Health and Social Care (Community Health and Standards) Act 2003

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

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

Commencement Information

I1 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

I2 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

I3 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

I4 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

I5 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

I6 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

I7 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

I8 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

I9 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

I10 Sch. 4 para. 32 in force at 1.4.2004 by S.I. 2004/759, art. 2

F1 33 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 para. 33 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), s. 51(1), Sch. 3 (with ss. 44, 50); S.I. 2005/1432, 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

I11 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

I12 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

I13 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

I14 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

I15 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

I16 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

I17 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

I18 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

I19 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

I20 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

I21 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

I22 Sch. 4 para. 45 in force at 1.4.2004 by S.I. 2004/759, art. 2