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

Status:

Point in time view as at 01/04/2007.

Changes to legislation:

Health and Social Care (Community Health and Standards) Act 2003 is up to date with all changes known to be in force on or before 16 November 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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SCHEDULES

Section 1

F1SCHEDULE 1E+WConstitution of public benefit corporations

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Textual Amendments

Section 2

SCHEDULE 2E+WIndependent Regulator of NHS Foundation Trusts

MembershipE+W

F21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Tenure of officeE+W

F22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Remuneration and pensionsE+W

F23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

StaffE+W

F24E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SuperannuationE+W

5F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Employment with the regulator is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted— “ The Independent Regulator of NHS Foundation Trusts ”.

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Sch. 2 para. 5 in force at 1.1.2004 by S.I. 2003/3346, art. 2

ProcedureE+W

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

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Delegation of functionsE+W

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

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General powersE+W

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

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Specific powersE+W

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

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FinanceE+W

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

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Reports and other informationE+W

F911E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1012E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1113E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Seal and evidenceE+W

F1214E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1315E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

GeneralE+W

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

Textual Amendments

AmendmentsE+W

17E+WIn Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments and authorities subject to investigation), there is inserted at the appropriate place— “ The Independent Regulator of NHS Foundation Trusts. ”

Commencement Information

I2Sch. 2 para. 17 in force at 1.1.2004 by S.I. 2003/3346, art. 2

18E+WIn Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices), there is inserted at the appropriate place— “ Chairman or other member of the Independent Regulator of NHS Foundation Trusts. ”

Commencement Information

I3Sch. 2 para. 18 in force at 1.1.2004 by S.I. 2003/3346, art. 2

19E+WIn Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (disqualifying offices), there is inserted at the appropriate place— “ Chairman or other member of the Independent Regulator of NHS Foundation Trusts. ”

Commencement Information

I4Sch. 2 para. 19 in force at 1.1.2004 by S.I. 2003/3346, art. 2

Section 25

F15SCHEDULE 3E+WTransfer of staff

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Textual Amendments

Section 34

SCHEDULE 4E+WAmendments relating to NHS foundation trusts

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

I5Sch. 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

I6Sch. 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

I7Sch. 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

I8Sch. 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

I9Sch. 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

I10Sch. 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

I11Sch. 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

I12Sch. 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

I13Sch. 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

I14Sch. 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

I15Sch. 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

I16Sch. 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

I17Sch. 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

I18Sch. 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

I19Sch. 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

I20Sch. 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

I21Sch. 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

I22Sch. 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

I23Sch. 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

I24Sch. 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

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

Commencement Information

I25Sch. 4 para. 21 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

“8AAn NHS foundation trust.”

Commencement Information

I26Sch. 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

F1623E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1624E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1625E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1626E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1627E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1628E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1629E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1630E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1631E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1632E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1733E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Sch. 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

F1834E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1835E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1836E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1837E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1838E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1839E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1840E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1841E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1842E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1843E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1844E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1845E+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

I27Sch. 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

I28Sch. 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

I29Sch. 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

I30Sch. 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

I31Sch. 4 para. 50 in force at 1.4.2004 by S.I. 2004/759, art. 2

51E+WIn 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

I32Sch. 4 para. 51 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

I33Sch. 4 para. 52 in force at 1.4.2004 by S.I. 2004/759, art. 2

53E+WIn 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

I34Sch. 4 para. 53 in force at 1.4.2004 by S.I. 2004/759, art. 2

54E+WIn 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

I35Sch. 4 para. 54 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

I36Sch. 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

I37Sch. 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

I38Sch. 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

I39Sch. 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

I40Sch. 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

I41Sch. 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

I42Sch. 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

I43Sch. 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

I44Sch. 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

I45Sch. 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

I46Sch. 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

I47Sch. 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

I48Sch. 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

I49Sch. 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

I50Sch. 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

I51Sch. 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

I52Sch. 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

I53Sch. 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

I54Sch. 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

I55Sch. 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

I56Sch. 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

I57Sch. 4 para. 76 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

Commencement Information

I58Sch. 4 para. 77 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

I59Sch. 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

I60Sch. 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

I61Sch. 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

I62Sch. 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

I63Sch. 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

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F1985E+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

I64Sch. 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

I65Sch. 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

I66Sch. 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

I67Sch. 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

I68Sch. 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

I69Sch. 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

I70Sch. 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

I71Sch. 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

I72Sch. 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

I73Sch. 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

I74Sch. 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

I75Sch. 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

I76Sch. 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

I77Sch. 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

I78Sch. 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

I79Sch. 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

I80Sch. 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

I81Sch. 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

I82Sch. 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

I83Sch. 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

I84Sch. 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

I85Sch. 4 para. 107 in force at 1.4.2004 by S.I. 2004/759, art. 2

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

F20108E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21109E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

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

Commencement Information

I86Sch. 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

I87Sch. 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

I88Sch. 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

I89Sch. 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

I90Sch. 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

F22115E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22116E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22117E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22118E+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

I91Sch. 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

I92Sch. 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

I93Sch. 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

I94Sch. 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

F23123E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24124E+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

I95Sch. 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

I96Sch. 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

I97Sch. 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

I98Sch. 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

I99Sch. 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

I100Sch. 4 para. 130 in force at 1.4.2004 by S.I. 2004/759, art. 2

Section 38

F25SCHEDULE 5E+WAudit of accounts of NHS foundation trusts

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

Textual Amendments

Section 41(2)

SCHEDULE 6E+WCHAI: supplementary

StatusE+W

1(1)The CHAI is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W

(2)The CHAI’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Commencement Information

I101Sch. 6 para. 1 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

General powers and dutiesE+W

2(1)The CHAI may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.E+W

(2)That includes, in particular—

(a)co-operating with other public authorities in the United Kingdom,

(b)acquiring and disposing of land and other property,

(c)entering into contracts, and

(d)providing training.

(3)It is the duty of the CHAI to carry out its functions effectively, efficiently and economically.

Commencement Information

I102Sch. 6 para. 2 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

Chairman and other membersE+W

3(1)The CHAI is to consist of—E+W

(a)a person appointed as chairman by the [F26Secretary of State],

(b)a member appointed by the [F27Assembly who appears to the Assembly] to be suited to make the interests of Wales his special care, and

(c)other members appointed by the [F28Secretary of State].

F29(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Secretary of State may in the prescribed manner remove from office any person appointed under sub-paragraph (1)(a) or (c) if (and only if) he is satisfied that one of the conditions specified in sub-paragraph (6) is satisfied in relation to that person.

(5)The Assembly may in the prescribed manner remove from office the person appointed under sub-paragraph (1)(b) if (and only if) the Assembly is satisfied that one of the conditions specified in sub-paragraph (6) is satisfied in relation to that person.

(6)The conditions referred to in sub-paragraphs (4) and (5) in relation to a person are that—

(a)he is unable or unfit to carry out the duties of his office;

(b)he is failing to carry out the duties of his office;

(c)he is disqualified from holding office (or was disqualified at the time of his appointment).

(7)The Secretary of State may by regulations make provision as to—

(a)the appointment of the chairman and other members (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment), and

(b)subject to this paragraph, the tenure of office of the chairman and other members (including the circumstances in which they cease to hold office, are disqualified from holding office or may be suspended from office).

(8)Regulations under sub-paragraph (7)(b) relating to the suspension of a person from office may only provide for suspension where it appears to the Secretary of State (or, in the case of a person appointed under sub-paragraph (1)(b), the Assembly) that one of the conditions referred to in sub-paragraph (6) is or may be satisfied in relation to that person.

F31(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)The [F33Secretary of State] must consult the Assembly before exercising the function of appointment under sub-paragraph (1)(a) or (c); and the [F34Assembly] must consult the Secretary of State before exercising the function of appointment under sub-paragraph (1)(b).

(12)The Secretary of State must consult the Assembly before exercising any of his functions under sub-paragraph (4) or (7).

(13)The Assembly must consult the Secretary of State before exercising any of its functions under sub-paragraph (5) or (7).

F35(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Words in Sch. 6 para. 3(1)(a) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(2)(a); S.I. 2006/2603, art. 4(5)(c)(v)

F27Words in Sch. 6 para. 3(1)(b) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(2)(b); S.I. 2006/2603, art. 4(5)(c)(v)

F28Words in Sch. 6 para. 3(1)(c) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(2)(a); S.I. 2006/2603, art. 4(5)(c)(v)

F33Words in Sch. 6 para. 3(11) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(4)(a); S.I. 2006/2603, art. 4(5)(c)(v)

F34Word in Sch. 6 para. 3(11) substituted (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 58(4)(b); S.I. 2006/2603, art. 4(5)(c)(v)

Commencement Information

I103Sch. 6 para. 3 partly in force; Sch. 6 para. 3 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I104Sch. 6 para. 3 in force at 8.1.2004 in so far as not already in force by S.I. 2003/3346, art. 5(a)

Remuneration of chairman and other membersE+W

4(1)The CHAI may pay to its chairman, or to any other member, such remuneration and allowances as the Secretary of State may determine.E+W

(2)If the Secretary of State so determines, the CHAI must pay or make provision for the payment of such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or other member of the CHAI.

(3)If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the CHAI to receive compensation, the CHAI must pay to him, or make provision for the payment to him of, such compensation as the Secretary of State may determine.

(4)The Secretary of State must consult the Assembly before exercising any of his functions under this paragraph.

Commencement Information

I105Sch. 6 para. 4 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

EmployeesE+W

5(1)The CHAI must appoint a chief executive (to be known as the “Chief Inspector of Healthcare”), who is to be an employee of the CHAI.E+W

(2)The CHAI may appoint such other employees as it considers appropriate.

(3)Employees of the CHAI are to be appointed on such terms and conditions as it may determine.

