundation trust ”.

Commencement Information

I10 Sch. 4 para. 10 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Leasehold Reform Act 1967 (c. 88) E+W

11 E+W The Leasehold Reform Act 1967 is amended as follows.

Commencement Information

I11 Sch. 4 para. 11 in force at 1.4.2004 by S.I. 2004/759, art. 2

12 E+W In section 28 (retention or assumption of land required for public purposes)—

(a) in subsection (5), for “and any National Health Service trust” there is substituted “ , any National Health Service trust and any NHS foundation trust ”,

(b) in subsection (6)(c), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”.

Commencement Information

I12 Sch. 4 para. 12 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

13 E+W The Health Services and Public Health Act 1968 is amended as follows.

Commencement Information

I13 Sch. 4 para. 13 in force at 1.4.2004 by S.I. 2004/759, art. 2

14 E+W In section 63 (provisions of instruction for officers of hospital authorities etc. employed, or contemplating employment, in certain activities connected with health or welfare), in subsection (5B), the “and” at the end of paragraph (bbb) is omitted and after paragraph (c) there is inserted—

“(d) NHS foundation trusts”.

Commencement Information

I14 Sch. 4 para. 14 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

15 E+W The Employers' Liability (Compulsory Insurance) Act 1969 is amended as follows.

Commencement Information

I15 Sch. 4 para. 15 in force at 1.4.2004 by S.I. 2004/759, art. 2

16 E+W In section 3 (employers exempted from insurance), in subsection (2)(a), after “1978,” there is inserted “ an NHS foundation trust, ”.

Commencement Information

I16 Sch. 4 para. 16 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Local Government Act 1972 (c. 70) E+W

17 E+W The Local Government Act 1972 is amended as follows.

Commencement Information

I17 Sch. 4 para. 17 in force at 1.4.2004 by S.I. 2004/759, art. 2

18 E+W In section 113 (placing of staff of local authorities at disposal of other local authorities), in subsection (1A), for “or NHS trust” (in each place) there is substituted “ , NHS trust or NHS foundation trust ”.

Commencement Information

I18 Sch. 4 para. 18 in force at 1.4.2004 by S.I. 2004/759, art. 2

The House of Commons Disqualification Act 1975 (c. 24) E+W

19 E+W The House of Commons Disqualification Act 1975 is amended as follows.

Commencement Information

I19 Sch. 4 para. 19 in force at 1.4.2004 by S.I. 2004/759, art. 2

20 E+W In Part 3 of Schedule 1 (disqualifying offices), there is inserted at the appropriate place— “ Chairman or other non-executive director of an NHS foundation trust. ”

Commencement Information

I20 Sch. 4 para. 20 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Race Relations Act 1976 (c. 74) E+W

21 E+W The Race Relations Act 1976 is amended as follows.

Commencement Information

I21 Sch. 4 para. 21 in force at 1.4.2004 by S.I. 2004/759, art. 2

22 E+W In Schedule 1A (bodies and other persons subject to general statutory duty), after paragraph 8 there is inserted—

“8A An NHS foundation trust.”

Commencement Information

I22 Sch. 4 para. 22 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

23 E+W The 1977 Act is amended as follows.

Commencement Information

I23 Sch. 4 para. 23 in force at 1.4.2004 by S.I. 2004/759, art. 2

24 E+W In section 18A (provision of services etc. by PCTs), in subsection (6)(a), after “NHS contracts” there is inserted “ or under agreements or arrangements made with NHS foundation trusts ”.

Commencement Information

I24 Sch. 4 para. 24 in force at 1.4.2004 by S.I. 2004/759, art. 2

25 E+W In section 22 (co-operation between health authorities and local authorities), in subsection (1A), the “or” at the end of paragraph (cc) is omitted and after paragraph (d) there is inserted—

“(e) an NHS foundation trust”.

Commencement Information

I25 Sch. 4 para. 25 in force at 1.4.2004 by S.I. 2004/759, art. 2

26 E+W In section 28 (supply of goods and services by local authorities), in subsection (3)—

(a) for “and NHS trusts” (in both places) there is substituted “ , NHS trusts and NHS foundation trusts ”,

(b) for “and the National Health Service and Community Care Act 1990” there is substituted “ , the National Health Service and Community Care Act 1990 and Part 1 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

Commencement Information

I26 Sch. 4 para. 26 in force at 1.4.2004 by S.I. 2004/759, art. 2

27 E+W In section 28A (power to make payments towards expenditure on community services), in subsection (2B), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.

