http://www.legislation.gov.uk/id/ukpga/2003/43

SCHEDULES

F1SCHEDULE 1Constitution of public benefit corporations

Section 1

F1Requirement for a constitution

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F1Eligibility for membership

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F1Constituencies

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F1Becoming a member

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F1Board of Governors

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F1Directors

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F1Initial directors of former NHS trusts

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F1Register of members etc.

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F1Auditor

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F1Accounts

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F1Annual reports and forward plans

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F1Meeting of board of governors to consider annual accounts and reports

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F1Instruments etc.

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SCHEDULE 2Independent Regulator of NHS Foundation Trusts

Section 2

Membership

F21

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Tenure of office

F22

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Remuneration and pensions

F23

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Staff

F24

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Superannuation

5 F2(1)

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F2(2)

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(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)

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Procedure

F46

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Delegation of functions

F57

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General powers

F68

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Specific powers

F79

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Finance

F810

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Reports and other information

F911

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F1012

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F1113

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Seal and evidence

F1214

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F1315

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General

F1416

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Amendments

17

In 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. ”

18

In 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. ”

19

In 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. ”

F15SCHEDULE 3Transfer of staff

Section 25

F151

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F152

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F153

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F154

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F155

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F156

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SCHEDULE 4Amendments relating to NHS foundation trusts

Section 34

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

1

The Voluntary Hospitals (Paying Patients) Act 1936 is amended as follows.

2

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

The National Assistance Act 1948 (c. 29)

3

The National Assistance Act 1948 is amended as follows.

4

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

The Public Records Act 1958 (c. 51)

5

The Public Records Act 1958 is amended as follows.

6

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

The Human Tissue Act 1961 (c. 54)

7

The Human Tissue Act 1961 is amended as follows.

8

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

The Abortion Act 1967 (c. 87)

9

The Abortion Act 1967 is amended as follows.

10

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

The Leasehold Reform Act 1967 (c. 88)

11

The Leasehold Reform Act 1967 is amended as follows.

12

In section 28 (retention or assumption of land required for public purposes)—

(a)

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

(b)

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

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

13

The Health Services and Public Health Act 1968 is amended as follows.

14

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

“(d)
NHS foundation trusts”.

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

15

The Employers' Liability (Compulsory Insurance) Act 1969 is amended as follows.

16

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

The Local Government Act 1972 (c. 70)

17

The Local Government Act 1972 is amended as follows.

18

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

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

19

The House of Commons Disqualification Act 1975 is amended as follows.

20

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

The Race Relations Act 1976 (c. 74)

21

The Race Relations Act 1976 is amended as follows.

22

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

“8A
An NHS foundation trust.”

The National Health Service Act 1977 (c. 49)

F1623

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F1624

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F1625

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F1626

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F1627

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F1628

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F1629

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F1630

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F1631

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F1632

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F1733

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F1834

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F1835

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F1836

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F1837

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F1838

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F1839

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F1840

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F1841

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F1842

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F1843

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F1844

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F1845

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The Acquisition of Land Act 1981 (c. 67)

46 (1)

An NHS foundation trust may be authorised to purchase land compulsorily for the purposes of its functions by means of an order—

(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.

47

The Acquisition of Land Act 1981 is amended as follows.

48

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

“(ba)
an NHS foundation trust;”.

49

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

“(aab)
an NHS foundation trust,”.

The Mental Health Act 1983 (c. 20)

50

The Mental Health Act 1983 is amended as follows.

F1951

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52

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

53

In section 23 (discharge of patients)—

(a)

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

(b)

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

(c)

after subsection (5), there is inserted—

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

54

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

55

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

56

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

57

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

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

The National Audit Act 1983 (c. 44)

58

The National Audit Act 1983 is amended as follows.

59

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

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

60

The Public Health (Control of Disease) Act 1984 is amended as follows.

61

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

62

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

63

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

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

64

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

65

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

66

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

(a)

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

(b)

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

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

The Company Directors Disqualification Act 1986 (c. 46)

67

The Company Directors Disqualification Act 1986 is amended as follows.

68

After 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.”

The AIDS (Control) Act 1987 (c. 33)

69

The AIDS (Control) Act 1987 is amended as follows.

70

In section 1 (periodical reports on matters relating to AIDS and HIV)—

(a)

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

“(iva)
each NHS foundation trust;”,

(b)

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

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

71

The Copyright, Designs and Patents Act 1988 is amended as follows.

