Health and Social Care Act 2008

Section 166

SCHEDULE 15 Repeals and revocations

Part 1 Repeals and revocations relating to Part 1

Title and reference	Extent of repeal or revocation
Prison Act 1952 (c. 52)	In Schedule A1— (a) paragraph 2(2)(f), and (b) paragraph 3(2)(c).
Public Records Act 1958 (c. 51)	In Schedule 1, in Part 2 of the Table at the end of paragraph 3— (a) the entry for the Commission for Healthcare Audit and Inspection, and (b) the entry for the Commission for Social Care Inspection.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)	In paragraph 1 of the Schedule, paragraphs (bg) and (bh).
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2— (a) the entry for the Commission for Healthcare Audit and Inspection, and (b) the entry for the Commission for Social Care Inspection.
House of Commons Disqualification Act 1975 (c. 24)	In Part 2 of Schedule 1— (a) the entry for the Commission for Healthcare Audit and Inspection, and (b) the entry for the Commission for Social Care Inspection.
	In Part 3 of Schedule 1, the entry for members of the Mental Health Act Commission in receipt of remuneration.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	In Part 2 of Schedule 1— (a) the entry for the Commission for Healthcare Audit and Inspection, and (b) the entry for the Commission for Social Care Inspection.
Race Relations Act 1976 (c. 74)	In Parts 2 and 4 of Schedule 1A— (a) the entry for the Commission for Healthcare Audit and Inspection, and (b) the entry for the Commission for Social Care Inspection.
Mental Health Act 1983 (c. 20)	In section 119(2), the words “by the Secretary of State”.
	Section 121.
Mental Health Act Commission (Establishment and Constitution) Order 1983 (S.I. 1983/892)	The whole instrument.
Mental Health Act Commission Regulations 1983 (S.I. 1983/894)	The whole instrument.
Vehicle Excise and Registration Act 1994 (c. 22)	In paragraph 7 of Schedule 2, paragraph (c) (together with the word “or” at the end of it).
Police Act 1996 (c. 16)	In Schedule 4A— (a) paragraph 2(2)(f), and (b) paragraph 4(f).
Audit Commission Act 1998 (c. 18)	In section 4(7)— (a) in paragraph (a), the words “the Commission for Healthcare Audit and Inspection and”, and (b) in paragraph (b), the words “the Commission for Social Care Inspection and”.
	In section 49(1)— (a) paragraph (ba), and (b) in paragraph (c), the words from “or for the purposes of the functions of the Commission” to the end.
In Schedule 2A, paragraph 1(1)(g) (together with the word “or” at the end of it).
Crown Prosecution Service Inspectorate Act 2000 (c. 10)	In the Schedule— (a) paragraph 2(2)(f), and (b) paragraph 4(f).
Care Standards Act 2000 (c. 14)	Sections 5A and 5B.
	In section 8(7), the words from “, other than” to the end.
	Section 10(6).
	In section 11— (a) subsection (2), and (b) in subsection (4), the words “the CHAI, the CSCI or”.
	In section 19(4)(b), the word “and” at the end.
	In section 21(5)(b), the word “or” at the end.
	In section 30A(2)(b), the word “or” at the end.
	Section 42(5).
	In section 55(3)(e), the words “the CSCI,”.
	Section 113(1A).
	Section 113A.
	Section 120(1).
	In the Table in section 121(13), the entries for the expressions “CHAI” and “CSCI”.
Freedom of Information Act 2000 (c. 36)	In Part 6 of Schedule 1— (a) the entry for the Commission for Healthcare Audit and Inspection, and (b) the entry for the Commission for Social Care Inspection.
Criminal Justice and Court Services Act 2000 (c. 43)	In Schedule 1A— (a) paragraph 2(2)(f), (b) paragraph 3(2)(c), and (c) paragraph 4(f).
Courts Act 2003 (c. 39)	In Schedule 3A— (a) paragraph 2(2)(f), and (b) paragraph 4(f).
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)	Sections 41 to 44.
	Section 46.
	Sections 47A to 69A.
	Sections 76 to 91.
	Sections 102 to 104.
	Section 113(3)(b).
	Section 114(2)(b).
	Sections 120 to 141.
	Sections 144 to 145A.
	In section 148, the definitions of “the CHAI”, “the CSCI”, “financial year” and “Minister of the Crown”.
	Schedules 6 to 8.
Health Act 2006 (c. 28)	In section 61, the words “the Commission for Healthcare Audit and Inspection or”.
	In Schedule 5— (a) the entry for the Commission for Healthcare Audit and Inspection, and (b) the entry for the Commission for Social Care Inspection.
Education and Inspections Act 2006 (c. 40)	In Schedule 13, paragraph 1(2)(f).
National Health Service (Wales) Act 2006 (c. 42)	In section 30(2), paragraph (d) (together with the word “and” at the end of that paragraph).
Safeguarding Vulnerable Groups Act 2006 (c. 47)	Section 45(7)(d).
	In Schedule 4— (a) paragraph 1(10)(f), (b) paragraph 1(11)(a), and (c) paragraph 7(6)(a) and (b).