Commencement Information

I27 Sch. 4 para. 27 in force at 1.4.2004 by S.I. 2004/759, art. 2

28 E+W In section 63 (hospital accommodation on part payment), in subsection (1C), at the end there is inserted “ or an NHS foundation trust ”.

Commencement Information

I28 Sch. 4 para. 28 in force at 1.4.2004 by S.I. 2004/759, art. 2

29 E+W In section 65 (accommodation and services for private patients), in subsection (4), at the end there is inserted “ or an NHS foundation trust ”.

Commencement Information

I29 Sch. 4 para. 29 in force at 1.4.2004 by S.I. 2004/759, art. 2

30 E+W In section 81 (charges for more expensive supplies), in paragraph (a), for “or an NHS trust” there is substituted “ , an NHS trust or an NHS foundation trust ”.

Commencement Information

I30 Sch. 4 para. 30 in force at 1.4.2004 by S.I. 2004/759, art. 2

31 E+W In section 82 (charges for repairs and replacements in certain cases), in paragraph (a), for “or an NHS trust” there is substituted “ , an NHS trust or an NHS foundation trust ”.

Commencement Information

I31 Sch. 4 para. 31 in force at 1.4.2004 by S.I. 2004/759, art. 2

32 E+W In section 83A (remission and repayment of charges and payment of travelling expenses), in subsection (1)—

(a) in paragraph (b), for “or an NHS trust” there is substituted “ , an NHS trust or an NHS foundation trust ”,

(b) in paragraph (c), after “NHS trust” there is inserted “ or an NHS foundation trust ”.

Commencement Information

I32 Sch. 4 para. 32 in force at 1.4.2004 by S.I. 2004/759, art. 2

33 E+W In section 84 (inquiries), in subsection (1), at the end there is inserted “ or Part 1 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

Commencement Information

I33 Sch. 4 para. 33 in force at 1.4.2004 by S.I. 2004/759, art. 2

34 E+W In section 91 (private trusts for hospitals), in subsection (3), after “NHS trust” (in each place) there is inserted “ NHS foundation trust ”.

Commencement Information

I34 Sch. 4 para. 34 in force at 1.4.2004 by S.I. 2004/759, art. 2

35 E+W In section 92 (further transfers of trust property)—

(a) in subsection (1A), after “NHS trust” (in both places) there is inserted “ NHS foundation trust ”,

(b) in subsection (7), before “a Primary Care Trust” there is inserted “ an NHS foundation trust and ”.

Commencement Information

I35 Sch. 4 para. 35 in force at 1.4.2004 by S.I. 2004/759, art. 2

36 E+W In section 96 (trusts: supplementary provisions), any reference to sections 90 to 95 of the 1977 Act includes section 22(1) to (3) of this Act.

Commencement Information

I36 Sch. 4 para. 36 in force at 1.4.2004 by S.I. 2004/759, art. 2

37 E+W In section 96A (powers of health bodies to raise money by appeals etc.), after subsection (11) there is inserted—

“(12) This section has effect in relation to an NHS foundation trust as it has effect in relation to an NHS trust, but as if the reference in subsection (5A) to section 11(1) of the National Health Service and Community Care Act 1990 included a reference to section 22 of the Health and Social Care (Community Health and Standards) Act 2003.”

Commencement Information

I37 Sch. 4 para. 37 in force at 1.4.2004 by S.I. 2004/759, art. 2

38 E+W In section 103 (special arrangement as to payment of remuneration), in subsection (3)(a), after “NHS trust” there is inserted “ or an NHS foundation trust ”.

Commencement Information

I38 Sch. 4 para. 38 in force at 1.4.2004 by S.I. 2004/759, art. 2

39 E+W In section 105 (payments for certain medical examinations), in subsection (2)(b), after “NHS trust,” there is inserted “ NHS foundation trust, ”.