(4)Without prejudice to its other powers, the CHAI may pay, or make provision for the payment of—

(a)pensions, allowances or gratuities, or

(b)compensation for loss of employment or reduction of remuneration,

to or in respect of its employees.

Commencement Information

I106Sch. 6 para. 5 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

ProcedureE+W

6(1)The CHAI may—E+W

(a)appoint such committees and sub-committees (which may consist of or include persons who are not members of the CHAI) as it thinks fit;

(b)pay such remuneration and allowances to members of its committees and sub-committee as it thinks fit.

(2)The CHAI may in all other respects regulate its own procedure.

(3)The validity of the proceedings of the CHAI is not affected by any defect in the appointment of a member or any vacancy in membership.

Commencement Information

I107Sch. 6 para. 6 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

Discharge of functionsE+W

7(1)The CHAI may arrange for—E+W

(a)any of its committees, sub-committees, members or employees, or

(b)any other person,

to exercise any of its functions on its behalf.

(2)If the CHAI arranges 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.

Commencement Information

I108Sch. 6 para. 7 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

AssistanceE+W

8(1)The CHAI 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.E+W

(2)Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Commencement Information

I109Sch. 6 para. 8 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

Payments and loansE+W

9(1)The Secretary of State may make payments out of money provided by Parliament to the CHAI of such amounts, at such times and on such conditions (if any) as he considers appropriate.E+W

(2)The Assembly may make payments to the CHAI of such amounts, at such times and on such conditions (if any) as it considers appropriate.

(3)The Secretary of State may, with the approval of the Treasury, make loans out of money provided by Parliament to the CHAI on such terms (including terms as to repayment and interest) as he may determine.

(4)The Assembly may make loans to the CHAI on such terms (including terms as to repayment and interest) as it may determine.

(5)Except as provided by this paragraph, the CHAI has no power to borrow money.

Commencement Information

I110Sch. 6 para. 9 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

AccountsE+W

10(1)The CHAI must keep its accounts in such form as the Secretary of State may determine.E+W

(2)The CHAI must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3)The CHAI must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4)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.

Commencement Information

I111Sch. 6 para. 10 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

Seal and evidenceE+W

11E+WThe application of the seal of the CHAI must be authenticated by the signature—

(a)of any member of the CHAI, or

(b)of any other person who has been authorised by the CHAI (whether generally or specifically) for that purpose.

Commencement Information

I112Sch. 6 para. 11 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

12E+WA document purporting to be duly executed under the seal of the CHAI or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so signed or executed.

Commencement Information

I113Sch. 6 para. 12 in force at 8.1.2004 by S.I. 2003/3346, art. 5(a)

Section 42(2)

SCHEDULE 7E+WCSCI: supplementary

StatusE+W

1(1)The CSCI’s property is not to be regarded as property of, or property held on behalf of, the Crown.E+W

(2)The CSCI is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

Commencement Information

I114Sch. 7 para. 1 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

General powers and dutiesE+W

2(1)The CSCI may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.E+W

(2)That includes, in particular—

(a)co-operating with other public authorities in the United Kingdom,

(b)acquiring and disposing of land and other property,

(c)entering into contracts, and

(d)providing training.

(3)It is the duty of the CSCI to carry out its functions effectively, efficiently and economically.

Commencement Information

I115Sch. 7 para. 2 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

Chairman and other membersE+W

3(1)The CSCI is to consist of a chairman and other members appointed by the [F37Secretary of State].E+W

F38(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State may in the prescribed manner remove the chairman or any other member from office if (and only if) the Secretary of State is satisfied that that person—

(a)is unable or unfit to carry out the duties of his office,

(b)is failing to carry out the duties of his office, or

(c)is disqualified from holding office (or was disqualified at the time of his appointment).

(4)The Secretary of State may by regulations make provision as to—

(a)the appointment of the chairman and other members (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment), and

(b)subject to this paragraph, the tenure of office of the chairman and other members (including the circumstances in which they cease to hold office, are disqualified from holding office or may be suspended from office).

(5)Regulations under sub-paragraph (4)(b) relating to the suspension of a person from office may only provide for suspension where it appears to the Secretary of State that one of the conditions referred to in sub-paragraph (3) is or may be satisfied in relation to that person.

F39(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I116Sch. 7 para. 3 partly in force; Sch. 7 para. 3 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I117Sch. 7 para. 3 in force at 1.1.2004 for E. in so far as not already in force by S.I. 2003/3346, art. 3(a)

Remuneration of chairman and other membersE+W

4(1)The CSCI may pay to its chairman, or to any other member, such remuneration and allowances as the Secretary of State may determine.E+W

(2)If the Secretary of State so determines, the CSCI must pay or make provision for the payment of such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or other member of the CSCI.

(3)If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the CSCI to receive compensation, the CSCI must pay to him, or make provision for the payment to him of, such compensation as the Secretary of State may determine.

Commencement Information

I118Sch. 7 para. 4 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

EmployeesE+W

5(1)The CSCI must appoint a chief executive (to be known as the “Chief Inspector of Social Care”), who is to be an employee of the CSCI.E+W

F40(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The CSCI may appoint such other employees as it considers appropriate.

(4)Employees of the CSCI are to be appointed on such terms and conditions as it may determine.

(5)Without prejudice to its other powers, the CSCI may pay, or make provision for the payment of—

(a)pensions, allowances or gratuities, or

(b)compensation for loss of employment or reduction of remuneration,

to or in respect of its employees.

Textual Amendments

Commencement Information

I119Sch. 7 para. 5 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

ProcedureE+W

6(1)The CSCI may—E+W

(a)appoint such committees and sub-committees (which may consist of or include persons who are not members of the CSCI) as it thinks fit;

(b)pay such remuneration and allowances to members of its committees and sub-committee as it thinks fit.

(2)The CSCI may in all other respects regulate its own procedure.

(3)The validity of the proceedings of the CSCI is not affected by any defect in the appointment of a member or any vacancy in membership.

Commencement Information

I120Sch. 7 para. 6 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

Discharge of functionsE+W

7(1)The CSCI may arrange for—E+W

(a)any of its committees, sub-committees, members or employees, or

(b)any other person,

to exercise any of its functions on its behalf.

(2)If the CSCI arranges 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.

Commencement Information

I121Sch. 7 para. 7 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

AssistanceE+W

8(1)The CSCI 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.E+W

(2)Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Commencement Information

I122Sch. 7 para. 8 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

Payments and loansE+W

9(1)The Secretary of State may make payments out of money provided by Parliament to the CSCI of such amounts, at such times and on such conditions (if any) as he considers appropriate.E+W

(2)The Secretary of State may, with the approval of the Treasury, make loans out of money provided by Parliament to the CSCI on such terms (including terms as to repayment and interest) as he may determine.

(3)Except as provided by sub-paragraph (2), the CSCI has no power to borrow money.

Commencement Information

I123Sch. 7 para. 9 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

AccountsE+W

10(1)The CSCI must keep its accounts in such form as the Secretary of State may determine.E+W

(2)The CSCI must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3)The CSCI must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4)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.

Commencement Information

I124Sch. 7 para. 10 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

Seal and evidenceE+W

11E+WThe application of the seal of the CSCI must be authenticated by the signature—

(a)of any member of the CSCI, or

(b)of any other person who has been authorised by the CSCI (whether generally or specifically) for that purpose.

Commencement Information

I125Sch. 7 para. 11 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

12E+WA document purporting to be duly executed under the seal of the CSCI or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so signed or executed.

Commencement Information

I126Sch. 7 para. 12 in force at 1.1.2004 for E. by S.I. 2003/3346, art. 3(a)

Section 43

SCHEDULE 8E+WCHAI and CSCI: transfers of property and staff, etc

Transfer schemesE+W

1(1)The Secretary of State may make one or more schemes for—E+W

(a)the transfer of property, rights and liabilities of the National Care Standards Commission to the CHAI or the CSCI;

(b)the transfer of property, rights and liabilities of the Audit Commission to the CHAI or the CSCI;

(c)the transfer of property, rights and liabilities of the Commission for Health Improvement to the CHAI;

(d)the transfer of property, rights and liabilities of the Crown to the CHAI or the CSCI.

(2)The property, rights and liabilities which may be the subject of a scheme include—

(a)any that would otherwise be incapable of being transferred or assigned, and

(b)rights and liabilities under a contract of employment.

(3)A scheme under this paragraph may define the property, rights and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor’s undertaking).

(4)A scheme under this paragraph may contain provision for the payment of compensation by the Secretary of State to any person or body (other than one mentioned in sub-paragraph (1)) whose interests are adversely affected by the scheme.

(5)A scheme under this paragraph may include supplementary, incidental, transitional and consequential provision.

Commencement Information

I127Sch. 8 para. 1 in force at 11.3.2004 by S.I. 2004/759, art. 5(1)(a)

TransferE+W

2E+WThe property, rights and liabilities which are the subject of a scheme under paragraph 1 are, by virtue of this paragraph, transferred on the day appointed by the scheme in accordance with the provisions of the scheme.

Commencement Information

I128Sch. 8 para. 2 in force at 11.3.2004 by S.I. 2004/759, art. 5(1)(a)

EmploymentE+W

3E+WThe transfer by paragraph 2 of the rights and liabilities relating to an individual’s contract of employment does not break the continuity of his employment, and, accordingly—

(a)he is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) as having been dismissed by virtue of the transfer, and

(b)his period of employment with the transferor counts as a period of employment with the transferee for the purposes of that Act.

Commencement Information

I129Sch. 8 para. 3 in force at 11.3.2004 by S.I. 2004/759, art. 5(1)(a)

4(1)Paragraph 2 does not operate to transfer the rights and liabilities under an individual’s contract of employment if, before the transfer takes effect, he informs the transferor or transferee that he objects to the transfer.E+W

(2)Where an individual does inform the transferor or transferee as specified in sub-paragraph (1), his contract of employment with the transferor is terminated immediately before the date on which the transfer would occur; but he shall not, for any purpose, be regarded as having been dismissed by the transferor.