72

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

The Road Traffic Act 1988 (c. 52)

73

The Road Traffic Act 1988 is amended as follows.

74

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

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

The Children Act 1989 (c. 41)

75

The Children Act 1989 is amended as follows.

76

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

77

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

78

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

79

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

80

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

(a)

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

(b)

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

81

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

82

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

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

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

F2083

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F2084

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F2085

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

86

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

(a)

the trust were a statutory undertaker, and

(b)

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

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

87

The Access to Health Records Act 1990 is amended as follows.

88

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

“(e)
an NHS foundation trust;”.

The Water Industry Act 1991 (c. 56)

89

The Water Industry Act 1991 is amended as follows.

90

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

The London Local Authorities Act 1991 (c. xiii)

91

The London Local Authorities Act 1991 is amended as follows.

92

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

The Health Service Commissioners Act 1993 (c. 46)

93

The Health Service Commissioners Act 1993 is amended as follows.

94

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

“(db)
NHS foundation trusts,”.

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

95

The Vehicle Excise and Registration Act 1994 is amended as follows.

96

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

“(ba)
an NHS foundation trust, or”.

The Value Added Tax Act 1994 (c. 23)

97

The Value Added Tax Act 1994 is amended as follows.

98

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

“(eaa)
an NHS foundation trust;”.

The Employment Rights Act 1996 (c. 18)

99

The Employment Rights Act 1996 is amended as follows.

100

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

“(ab)
an NHS foundation trust,”.

101

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

“(ca)
NHS foundation trusts,”.

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

102

The Housing Grants, Construction and Regeneration Act 1996 is amended as follows.

103

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

The Education Act 1996 (c. 56)

104

The Education Act 1996 is amended as follows.

105

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

The Data Protection Act 1998 (c. 29)

106

The Data Protection Act 1998 is amended as follows.

107

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

“(fa)
an NHS foundation trust;”.

The Health Act 1999 (c. 8)

F21108

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F22109

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The Care Standards Act 2000 (c. 14)

110

The Care Standards Act 2000 is amended as follows.

111

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

112

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

The Freedom of Information Act 2000 (c. 36)

113

The Freedom of Information Act 2000 is amended as follows.

114

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

“40A
An NHS foundation trust.”

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

119

The Anti-terrorism, Crime and Security Act 2001 is amended as follows.

120

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

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

The International Development Act 2002 (c. 1)

121

The International Development Act 2002 is amended as follows.

122

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

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

F24123

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F25124

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The Adoption and Children Act 2002 (c. 38)

125

The Adoption and Children Act 2002 is amended as follows.

126

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

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

127

The Nationality, Immigration and Asylum Act 2002 is amended as follows.

128

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

“(iia)
an NHS foundation trust,”.

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

129

The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.

130

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

“(ab)
an NHS foundation trust;”.

F26SCHEDULE 5Audit of accounts of NHS foundation trusts

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SCHEDULE 6CHAI: supplementary

Section 41(2)

Status

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.

(2)

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

General powers and duties

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.

(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.

Chairman and other members

3 (1)

The CHAI is to consist of—

(a)

a person appointed as chairman by the F27Secretary of State,

(b)

a member appointed by the F28Assembly who appears to the Assembly to be suited to make the interests of Wales his special care, and

(c)

other members appointed by the F29Secretary of State.

F30(2)

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F31(3)

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(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.

F32(9)

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

F33(10)

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

(11)

The F34Secretary of State must consult the Assembly before exercising the function of appointment under sub-paragraph (1)(a) or (c); and the F35Assembly 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).

F36(14)

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

F37(15)

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

Remuneration of chairman and other members

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.

(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.

Employees

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.

(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.

Procedure

6 (1)

The CHAI may—

(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.

Discharge of functions

7 (1)

The CHAI may arrange for—

(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.

Assistance

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.

(2)

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

Payments and loans

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.

(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.

Accounts

10 (1)

The CHAI must keep its accounts in such form as the Secretary of State may determine.

(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.

Seal and evidence

11

The 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.

12

A 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.

SCHEDULE 7CSCI: supplementary

Section 42(2)

Status

1 (1)

The CSCI’s property is not to be regarded as property of, or property held on behalf of, the Crown.

(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.

General powers and duties

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.

(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.

Chairman and other members

3 (1)

The CSCI is to consist of a chairman and other members appointed by the F38Secretary of State.

F39(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)

(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.