Commencement Information

I39 Sch. 4 para. 39 in force at 1.4.2004 by S.I. 2004/759, art. 2

40 E+W In section 122 (recovery of charges), in subsection (1), after “1990” there is inserted “ or Part 1 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

Commencement Information

I40 Sch. 4 para. 40 in force at 1.4.2004 by S.I. 2004/759, art. 2

41 E+W In section 125 (protection of members and officers of authorities)—

(a) after paragraph (c) there is inserted—

“(d) an NHS foundation trust,”,

(b) for the words following “this Act” there is substituted “ , the National Health Service and Community Care Act 1990 and Part 1 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

Commencement Information

I41 Sch. 4 para. 41 in force at 1.4.2004 by S.I. 2004/759, art. 2

42 E+W In section 128 (interpretation and construction), in subsection (1), in the definition of “health service hospital”, for “or an NHS trust” there is substituted “ , an NHS trust or an NHS foundation trust ”.

Commencement Information

I42 Sch. 4 para. 42 in force at 1.4.2004 by S.I. 2004/759, art. 2

43 E+W In Schedule 5A (Primary Care Trusts), in paragraph 20(1), after “NHS trust” there is inserted “ , an NHS foundation trust ”.

Commencement Information

I43 Sch. 4 para. 43 in force at 1.4.2004 by S.I. 2004/759, art. 2

44 E+W In Schedule 8A (local pharmaceutical services schemes), in paragraph 1(8), after “NHS trust” there is inserted “ , an NHS foundation trust ”.

Commencement Information

I44 Sch. 4 para. 44 in force at 1.4.2004 by S.I. 2004/759, art. 2

45 E+W In Schedule 12A (expenditure of Health Authorities and Primary Care Trusts), in paragraph 7(3), after “NHS trust” there is inserted “ or an NHS foundation trust ”.

Commencement Information

I45 Sch. 4 para. 45 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

46 (1) An NHS foundation trust may be authorised to purchase land compulsorily for the purposes of its functions by means of an order— E+W

(a) made by the trust, and

(b) confirmed by the Secretary of State.

(2) The Acquisition of Land Act 1981 is to apply to the compulsory purchase of land under this paragraph.

(3) But no order is to be made by an NHS foundation trust under Part 2 of that Act with respect to any land unless the proposal to acquire it compulsorily—

(a) is submitted to the Secretary of State in such form, and together with such information, as he may require, and

(b) is approved by him.

Commencement Information

I46 Sch. 4 para. 46 in force at 1.4.2004 by S.I. 2004/759, art. 2

47 E+W The Acquisition of Land Act 1981 is amended as follows.

Commencement Information

I47 Sch. 4 para. 47 in force at 1.4.2004 by S.I. 2004/759, art. 2

48 E+W In section 16 (statutory undertakers' land excluded from compulsory purchase), in subsection (3), after paragraph (b) there is inserted—

“(ba) an NHS foundation trust;”.

Commencement Information

I48 Sch. 4 para. 48 in force at 1.4.2004 by S.I. 2004/759, art. 2

49 E+W In section 17 (local authority and statutory undertakers' land), in subsection (4), in the definition of “statutory undertakers”, after paragraph (aa) there is inserted—

“(aab) an NHS foundation trust,”.

Commencement Information

I49 Sch. 4 para. 49 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Mental Health Act 1983 (c. 20) E+W

50 E+W The Mental Health Act 1983 is amended as follows.

Commencement Information

I50 Sch. 4 para. 50 in force at 1.4.2004 by S.I. 2004/759, art. 2

51 E+W In section 12 (general provisions as to medical recommendation), in subsection (3), at the end there is inserted “ or otherwise to be accommodated, by virtue of an undertaking to pay in respect of the accommodation, in a hospital vested in an NHS foundation trust ”.

Commencement Information

I51 Sch. 4 para. 51 in force at 1.4.2004 by S.I. 2004/759, art. 2

52 E+W In section 19 (regulations as to transfer of patients), in subsection (3), after “National Health Service trust” (in both places) there is inserted “ , NHS foundation trust ”.

Commencement Information

I52 Sch. 4 para. 52 in force at 1.4.2004 by S.I. 2004/759, art. 2

53 E+W In section 23 (discharge of patients)—

(a) in subsection (3), after “National Health Service trust,” (in both places) there is inserted “ NHS foundation trust, ”,

(b) in subsection (4), after “trust” (in the first place it occurs) there is inserted “ (other than an NHS foundation trust) ”,

(c) after subsection (5), there is inserted—

“(6) The powers conferred by this section on any NHS foundation trust may be exercised by any three or more non-executive directors of the board of the trust authorised by the board in that behalf.”