(3)This paragraph is without prejudice to any right of an individual employed by a transferor to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.

Commencement Information

I130Sch. 8 para. 4 in force at 11.3.2004 by S.I. 2004/759, art. 5(1)(a)

5E+WFor the purposes of this Schedule, where a person holds any office or employment under the Crown on terms which do not constitute a contract of employment between that person and the Crown—

(a)he shall be regarded as employed by the Crown by virtue of a contract of employment;

(b)the terms of his employment shall be regarded as constituting the terms of that contract; and

(c)in relation to such a person, the reference in paragraph 4(2) to dismissal by the transferor is to termination of his employment by the Crown.

Commencement Information

I131Sch. 8 para. 5 in force at 11.3.2004 by S.I. 2004/759, art. 5(1)(a)

TransitionalE+W

6(1)Anything done by or in relation to the transferor for the purposes of or in connection with anything transferred by paragraph 2 which is in effect immediately before it is transferred shall be treated as if done by or in relation to the transferee.E+W

(2)There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything so transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.

(3)A reference to the transferor in any document relating to anything so transferred shall be taken (so far as necessary for the purposes of or in consequence of the transfer) as a reference to the transferee.

(4)A transfer under paragraph 2 does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

Commencement Information

I132Sch. 8 para. 6 in force at 11.3.2004 by S.I. 2004/759, art. 5(1)(a)

Section 147

SCHEDULE 9E+WPart 2: minor and consequential amendments

Public Records Act 1958 (c. 52)E+W

1E+WIn Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate places in Part 2 of the Table at the end of paragraph 3 insert the following entries— “ Commission for Healthcare Audit and Inspection ”; “ Commission for Social Care Inspection ”.

Commencement Information

I133Sch. 9 para. 1 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I134Sch. 9 para. 1 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

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

2E+WIn the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bf) of paragraph 1 insert—

“(bg)the Commission for Healthcare Audit and Inspection;

(bh)the Commission for Social Care Inspection;”.

Commencement Information

I135Sch. 9 para. 2 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

Parliamentary Commissioner Act 1967 (c. 13)E+W

3E+WIn the Parliamentary Commissioner Act 1967, in Schedule 2 (departments subject to investigation), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”

Commencement Information

I136Sch. 9 para. 3 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I137Sch. 9 para. 3 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

Prospective

Local Authority Social Services Act 1970 (c. 42)E+W

4E+WIn the Local Authority Social Services Act 1970, in Schedule 1, insert at the end—

“Health and Social Care (Community Health and Standards) Act 2003 
Section 114Consideration of complaints.”

Superannuation Act 1972 (c. 11)E+W

5E+WIn Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which pension schemes may be made), at the appropriate places in the list of “Other Bodies” insert the following entries— “ The Commission for Healthcare Audit and Inspection. ”; “ The Commission for Social Care Inspection. ”.

Commencement Information

I138Sch. 9 para. 5 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I139Sch. 9 para. 5 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

6E+WThe CHAI and the CSCI must each pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to paragraph 5 in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Commencement Information

I140Sch. 9 para. 6 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I141Sch. 9 para. 6 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

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

7E+WIn the House of Commons Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”.

Commencement Information

I142Sch. 9 para. 7 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I143Sch. 9 para. 7 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W

8E+WIn the Northern Ireland Assembly Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”.

Commencement Information

I144Sch. 9 para. 8 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I145Sch. 9 para. 8 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

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

F419E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Children Act 1989 (c. 41)E+W

F4210E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

11(1)The Health Service Commissioners Act 1993 has effect subject to the following amendments.E+W

(2)In section 4(4)(a), after “can be made” insert “ under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 or ”.

(3)In section 11, after subsection (1B) insert—

“(1C)Where a Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1E), he shall afford to the person or body whose maladministration is complained of an opportunity to comment on any allegations contained in the complaint.”

(4)In section 12(1A), for “or (1C)” substitute “ (1C) or (1E) ”.

(5)In section 14, after subsection (2D) insert—

“(2E)In any case where the Health Service Commissioner for England conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation—

(a)to the person who made the complaint;

(b)to any member of the House of Commons who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate);

(c)to the person or body whose maladministration is complained of;

(d)to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;

(e)to the Secretary of State.

(2F)In any case where the Health Service Commissioner for England decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons—

(a)to the person who made the complaint; or

(b)to any such member of the House of Commons as is mentioned in subsection (2E)(b).”

(6)In section 14A, at the end insert—

“(4)In any case where the Health Service Commissioner for Wales conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation—

(a)to the person who made the complaint;

(b)to any Assembly member who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer an Assembly member to such other member as the Commissioner thinks appropriate);

(c)to the person or body whose maladministration is complained of;

(d)to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;

(e)to the Assembly First Secretary.

(5)In any case where the Health Service Commissioner for Wales decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons—

(a)to the person who made the complaint; or

(b)to any such member of the Assembly as is mentioned in subsection (4)(b).”

(7)In section 14B—

(a)for “14A(1)”, in each place, substitute “ 14A ”, and

(b)in subsection (2), for “or (1C)” substitute “ (1C) or (1E) ”.

Commencement Information

I146Sch. 9 para. 11 in force at 1.6.2004 by S.I. 2004/759, art. 7

Audit Commission Act 1998 (c. 18)E+W

12(1)The Audit Commission Act 1998 has effect subject to the following amendments.E+W

(2)In section 4, in subsection (7)—

(a)in paragraph (a), after “bodies,” insert “ the Commission for Healthcare Audit and Inspection and ”;

(b)in paragraph (b), after “bodies,” insert “ the Commission for Social Care Inspection and ”; and

(c)in paragraph (c), after “case,” insert “ the National Assembly for Wales and ”.

(3)At the end of that section insert—

“(8)The Commission must obtain the agreement of the Commission for Healthcare Audit and Inspection before preparing or altering provisions of a code which—

(a)are applicable to accounts which are or include accounts of health service bodies; and

(b)concern the function under section 5(1)(e).”.

(4)In section 7—

(a)in subsection (2)(a), for “such organisations” substitute “ the Commission for Healthcare Audit and Inspection and such other organisations ”; and

(b)in subsection (9), after paragraph (a) insert—

“(aa)the Commission for Healthcare Audit and Inspection;”.

(5)In section 33 (studies for improving economy etc in services), in subsection (6), at the end insert—

“(d)in the case of a study which has a connection with English local authority social services (within the meaning of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003), also consult the Commission for Social Care Inspection; and

(e)in the case of a study which has a connection with Welsh local authority social services (within the meaning of that Part of that Act), also consult the National Assembly for Wales;”.

(6)In that section, after subsection (6) insert—

“(7)The following provisions of this section do not apply in relation to the bodies specified in subsection (8)—

(a)subsection (1)(a);

(b)subsection (1)(b), so far as relating to management other than financial management;

(c)subsection (4).

(8)Those bodies are—

(a)any Primary Care Trust;

(b)any Strategic Health Authority;

(c)any NHS trust (within the meaning of the National Health Service Act 1977) all or most of whose hospitals, establishments and facilities are situated in England.”

(7)In section 34(6), after paragraph (b) insert—

“(ba)in the case of a study which has a connection with any English local authority social service (within the meaning of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003), the Commission for Social Care Inspection;

(bb)in the case of a study which has a connection with any Welsh local authority social service (within the meaning of that Part of that Act), the National Assembly for Wales;”.

(8)In section 35 (studies at request of bodies subject to audit), at the end insert—

“(4)This section does not apply in relation to the bodies specified in section 33(8).”

(9)For section 37 substitute—

“37Assistance to CHAI and CSCI

(1)The Audit Commission may provide assistance to the Commission for Healthcare Audit and Inspection or the Commission for Social Care Inspection in the discharge of any of their functions under Chapter 3 or 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003.

(2)Assistance under subsection (1) may be provided on such terms, including terms as to payment, as the Audit Commission and the Commission in question may agree.”

(10)In section 49(1)—

(a)after paragraph (b) insert—

“(ba)to the Commission for Social Care Inspection for the purposes of its functions under Chapter 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003;

(bb)to the National Assembly for Wales for the purposes of its functions under Chapter 4 of that Part of that Act;”,

(b)in paragraph (c), at the end insert “ or for the purposes of the functions of the Commission for Healthcare Audit and Inspection under Chapter 3 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

Commencement Information

I147Sch. 9 para. 12 in force at 1.4.2004 by S.I. 2004/759, art. 9

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

13E+WIn Schedule 5 to the Government of Wales Act 1998, for paragraph 12A substitute—

“12AThe Commission for Healthcare Audit and Inspection.”

Commencement Information

I148Sch. 9 para. 13 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

Protection of Children Act 1999 (c. 14)E+W

14E+WIn section 2A of the Protection of Children Act 1999, in subsection (2), for paragraph (a) substitute—

“(a)the Commission for Social Care Inspection;

(aa)the Commission for Healthcare Audit and Inspection;”.

Commencement Information

I149Sch. 9 para. 14 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

Local Government Act 1999 (c. 27)E+W

15E+WIn section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g) substitute—

“(e)the Commission for Social Care Inspection;”.

Commencement Information

I150Sch. 9 para. 15 in force at 15.1.2007 for E. by S.I. 2006/3397, art. 5

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

16E+WThe Care Standards Act 2000 has effect subject to the following amendments.

