UKPGA-1990-19 — National Health Service and Community Care Act 1990

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I

The National Health Service: England and Wales

s. 1 — Regional and District Health Authorities.

s. 1(1)

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s. 1(2)

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s. 1(3)

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s. 1(4)

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s. 1(5)

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s. 2 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 3 — Primary and other functions of health authorities etc. and exercise of functions.

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s. 4 — NHS contracts.

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s. 4A — Provision of certain services under NHS contracts.

s. 4A(1)

This section applies to any arrangement under which a Strategic Health Authority, a Primary Care Trust, a Health Authority or such other health service body as may be prescribed arrange for the provision to them—of goods or services that they reasonably require for the purposes of functions which they are exercising under Part I of the principal Act other than under section 16CD of that Act.

s. 4A(1)(a)

by a person on an ophthalmic list,. . .

s. 4A(1)(aa)

by a contractor under a general ophthalmic services contract, or

s. 4A(1)(b)

by a person on a pharmaceutical list,

s. 4A(2)

Any such arrangement is to be treated as an NHS contract for the purposes of section 4 (other than subsections (4) and (6)).

s. 4A(3)

In this section—“general ophthalmic services contract” and “contractor” under such a contract have the meanings given by section 28WA of the principal Act;“health service body” means a body which is a health service body for the purposes of section 4;“ophthalmic list” means a list published in accordance with regulations made under—section 39(1)(a) of the principal Act; section 26(2)(a) of the National Health Service (Scotland) Act 1978; or Article 62(2)(a) of the Health and Personal Social Services (Northern Ireland) Order 1972; and“pharmaceutical list” means a list published in accordance with regulations made under—section 42(2)(a) of the principal Act; section 27(2) of the National Health Service (Scotland) Act 1978; or Article 63(2A)(a) of the 1972 Order.

s. 4A(4)

In subsection (3), in paragraph (b) of the definition of “ophthalmic list” the reference to a list published in accordance with regulations made under paragraph (a) of section 26(2) of the National Health Service (Scotland) Act 1978 is a reference to the first part of the list (referred to in sub-paragraph (i) of that paragraph) which is published in accordance with regulations under that paragraph.

s. 5 — NHS trusts.

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s. 6 — Transfer of staff to NHS trusts.

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s. 7 — Supplementary provisions as to transfer of staff.

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s. 8 — Transfer of property, rights and liabilities to NHS trust.

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s. 9 — Originating capital debt of, and other financial provisions relating to NHS trusts.

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s. 10 — Financial obligations of NHS trusts.

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s. 11 — Trust funds and trustees for NHS trusts.

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s. 12 — Functions of Family Health Services Authorities.

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s. 13 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 14

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s. 15 — Payments to recognised fund-holding practices.

s. 15(1)

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s. 15(2)

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s. 15(3)

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s. 15(4)

In any case where—the Health Authority making the payment shall be entitled to recover from that other Health Authority, or from that Health Board, an amount equal to such portion of the payment as may be determined in accordance with directions given by the Secretary of State.

s. 15(4)(a)

a Health Authority make a payment of, or of any part of, an allotted sum to the members of a recognised fund-holding practice, and

s. 15(4)(b)

some of the individuals on the list of patients of any of the members of the practice reside in the area of another Health Authority, or in the area of a Health Board,

s. 15(5)

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s. 15(6)

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s. 15(7)

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s. 15(8)

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s. 15(9)

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s. 15(10)

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s. 16

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s. 17

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s. 18 — Indicative amounts for doctors’ practices.

s. 18(1)

Subject to subsections (2) and (8) below, for each financial year, every Primary Care Trust and every Local Health Board shall, by notice in writing given to each practice in relation to the members of which it is the relevant Primary Care Trust or Local Health Board, specify an amount of money (in this Act referred to as an “indicative amount”) representing the basic price of the drugs, medicines and listed appliances which, in the opinion of the Primary Care Trust or Local Health Board, it is reasonable to expect will be supplied in that year pursuant to orders given by or on behalf of the members of that practice.

s. 18(2)

Subsection (1) above does not apply with respect to a practice which is or forms part of a fund-holding practice recognised under section 14 above.

s. 18(3)

For the purposes of this section, a “practice” means—and any reference to the members of a practice shall be construed accordingly.

s. 18(3)(a)

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

s. 18(3)(b)

two or more individuals practising in partnership who together have entered into such a contract,

s. 18(4)

The members of a practice shall seek to secure that, except with the consent of the relevant Primary Care Trust or Local Health Board or for good cause, the orders for drugs, medicines and listed appliances given by them or on their behalf are such that the basic price of the items supplied pursuant to those orders in any financial year does not exceed the indicative amount notified to the practice for that year under subsection (1) above.