Part 2 Regulation of healthcare professions

Title and reference	Extent of repeal or revocation
Hearing Aid Council Act 1968 (c. 50)	The whole Act.
Hearing Aid Council (Extension) Act 1975 (c. 39)	The whole Act.
Supreme Court Act 1981 (c. 54)	In Schedule 5, the entry for the Hearing Aid Council Act 1968.
Medical Act 1983 (c. 54)	In section 1(3), paragraphs (b) and (f).
	Section 38(3)(a)(ii).
	In section 41— (a) in subsection (7), the words “in accordance with regulations made by the General Council under this subsection,”, and (b) subsection (8).
	In section 41A(4), the words from “; and for the purposes” to the end.
	Section 53(2)(c).
	In Part 3 of Schedule 1— (a) paragraphs 19A and 19E and the headings before those paragraphs, and (b) paragraph 23(b).
	In Schedule 4— (a) in the heading before paragraph 1, the words “, Interim Orders Panels and Fitness to Practise Panels”, (b) in paragraph 1(1), the words “, Interim Orders Panels and Fitness to Practise Panels”, (c) in paragraph 1(1)(a), the words “, an Interim Orders Panel or a Fitness to Practise Panel”, (d) in paragraph 1(1)(b), the words “or such a Panel”, (e) paragraph 1(3) and (4), (f) in paragraph 2(1), paragraphs (b) and (c) and the words “or Panel”, (g) in paragraph 2(2), the words “, an Interim Orders Panel or a Fitness to Practise Panel”, (h) in paragraph 2(3), the words “, an Interim Orders Panel or a Fitness to Practise Panel” and the words “or Panel” (in both places), (i) in paragraph 3(a), the words “, an Interim Orders Panel or a Fitness to Practise Panel” and the words “, a Panel”, (j) in paragraph 3(b), the words “to a Fitness to Practise Panel or” and the words “the Panel or”, (k) paragraph 5A(1)(a)(ii), (3) and (3A), (l) paragraph 7(1)(b) and (c), (m) in paragraph 7(4), the words “, an Interim Orders Panel or a Fitness to Practise Panel”, (n) in paragraph 7(4)(a), the words “or a Panel”, (o) in paragraph 7(4)(a)(ii) and (b), the words “or the Panel”, and (p) in paragraph 13, the words “, an Interim Orders Panel or Fitness to Practise Panel”.
Hearing Aid Council (Amendment) Act 1989 (c. 12)	The whole Act.
Opticians Act 1989 (c. 44)	Section 5C.
	In section 5D(1), the words “the Fitness to Practise Committee and”.
	In section 13L(11), the words “and rules made under section 23C below”.
	In section 23B— (a) in the heading, the words “Fitness to Practise Committee and”, and (b) subsection (1)(a) and the word “or” following it.
	In section 23C— (a) subsection (1)(a)(i) and the word “and” following it, and (b) subsection (2)(e) and (f).
	Section 23D(2)(a) and the word “and” following it.
	In section 23E(3) and (4), the words “the Fitness to Practise Committee and”.
Courts and Legal Services Act 1990 (c. 41)	In Schedule 10, paragraph 29.
Value Added Tax Act 1994 (c. 23)	In Part 2 of Schedule 9, in Item 1 of Group 7, paragraph (e).
Health Act 1999 (c. 8)	In section 60(2)(a), the words “the Pharmacy Act 1954,”.
	In Schedule 3— (a) paragraph 7(2) and (3), (b) in paragraph 10, the words from “and other expressions” to the end, and (c) paragraph 12.
Freedom of Information Act 2000 (c. 36)	In Part 6 of Schedule 1, the entry for the Hearing Aid Council.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)	In section 25(6), the words “and (3)”.
	Section 26(7) and (8).
	In section 29(1)— (a) paragraph (c), (b) in paragraph (e), the words from “(other than a determination” to the end, and (c) paragraph (f).
	In Schedule 7, paragraphs 20 to 24.
Income Tax (Earnings and Pensions) Act 2003 (c. 1)	In section 343, in paragraph 1 of the Table at the end of subsection (2), sub-paragraph (g).
Constitutional Reform Act 2005 (c. 4)	In Schedule 7, in paragraph 4, in part A, the entry for the Hearing Aid Council Act 1968 (c. 50).
	In Part 3 of Schedule 11, in paragraph 6(3), the entry for the Hearing Aid Council (Extension) Act 1975 (c. 39).
Health Act 2006 (c. 28)	In Schedule 5, the entry relating to the Council for the Regulation of Health Care Professionals.