Commencement Information

I151Sch. 9 para. 16 in force at 11.3.2004 for specified purposes by S.I. 2004/759, art. 5(1)(b)

I152Sch. 9 para. 16 in force at 11.3.2004 for E. by S.I. 2004/759, art. 4(1)(b)

I153Sch. 9 para. 16 in force at 1.4.2004 in so far as not already in force by S.I. 2004/759, art. 5(2)(b)

17E+WIn section 5, in paragraph (a), for “the National Care Standards Commission” substitute—

“(i)the CHAI, in the case of independent hospitals, independent clinics and independent medical agencies;

(ii)the CSCI, in the case of children’s homes, care homes, residential family centres, domiciliary care agencies, nurses agencies, fostering agencies, voluntary adoption agencies and adoption support agencies;”.

Commencement Information

I154Sch. 9 para. 17 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

18(1)Section 8 is amended as follows.E+W

F43(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)At the end insert—

“(6)In this section, “Part II services” means services of the kind provided by persons registered under Part II, other than the provision of—

(a)medical or psychiatric treatment, or

(b)listed services (as defined in section 2).”

Textual Amendments

Commencement Information

I155Sch. 9 para. 18 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

19E+WIn section 10—

(a)subsection (1) is omitted; and

(b)in subsection (6)(b), for “by the Commission” substitute “ by the CHAI or the CSCI under this Act ”.

Commencement Information

I156Sch. 9 para. 19 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

20E+WIn section 11(4), for “the Commission” substitute “ the CHAI or the CSCI ”.

Commencement Information

I157Sch. 9 para. 20 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

21E+WIn section 23(4)(d), after the second “or” insert “ against a voluntary adoption agency or adoption support agency for an offence under ”.

Commencement Information

I158Sch. 9 para. 21 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(b)

22E+WIn section 29(1)—

(a)for “the Commission”, in the first place, substitute “ the CHAI or the CSCI (as appropriate) ”, and

(b)for “the Commission”, in the second place, substitute “ either the CHAI or the CSCI ”.

Commencement Information

I159Sch. 9 para. 22 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

23E+WIn section 31—

(a)in subsection (6), for “powers” substitute “ power ”; and

(b)in subsection (7), for “the Commission” substitute “ the CHAI or the CSCI ”.

Commencement Information

I160Sch. 9 para. 23(a) in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

I161Sch. 9 para. 23(b) in force at 11.3.2004 for specified purposes by S.I. 2004/759, art. 5(1)(b)

24E+WIn section 36A for “the Commission”, in all places, substitute “ the CSCI ”.

Commencement Information

I162Sch. 9 para. 24 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(b)

25E+WIn section 42, at the end insert—

“(5)Regulations under subsection (1) made by the Secretary of State may in particular specify whether, for the purposes of the application of this Part to any person, the registration authority is to be the CHAI or the CSCI.”

Commencement Information

I163Sch. 9 para. 25 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

F4426E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

27E+WIn section 51(1), for the words from “in relation to” to “registration authority” substitute “ in England in relation to which powers conferred by section 80 of the Health and Social Care (Community Health and Standards) Act 2003 may be exercised to pay to the CSCI ”.

Commencement Information

I164Sch. 9 para. 27 in force at 11.3.2004 for E. by S.I. 2004/759, art. 4(1)(b)

I165Sch. 9 para. 27 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(b)

28E+WIn section 55(3)(e)—

(a)for “the Commission” substitute “ the CSCI ”;

(b)for “section 31 or 46 of this Act” substitute “ section 31 of this Act or section 88 or 98 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

Commencement Information

I166Sch. 9 para. 28 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(b)

29E+WIn section 113, after subsection (1) insert—

“(1A)The powers conferred by this section are exercisable by the Secretary of State if he is satisfied that—

(a)the CHAI or the CSCI has without reasonable excuse failed to discharge, or properly to discharge, any of its functions under this Act, or

(b)in discharging any of its functions under this Act the CHAI or the CSCI has without reasonable excuse failed to comply with any directions given by him in relation to those functions.”

Commencement Information

I167Sch. 9 para. 29 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

30E+WIn section 121, in the Table in subsection (13), insert the following entries at the appropriate places— “ CHAI Section 5A ”; and “ CSCI Section 5B ”.

Commencement Information

I168Sch. 9 para. 30 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

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

31E+WIn the Freedom of Information Act 2000, in Part 6 of Schedule 1, at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(i) of the Care Standards Act 2000. ”; “ Commission for Social Care Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(ii) of the Care Standards Act 2000. ”.

Commencement Information

I169Sch. 9 para. 31 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I170Sch. 9 para. 31 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

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

F4532E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 150

SCHEDULE 10E+W+SRecovery of NHS charges: exempted payments

1E+W+SAny payment made to or for the injured person under—

(a)section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (compensation orders against convicted persons),

(b)section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (corresponding provision in relation to Scotland), or

(c)Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (corresponding provision in relation to Northern Ireland).

Commencement Information

I171Sch. 10 para. 1 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(f)

I172Sch. 10 para. 1 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(c)

2E+W+SAny payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—

(a)the injury suffered by the injured person, or

(b)any connected injury suffered by another.

Commencement Information

I173Sch. 10 para. 2 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(c)

I174Sch. 10 para. 2 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(f)

3E+W+SAny payment made out of property held for the purposes of a prescribed trust.

Commencement Information

I175Sch. 10 para. 3 partly in force; sch. 10 para. 3 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I176Sch. 10 para. 3 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(f)

I177Sch. 10 para. 3 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(c)

4(1)Any payment made to the injured person by an insurer under the terms of any contract of insurance entered into between the injured person and the insurer before the occurrence of the injury in question.E+W+S

(2)In sub-paragraph (1), “insurer” means—

(a)a person who has permission under Part 4 of the Financial Services and Markets Act 2000 (c. 8) to effect or carry out contracts of insurance, or

(b)an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance.

(3)Sub-paragraph (2) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000,

(b)any relevant order under that section, and

(c)Schedule 2 to that Act.

Commencement Information

I178Sch. 10 para. 4 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(c)

I179Sch. 10 para. 4 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(f)

5E+W+SAny payment which apart from this paragraph would be made by—

(a)the responsible body of the health service hospital to whom the payment would subsequently be passed under section 162,

(b)the relevant ambulance trust to whom the payment would subsequently be passed under that section.

Commencement Information

I180Sch. 10 para. 5 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(c)

I181Sch. 10 para. 5 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(f)

6E+W+SAny payment to the extent that it is made—

(a)in consequence of an action under the Fatal Accidents Act 1976 (c. 30),

(b)in consequence of an action under the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or

(c)in circumstances where, had an action been brought, it would have been brought under that Act or Order.

Commencement Information

I182Sch. 10 para. 6 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(c)

I183Sch. 10 para. 6 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(f)

7E+W+SAny payment to the extent that it is made in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 1976 (c. 13).

Commencement Information

I184Sch. 10 para. 7 in force at 29.1.2007 for E.W. by S.I. 2006/3397, art. 2(2)(c)

I185Sch. 10 para. 7 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(f)

8E+W+SAny payment of a prescribed description, either generally or in such circumstances as may be prescribed.

Commencement Information

I186Sch. 10 para. 8 partly in force; Sch. 10 para. 8 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I187Sch. 10 para. 8 in force at 29.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(2)(f)

I188Sch. 10 para. 8 in force at 29.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(2)(c)

Section 184

SCHEDULE 11E+WPart 4: minor and consequential amendments

National Health Service (Amendment) Act 1949 (c. 93)E+W

1(1)The National Health Service (Amendment) Act 1949 (which is spent in relation to England and Wales) shall cease to have effect.E+W

(2)This paragraph extends to England and Wales only.

Commencement Information

I189Sch. 11 para. 1 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(a) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I190Sch. 11 para. 1 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(a) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

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

2E+WThe Health Services and Public Health Act 1968 has effect subject to the following amendments.

Commencement Information

I191Sch. 11 para. 2 in force at 1.4.2004 for specified purposes for E. by S.I. 2004/288, art. 5(2)(b) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I192Sch. 11 para. 2 in force at 1.4.2004 for specified purposes for W. by S.I. 2004/480, art. 4(2)(b) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I193Sch. 11 para. 2 in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 6(2)(a)

I194Sch. 11 para. 2 in force at 1.4.2006 for E. so far as not already in force by S.I. 2005/2925, art. 10(2)(a)

3(1)Section 59 is amended as follows.E+W

(2)In subsection (1)—

(a)after “local pharmaceutical services,” insert “ primary medical services, ”;

(b)after “personal medical services,” insert “ primary dental services, ”.

(3)In subsection (2), after “1977” insert “ (in the case of pharmaceutical services) ”.

(4)In subsection (2A), omit “section 28C of the 1977 Act,”.

(5)After subsection (2B) insert—

“(2C)In subsection (1), the references to primary medical services and primary dental services are references to primary medical services and primary dental services provided under Part 1 of the 1977 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.”

Commencement Information

I195Sch. 11 para. 3(1) in force at 1.4.2004 for specified purposes for E. by S.I. 2004/288, art. 5(2)(c) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I196Sch. 11 para. 3(1) in force at 1.4.2004 for specified purposes for W. by S.I. 2004/480, art. 4(2)(c) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I197Sch. 11 para. 3(1)(2)(b) in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 6(2)(a)

I198Sch. 11 para. 3(2)(a)(3)-(5) in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(c) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I199Sch. 11 para. 3(2)(a)(3)-(5) in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(c) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I200Sch. 11 para. 3(2)(b) in force at 1.4.2006 for E. by S.I. 2005/2925, art. 10(2)(a)

4E+WIn section 63(2)—

(a)after paragraph (a) insert—

“(aa)the provision or performance of a primary medical service or primary dental service under Part 1 of the 1977 Act and an activity involved in or connected with the provision or performance of such a service;”;

(b)in paragraph (ba), omit “section 28C of the 1977 Act or”.

Commencement Information

I201Sch. 11 para. 4 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(d) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I202Sch. 11 para. 4 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(d) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

5E+WIn section 64(3)(b), after “make arrangements” insert “ or any service which a Primary Care Trust or Local Health Board is under a duty to provide under section 16CA or 16CC of that Act ”.

