The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018

Article 15

SCHEDULE CONSEQUENTIAL AMENDMENTS

PART 1 Amendments to primary legislation

Transport Act 1962 (c. 46)

1.  In section 86(6A) of the Transport Act 1962(1), for “Communities and Local Government” substitute “Housing, Communities and Local Government”.

Parliamentary Commissioner Act 1967 (c. 13)

2.  In Schedule 2 to the Parliamentary Commissioner Act 1967(2)—

(a) omit “Department for Communities and Local Government.”,

(b) in the entry for the Department of Health after “Health” insert “and Social Care”, and

(c) at the appropriate place insert “Ministry of Housing, Communities and Local Government”.

Abortion Act 1967 (c. 87)

3.  In section 2(2) of the Abortion Act 1967(3), after “Health” insert “and Social Care”.

Food Act 1984 (c. 30)

4.  In section 135(2)(a)(ii) of the Food Act 1984(4), after “Health” insert “and Social Care”.

Town and Country Planning Act 1990 (c. 8)

5.—(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 228(5), in subsections (1) and (7) and in the heading for “Communities and Local Government” substitute “Housing, Communities and Local Government”.

(3) In the following provisions, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—

(a) section 245(1)(b)(6);

(b) section 265(1)(d)(7).

(4) In paragraph 8(2) of Schedule 6(8), for “the Department for Communities and Local Government” substitute “the Ministry of Housing, Communities and Local Government”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

6.  In paragraph 7(2) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990(9), for “the Department for Communities and Local Government” substitute “the Ministry of Housing, Communities and Local Government”.

Planning (Hazardous Substances) Act 1990 (c. 10)

7.  In paragraph 7(2) of the Schedule to the Planning (Hazardous Substances) Act 1990(10), for “the Department for Communities and Local Government” substitute “the Ministry of Housing, Communities and Local Government”.

Transport and Works Act 1992 (c. 42)

8.  In section 23(10) of the Transport and Works Act 1992(11), for “the Department for Communities and Local Government” in both places substitute “the Ministry of Housing, Communities and Local Government”.

Regulation of Investigatory Powers Act 2000 (c. 23)

9.  In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000(12)—

(a) for paragraph 9A substitute—

“9A.   The Ministry of Housing, Communities and Local Government.”, and

(b) in paragraph 12 after “Health” insert “and Social Care”.

Commonhold and Leasehold Reform Act 2002 (c. 15)

10.  In the following provisions of the Commonhold and Leasehold Reform Act 2002, for “Lord Chancellor” in each place substitute “Secretary of State”—

(a) section 42(2) (power to approve ombudsmen schemes);

(b) section 62(1) and (2) (power to give financial assistance in relation to advice etc)(13);

(c) section 64(2) (making of regulations under Part 1 of the Act).

Enterprise Act 2002 (c. 40)

11.  In section 213(5A)(d) of the Enterprise Act 2002(14), after “Health” insert “and Social Care”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

12.  In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within Commissioner’s remit)—

(a) omit paragraph 1ZA(15),

(b) in paragraph 3 after “Health” insert “and Social Care”, and

(c) after paragraph 8A insert—

“8B.   The Ministry of Housing, Communities and Local Government.”

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

13.  In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007—

(a) omit “Department for Communities and Local Government”,

(b) at the end of the entry for the Department of Health insert “and Social Care”, and

(c) at the appropriate place insert “Ministry of Housing, Communities and Local Government”.

Crossrail Act 2008 (c. 18)

14.  In the following provisions of the Crossrail Act 2008, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—

(a) section 12(6) (in the definition of “appropriate Ministers”);

(b) section 54(5);

(c) paragraph 2(8) of Schedule 5 (in the definition of “appropriate Ministers”);

(d) paragraph 37(2) of Schedule 7.

Coroners and Justice Act 2009 (c. 25)

15.  In the following provisions of the Coroners and Justice Act 2009, after “Health” insert “and Social Care”—

(a) section 18(2)(a);

(b) section 20(1)(n).

Care Act 2014 (c. 23)

16.  In section 111(1)(d) of the Care Act 2014, after “Health” insert “and Social Care”.

Investigatory Powers Act 2016 (c. 25)

17.  In Schedule 4 to the Investigatory Powers Act 2016, in column (1) of the table in Part 1, in the entry for the Department of Health after “Health” insert “and Social Care”.

High Speed Rail (London – West Midlands) Act 2017 (c. 7)

18.  In the following provisions of the High Speed Rail (London – West Midlands) Act 2017, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—

(a) section 64(5);

(b) paragraph 5(9) of Schedule 16 (in the definition of “appropriate Ministers”);

(c) paragraph 30 of Schedule 17 (in the definition of “appropriate Ministers”).