Commencement Information

I53 Sch. 4 para. 53 in force at 1.4.2004 by S.I. 2004/759, art. 2

54 E+W In section 24 (visiting and examination by patients), in subsection (3), for “or National Health Service trust” (in both places) there is substituted “ , National Health Service trust or NHS foundation trust ”.

Commencement Information

I54 Sch. 4 para. 54 in force at 1.4.2004 by S.I. 2004/759, art. 2

55 E+W In section 32 (regulations for purposes of Part 2), in subsection (3), for “or National Health Service trusts” there is substituted “ , National Health Service trusts or NHS foundation trusts ”.

Commencement Information

I55 Sch. 4 para. 55 in force at 1.4.2004 by S.I. 2004/759, art. 2

56 E+W In section 139 (protection for acts done in pursuance of this Act), in subsection (4), at the end there is inserted “ or NHS foundation trust ”.

Commencement Information

I56 Sch. 4 para. 56 in force at 1.4.2004 by S.I. 2004/759, art. 2

57 E+W In section 145 (interpretation), in subsection (1), after paragraph (bb) of the definition of “the managers” there is inserted—

“(bc) in relation to a hospital vested in an NHS foundation trust, the trust;”.

Commencement Information

I57 Sch. 4 para. 57 in force at 1.4.2004 by S.I. 2004/759, art. 2

The National Audit Act 1983 (c. 44) E+W

58 E+W The National Audit Act 1983 is amended as follows.

Commencement Information

I58 Sch. 4 para. 58 in force at 1.4.2004 by S.I. 2004/759, art. 2

59 E+W In section 6 (public departments etc.), in subsection (3)(b), at the end there is inserted “ and any NHS foundation trust ”.

Commencement Information

I59 Sch. 4 para. 59 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Public Health (Control of Disease) Act 1984 (c. 22) E+W

60 E+W The Public Health (Control of Disease) Act 1984 is amended as follows.

Commencement Information

I60 Sch. 4 para. 60 in force at 1.4.2004 by S.I. 2004/759, art. 2

61 E+W In section 13 (regulations for control of certain diseases), in subsection (4)(a), for “or National Health Service trusts” there is substituted “ , National Health Service trusts or NHS foundation trusts ”.

Commencement Information

I61 Sch. 4 para. 61 in force at 1.4.2004 by S.I. 2004/759, art. 2

62 E+W In section 37 (removal to hospital of person with notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted “ NHS foundation trust, ”.

Commencement Information

I62 Sch. 4 para. 62 in force at 1.4.2004 by S.I. 2004/759, art. 2

63 E+W In section 41 (removal to hospital of inmate of common lodging-house with notifiable disease), in subsection (1)(c), after “NHS trust,” there is inserted “ NHS foundation trust, ”.

Commencement Information

I63 Sch. 4 para. 63 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) E+W

64 E+W The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

Commencement Information

I64 Sch. 4 para. 64 in force at 1.4.2004 by S.I. 2004/759, art. 2

65 E+W In section 2 (rights of authorised representatives of disabled persons), in subsection (5)(a), after “1990” there is inserted “ or by an NHS foundation trust ”.

Commencement Information

I65 Sch. 4 para. 65 in force at 1.4.2004 by S.I. 2004/759, art. 2

66 E+W In section 7 (persons discharged from hospital), in subsection (9), in the definition of “the managers”—

(a) in paragraph (a)(i), after “National Health Service trust” there is inserted “ , an NHS foundation trust ”,

(b) in paragraph (cc), after “that trust;” there is inserted—

“(cd) in relation to a hospital vested in an NHS foundation trust, means the board of directors of that trust;”.

Commencement Information

I66 Sch. 4 para. 66 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Company Directors Disqualification Act 1986 (c. 46) E+W

67 E+W The Company Directors Disqualification Act 1986 is amended as follows.

Commencement Information

I67 Sch. 4 para. 67 in force at 1.4.2004 by S.I. 2004/759, art. 2

68 E+W After section 22B there is inserted—

“22C Application of Act to NHS foundation trusts

(1) This Act applies to NHS foundation trusts as it applies to companies within the meaning of this Act.