F40(6)

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

F40(7)

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

F40(8)

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

Remuneration of chairman and other members

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.

(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.

Employees

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.

F41(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.

Procedure

6 (1)

The CSCI may—

(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.

Discharge of functions

7 (1)

The CSCI may arrange for—

(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.

Assistance

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.

(2)

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

Payments and loans

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.

(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.

Accounts

10 (1)

The CSCI must keep its accounts in such form as the Secretary of State may determine.

(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.

Seal and evidence

11

The 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.

12

A 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.

SCHEDULE 8CHAI and CSCI: transfers of property and staff, etc

Section 43

Transfer schemes

1 (1)

The Secretary of State may make one or more schemes for—

(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.

Transfer

2

The 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.

Employment

3

The 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.

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.

(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.

5

For 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.

Transitional

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.

(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.

SCHEDULE 9Part 2: minor and consequential amendments

Section 147

Public Records Act 1958 (c. 52)

1

In 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 ”.

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

2

In 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;”.

Parliamentary Commissioner Act 1967 (c. 13)

3

In 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. ”

Superannuation Act 1972 (c. 11)

5

In 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. ”.

6

The 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.

House of Commons Disqualification Act 1975 (c. 24)

7

In 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. ”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

8

In 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. ”.

National Health Service Act 1977 (c. 49)

F429

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

Children Act 1989 (c. 41)

F4310

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

Health Service Commissioners Act 1993 (c. 46)

11 (1)

The Health Service Commissioners Act 1993 has effect subject to the following amendments.

(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) ”.

Audit Commission Act 1998 (c. 18)

12 (1)

The Audit Commission Act 1998 has effect subject to the following amendments.

(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;”.

F44(8)

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

F45(9)

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

(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 ”.

Government of Wales Act 1998 (c. 38)

13

In Schedule 5 to the Government of Wales Act 1998, for paragraph 12A substitute—

“12A
The Commission for Healthcare Audit and Inspection.”

Protection of Children Act 1999 (c. 14)

14

In 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;”.

Local Government Act 1999 (c. 27)

15

In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g) substitute—

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

Care Standards Act 2000 (c. 14)

16

The Care Standards Act 2000 has effect subject to the following amendments.

17

In 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;”.

18 (1)

Section 8 is amended as follows.

F46(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).”

19

In 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 ”.

20

In section 11(4), for “the Commission” substitute “ the CHAI or the CSCI ”.

21

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

22

In 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 ”.

23

In section 31—

(a)

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

(b)

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

24

In section 36A for “the Commission”, in all places, substitute “ the CSCI ”.

25

In 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.”

F4726

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

27

In 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 ”.

28

In 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 ”.

29

In 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.”

30

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

Freedom of Information Act 2000 (c. 36)

31

In 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. ”.

Adoption and Children Act 2002 (c. 38)

F4832

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

SCHEDULE 10Recovery of NHS charges: exempted payments

Section 150

1

Any 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).

2

Any 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.

3

Any payment made out of property held for the purposes of a prescribed trust.

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.

(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.

5

Any 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.

6

Any 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.

7

Any 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).

8

Any payment of a prescribed description, either generally or in such circumstances as may be prescribed.

SCHEDULE 11Part 4: minor and consequential amendments

Section 184

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

1 (1)

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

(2)

This paragraph extends to England and Wales only.

Health Services and Public Health Act 1968 (c. 46)

2

The Health Services and Public Health Act 1968 has effect subject to the following amendments.

3 (1)

Section 59 is amended as follows.

(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.”

4

In 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”.

5

In 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 ”.

Patents Act 1977 (c. 37)

6 (1)

Section 56(4)(a) of the Patents Act 1977 is amended as follows.

(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,”.

National Health Service Act 1977 (c. 49)

F497

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

F498

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

F499

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

F4910

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

F5011

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

F5112

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

F5113

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

F5114

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

F5115

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

F5116

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

F5217

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

F5318

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

F5319

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

F5320

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

F5321

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

F5322

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

F5323

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

F5324

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

F5325

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

F5326

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

F5327

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

F5328

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

F5329

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

F5330

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

F5331

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

F5332

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

33 (1)

Section 98 is amended as follows.

(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).

F5434

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

F5535

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

F5536

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

F5537

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

F5638

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

F5739

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

F5740

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

F5741

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

F5742

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

F5743

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

F5744

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

F5745

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

National Health Service (Scotland) Act 1978 (c. 29)

46 (1)

Section 17D of the National Health Service (Scotland) Act 1978 is amended as follows.