Part 3 Public health protection

Reference	Extent of repeal or revocation
Local Government, Planning and Land Act 1980 (c. 65)	In section 159(1), paragraph (e) and the word “and” immediately preceding it.
Public Health (Control of Disease) Act 1984 (c. 22)	Section 1(2) and (4).
	In section 5(3), the words “or rating districts”.
	Section 7(4)(c) and (d).
	Sections 9 to 45.
	In section 49(1), paragraph (c) and the word “and” immediately preceding it.
	In section 50(2)— (a) paragraph (b) and the word “or” immediately preceding it, and (b) the words “or any person on board suffering from an infectious disease”.
	In section 51— (a) subsection (1), and (b) in subsection (2), the words “the provisions of this Part of this Act and”.
	Section 52.
	Sections 54 to 57.
	In section 61(2), the words “, other than a factory or workplace,”.
	Section 62(3).
	Section 64(2).
	Section 67(3).
	Section 70.
	In section 74, the definitions of “coastal waters”, “common lodging-house”, “dustbin”, “factory”, “hospital”, “house”, “inland waters”, “local Act”, “NHS trust”, “NHS contract”, “notifiable disease”, “rating district”, “school” and “street”.
	Section 76.
Planning and Compensation Act 1991 (c. 34)	In Part 1 of Schedule 18, the entry for section 57 of the Public Health (Control of Disease) Act 1984.

Part 4 National Health Service

Title and reference	Extent of repeal
National Health Service Act 2006 (c. 41)	In section 71(2)(f), the word “and” at the end.
	In section 164(5), paragraph (b) and the word “and” immediately preceding it.
	Section 228(2) and (12).
	In section 229(1), the words “(not including its pharmaceutical services expenditure)”.
	Section 230(2) and (3).
	In Schedule 14— (a) paragraphs 1 and 2, and (b) in paragraph 4(1), the definition of “pharmaceutical services” and, in the definition of “remuneration referable to the cost of drugs”, the words “except in paragraph 1(2)(b) and”.
National Health Service (Wales) Act 2006 (c. 42)	In section 88(5), paragraph (b) and the word “and” immediately preceding it.
	In section 174(1)(a), (2)(a) and (b) and (12), the words “and pharmaceutical”.
	In section 175(1), the words “and pharmaceutical”.
	In section 176(2) and (3)(b), the words “and pharmaceutical”.
	In Schedule 8— (a) in paragraph 1(1) (and in the heading immediately preceding paragraph 1) the words “and pharmaceutical”, (b) paragraph 1(2)(b) and (c), (c) in paragraph 4(1), the definition of “pharmaceutical services” and, in the definition of “remuneration referable to the cost of drugs”, the words “except in paragraph 1(2)(b) and”.