(2) References in this Act to a company, or to a director or officer of a company, include, respectively, references to an NHS foundation trust or to a director or officer of the trust; but references to shadow directors are omitted.

(3) In the application of Schedule 1 to the directors of an NHS foundation trust, references to the provisions of the Insolvency Act or the Companies Act include references to the corresponding provisions of Part 1 of the Health and Social Care (Community Health and Standards) Act 2003.”

Commencement Information

I68 Sch. 4 para. 68 in force at 1.4.2004 by S.I. 2004/759, art. 2

The AIDS (Control) Act 1987 (c. 33) E+W

69 E+W The AIDS (Control) Act 1987 is amended as follows.

Commencement Information

I69 Sch. 4 para. 69 in force at 1.4.2004 by S.I. 2004/759, art. 2

70 E+W In section 1 (periodical reports on matters relating to AIDS and HIV)—

(a) in subsection (1)(b)(iv), after “NHS trust” there is inserted—

“(iva) each NHS foundation trust;”,

(b) in subsection (2)(b), after “NHS Trust” there is inserted “ , NHS foundation trust ”.

Commencement Information

I70 Sch. 4 para. 70 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Copyright, Designs and Patents Act 1988 (c. 48) E+W

71 E+W The Copyright, Designs and Patents Act 1988 is amended as follows.

Commencement Information

I71 Sch. 4 para. 71 in force at 1.4.2004 by S.I. 2004/759, art. 2

72 E+W In section 48 (material communicated to the Crown in the course of public business), in subsection (6), after “1978” there is inserted “ and an NHS foundation trust ”.

Commencement Information

I72 Sch. 4 para. 72 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

73 E+W The Road Traffic Act 1988 is amended as follows.

Commencement Information

I73 Sch. 4 para. 73 in force at 1.4.2004 by S.I. 2004/759, art. 2

74 E+W In section 144 (exceptions from requirement of third-party insurance), in subsection (2), after paragraph (db) there is inserted—

“(dc) to an ambulance owned by an NHS foundation trust, at a time when the vehicle is being driven under the owner’s control,”.

Commencement Information

I74 Sch. 4 para. 74 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Children Act 1989 (c. 41) E+W

75 E+W The Children Act 1989 is amended as follows.

Commencement Information

I75 Sch. 4 para. 75 in force at 1.4.2004 by S.I. 2004/759, art. 2

76 E+W In section 24 (persons qualifying for advice and assistance), in subsection (2)(d)(ii), after “trust” there is inserted “ or an NHS foundation trust ”.

Commencement Information

I76 Sch. 4 para. 76 in force at 1.4.2004 by S.I. 2004/759, art. 2

77 E+W In section 24C (information), in subsection (2)(c), after “trust” there is inserted “ or an NHS foundation trust ”.

Commencement Information

I77 Sch. 4 para. 77 in force at 1.4.2004 by S.I. 2004/759, art. 2

78 E+W In section 27 (co-operation between authorities), in subsection (3)(d), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”.

Commencement Information

I78 Sch. 4 para. 78 in force at 1.4.2004 by S.I. 2004/759, art. 2

79 E+W In section 47 (local authority’s duty to investigate), in subsection (11)(d), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”.

Commencement Information

I79 Sch. 4 para. 79 in force at 1.4.2004 by S.I. 2004/759, art. 2

80 E+W In section 80 (inspection of children’s homes etc. by persons authorised by Secretary of State)—

(a) in subsection (1)(d), for “or National Health Service trust” there is substituted “ , National Health Service trust or NHS foundation trust ”,

(b) in subsection (5)(e), after “National Health Service trust” there is inserted “ , NHS foundation trust ”.

Commencement Information

I80 Sch. 4 para. 80 in force at 1.4.2004 by S.I. 2004/759, art. 2

81 E+W In section 85 (children accommodated by health authorities and local education authorities), in subsection (1), after “National Health Service trust” there is inserted “ , NHS foundation trust ”.

Commencement Information

I81 Sch. 4 para. 81 in force at 1.4.2004 by S.I. 2004/759, art. 2

82 E+W In Schedule 2 (local authority support for children and families), in paragraph 1A(3), after paragraph (b) there is inserted—

“(ba) every NHS foundation trust which manages a hospital (within the meaning of the Health and Social Care (Community Health and Standards) Act 2003) in the authority’s area;”.