Digital Economy Act 2017 (c. 30)

19.  In the following provisions of the Digital Economy Act 2017, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—

(a) paragraph 8 of Schedule 4;

(b) paragraph 3 of Schedule 5;

(c) paragraph 2 of Schedule 6;

(d) paragraph 9 of Schedule 8.

PART 2 Amendments to secondary legislation

20.  In each of the following provisions, after “of Health” in each place insert “and Social Care”—

(a) regulations 4(2)(a) and 5(a)(i) of the Abortion Regulations 1991(16);

(b) column 2 of Schedule 6 to the Welfare Food Regulations 1996(17);

(c) column (2) of the Schedule to the Building Societies (Business Names) Regulations 1998(18), in relation to the entries for “abortion”, “Health Centre” and “Health Service”, and “Pregnancy Termination”;

(d) regulations 7(6)(ab), 8(7)(aa), 9(12)(ab) and 13(3)(a)(i) and (ii) of the Radiation (Emergency Preparedness and Public Information) Regulations 2001(19);

(e) article 2 of, and paragraph 1 of Schedule 1 to, the Medicines and Healthcare Products Regulatory Agency Trading Fund Order 2003(20);

(f) column 2 of the table in Schedule 2 to the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) Regulations 2004(21);

(g) the Schedule to the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004(22);

(h) regulations 18(1)(a)(iii) and 22(3)(d) of the Justification of Practices Involving Ionising Radiation Regulations 2004(23);

(i) Part 1 of the Schedule to the Damages (Government and Health Service Bodies) Order 2005(24);

(j) article 3(c)(i) of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005(25);

(k) paragraph (a) of the definition of “health authority” in regulation 2 of the Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009(26);

(l) column (1) of the table in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(27);

(m) regulation 20(9) of the Care Quality Commission (Registration) Regulations 2009(28);

(n) column (1) of the table in Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010(29);

(o) column (1) of the table in Part 2 of Schedule 2 to the Regulation of Investigatory Powers (Communications Data) Order 2010(30);

(p) column (1) of the table in Part 1 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010(31);

(q) regulations 10(1) and 11(1) of the Health Protection (Part 2A Orders) Regulations 2010(32);

(r) regulation 1(3) of the Health Protection (Notification) Regulations 2010(33);

(s) regulations 22(4)(c), 26(2)(e) and 35(6)(b)(i) of the Water Supply (Water Quality) Regulations 2010(34);

(t) regulation 12(1) and (2)(a) of, and paragraph 7 of the Schedule to, the Medical Profession (Responsible Officers) Regulations 2010(35);

(u) in the entry for Public Health England in column (1) the table in Schedule 1 to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011(36);

(v) paragraph 2 of Schedule 4 to the National Health Service (Clinical Commissioning Groups) Regulations 2012(37);

(w) the definition of “Public Health England” in regulation 213(1) of the Human Medicines Regulations 2012(38);

(x) regulation 16(a) of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013(39);

(y) the definition of “postgraduate dental dean or director of postgraduate dental education” in regulation 29 of the National Health Service (Performers Lists) (England) Regulations 2013(40);

(z) paragraph (e) of the definition of “responsible person” in regulation 8(3) of the Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2013(41);

(aa) regulation 4(1)(h) of the National Health Service (Clinical Commissioning Groups – Payments in Respect of Quality) Regulations 2013(42);

(bb) in Schedule 2 to the Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014(43)—

(i) in column (2) in Part 1, in relation to the entry in column (1) for “NHS”, and

(ii) in column (2) in Part 2;

(cc) column 1 in Schedule 1 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015(44), in the entry for Public Health England;

(dd) regulations 12(5)(e), 13(7)(d) and 14(3)(a) of the Control of Major Accident Hazards Regulations 2015(45);

(ee) in each place in column 2 of the table in the Schedule to the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales) Order 2015(46);

(ff) paragraph 1 of Schedule 2 to the Medicines (Products for Human Use) (Fees) Regulations 2016(47), in the definition of “the MHRA portal”;

(gg) the definition of “Public Health England” in regulation 2(1) of the Water Supply (Water Quality) Regulations 2016(48).