s. 18(5)

For the purpose of measuring the extent to which a practice is operating within the indicative amount notified to it under subsection (1) above for any financial year, a Primary Care Trust or Local Health Board shall set against that indicative amount an amount equal to the basic price of the drugs, medicines and listed appliances supplied in that year pursuant to orders given by or on behalf of members of the practice.

s. 18(6)

For the purposes of this section, regulations may make provision as to the specification of, or means of calculating, the basic price of any drugs, medicines or listed appliances.

s. 18(7)

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s. 18(8)

This section does not apply in relation to the performance or provision of personal medical services in accordance with arrangements made under section 28C of the principal Act.

s. 18(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.

s. 19 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 20 — Extension of functions etc. of Audit Commission to cover the health service.

s. 20(1)

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s. 20(2)

In section 98 of the principal Act (accounts and audit),—

s. 20(2)(a)

in subsection (1), in the words following paragraph (e) for the words from “appointed” to “Comptroller” there shall be substituted “appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales and the Comptroller”;

s. 20(2)(b)

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s. 20(2)(c)

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s. 20(2)(d)

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s. 20(3)

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s. 20(4)

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s. 20(5)

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s. 20(6)

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s. 20(7)

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s. 20(8)

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s. 21 — Schemes for meeting losses and liabilities etc. of certain health service bodies.

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s. 22 — The Medical Practices Committee.

s. 23 — Distribution of general medical services.

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s. 24 — Limitations on right to be included on list of dental practitioners.

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s. 25 — Transfer to DHA of certain functions relating to private patients.

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s. 26 — Interpretation of Part I.

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Part II

The National Health Service: Scotland

s. 27 — Health Boards, the Common Services Agency and state hospitals.

s. 27(1)

Subject to subsection (2) below, at the end of the day appointed for the coming into force of this subsection, any person who is a member of—shall cease to be such a member.

s. 27(1)(a)

a Health Board;

s. 27(1)(b)

the management committee of the Common Services Agency for the Scottish Health Service; or

s. 27(1)(c)

a State Hospital Management Committee within the meaning of the Mental Health (Scotland) Act 1984,

s. 27(2)

Subsection (1) above does not apply to a person holding office as chairman of a Health Board or of a committee mentioned in subsection (1)(b) or (c) above.

s. 27(3)

Schedule 1 (Health Boards) and Schedule 5 (Common Services Agency) to the National Health Service (Scotland) Act 1978 (in this Part of this Act referred to as “the 1978 Act”) and Schedule 1 to the Mental Health (Scotland) Act 1984 (State Hospital Management Committees) shall be amended in accordance with Schedule 5 to this Act.

s. 28 — Special Health Boards.

In section 2 (Health Boards) of the 1978 Act—

s. 28(a)

in subsection (1)—

s. 28(a)(i)

after the words “Secretary of State” there shall be inserted the word “(a)”; and

s. 28(a)(ii)

after the words “Health Boards” there shall be inserted—;

s. 28(b)

after subsection (1) there shall be inserted the following subsections—; and

s. 28(c)

in subsection (2), for the word “(1)” there shall be substituted the word “(1)(a)”.

s. 29 — Scottish advisory bodies.

s. 29(1)

Section 5 of the 1978 Act (Scottish Health Service Planning Council) shall cease to have effect.

s. 29(2)

Section 6 of that Act (national consultative committees) shall cease to have effect.

s. 29(3)

In section 7 of that Act (local health councils)—

s. 29(3)(a)

in subsection (2), the words from “by local authorities” to “and for the appointment” shall cease to have effect;

s. 29(3)(b)

in subsection (9)(d), after the words “Health Board” there shall be inserted “and from any NHS trust in their area or district”; and

s. 29(3)(c)

in subsection (9)(e), after the words “Health Board” there shall be inserted “and establishments in their area or district administered by NHS trusts”.

s. 29(4)

In section 8(1) of that Act (university liaison committees)—

s. 29(4)(a)

after the words “those Boards” where they first occur there shall be inserted “and any NHS trusts in the area or combined areas”;

s. 29(4)(b)

for the words “the area or combined” there shall be substituted “that area or those”; and

s. 29(4)(c)

after the words “those Boards” in the second place where they occur there shall be inserted “, any such NHS trust”.

s. 29(5)

In section 9 of that Act (local consultative committees)—

s. 29(5)(a)

for the words from “after consultation” to “is representative” in each of subsections (1), (3) and (4) there shall be substituted “a Health Board is satisfied that a committee formed for its area is representative”;

s. 29(5)(b)

for the words “Secretary of State” in the second place where they occur in subsection (1) there shall be substituted “Health Board”; and

s. 29(5)(c)

for the word “he” in each of subsections (3) and (4) there shall be substituted “the Board”.

s. 30 — NHS contracts.