Commencement Information

I82 Sch. 4 para. 82 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

83 E+W The 1990 Act is amended as follows.

Commencement Information

I83 Sch. 4 para. 83 in force at 1.4.2004 by S.I. 2004/759, art. 2

84 E+W In section 21 (schemes for meeting losses and liabilities etc. of certain health service bodies)—

(a) in subsection (2), after “NHS trusts;” there is inserted—

“(ba) NHS foundation trusts;”,

(b) in subsections (3)(a) and (4)(b), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”,

(c) in subsection (4), at the end there is inserted— “ but the Secretary of State may not make a direction under paragraph (a) above in relation to an NHS foundation trust ”,

(d) in subsection (5), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.

Commencement Information

I84 Sch. 4 para. 84 in force at 1.4.2004 by S.I. 2004/759, art. 2

85 E+W In Schedule 2 (NHS trusts)—

(a) in the case of patients being provided with goods and services for the purposes of the health service, paragraph 14 is to have effect in relation to accommodation and further services made available to them by an NHS foundation trust as it does in relation to accommodation and services made available by NHS trusts,

(b) in paragraph 30, in sub-paragraph (1), after paragraph (bbc) there is inserted—

“(bbd) an NHS foundation trust, or”,

(c) in paragraph 32, at the end there is inserted “ or section 28 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

Commencement Information

I85 Sch. 4 para. 85 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Town and Country Planning Act 1990 (c. 8) E+W

86 E+W Sections 238 to 240 of the Town and Country Planning Act 1990 (use and development of consecrated land and burial grounds) apply to consecrated land and land comprised in a burial ground which an NHS foundation trust holds for any of its purposes as if—

(a) the trust were a statutory undertaker, and

(b) that land had been the subject of a relevant acquisition by the trust.

Commencement Information

I86 Sch. 4 para. 86 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Access to Health Records Act 1990 (c. 23) E+W

87 E+W The Access to Health Records Act 1990 is amended as follows.

Commencement Information

I87 Sch. 4 para. 87 in force at 1.4.2004 by S.I. 2004/759, art. 2

88 E+W In section 11 (interpretation), in the definition of “health service body”, the “or” before paragraph (d) is omitted and after that paragraph there is inserted—

“(e) an NHS foundation trust;”.

Commencement Information

I88 Sch. 4 para. 88 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Water Industry Act 1991 (c. 56) E+W

89 E+W The Water Industry Act 1991 is amended as follows.

Commencement Information

I89 Sch. 4 para. 89 in force at 1.4.2004 by S.I. 2004/759, art. 2

90 E+W In Schedule 4A (premises that are not to be disconnected for non-payment of charges), in paragraph 16, at the end there is inserted “ or by an NHS foundation trust ”.

Commencement Information

I90 Sch. 4 para. 90 in force at 1.4.2004 by S.I. 2004/759, art. 2

The London Local Authorities Act 1991 (c. xiii) E+W

91 E+W The London Local Authorities Act 1991 is amended as follows.

Commencement Information

I91 Sch. 4 para. 91 in force at 1.4.2004 by S.I. 2004/759, art. 2

92 E+W In section 4 (interpretation of Part 2), in paragraph (d) of the definition of “establishment for special treatment”, after “1990” there is inserted “ or by an NHS foundation trust ”.

Commencement Information

I92 Sch. 4 para. 92 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

93 E+W The Health Service Commissioners Act 1993 is amended as follows.

Commencement Information

I93 Sch. 4 para. 93 in force at 1.4.2004 by S.I. 2004/759, art. 2

94 E+W In section 2 (the bodies subject to investigation), in subsection (1), after paragraph (da) there is inserted—

“(db) NHS foundation trusts,”.

Commencement Information

I94 Sch. 4 para. 94 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

95 E+W The Vehicle Excise and Registration Act 1994 is amended as follows.

Commencement Information

I95 Sch. 4 para. 95 in force at 1.4.2004 by S.I. 2004/759, art. 2

96 E+W In Schedule 2 (exempt vehicles), in paragraph 7, after the “or” at the end of paragraph (b) there is inserted—

“(ba) an NHS foundation trust, or”.

