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

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Health and Social Care (Community Health and Standards) Act 2003, SCHEDULE 4 is up to date with all changes known to be in force on or before 25 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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Changes and effects yet to be applied to Schedule 4:

Section 34

SCHEDULE 4E+WAmendments relating to NHS foundation trusts

This schedule has no associated Explanatory Notes

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

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

Commencement Information

I1Sch. 4 para. 1 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

Commencement Information

I2Sch. 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

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

Commencement Information

I3Sch. 4 para. 3 in force at 1.4.2004 by S.I. 2004/759, art. 2

4E+WIn 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

I4Sch. 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

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

Commencement Information

I5Sch. 4 para. 5 in force at 1.4.2004 by S.I. 2004/759, art. 2

6E+WIn 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

I6Sch. 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

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

Commencement Information

I7Sch. 4 para. 7 in force at 1.4.2004 by S.I. 2004/759, art. 2

8E+WIn 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

I8Sch. 4 para. 8 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

9E+WThe Abortion Act 1967 is amended as follows.

Commencement Information

I9Sch. 4 para. 9 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

Commencement Information

I10Sch. 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

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

Commencement Information

I11Sch. 4 para. 11 in force at 1.4.2004 by S.I. 2004/759, art. 2

12E+WIn 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

I12Sch. 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

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

Commencement Information

I13Sch. 4 para. 13 in force at 1.4.2004 by S.I. 2004/759, art. 2

14E+WIn 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

I14Sch. 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

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

Commencement Information

I15Sch. 4 para. 15 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

Commencement Information

I16Sch. 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

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

Commencement Information

I17Sch. 4 para. 17 in force at 1.4.2004 by S.I. 2004/759, art. 2

18E+WIn 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

I18Sch. 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

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

Commencement Information

I19Sch. 4 para. 19 in force at 1.4.2004 by S.I. 2004/759, art. 2

20E+WIn 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

I20Sch. 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

F121E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F222E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F323E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F324E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F325E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F326E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F327E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F328E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F329E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F330E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F331E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F332E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F433E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 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

F534E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F535E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F536E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F537E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F538E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F539E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F540E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F541E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F542E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F543E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F544E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F545E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

I21Sch. 4 para. 46 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

Commencement Information

I22Sch. 4 para. 47 in force at 1.4.2004 by S.I. 2004/759, art. 2

48E+WIn 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

I23Sch. 4 para. 48 in force at 1.4.2004 by S.I. 2004/759, art. 2

49E+WIn 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

I24Sch. 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

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

Commencement Information

I25Sch. 4 para. 50 in force at 1.4.2004 by S.I. 2004/759, art. 2

F651E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 4 para. 51 repealed (3.11.2008) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 11 Pt. 3; S.I. 2008/1900, art. 2(p) (with art. 3, Sch.)

52E+WIn 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

I26Sch. 4 para. 52 in force at 1.4.2004 by S.I. 2004/759, art. 2

53E+WIn section 23 (discharge of patients)—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.”

Textual Amendments

Commencement Information

I27Sch. 4 para. 53 in force at 1.4.2004 by S.I. 2004/759, art. 2

F854E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

55E+WIn 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

I28Sch. 4 para. 55 in force at 1.4.2004 by S.I. 2004/759, art. 2

56E+WIn 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

I29Sch. 4 para. 56 in force at 1.4.2004 by S.I. 2004/759, art. 2

57E+WIn 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

I30Sch. 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

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

Commencement Information

I31Sch. 4 para. 58 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

Commencement Information

I32Sch. 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

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

Commencement Information

I33Sch. 4 para. 60 in force at 1.4.2004 by S.I. 2004/759, art. 2

61E+WIn 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

I34Sch. 4 para. 61 in force at 1.4.2004 by S.I. 2004/759, art. 2

62E+WIn 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

I35Sch. 4 para. 62 in force at 1.4.2004 by S.I. 2004/759, art. 2

63E+WIn 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

I36Sch. 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

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

Commencement Information

I37Sch. 4 para. 64 in force at 1.4.2004 by S.I. 2004/759, art. 2

65E+WIn 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

I38Sch. 4 para. 65 in force at 1.4.2004 by S.I. 2004/759, art. 2

66E+WIn 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

I39Sch. 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

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

Commencement Information

I40Sch. 4 para. 67 in force at 1.4.2004 by S.I. 2004/759, art. 2

68E+WAfter section 22B there is inserted—

“22CApplication 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

I41Sch. 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

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

Commencement Information

I42Sch. 4 para. 69 in force at 1.4.2004 by S.I. 2004/759, art. 2

70E+WIn 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

I43Sch. 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

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

Commencement Information

I44Sch. 4 para. 71 in force at 1.4.2004 by S.I. 2004/759, art. 2

72E+WIn 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

I45Sch. 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

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

Commencement Information

I46Sch. 4 para. 73 in force at 1.4.2004 by S.I. 2004/759, art. 2

74E+WIn 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

I47Sch. 4 para. 74 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

75E+WThe Children Act 1989 is amended as follows.