After section 17 of the 1978 Act there shall be inserted the following sections—

s. 31 — National Health Service trusts.

After section 12 of the 1978 Act there shall be inserted the following sections—

s. 32 — Further provision relating to NHS trusts.

After Schedule 7 to the 1978 Act there shall be inserted the Schedules set out in Schedule 6 to this Act.

s. 33 — Trust property of NHS trusts.

After section 12F of the 1978 Act (as inserted by section 31 of this Act) there shall be inserted the following section—

s. 34 — Fund-holding practices.

After section 87 of the 1978 Act there shall be inserted the following sections—

s. 35 — Indicative amounts for doctors’ practices.

After the sections inserted in the 1978 Act by section 34 above there shall be inserted the following section—

s. 36 — Accounts and audit of NHS trusts and fund-holding practices.

s. 36(1)

The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments set out in that Schedule, being amendments—

s. 36(1)(a)

to extend the functions of the Commission for Local Authority Accounts in Scotland (in this section referred to as “the Commission”) to cover Health Boards and other bodies established under the 1978 Act, the Mental Welfare Commission for Scotland and State Hospital Management Committees constituted under the Mental Health (Scotland) Act 1984;

s. 36(1)(b)

to alter the title and constitution of the Commission to reflect its wider role; and

s. 36(1)(c)

to make provision consequential on or supplemental to the amendments referred to in paragraphs (a) and (b) above.

s. 36(2)

Section 86 of the 1978 Act (keeping and audit of accounts of certain Scottish health bodies) shall be amended in accordance with the following provisions of this section.

s. 36(3)

In subsection (1), for the words from the beginning to “Agency” there shall be substituted—.

s. 36(4)

After subsection (1) there shall be inserted the following subsections—

s. 36(5)

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s. 36(6)

In subsection (3), for the words “Health Board and the Agency” there shall be substituted “body mentioned in paragraphs (a) to (c) of subsection (1)”.

s. 36(7)

In subsection (4), for the words “Health Boards and the Agency” there shall be substituted “bodies mentioned in paragraphs (a) to (c) of subsection (1)”.

s. 36(8)

After subsection (4) there shall be added the following subsection—

s. 37 — Relationship of Health Boards and medical practitioners.

After subsection (7) of section 19 of the 1978 Act (arrangements and regulations for general medical services) there shall be inserted the following subsection—

s. 38 — Scottish Medical Practices Committee.

s. 38(1)

In section 3 of the 1978 Act (the Scottish Medical Practices Committee), after subsection (1) there shall be inserted the following subsection—

s. 38(2)

In Schedule 2 to the 1978 Act (constitution etc of Scottish Medical Practices Committee), after paragraph 2 there shall be inserted—

s. 39 — Distribution of general medical services.

s. 39(1)

In section 23 of the 1978 Act (distribution of general medical services), after subsection (1) there shall be inserted the following subsections—

s. 39(2)

At the beginning of subsection (2) of that section (the Medical Practices Committee to select the person whose applications are to be granted) there shall be inserted “Subject to subsection (2A)” and after that subsection there shall be inserted the following subsection—

s. 39(3)

In subsection (4) of that section (applications under section 20 may be granted subject to certain conditions), after the word “but” there shall be inserted—; and at the end of the subsection there shall be inserted the words “and an order under subsection (1A) may make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions imposed under paragraph (a)”.

s. 39(4)

In subsection (5) of that section (appeals to the Secretary of State) for the words “such conditions” there shall be substituted “conditions under paragraph (a) or (b) of subsection (4)” and for the words following “Secretary of State”, in the first place where those words occur, there shall be substituted “on a point of law; and, if the Secretary of State allows such an appeal, he shall remit the application to the Medical Practices Committee for reconsideration”.

s. 39(5)

Subsection (7) of that section (directions on a successful appeal) shall be omitted.

s. 39(6)

In subsection (8) of that section (matters to be taken into account) for the words from the beginning to “in any such case” there shall be substituted “In any case where medical practitioners have to be selected from a number of applicants, the Medical Practices Committee or, where subsection (2A) applies, the Health Board shall”.

s. 39(7)

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s. 39(8)

In the case of a medical practitioner who, on the day appointed for the coming into force of this section, is providing general medical services in accordance with arrangements under section 19 of the 1978 Act, regulations may make transitional provisions by virtue of which those services shall be treated for the purposes of that Act as provided subject to such of the prescribed conditions referred to in section 23(4)(a) of that Act as are determined under the regulations and, accordingly, for enabling any such condition to be varied in accordance with regulations under section 24(2) of that Act.

s. 40 — Limitations on right to be included on list of dental practitioners.