Commencement Information

I203Sch. 11 para. 5 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(d) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I204Sch. 11 para. 5 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(d) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

Patents Act 1977 (c. 37)E+W

6(1)Section 56(4)(a) of the Patents Act 1977 is amended as follows.E+W

(2)After “the provision of—” insert—

“(ai)primary medical services or primary dental services under Part 1 of the National Health Service Act 1977, or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man, or”.

(3)In sub-paragraph (i), after “1977” insert “ (in the case of pharmaceutical services) ”.

(4)In sub-paragraph (ii), omit “section 28C of the 1977 Act,”.

Commencement Information

I205Sch. 11 para. 6 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(d) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I206Sch. 11 para. 6 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(d) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

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

F467E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F468E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F469E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4610E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4711E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47Sch. 11 para. 11 brought into force in so far as not already in force and repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by National Health Service (Pre - consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, Sch. 1 para. 13(b), Sch. 2 (with art. 4)

F4812E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4813E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4814E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4815E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4816E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4917E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49Sch. 11 para. 17 brought into force in so far as not already in force and repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by National Health Service (Pre - consolidation Amendments) Order 2006 (S.I. 2006/1407), arts. 1(1), 2, Sch. 1 para. 13(b), Sch. 2 (with art. 4)

F5018E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5019E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5020E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5021E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5022E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5023E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5024E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5025E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5026E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5027E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5028E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5029E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5030E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5031E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5032E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

33(1)Section 98 is amended as follows.E+W

(2)In subsection (1)—

(a)insert “ and ” at the end of paragraph (dd);

(b)omit paragraph (e) and the preceding “and”.

(3)In subsection (4)—

(a)in paragraph (a), omit the words from “, other than” to the end;

(b)omit paragraph (b).

Commencement Information

I207Sch. 11 para. 33 in force at 1.4.2006 for E. by S.I. 2005/2925, art. 10(2)(d)

F5134E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51Sch. 11 para. 34 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by National Health Service (Pre - consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

F5235E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5236E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5237E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5338E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 11 para. 38 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by National Health Service (Pre - consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

F5439E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5440E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5441E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5442E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5443E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5444E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5445E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

National Health Service (Scotland) Act 1978 (c. 29)E+W

46(1)Section 17D of the National Health Service (Scotland) Act 1978 is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (b)(ii), after “arrangements or” insert “ primary medical services in accordance with ”;

(b)in paragraph (c)(ii), after “arrangements or” insert “ primary dental services in accordance with ”.

(3)In subsection (2), in the definition of “NHS employee”—

(a)in paragraph (b)(ii), after “arrangements or” insert “ primary medical services in accordance with ”;

(b)in paragraph (c)(i), for “36(1)(a)” substitute “ 28X ”;

(c)in paragraph (c)(ii), after “arrangements or” insert “ primary dental services in accordance with ”.

Commencement Information

I208Sch. 11 para. 46(1) in force at 1.4.2004 for specified purposes for E. by S.I. 2004/288, art. 5(2)(r) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I209Sch. 11 para. 46(1) in force at 1.4.2004 for specified purposes for W. by S.I. 2004/480, art. 4(2)(v) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I210Sch. 11 para. 46(1)(2)(b)(3)(b)(c) in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 6(2)(j)

I211Sch. 11 para. 46(1)(2)(b)(3)(b)(c) in force at 1.4.2006 for E. by S.I. 2005/2925, art. 10(2)(g)

I212Sch. 11 para. 46(2)(a)(3)(a) in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(r) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I213Sch. 11 para. 46(2)(a)(3)(a) in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(v) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

Medical Act 1983 (c. 54)E+W

47E+WThe Medical Act 1983 is amended as follows.

Commencement Information

I214Sch. 11 para. 47 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(w) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I215Sch. 11 para. 47 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(s) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

48E+WIn section 11(4), in the definition of “medical practice”—

(a)after “practitioners—” insert—

“(za)perform primary medical services under Part 1 of the National Health Service Act 1977; or”;

(b)in paragraph (a), omit “Part II of the National Health Service Act 1977,”;

(c)in paragraph (b), omit “section 28C of the 1977 Act,”.

Commencement Information

I216Sch. 11 para. 48 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(s) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I217Sch. 11 para. 48 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(w) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

49E+WIn section 12(2)(a), for “general medical services under Part II of the National Health Service Act 1977,” substitute “ primary medical services under Part 1 of the National Health Service Act 1977 or general medical services under ”.

Commencement Information

I218Sch. 11 para. 49 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(s) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I219Sch. 11 para. 49 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(w) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

Dentists Act 1984 (c. 24)E+W

50E+WIn section 40(2) of the Dentists Act 1984, after paragraph (a) insert—

“(aa)by a person providing primary dental services under section 28C of the National Health Service Act 1977 or under a contract under section 28K of that Act, or”.

Commencement Information

I220Sch. 11 para. 50 in force at 1.4.2006 for E. by S.I. 2005/2925, art. 10(2)(h)

I221Sch. 11 para. 50 in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 6(2)(k)

Community Health Councils (Access to Information) Act 1988 (c. 24)E+W

51E+WIn section 1(6) of the Community Health Councils (Access to Information) Act 1988, in the paragraph 6B inserted into Schedule 12A of the Local Government Act 1972 (c. 70)—

(a)after paragraph (a) insert—

“(aa)any particular person who is or was formerly included in, or is an applicant for inclusion in, a list under section 28X of that Act; or

(ab)any particular person who is or was formerly providing services under a contract under section 28K or section 28Q of that Act; or”;

(b)in paragraph (b), for “such a person” substitute “ a person mentioned in paragraphs (a) to (ab) above ”.

Commencement Information

I222Sch. 11 para. 51 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(x) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I223Sch. 11 para. 51 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(t) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

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

52E+WIn section 240(4) of the Copyright, Designs and Patents Act 1988—

(a)after “providing—” insert—

“(za)primary medical services or primary dental services under Part 1 of the National Health Service Act 1977”;

(b)in paragraph (a)(i), after “1977” insert “ (in the case of pharmaceutical services) ”;

(c)omit paragraph (b)(i).

Commencement Information

I224Sch. 11 para. 52 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(x) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I225Sch. 11 para. 52 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(t) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

Health and Medicines Act 1988 (c. 49)E+W

53E+WThe Health and Medicines Act 1988 has effect subject to the following amendments.

Commencement Information

I226Sch. 11 para. 53 in force at 1.4.2004 for specified purposes for W. by S.I. 2004/480, art. 4(2)(y) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I227Sch. 11 para. 53 in force at 1.4.2004 for specified purposes for E. by S.I. 2004/288, art. 5(2)(u) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I228Sch. 11 para. 53 in force at 1.4.2006 for E. by S.I. 2005/2925, art. 10(2)(i)

54E+WIn section 12(1)—

(a)omit “The Dental Estimates Board shall be renamed as “the Dental Practice Board” and”;

(b)in paragraph (a), omit “for any reference to the Dental Estimates Board there were substituted a reference to the Dental Practice Board and”;

(c)in paragraph (b)—

(i)omit “the Dental Estimates Board or”,

(ii)for “either or both of those Boards” substitute “ that Board ”, and

(iii)omit “the Dental Practice Board and”.

Commencement Information

I229Sch. 11 para. 54 in force at 1.4.2006 for E. by S.I. 2005/2925, art. 10(2)(i)

55E+WIn section 17(1)—

(a)omit “29, 36”;

(b)for “39 or 42” substitute “ 38, 39, 41 or 42 ”.

Commencement Information

I230Sch. 11 para. 55 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(y) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I231Sch. 11 para. 55 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(u) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

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

56(1)Section 18 of the National Health Service and Community Care Act 1990 is amended as follows (for so long as it has effect).E+W

(2)In subsection (1), for “Health Authority”, in each place, substitute “ Local Health Board ”.

(3)In subsection (3), for paragraphs (a) and (b) substitute—

“(a)a person or body who has entered into a contract under section 28Q of the principal Act, otherwise than in partnership; or

(b)two or more individuals practising in partnership who together have entered into such a contract,”.

(4)In subsections (4) and (5), for “Health Authority”, in each place, substitute “ Local Health Board ”.

(5)At the end insert—

“(9)In this section, references to the “relevant” Primary Care Trust or Local Health Board, in relation to a practice, are to the Primary Care Trust or Local Health Board with which it has entered into a contract under section 28Q of the principal Act.”

Commencement Information

I232Sch. 11 para. 56 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(z) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I233Sch. 11 para. 56 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(v) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

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

57(1)The Access to Health Records Act 1990 is amended as follows.E+W

(2)In section 1, in subsection (2), for paragraph (a) substitute—

“(a)in the case of a record made by a health professional performing primary medical services under a general medical services contract made with a Primary Care Trust or Local Health Board, the person or body who entered into the contract with the Trust or Board (or, in a case where more than one person so entered into the contract, any such person);

(aa)in the case of a record made by a health professional performing such services in accordance with arrangements under section 28C of that Act with a Primary Care Trust, Strategic Health Authority or Local Health Board, the person or body which made the arrangements with the Trust, Authority or Board (or, in a case where more than one person so made the arrangements, any such person);”.

(3)In that subsection, in paragraph (b), after “by a health service body” insert “ (and not falling within paragraph (aa) above) ”.

(4)In section 7—

(a)in subsection (2), omit the words from “(other” to “section 1(2)(a) above)”; and

(b)omit subsection (3).

(5)In section 11—

(a)at the appropriate place, insert—

““general medical services contract” means a contract under section 28Q of the National Health Service Act 1977;”;

(b)omit the definition of “general practitioner”.

(6)This paragraph extends to England and Wales only.