(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 ”.

Medical Act 1983 (c. 54)

47

The Medical Act 1983 is amended as follows.

48

In 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,”.

49

In 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 ”.

Dentists Act 1984 (c. 24)

50

In 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”.

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

51

In 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 ”.

52

(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).

Health and Medicines Act 1988 (c. 49)

53

The Health and Medicines Act 1988 has effect subject to the following amendments.

54

In 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”.

55

In section 17(1)—

(a)

omit “29, 36”;

(b)

for “39 or 42” substitute “ 38, 39, 41 or 42 ”.

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

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).

(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.”

Access to Health Records Act 1990 (c. 23)

57 (1)

The Access to Health Records Act 1990 is amended as follows.

(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.

Water Industry Act 1991 (c. 56)

58

In Schedule 4A to the Water Industry Act 1991, for paragraph 7 substitute—

“7
Premises 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.”

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

59 (1)

Section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

(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.”

Health Service Commissioners Act 1993 (c. 46)

60

The Health Service Commissioners Act 1993 has effect subject to the following amendments.

61

In section 2—

(a)

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

F58(b)

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

62 (1)

Section 2A is amended as follows.

(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 ”.

F59(3)

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

63

In section 6(5)—

(a)

omit “29, 36”;

(b)

for “39 or 42” substitute “ 38, 39, 41 or 42 ”.

64

In section 18(1), after “partly” insert “ or wholly ”.

Employment Rights Act 1996 (c. 18)

65 (1)

Section 43K of the Employment Rights Act 1996 is amended as follows.

(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,”.

Education Act 1996 (c. 56)

66

In section 520(1) of the Education Act 1996, for “(1A)” substitute “ 16CB ”.

Health Act 1999 (c. 8)

67

In 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 ”.

Freedom of Information Act 2000 (c. 36)

68

In Schedule 1 to the Freedom of Information Act 2000, in Part 3, before paragraph 44 insert—

“43A
Any 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.”

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

74 (1)

Section 17 of the National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

(2)

In subsection (1)—

(a)

after paragraph (f) insert—

F61“(fb)
persons providing primary medical services, primary dental services or primary ophthalmic services under Part 1 of the 1977 Act,”; and

(b)

in paragraph (g), omit the words from “or under” to “that Act”.

(3)

In subsection (2), for “(1)(g)” substitute “ (1)(fa), (g) ”.

SCHEDULE 12Privy Council appointments

Section 187

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

F621

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

Medical Act 1983 (c. 54)

2 (1)

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

(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 ”.

F63(3)

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

Dentists Act 1984 (c. 24)

3 (1)

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

F64(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.”

F65(4)

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

Opticians Act 1989 (c. 44)

F664

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

Osteopaths Act 1993 (c. 21)

F665

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

Chiropractors Act 1994 (c. 17)

F666

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

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

F667

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

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

F668

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

SCHEDULE 13Amendments consequential on the abolition of the Public Health Laboratory Service Board

Section 190

Parliamentary Commissioner Act 1967 (c. 13)

1

In 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.

House of Commons Disqualification Act 1975 (c. 24)

2

In 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.

Race Relations Act 1976 (c. 74)

3

In 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.

National Health Service Act 1977 (c. 49)

F674

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

Income and Corporation Taxes Act 1988 (c. 1)

5

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

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

6

In the National Health Service and Community Care Act 1990—

F68(a)

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

F68(b)

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

(c)

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

Health Service Commissioners Act 1993 (c. 46)

7

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

Employment Rights Act 1996 (c. 18)

8

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

Government of Wales Act 1998 (c. 38)

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.

(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.

Freedom of Information Act 2000 (c. 36)

10

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

International Development Act 2002 (c. 1)

11

In 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.

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

12

In 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.

SCHEDULE 14Repeals and revocations

Section 196

Part 1NHS foundation trusts

Reference	Extent 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 2Standards

Reference	Extent 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 2003	In Schedule 9, paragraph 27.

Part 3Recovery of NHS charges

Reference	Extent 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 4Dental and medical services

Reference	Extent 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.
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.

Part 5Replacement of Welfare Food Schemes

Reference	Extent of repeal or revocation
Social Security Act 1988 (c. 7)	Section 15A(3).

Part 6Loans by Secretary of State to NHS trusts

Reference	Extent 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 7Abolition of the Public Health Laboratory Service Board

Reference	Extent 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”.

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