Commencement Information

I96 Sch. 4 para. 96 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

97 E+W The Value Added Tax Act 1994 is amended as follows.

Commencement Information

I97 Sch. 4 para. 97 in force at 1.4.2004 by S.I. 2004/759, art. 2

98 E+W In Schedule 8 (zero-rating), in the Notes to Group 12, in paragraph (5H), after paragraph (e) there is inserted—

“(eaa) an NHS foundation trust;”.

Commencement Information

I98 Sch. 4 para. 98 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Employment Rights Act 1996 (c. 18) E+W

99 E+W The Employment Rights Act 1996 is amended as follows.

Commencement Information

I99 Sch. 4 para. 99 in force at 1.4.2004 by S.I. 2004/759, art. 2

100 E+W In section 50 (right to time off for public duties), in subsection (8), after paragraph (a) there is inserted—

“(ab) an NHS foundation trust,”.

Commencement Information

I100 Sch. 4 para. 100 in force at 1.4.2004 by S.I. 2004/759, art. 2

101 E+W In section 218 (change of employer), in subsection (10), after paragraph (c) there is inserted—

“(ca) NHS foundation trusts,”.

Commencement Information

I101 Sch. 4 para. 101 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Housing Grants, Construction and Regeneration Act 1996 (c. 53) E+W

102 E+W The Housing Grants, Construction and Regeneration Act 1996 is amended as follows.

Commencement Information

I102 Sch. 4 para. 102 in force at 1.4.2004 by S.I. 2004/759, art. 2

103 E+W In section 3 (ineligible applicants), in subsection (2)(f), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.

Commencement Information

I103 Sch. 4 para. 103 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Education Act 1996 (c. 56) E+W

104 E+W The Education Act 1996 is amended as follows.

Commencement Information

I104 Sch. 4 para. 104 in force at 1.4.2004 by S.I. 2004/759, art. 2

105 E+W In section 332 (duty of Health Authority, a Primary Care Trust or National Health Service trust to notify parent etc.), in subsection (1), for “or a National Health Service trust” there is substituted “ , a National Health Service trust or an NHS foundation trust ”.

Commencement Information

I105 Sch. 4 para. 105 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

106 E+W The Data Protection Act 1998 is amended as follows.

Commencement Information

I106 Sch. 4 para. 106 in force at 1.4.2004 by S.I. 2004/759, art. 2

107 E+W In section 69 (meaning of “health professional”), in subsection (3), after paragraph (f) there is inserted—

“(fa) an NHS foundation trust;”.

Commencement Information

I107 Sch. 4 para. 107 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Health Act 1999 (c. 8) E+W

108 E+W The Health Act 1999 is amended as follows.

Commencement Information

I108 Sch. 4 para. 108 in force at 1.4.2004 by S.I. 2004/759, art. 2

109 E+W In section 31 (arrangements between NHS bodies and local authorities), in subsection (8), in the definition of “NHS body”, for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.

Commencement Information

I109 Sch. 4 para. 109 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

110 E+W The Care Standards Act 2000 is amended as follows.

Commencement Information

I110 Sch. 4 para. 110 in force at 1.4.2004 by S.I. 2004/759, art. 2

111 E+W In section 42 (power to extend the application of Part 2), in subsection (2)(b)(ii), after “NHS trusts” there is inserted “ , NHS foundation trusts ”.

Commencement Information

I111 Sch. 4 para. 111 in force at 1.4.2004 by S.I. 2004/759, art. 2

112 E+W In section 121 (general interpretation), in subsection (1), in the definition of “National Health Service body”, after “National Health Service trust,” there is inserted “ an NHS foundation trust, ”.

Commencement Information

I112 Sch. 4 para. 112 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

113 E+W The Freedom of Information Act 2000 is amended as follows.

Commencement Information

I113 Sch. 4 para. 113 in force at 1.4.2004 by S.I. 2004/759, art. 2

114 E+W In Part 3 of Schedule 1 (National Health Service), after paragraph 40 there is inserted—

“40A An NHS foundation trust.”