Commencement Information

I234Sch. 11 para. 57 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(v) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I235Sch. 11 para. 57 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(z) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

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

58E+WIn Schedule 4A to the Water Industry Act 1991, for paragraph 7 substitute—

“7Premises not falling within paragraph 5 or 6 above which are used for the provision of primary medical services or primary dental services under Part 1 of the National Health Service Act 1977.”

Commencement Information

I236Sch. 11 para. 58 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(v) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I237Sch. 11 para. 58 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(z) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

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

59(1)Section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.E+W

(2)In paragraph (a), omit “28C, 29, 35”.

(3)Renumber the existing provision as subsection (1).

(4)After that provision insert—

“(2)In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services—

(a)in accordance with arrangements made by a Primary Care Trust, Strategic Health Authority or Local Health Board under section 28C of the National Health Service Act 1977; or

(b)under a contract under section 28K or 28Q of that Act entered into by him with a Primary Care Trust or Local Health Board,

and “employer” in relation to such an individual, regarded in that capacity, means that Trust, Authority or Board.”

Commencement Information

I238Sch. 11 para. 59 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(z) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I239Sch. 11 para. 59 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(v) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

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

60E+WThe Health Service Commissioners Act 1993 has effect subject to the following amendments.

Commencement Information

I240Sch. 11 para. 60 in force at 1.4.2004 for specified purposes for W. by S.I. 2004/480, art. 4(2)(aa) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I241Sch. 11 para. 60 in force at 1.4.2004 for specified purposes for E. by S.I. 2004/288, art. 5(2)(w) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I242Sch. 11 para. 60 in force at 1.4.2006 for E. by S.I. 2005/2925, art. 10(2)(j)

61E+WIn section 2—

(a)in subsection (1)(c), for the words from “exercising” to the end substitute “ not exercising functions only or mainly in Wales ”;

F55(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I243Sch. 11 para. 61 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(aa) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I244Sch. 11 para. 61 in force at 1.4.2006 for E. by S.I. 2005/2925, art. 10(2)(j)

62(1)Section 2A is amended as follows.E+W

(2)In subsection (1)—

(a)for paragraph (a) substitute—

“(a)persons (whether individuals or bodies) providing services under a contract entered into by them with a Primary Care Trust under section 28K or 28Q of the National Health Service Act 1977”;

(b)in paragraph (c), for “personal”, in both places, substitute “ primary ”.

F56(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I245Sch. 11 para. 62 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(aa) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I246Sch. 11 para. 62 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(w) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

63E+WIn section 6(5)—

(a)omit “29, 36”;

(b)for “39 or 42” substitute “ 38, 39, 41 or 42 ”.

Commencement Information

I247Sch. 11 para. 63 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(aa) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I248Sch. 11 para. 63 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(w) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

64E+WIn section 18(1), after “partly” insert “ or wholly ”.

Commencement Information

I249Sch. 11 para. 64 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(aa) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I250Sch. 11 para. 64 in force at 1.4.2006 for E. by S.I. 2005/2925, art. 10(2)(j)

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

65(1)Section 43K of the Employment Rights Act 1996 is amended as follows.E+W

(2)In subsection (1), after paragraph (b) insert—

“(ba)works or worked as a person performing services under a contract entered into by him with a Primary Care Trust or Local Health Board under section 28K or 28Q of the National Health Service Act 1977,”.

(3)In subsection (2), after paragraph (a) insert—

“(aa)in relation to a worker falling within paragraph (ba) of that subsection, the Primary Care Trust or Local Health Board referred to in that paragraph,”.

Commencement Information

I251Sch. 11 para. 65 in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(bb) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I252Sch. 11 para. 65 in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(x) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

Education Act 1996 (c. 56)E+W

66E+WIn section 520(1) of the Education Act 1996, for “(1A)” substitute “ 16CB ”.

Commencement Information

I253Sch. 11 para. 66 in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 6(2)(l)

I254Sch. 11 para. 66 in force at 1.4.2006 for E. by S.I. 2005/2925, art. 10(2)(k)

Health Act 1999 (c. 8)E+W

67E+WIn Schedule 3 to the Health Act 1999, in paragraph 11(2)—

(a)in sub-paragraph (c), for the words from “provide” to “under” substitute “ perform primary medical services under Part 1 of ”;

(b)in sub-paragraph (d), for the words from “provide” to “under” substitute “ perform primary dental services under Part 1 of ”.

Commencement Information

I255Sch. 11 para. 67(a) in force at 1.4.2004 for W. by S.I. 2004/480, art. 4(2)(bb) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

I256Sch. 11 para. 67(a) in force at 1.4.2004 for E. by S.I. 2004/288, art. 5(2)(x) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I257Sch. 11 para. 67(b) in force at 1.4.2006 for E. by S.I. 2005/2925, art. 10(2)(l)

I258Sch. 11 para. 67(b) in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 6(2)(m)

I259Sch. 11 para. 67(b) 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 para. 13 (with art. 4)

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

68E+WIn Schedule 1 to the Freedom of Information Act 2000, in Part 3, before paragraph 44 insert—

“43AAny person providing primary medical services or primary dental services—

(a)in accordance with arrangements made under section 28C of the National Health Service Act 1977; or

(b)under a contract under section 28K or 28Q of that Act;

in respect of information relating to the provision of those services.”

Commencement Information

I260Sch. 11 para. 68 in force at 17.1.2005 for E. by S.I. 2005/38, art. 2(c) (with art. 3)

I261Sch. 11 para. 68 in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 6(2)(n)

I262Sch. 11 para. 68 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 para. 13 (with art. 4)

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

F5769E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5770E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5771E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5772E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5773E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F5774E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 187

SCHEDULE 12U.K.Privy Council appointments

Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)U.K.

F581U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 12 para. 1 repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 9; S.I. 2006/2603, art. 4(5)(e), Sch.

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

2(1)Schedule 1 to the Medical Act 1983 (the General Medical Council) is amended as follows.U.K.

(2)In paragraph 4(1) (nominated members) for the words “Her Majesty on the advice of Her Privy Council” there are substituted “ the Privy Council ”.

F59(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I263Sch. 12 para. 2 in force at 19.10.2004 by S.I. 2004/2626, art. 2

Dentists Act 1984 (c. 24)U.K.

3(1)Schedule 1 to the Dentists Act 1984 (the General Dental Council) is amended as follows.U.K.

F60(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In paragraph 2 (lay members) for sub-paragraphs (2) and (3) there are substituted the following—

“(2)The lay members shall be appointed by the Privy Council.

(3)The lay members must include at least one person from each of England, Scotland, Wales and Northern Ireland.

(4)A person is from England, Scotland, Wales or Northern Ireland (as the case may be) if he lives or works there or mainly lives or works there.”

F61(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I264Sch. 12 para. 3 in force at 19.10.2004 by S.I. 2004/2626, art. 2

Opticians Act 1989 (c. 44)U.K.

F624U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Sch. 12 paras. 4-8 repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 9; S.I. 2006/2603, art. 4(5)(e), Sch.

Osteopaths Act 1993 (c. 21)U.K.

F625U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Sch. 12 paras. 4-8 repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 9; S.I. 2006/2603, art. 4(5)(e), Sch.

Chiropractors Act 1994 (c. 17)U.K.

F626U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Sch. 12 paras. 4-8 repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 9; S.I. 2006/2603, art. 4(5)(e), Sch.

The Nursing and Midwifery Order 2001 (S.I. 2002/253)U.K.

F627U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Sch. 12 paras. 4-8 repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 9; S.I. 2006/2603, art. 4(5)(e), Sch.

The Health Professions Order 2001 (S.I. 2002/254)U.K.

F628U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Sch. 12 paras. 4-8 repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 9; S.I. 2006/2603, art. 4(5)(e), Sch.

Section 190

SCHEDULE 13E+WAmendments consequential on the abolition of the Public Health Laboratory Service Board

Parliamentary Commissioner Act 1967 (c. 13)E+W

1E+WIn paragraph 8(1) of Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to examination) the words “or by the Public Health Laboratory Service Board” are omitted.

Commencement Information

I265Sch. 13 para. 1 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

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

2E+WIn Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) the entry relating to the Chairman of the Public Health Laboratory Service Board is omitted.

Commencement Information

I266Sch. 13 para. 2 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

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

3E+WIn Part 2 of Schedule 1A to the Race Relations Act 1976 (additional bodies subject to a general statutory duty) the entry relating to the Public Health Laboratory Service Board is omitted.

Commencement Information

I267Sch. 13 para. 3 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

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

F634E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

5E+WIn section 519A(2) of the Income and Corporation Taxes Act 1988 (definition of health bodies) paragraph (h) is omitted.

Commencement Information

I268Sch. 13 para. 5 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

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

6E+WIn the National Health Service and Community Care Act 1990—

F64(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in section 60(7) (removal of Crown immunities) paragraph (h) and the word “and” preceding it are omitted.

Textual Amendments

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

7E+WIn section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation) paragraph (g) and the word “and” preceding it are omitted.

Commencement Information

I269Sch. 13 para. 7 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

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

8E+WIn section 218(10) (list of health service employers affected by continuity of employment provisions) paragraph (e) and the word “and” preceding it are omitted.

Commencement Information

I270Sch. 13 para. 8 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

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

9(1)In Schedule 5 to the Government of Wales Act 1998 (bodies covered by power of Assembly to require under section 74 of that Act certain persons to attend and give evidence and produce documents), paragraph 39 is omitted.E+W

(2)But sub-paragraph (1) does not affect a requirement made—

(a)before this paragraph comes into force;

(b)in relation to any matter which occurred or existed before that time.

Commencement Information

I271Sch. 13 para. 9 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

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

10E+WIn Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act) paragraph 43 is omitted.