21.  In each of the following provisions, after “for Health” in each place insert “and Social Care”—

(a) paragraph 48(2) of Schedule 9 and paragraph 38(2) of Schedule 10 to the Income Support (General) Regulations 1987(49);

(b) paragraph 44(2) of Schedule 2 to the Family Credit (General) Regulations 1987(50);

(c) paragraph 42(d) of Schedule 3 and paragraph 39(2) of Schedule 4 to the Disability Working Allowance (General) Regulations 1991(51);

(d) paragraph 47(2) of Schedule 7 and paragraph 36(2) of Schedule 8 of the Jobseeker’s Allowance Regulations 1996(52);

(e) paragraph 42(2) of Schedule 3 and paragraph 39(2) of Schedule 4 to the Housing Renewal Grants Regulations 1996(53);

(f) regulations 3(1), (2) and (3) of the Good Laboratory Practice Regulations 1999(54);

(g) item 12(e) in table 6 in regulation 19 of the Tax Credits (Definitions and Calculation of Income) Regulations 2002(55);

(h) article 3 of the Medicines and Healthcare Products Regulatory Agency Trading Fund Order 2003(56);

(i) article 2(2) of the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004(57);

(j) the definition of “Appointing Authority” in paragraph 2 of the Schedule to the Postgraduate Medical Education and Training Board (Members – Removal from Office) Rules Order 2004(58);

(k) paragraph 2(1)(j)(i) and (k)(i) of Schedule 2 to the Dairy Produce Quotas Regulations 2005(59);

(l) paragraphs 2 to 6 of Schedule 1 to the Water Supply (Flouridation Indemnities) England) Regulations 2005(60);

(m) paragraph 44(2) of Schedule 5 and paragraph 40(2) of Schedule 6 to the Housing Benefit Regulations 2006(61);

(n) paragraph 45(2) of Schedule 4 and paragraph 40(2) of Schedule 5 to the Council Tax Benefit Regulations 2006(62);

(o) paragraph 45(2) of Schedule 8 and paragraph 37(2) of Schedule 9 to the Employment and Support Allowance Regulations 2008(63);

(p) regulations 9A(1) and (4) and 10(1)(c) and (2) of the Social Security (Information-sharing in relation to Welfare Services etc) Regulations 2012(64);

(q) in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012(65), paragraph 46(2) of Schedule 8 and paragraph 43(2) of Schedule 10;

(r) in both columns in the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014(66);

(s) Part 1 of Schedule 4 to the Criminal Justice and Data Protection (Protocol No 36) Regulations 2014(67);

(t) regulations 3(1) and (3) and 8(a) of the Social Security (Information-sharing) (NHS Payments and Remission of Charges etc) (England) Regulations 2015(68);

(u) Parts 2 and 3 of Schedule 1 to the Criminal Justice (European Investigation Order) Regulations 2017(69);

(v) paragraph 3(2)(o) of Schedule 2 to the NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017(70).

22.  In regulation 4(2)(a) of the Abortion Regulations 1991, for “Richmond House, 79 Whitehall, London, SW1A 2NS” substitute “39 Victoria Street, London SW1H 0EU”.

(1)

Section 86(6A) was inserted by S.I. 1970/1681 and amended by S.I. 1976/1775, 1997/2971, 2001/2568, 2002/2626 and 2006/1926.

(2)

Schedule 2 was substituted by S.I. 2011/2986. Other amendments have been made to Schedule 2 which are not relevant to this Order.

(3)

Section 2(2) was amended by S.I. 1969/388 and by S.I. 1988/1843. Other amendments have been made to section 2(2) which are not relevant to this Order.

(4)

In section 135(2)(a)(ii) the reference to the Secretary of State for Health was inserted by S.I. 1988/1843.

(5)

Section 228 was amended by S.I. 1997/2971, 2001/2568, 2002/2626 and 2006/1926.

(6)

Section 245(1)(b) was amended by S.I. 1997/2971, 2001/2568, 2002/2626 and 2006/1926.

(7)

In section 265(1), paragraph (a) was repealed and paragraph (d) amended by S.I. 1997/2971; paragraph (d) was further amended by S.I. 2001/2568; paragraph (a) was inserted and paragraph (d) substituted by S.I. 2002/2626, and paragraph (d) was further substituted by S.I. 2006/1926.

(8)

Paragraph 8(2) was amended by S.I. 1997/2971, 2001/2568, 2002/2626 and 2006/1926.

(9)

Paragraph 7(2) was amended by S.I. 1997/2971, 2001/2568, 2002/2626 and 2006/1926.

(10)

Paragraph 7(2) was amended by S.I. 1997/2971, 2001/2568, 2002/2626, and 2006/1926.

(11)

Section 23(10) was amended and paragraph (a) substituted by S.I. 1997/2971; section 23(10) was further amended by S.I. 2001/2568, 2002/2626 and 2006/1926.

(12)

Schedule 1 was amended by S.I. 2007/3224, 2009/229 and 2009/2748. Paragraph 9A was inserted by S.I. 2006/1926. Other amendments have been made to Schedule 1 which are not relevant to this Order.

(13)

Section 62(1) was amended by section 319(1) of the Housing and Regeneration Act 2008.