Commencement Information

I114 Sch. 4 para. 114 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

115 E+W The Health and Social Care Act 2001 is amended as follows.

Commencement Information

I115 Sch. 4 para. 115 in force at 1.4.2004 by S.I. 2004/759, art. 2

116 E+W In section 7 (functions of overview and scrutiny committees)—

(a) in subsection (3)(b), at the end there is inserted “ or to the Independent Regulator of NHS Foundation Trusts (“the regulator”) ”,

(b) in subsection (3)(c), at the end there is inserted “ (including provision as to circumstances in which the relevant authority or the regulator may require consultation on those matters in accordance with the regulations) ”,

(c) in subsection (4), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.

Commencement Information

I116 Sch. 4 para. 116 in force at 1.4.2004 by S.I. 2004/759, art. 2

117 E+W In section 28 (pilot schemes: local pharmaceutical services), in subsection (7), after “NHS trust” there is inserted “ , an NHS foundation trust ”.

Commencement Information

I117 Sch. 4 para. 117 in force at 1.4.2004 by S.I. 2004/759, art. 2

118 E+W In section 33 (NHS contracts), in subsection (1), after “body corporate” there is inserted “ (other than an NHS foundation trust) ”.

Commencement Information

I118 Sch. 4 para. 118 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Anti-terrorism, Crime and Security Act 2001 (c. 24) E+W

119 E+W The Anti-terrorism, Crime and Security Act 2001 is amended as follows.

Commencement Information

I119 Sch. 4 para. 119 in force at 1.4.2004 by S.I. 2004/759, art. 2

120 E+W In Schedule 4 (extension of existing disclosure powers), at the end of Part 1 there is inserted—

“53A Paragraph 8(1) of Schedule 5 to the Health and Social Care (Community Health and Standards) Act 2003.”

Commencement Information

I120 Sch. 4 para. 120 in force at 1.4.2004 by S.I. 2004/759, art. 2

The International Development Act 2002 (c. 1) E+W

121 E+W The International Development Act 2002 is amended as follows.

Commencement Information

I121 Sch. 4 para. 121 in force at 1.4.2004 by S.I. 2004/759, art. 2

122 E+W In Schedule 1 (statutory bodies to which section 9 applies), there is inserted at the appropriate place— “ An NHS foundation trust ”.

Commencement Information

I122 Sch. 4 para. 122 in force at 1.4.2004 by S.I. 2004/759, art. 2

The National Health Service Reform and Health Care Professions Act 2002 (c. 17) E+W

123 E+W The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

Commencement Information

I123 Sch. 4 para. 123 in force at 1.4.2004 by S.I. 2004/759, art. 2

124 E+W In section 23 (joint working with the prison service), in subsection (5), in the definition of “NHS bodies”, after “NHS trusts,” there is inserted “ NHS foundation trusts, ”.

Commencement Information

I124 Sch. 4 para. 124 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Adoption and Children Act 2002 (c. 38) E+W

125 E+W The Adoption and Children Act 2002 is amended as follows.

Commencement Information

I125 Sch. 4 para. 125 in force at 1.4.2004 by S.I. 2004/759, art. 2

126 E+W In section 8 (adoption support agencies), in subsection (2)(d), for “or NHS trust” there is substituted “ , NHS trust or NHS foundation trust ”.

Commencement Information

I126 Sch. 4 para. 126 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Nationality, Immigration and Asylum Act 2002 (c. 41) E+W

127 E+W The Nationality, Immigration and Asylum Act 2002 is amended as follows.

Commencement Information

I127 Sch. 4 para. 127 in force at 1.4.2004 by S.I. 2004/759, art. 2

128 E+W In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph (ii) there is inserted—

“(iia) an NHS foundation trust,”.

Commencement Information

I128 Sch. 4 para. 128 in force at 1.4.2004 by S.I. 2004/759, art. 2

The Community Care (Delayed Discharges etc.) Act 2003 (c. 5) E+W

129 E+W The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.

Commencement Information

I129 Sch. 4 para. 129 in force at 1.4.2004 by S.I. 2004/759, art. 2

130 E+W In section 1 (meaning of “NHS body” and “qualifying hospital patient”), in subsection (1), in paragraph (a) of the definition of “NHS body”, after “trust;” there is inserted—

“(ab) an NHS foundation trust;”.

Commencement Information

I130 Sch. 4 para. 130 in force at 1.4.2004 by S.I. 2004/759, art. 2