Commencement Information

I272Sch. 13 para. 10 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

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

11E+WIn Schedule 1 to the International Development Act 2002 (bodies with power to enter into certain arrangements) the words “Public Health Laboratory Service Board” are omitted.

Commencement Information

I273Sch. 13 para. 11 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

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

12E+WIn section 133(4) of the Nationality, Immigration and Asylum Act 2002 (disclosure of certain information to health service bodies)—

(a)in paragraph (a) the word “ or ” is inserted after sub-paragraph (iii) and sub-paragraph (v) and the word “or” preceding it are omitted;

(b)in paragraph (b) the word “ or ” is inserted after sub-paragraph (i) and sub-paragraph (iii) and the word “or” preceding it are omitted.

Commencement Information

I274Sch. 13 para. 12 in force at 1.4.2005 by S.I. 2005/457, art. 2(a)

Section 196

SCHEDULE 14U.K.Repeals and revocations

Commencement Information

I275Sch. 14 in force at 1.3.2004 for specified purposes for E. by S.I. 2004/288, art. 4(2)(c) (with arts. 7, 8) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I276Sch. 14 in force at 1.4.2004 for specified purposes for E. by S.I. 2004/288, art. 6 (with arts. 7-9) (as amended by S.I. 2004/866 and S.I. 2005/2925)

I277Sch. 14 in force at 1.4.2004 for specified purposes for W. by S.I. 2004/480, art. 5 (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

Part 1 U.K.NHS foundation trusts

Commencement Information

I278Sch. 14 Pt. 1 in force at 1.4.2004 for E.W. insofar as not already in force by S.I. 2004/759, art. 12

ReferenceExtent of repeal or revocation
Health Services and Public Health Act 1968 (c. 46)In section 63(5B), the “and” at the end of paragraph (bbb).
National Health Service Act 1977 (c. 49)

In section 22(1A), the “or” at the end of paragraph (cc).

In section 125, the “and” at the end of paragraph (bbb).

National Health Service and Community Care Act 1990 (c. 19)

In Schedule 2, paragraphs 21 and 25(b).

In Schedule 9—

  • paragraph 7(a),

  • paragraph 13(a),

  • in paragraph 18(5)(a), the words from “after” to “trust” and“,

  • paragraph 36(4)(a).

Access to Health Records Act 1990 (c. 23)In section 11, in the definition of “health service body”, the “or” before paragraph (d).
Courts and Legal Services Act 1990 (c. 41)

In Schedule 16—

  • in paragraph 14(b), the words from “and after” to the end,

  • paragraph 20.

Health and Social Care Act 2001 (c. 15)In section 11(2), the “and” before paragraph (c).
National Health Service Reform and Health Care Professions Act 2002 (c. 17)In section 15(1), the “and” before paragraph (b).

Part 2 U.K.Standards

Commencement Information

I279Sch. 14 Pt. 2 in force at 1.4.2004 for specified purposes for E.W. by S.I. 2004/759, art. 13

I280Sch. 14 Pt. 2 in force at 1.4.2004 for specified purposes for W. by S.I. 2004/873, art. 2(e)

I281Sch. 14 Pt. 2 in force at 1.9.2006 for specified purposes for E. by S.I. 2006/1680, art. 3(d)

ReferenceExtent of repeal or revocation
Public Records Act 1958 (c. 51)In Schedule 1, in Part 2 of the Table at the end of paragraph 3, the entries relating to the Commission for Health Improvement and the National Care Standards Commission.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)In the Schedule, paragraph 1(bc) and (bf).
Parliamentary Commissioner Act 1967 (c. 13)In Schedule 2, the entries relating to the Commission for Health Improvement and the National Care Standards Commission.
Local Authority Social Services Act 1970 (c. 42)Section 7B.
House of Commons Disqualification Act 1975 (c. 24)In Part 2 of Schedule 1, the entries relating to the Commission for Health Improvement and the National Care Standards Commission.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)In Part 2 of Schedule 1, the entries relating to the Commission for Health Improvement and the National Care Standards Commission.
Hospital Complaints Procedure Act 1985 (c. 42)

In section 1—

  • in subsection (1), the words from “to each”, where first occurring, to “Wales and” and the words “Strategic Health Authority, Health Authority, Special Health Authority or”; and “20 or” and “or Schedule 2,”;

  • subsections (1B), (1C)(a) and (3)(a).

Children Act 1989 (c. 41)Section 14G.
Health Service Commissioners Act 1993 (c. 46)Section 4(6).
Health Authorities Act 1995 (c. 17)In Schedule 1, paragraph 109.
Health Act 1999 (c. 8)

Sections 18 to 24.

In section 62—

  • in subsection (2), “20 or” and “or Schedule 2,”;

  • in subsection (5), “20 or”.

In section 64, the definition of “the Commission”.

Section 66(6).

Schedule 2.

In Schedule 4, paragraph 71.

National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

In Schedule 1, in the entry relating to the Health Act 1999, “20(1), 22 and” and “and Schedule 2 (other than paragraph 2)”.

In Schedule 2, the entries relating to the Health Act 1999.

Care Standards Act 2000 (c. 14)

Sections 6 and 7.

Section 9.

Section 10(1).

Section 22(8)(a).

In section 31(6), “and inspect any medical records relating to his treatment in the establishment”.

Section 32(8).

Section 44.

Section 45(1) to (3) and (5).

Sections 46 and 47.

Section 49(2).

Section 51.

In section 113(1), “the Commission or” and, in paragraph (b), “6(2) or”.

In section 121(13), in the table, the entry for “the Commission”.

In Schedule 1—

  • in paragraph 1(1), “the Commission,”;

  • paragraphs 9 to 11, 15 and 17.

Local Government Act 2000 (c. 22)In Schedule 5, paragraph 29.
Freedom of Information Act 2000 (c. 36)In Part VI of Schedule 1, the reference to the Commission for Health Improvement.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)

Sections 11 to 14.

In Schedule 1, paragraphs 37, 49 and 50.

In Schedule 5, paragraph 44.

In Schedule 8, paragraphs 28 to 31.

Health and Social Care (Community Health and Standards) Act 2003In Schedule 9, paragraph 27.

Part 3 U.K.Recovery of NHS charges

Commencement Information

I282Sch. 14 Pt. 3 in force at 29.1.2007 for specified purposes for E.W. by S.I. 2006/3397, art. 3(1) (with art. 4)

I283Sch. 14 Pt. 3 in force at 29.1.2007 for S. by S.S.I. 2007/10, art. 2(2)(g) (with art. 3)

ReferenceExtent of repeal or revocation
Road Traffic (NHS Charges) Act 1999 (c. 3)The whole Act.
Road Traffic Act 1988 (c. 52)

In section 145(6)—

(a)

the words “or the Road Traffic (NHS Charges) Act 1999”, and

(b)

in paragraph (b), the words “or section 1 of the Act of 1999”.

In section 161(1), in the definition of “hospital”, paragraph (b).

Tribunals and Inquiries Act 1992 (c. 53)In Part 2 of Schedule 1, paragraph 56(e).
Community Care and Health (Scotland) Act 2002 (asp 5)Section 20(3).

Part 4 U.K.Dental and medical services

Commencement Information

I284Sch. 14 Pt. 4 in force at 17.1.2005 for specified purposes for E. by S.I. 2005/38, art. 2(d) (with art. 3)

I285Sch. 14 Pt. 4 in force at 1.12.2005 for specified purposes for E. by S.I. 2005/2925, art. 6(1)(c)

I286Sch. 14 Pt. 4 in force at 15.2.2006 for specified purposes for W. by S.I. 2006/345, art. 4(1)(c)

I287Sch. 14 Pt. 4 in force at 1.4.2006 for specified purposes for W. by S.I. 2006/345, art. 7(1)

I288Sch. 14 Pt. 4 in force at 1.4.2006 for specified purposes by S.I. 2005/2925, art. 11(1)

I289Sch. 14 Pt. 4 in force at 27.10.2006 for specified purposes by S.I. 2006/2817, art. 2(b)

I290Sch. 14 Pt. 4 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 para. 13 (with art. 4)

Note: The repeals in this Part of this Schedule to the following enactments extend to England and Wales only—

(a)

the National Health Service (Amendment) Act 1949 (c. 93);

(b)

the Access to Health Records Act 1990 (c. 23);

(c)

the National Health Service (Primary Care) Act 1997 (c. 46) and enactments amending that Act.

ReferenceExtent of repeal or revocation
National Health Service (Amendment) Act 1949 (c. 93)The whole Act.
Parliamentary Commissioner Act 1967 (c. 13)In Schedule 3, in paragraph 8(1), “the Dental Practice Board or”.
Health Services and Public Health Act 1968 (c. 46)

In section 59(2A), “section 28C of the 1977 Act,”.

In section 63(2)(ba), “section 28C of the 1977 Act or”.

House of Commons Disqualification Act 1975 (c. 24)In Schedule 1, in Part 3, the entry relating to the Chairman or Vice-Chairman of the Dental Practice Board or member of that Board appointed at an annual salary.
Race Relations Act 1976 (c. 74)In Schedule 1A, in Part 2, the entry relating to the Dental Practice Board.
Patents Act 1977 (c. 37)In section 56(4)(a)(ii), “section 28C of the 1977 Act,”.
National Health Service Act 1977 (c. 49)

In section 3(3), “medical, dental,”.

Section 5(1A).

In section 18A(3)(a), “general medical, general dental,”.

In section 26(2)(a) and (4)(a), “general medical services, general dental services”.

Section 28C(3) and (7).

In section 28D(2), the definitions of “qualifying dental practitioner” and “qualifying medical practitioner”.

Section 28DA.

In section 28E—

  • in subsection (2), paragraph (b) and the words following that paragraph;

  • subsection (3)(f), (g), (j) and (k);

  • subsections (5) to (8).

Sections 28F to 28H.

Sections 29 to 37.