Part 5 Abolition of maintenance liability of relatives

Title and reference	Extent of repeal
The repeals in this Part of this Schedule have effect subject to, and in accordance with, Schedule 13.
National Assistance Act 1948 (c. 29)	Section 42.
	Section 43.
	In section 47(9), the words “or from any person who for the purposes of this Act is liable to maintain that person”.
	In section 48(3), the words “, or from any person who for the purposes of this Act is liable to maintain him,”.
	In section 51— (a) in subsection (1), the words “or any person whom he is liable to maintain for the purposes of this Act”, (b) in subsection (2), the words “or any other person”, and (c) in subsection (3), in paragraph (a), the words “where the accommodation provided for him,” and paragraph (b).
	In section 56(1), the words “(other than a sum due under an order made under section 43 of this Act)”.
	In Schedule 6, in paragraph 19— (a) in sub-paragraph (1), the words “whom he is not liable to maintain for the purposes of this Act”, and (b) sub-paragraph (2).
Maintenance Orders Act 1950 (c. 37)	In section 4— (a) subsection (1)(b), and (b) in subsection (2), the words “the said section forty-three or”.
	In section 9— (a) subsection (1)(b), and (b) in subsection (2), the words “or the said section forty-three”.
	In section 16(2)— (a) in paragraph (a)(v), the words “, or section forty-three of the National Assistance Act 1948”, and (b) paragraph (b)(v).
Administration of Justice Act 1970 (c. 31)	In Schedule 8, paragraph 7.
Attachment of Earnings Act 1971 (c. 32)	In Schedule 1, paragraph 8.
Supplementary Benefits Act 1976 (c. 71)	In Schedule 7, paragraph 4.
Magistrates' Courts Act 1980 (c. 43)	In section 65(1), paragraph (b).
Civil Jurisdiction and Judgments Act 1982 (c. 27)	In Schedule 5, in paragraph 5(c), the words “section 43 of the National Assistance Act 1948,”.
Public Health (Control of Disease) Act 1984 (c. 22)	In section 46(5), the words from “or from any person” to “death”.
Social Security Act 1986 (c. 50)	In Schedule 10, paragraph 41(2)(c).
Family Law Reform Act 1987 (c. 42)	In section 2(1), paragraph (a).
	In Schedule 2— (a) in paragraph 5, the words “section 42 of” and the words after “1948”, and (b) paragraphs 6 and 8.
Health and Social Care Act 2001 (c. 15)	In section 54(1), in paragraph (b), the words “(including persons liable to maintain residents by virtue of section 42 of the 1948 Act)”.
Courts Act 2003 (c. 39)	In Schedule 8, paragraph 80.
Criminal Justice Act 2003 (c. 44)	In Schedule 26, in paragraph 12(2), the words “and (b)”.

Part 6 Establishment of National Information Governance Board

Title and reference	Extent of repeal
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2, the entry relating to the Patient Information Advisory Group.
House of Commons Disqualification Act 1975 (c. 24)	In Schedule 1, in Part 2, the entry relating to the Patient Information Advisory Group.
Freedom of Information Act 2000 (c. 36)	In Schedule 1, in Part 6, the entry relating to the Patient Information Advisory Group.
Health and Social Care Act 2001 (c. 15)	Part 3 of Schedule 5.

Part 7 Abolition of National Biological Standards Board

Title and reference	Extent of repeal
Parliamentary Commissioner Act 1967	In Schedule 2, the entry for the National Biological Standards Board (UK).
Biological Standards Act 1975 (c. 4)	The whole Act.
Race Relations Act 1976 (c. 74)	In Part 2 of Schedule 1A, the entry for the National Biological Standards Board.
Freedom of Information Act 2000	In Part 6 of Schedule 1, the entry for the National Biological Standards Board (UK).
Income Tax (Trading and Other Income) Act 2005 (c. 5)	In Part 2 of Schedule 1, paragraphs 389 and 390.
Health Act 2006 (c. 28)	In Schedule 5, the entry for the National Biological Standards Board.