Commencement Information

I48Sch. 4 para. 75 in force at 1.4.2004 by S.I. 2004/759, art. 2

76E+WIn 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

I49Sch. 4 para. 76 in force at 1.4.2004 by S.I. 2004/759, art. 2

F977E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

78E+WIn 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

I50Sch. 4 para. 78 in force at 1.4.2004 by S.I. 2004/759, art. 2

79E+WIn 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

I51Sch. 4 para. 79 in force at 1.4.2004 by S.I. 2004/759, art. 2

80E+WIn 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

I52Sch. 4 para. 80 in force at 1.4.2004 by S.I. 2004/759, art. 2

81E+WIn 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

I53Sch. 4 para. 81 in force at 1.4.2004 by S.I. 2004/759, art. 2

82E+WIn 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

I54Sch. 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

F1083E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1084E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1085E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

86E+WSections 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

I55Sch. 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

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

Commencement Information

I56Sch. 4 para. 87 in force at 1.4.2004 by S.I. 2004/759, art. 2

88E+WIn 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

I57Sch. 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

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

Commencement Information

I58Sch. 4 para. 89 in force at 1.4.2004 by S.I. 2004/759, art. 2

90E+WIn 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

I59Sch. 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

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

Commencement Information

I60Sch. 4 para. 91 in force at 1.4.2004 by S.I. 2004/759, art. 2

92E+WIn 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

I61Sch. 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

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

Commencement Information

I62Sch. 4 para. 93 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

“(db)NHS foundation trusts,”.

Commencement Information

I63Sch. 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

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

Commencement Information

I64Sch. 4 para. 95 in force at 1.4.2004 by S.I. 2004/759, art. 2

96E+WIn 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

I65Sch. 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

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

Commencement Information

I66Sch. 4 para. 97 in force at 1.4.2004 by S.I. 2004/759, art. 2

98E+WIn 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

I67Sch. 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

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

Commencement Information

I68Sch. 4 para. 99 in force at 1.4.2004 by S.I. 2004/759, art. 2

100E+WIn 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

I69Sch. 4 para. 100 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

“(ca)NHS foundation trusts,”.

Commencement Information

I70Sch. 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

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

Commencement Information

I71Sch. 4 para. 102 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

Commencement Information

I72Sch. 4 para. 103 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

104E+WThe Education Act 1996 is amended as follows.

Commencement Information

I73Sch. 4 para. 104 in force at 1.4.2004 by S.I. 2004/759, art. 2

105E+WIn 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

I74Sch. 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

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

Commencement Information

I75Sch. 4 para. 106 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

“(fa)an NHS foundation trust;”.

Commencement Information

I76Sch. 4 para. 107 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

F11108E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12109E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

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

Commencement Information

I77Sch. 4 para. 110 in force at 1.4.2004 by S.I. 2004/759, art. 2

111E+WIn 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

I78Sch. 4 para. 111 in force at 1.4.2004 by S.I. 2004/759, art. 2

112E+WIn 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

I79Sch. 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

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

Commencement Information

I80Sch. 4 para. 113 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

“40AAn NHS foundation trust.”

Commencement Information

I81Sch. 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

F13115E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13116E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13117E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13118E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

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

Commencement Information

I82Sch. 4 para. 119 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

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

Commencement Information

I83Sch. 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

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

Commencement Information

I84Sch. 4 para. 121 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

Commencement Information

I85Sch. 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

F14123E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15124E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

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

Commencement Information

I86Sch. 4 para. 125 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

Commencement Information

I87Sch. 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

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

Commencement Information

I88Sch. 4 para. 127 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

“(iia)an NHS foundation trust,”.

Commencement Information

I89Sch. 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

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

Commencement Information

I90Sch. 4 para. 129 in force at 1.4.2004 by S.I. 2004/759, art. 2

130E+WIn 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

I91Sch. 4 para. 130 in force at 1.4.2004 by S.I. 2004/759, art. 2

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