(14)

Section 213(5A) was inserted by S.I. 2006/3363. Other amendments have been made to section 213(5A) which are not relevant to this Order.

(15)

Paragraph 1ZA was inserted by S.I. 2006/1926.

(16)

S.I. 1991/499, amended by S.I. 2002/2879; there are other amending instruments but none is relevant.

(17)

S.I. 1996/1434, amended by S.I. 2004/2311; there are other amending instruments but none is relevant.

(18)

S.I. 1998/3186, to which there are amendments not relevant to this Order.

(19)

S.I. 2001/2975, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

(20)

S.I. 2003/1076, to which there are amendments not relevant to this Order.

(21)

S.I. 2004/629; relevant amending instruments are S.I. 2004/3215, 2009/2230, 2010/2389, 2011/680 and 2013/363.

(22)

S.I. 2004/906, to which there are amendments not relevant to this Order.

(23)

S.I. 2004/1769, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

(24)

S.I. 2005/474, to which there are amendments not relevant to this Order.

(25)

S.I. 2005/2414, amended by S.I. 2006/632; there are other amending instruments but none is relevant.

(26)

S.I. 2009/1927, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

(27)

S.I. 2009/2264, amended by S.I. 2013/522; there are other amending instruments but none is relevant.

(28)

S.I. 2009/3112, to which there are amendments not relevant to this Order.

(29)

S.I. 2010/104, amended by S.I. 2013/522; there are other amending instruments but none is relevant.

(30)

S.I. 2010/480, to which there are amendments not relevant to this Order.

(31)

S.I. 2010/521, to which there are amendments not relevant to this Order.

(32)

S.I. 2010/658, amended by S.I. 2013/235.

(33)

S.I. 2010/659, amended by S.I. 2013/235.

(34)

S.I. 2010/994, amended by S.I. 2013/235; there are other amending instruments but none is relevant.

(35)

S.I. 2010/2841, amended by S.I. 2013/391.

(36)

S.I. 2011/2055, amended by S.I. 2013/522; there are other amending instruments but none is relevant.

(37)

S.I. 2012/1631, to which there are amendments not relevant to this Order.

(38)

S.I. 2012/1916, to which there are amendments not relevant to this Order.

(39)

S.I. 2013/218, to which there are amendments not relevant to this Order.

(40)

S.I. 2013/335, to which there are amendments not relevant to this Order.

(41)

S.I. 2013/351, to which there are amendments not relevant to this Order.

(42)

S.I. 2013/474.

(43)

S.I. 2014/3140, to which there are amendments not relevant to this Order.

(44)

S.I. 2015/462, to which there are amendments not relevant to this Order.

(45)

S.I. 2015/483.

(46)

S.I. 2015/1853, to which there are amendments not relevant to this Order.

(47)

S.I. 2016/190.

(48)

S.I. 2016/614, to which there are amendments not relevant to this Order.

(49)

S.I. 1987/1967, relevant amending instruments are S.I. 1990/1776 and S.I. 2008/3157.

(50)

S.I. 1987/1973, amended by S.I. 1990/1774; there are other amending instruments but none is relevant.

(51)

S.I. 1991/2887, to which there are amendments not relevant to this Order.

(52)

S.I. 1996/207, amended by S.I. 2008/3157; there are other amending instruments but none is relevant.

(53)

S.I. 1996/2890, to which there are amendments not relevant to this Order.

(54)

S.I. 1999/3106.

(55)

S.I. 2002/2006, amended by S.I. 2010/2914; there are other amending instruments but none is relevant.

(56)

S.I. 2003/1076.

(57)

S.I. 2004/1034; amended by S.I. 2012/146; there are other amending instruments but none is relevant.

(58)

S.I. 2004/3410, to which there are amendments not relevant to this Order.

(59)

S.I. 2005/465, to which there are amendments not relevant to this Order.

(60)

S.I. 2005/920.

(61)

S.I. 2006/213, amended by S.I. 2008/3157; there are other amending instruments but none is relevant.

(62)

S.I. 2006/215, amended by S.I. 2008/3157; there are other amending instruments but none is relevant.

(63)

S.I. 2008/794, to which there are amendments not relevant to this Order.

(64)

S.I. 2012/1483, amended by S.I. 2013/454; there are other amending instruments but none is relevant.

(65)

S.I. 2012/2886, to which there are amendments no relevant to this Order.

(66)

S.I. 2014/2418, amended by S.I. 2015/1981; there are other amending instruments but none is relevant.

(67)

S.I. 2014/3141, amended by S.I. 2014/3191; there are other amending instruments but none is relevant.

(68)

S.I. 2015/124.

(69)

S.I. 2017/730.

(70)

S.I. 2017/958.