Section 43ZA(3)(a) and (b).

In section 43C(3), in the definition of “Part II services” the words “general medical services, general dental services,”.

In section 43D—

  • in subsection (1), “general medical services, general dental services,”;

  • subsection (10)(a) and (b).

In section 44—

  • subsections (ZA1) to (B1);

  • subsection (3)(a) to (d);

  • subsection (5).

In section 45—

  • subsection (1)(b);

  • subsection (1ZA)(b) and the preceding “or”;

  • in subsection (1A), “Strategic Health Authority”;

  • in subsection (3), “general medical services, general dental services”;

Section 49F(1)(a) and (c).

In section 49H(1)(a), “or a dental corporation”.

In section 52, “general medical services, general dental services,”.

Section 53.

Section 56(a) and (b).

In section 72(5)(a), “, dental practitioners,”.

In section 78—

  • in the side-note, “dental or”;

  • subsections (1A) and (2).

Section 81(b).

Section 82(b).

Section 83(b).

Section 85(1)(e).

In section 98—

  • subsection (1)(e) and the preceding “and”;

  • in subsection (4), in paragraph (a), the words from “, other than” to the end, and paragraph (b).

Section 99(1)(f) and the preceding “and”.

Section 100(1)(e) and the preceding “and”.

Section 102(1)(a)(iii) and (iv) and (2)(b) and (c).

In section 103(1)(a), “or in accordance with section 28C arrangements”.

In section 126(4), the words from “regulations made under section 32” to “or to”.

In section 128(1)—

  • the definitions of “dental corporation”, “medical list”, “personal dental services” and “personal medical services”;

  • in the definition of “terms of service”, the words “general medical services, general dental services,”.

In Schedule 1—

  • in the title, “and their education in dental health”;

  • in paragraph 1(a), “or dental” and “or for education in dental health”.

In Schedule 7A, in paragraph 3(1)(g), the words from “or under” to “this Act”.

In Schedule 12—

  • in the heading preceding paragraph 2, “dental or”;

  • in paragraph 2, sub-paragraphs (3) to (7) and, in sub-paragraph (8), the words from “and, in the case of” to the end;

  • paragraph 3 and the preceding heading;

  • paragraph 6.

In Schedule 12A—

  • paragraph 1(2)(d) and the preceding “or”;

  • paragraph 2(2)(c) and the preceding “or”;

  • paragraph 4(2)(b) and the preceding “or”;

  • paragraph 5(2)(b) and the preceding “or”;

  • paragraph 6A(2)(d) and the preceding “or”;

  • paragraph 6B(2)(c) and the preceding “or”.

National Health Service (Scotland) Act 1978 (c. 29)Section 17A(2)(g).
Health Services Act 1980 (c. 53)In Schedule 5, paragraphs 2(3) and 4.
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)

Section 14(1).

Section 15(a).

In Schedule 6, paragraph 2.

Medical Act 1983 (c. 54)

In section 11(4), in the definition of “medical practice”—

  • in paragraph (a), “Part II of the National Health Service Act 1977,”;

  • in paragraph (b), “section 28C of the 1977 Act,”.

In Schedule 5, paragraph 16(a).

Dentists Act 1984 (c. 24)

In section 40(2)(ab), “section 28C of the National Health Service Act 1977 or”.

In Schedule 5, paragraph 8.

Health and Social Security Act 1984 (c. 48)In Schedule 3, paragraph 5.
Income and Corporation Taxes Act 1988 (c. 1)Section 519A(2)(f).
Copyright, Designs and Patents Act 1988 (c. 48)Section 240(4)(b)(i).
Health and Medicines Act 1988 (c. 49)

In section 2(1)(a)—

  • in sub-paragraph (i), “Part II of the National Health Service Act 1977 or”;

  • in sub-paragraph (ii), “section 28C of the 1977 Act or”.

In section 8(1)—

  • in paragraph (a), “section 29 of the National Health Service Act 1977 or”;

  • in paragraph (b), “section 36 of the National Health Service Act 1977 or”.

In section 12(1)—

  • “The Dental Estimates Board shall be renamed as “the Dental Practice Board” and”;

  • in paragraph (a), “for any reference to the Dental Estimates Board there were substituted a reference to the Dental Practice Board and”;

  • in paragraph (b), “the Dental Estimates Board or” and “the Dental Practice Board and”.

Section 12(2) and (3)(a).

In section 17(1), “29, 36”.

In Schedule 2, paragraphs 4 to 6, 7(1) and (2) and 8(2) and (3).

National Health Service and Community Care Act 1990 (c. 19)

In section 4(2)(g), “the Dental Practice Board or”.

Section 18(7).

Sections 23 and 24.

Section 60(7)(f).

Access to Health Records Act 1990 (c. 23)

In section 7—

  • in subsection (2), the words from “(other” to “section 1(2)(a) above”

  • subsection (3).

In section 11, the definition of “general practitioner”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)In section 279(a), “28C, 29, 35”.
Health Service Commissioners Act 1993 (c. 46)

Section 2(1)(f).

In section 6(5), “29, 36”.

Health Authorities Act 1995 (c. 17)In Schedule 1, paragraphs 18 to 26.
Medical (Professional Performance) Act 1995 (c. 51)In the Schedule, paragraph 28.
Employment Rights Act 1996 (c. 18)

In section 43K(1)(c)(i), “29, 35”.

Section 218(10)(d).

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

Part 1.

Section 23(1).

Section 24(1).

Section 25(1).

Section 32.

Section 40(1) and (3).

Schedule 1.

In Schedule 2, paragraphs 6, 8 to 12, 16 to 19, 24, 25, 71 to 73, 80 and 81.

Health Act 1999 (c. 8)

Section 6(1).

Section 9(2) and (3).

In section 10(1)—

  • in the section 43A inserted into the National Health Service Act 1977, in subsection (1), “general medical services, general dental services,”;

  • in the section 43B so inserted, in subsection (6), the words from “Subject to” to “35(2) above,”.

Section 11(2).

Section 39(2) and (3).

In section 61(2), the words from “, or Part 1” to “1997,”.

In Schedule 3, paragraph 11(3).

In Schedule 4—

  • in paragraph 2, “section 29(4) of the 1977 Act and”;

  • paragraphs 17 and 88.

National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672)In Schedule 1, in the entry for the National Health Service Act 1977, paragraphs (c) and (e).
Freedom of Information Act 2000 (c. 36)

In Schedule 1, in Part 3—

  • paragraph 42;

  • in paragraph 44, “general medical services, general dental services,”;

  • paragraph 45.

Health and Social Care Act 2001 (c. 15)

Section 15.

Sections 17 and 18.

Section 20(2) to (4).

Section 22.

Section 23(2) and (3).

Section 26.

Section 27(5).

In section 41(1)—

  • in paragraph (a), “(provision of personal medical or dental services)”;

  • paragraph (b) and the preceding “or”.

In Schedule 5, paragraphs 5(4) to (7), 11(2) and (3) and 12(2).

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

Section 4(1).

Section 5(2), (3) and (6).

In section 17(1)(g), the words from “or under” to “that Act”.

In Schedule 1, paragraph 17.

In Schedule 2, paragraphs 3 to 10 and 72.

In Schedule 3, paragraphs 2 to 6, 10 and 15 to 17.

In Schedule 8, paragraph 2.

Part 5 U.K.Replacement of Welfare Food Schemes

Commencement Information

I291Sch. 14 Pt. 5 in force at 7.10.2005 by S.I. 2005/2278, art. 2(2)(b)

ReferenceExtent of repeal or revocation
Social Security Act 1988 (c. 7)Section 15A(3).

Part 6 U.K.Loans by Secretary of State to NHS trusts

ReferenceExtent of repeal or revocation
National Health Service and Community Care Act 1990 (c. 19)In Schedule 3, in paragraph 1(6), the words “, with the consent of the Treasury,”.

Part 7 U.K.Abolition of the Public Health Laboratory Service Board

Commencement Information

I292Sch. 14 Pt. 7 in force at 1.4.2005 for E.W. by S.I. 2005/457, art. 2(b)

ReferenceExtent of repeal or revocation
Parliamentary Commissioner Act 1967 (c. 13)In Schedule 3, in paragraph 8(1) the words “or by the Public Health Laboratory Service Board”.
House of Commons Disqualification Act 1975 (c. 24)In Schedule 1, in Part 3, the entry relating to the Chairman of the Public Health Laboratory Service Board.
Race Relations Act 1976 (c. 74)In Schedule 1A, in Part 2, the entry relating to the Public Health Laboratory Service Board.
National Health Service Act 1977 (c. 49)

Section 5(4) and (5).

In section 127(c) the words “(except the Public Health Laboratory Service Board)”.

Schedule 3.

Public Health Laboratory Service Act 1979 (c. 23)Sections 1(3) and (4) and 2.
Income and Corporation Taxes Act 1988 (c. 1)Section 519A(2)(h).
National Health Service and Community Care Act 1990 (c. 19)

Section 4(2)(h).

In section 21(2), paragraph (c) and the preceding “and”.

In section 60(7), paragraph (h) and the preceding “and”.

Health Service Commissioners Act 1993 (c. 46)In section 2(1), paragraph (g) and the preceding “and”.
Employment Rights Act 1996 (c. 18)In section 218(10), paragraph (e) and the preceding “and”.
Government of Wales Act 1998 (c. 38)In Schedule 5, paragraph 39.
Freedom of Information Act 2000 (c. 36)In Schedule 1, paragraph 43.
International Development Act 2002 (c. 1)In Schedule 1 the words “Public Health Laboratory Service Board”.
Nationality, Immigration and Asylum Act 2002 (c. 41)

In section 133(4)—

  • in paragraph (a), sub-paragraph (v) and the preceding “or”;

  • in paragraph (b), sub-paragraph (iii) and the preceding “or”.

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