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s. 41 — Schemes for meeting losses and liabilities etc. of certain health service bodies.

After section 85A of the 1978 Act there shall be inserted the following section—

Part III

Community Care: England and Wales

s. 42 — Provision of accommodation and welfare services: agency arrangements.

s. 42(1)

In section 21(1) of the National Assistance Act 1948 (duties of local authorities to provide accommodation for persons aged 18 or over who are in need of care and attention by reason of age, infirmity or other circumstances)—

s. 42(1)(a)

in paragraph (a) for the word “infirmity” there shall be substituted “illness, disability”; and

s. 42(1)(b)

at the end of that paragraph there shall be added.

s. 42(2)

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s. 42(3)

In section 26 of that Act (arrangements for provision of accommodation in premises maintained by voluntary organisations etc.), at the end of subsection (2) (under which the arrangements must provide for the local authority to make payments in respect of accommodation provided) there shall be added “and subject to subsection (3A) below the local authority shall recover from each person for whom accommodation is provided under the arrangements the amount of the refund which he is liable to make in accordance with the following provisions of this section”.

s. 42(4)

At the beginning of subsection (3) of that section (liability of persons for whom accommodation is provided to make refunds to the local authority) there shall be inserted “Subject to subsection (3A) below” and after that subsection there shall be inserted the following subsection—

s. 42(5)

At the end of subsection (7) of that section (interpretation) there shall be added.

s. 42(6)

In section 30(1) of that Act (under which a local authority may employ certain voluntary organisations as their agents for the provision of welfare services for disabled persons) for the words from “any voluntary organisation” onwards there shall be substituted “any voluntary organisation or any person carrying on, professionally or by way of trade or business, activities which consist of or include the provision of services for any of the persons to whom section 29 above applies, being an organisation or person appearing to the authority to be capable of providing the service to which the arrangements apply”.

s. 42(7)

In section 45(3) of the Health Services and Public Health Act 1968 (under which a local authority may employ certain voluntary organisations as their agents for promoting the welfare of old people) for the words from “any voluntary organisation” onwards there shall be substituted “any voluntary organisation or any person carrying on, professionally or by way of trade or business, activities which consist of or include the provision of services for old people, being an organisation or person appearing to the authority to be capable of promoting the welfare of old people”.

s. 43 — Exclusion of powers to provide accommodation in certain cases.

After section 26 of the National Assistance Act 1948 there shall be inserted—

s. 44 — Charges for accommodation provided by local authorities.

s. 44(1)

Section 22 of the National Assistance Act 1948 (charges for accommodation provided under Part III of that Act to be made at a standard rate fixed by the local authority subject to a minimum weekly rate prescribed under subsection (3)) shall have effect subject to the amendments specified in subsections (2) to (6) below.

s. 44(2)

In subsection (1) (which relates to a person’s liability to pay for accommodation) for the words from the beginning to “the accommodation" there shall be substituted “ Subject to section 26 of this Act, where a person is provided with accommodation under this Part of this Act the local authority providing the accommodation shall recover from him the amount of the payment which he is liable to make ”.

s. 44(3)

In subsection (2) (which requires the authority managing premises to fix the standard rate) after the word “payment" there shall be inserted “ which a person is liable to make ” and at the end of that subsection there shall be added the words “ and that standard rate shall represent the full cost to the authority of providing that accommodation ”

s. 44(4)

In subsection (3) (which makes provision for people who are unable to pay at the standard rate)—shall be omitted.

s. 44(4)(a)

the words “(disregarding income support)", and

s. 44(4)(b)

the words from “Provided that" to the end of the subsection,

s. 44(5)

After subsection (4) (under which the Secretary of State may prescribe the minimum sum assumed to be required for a resident’s personal needs in determining the rate payable by him) there shall be inserted—

s. 44(6)

In subsection (5A) (under which a local authority managing premises in which accommodation is provided for a person may limit the payments required from him for a certain period to the minimum rate prescribed under subsection (3)) for the words “the minimum weekly rate prescribed under subsection (3) above" there shall be substituted “ such amount as appears to them reasonable for him to pay ”.

s. 44(7)

In section 29 of that Act (under subsection (4)(c) of which arrangements may be made for the provision of hostels where persons for whom welfare services are provided under that section may live) after subsection (4) there shall be inserted—

s. 45 — Recovery of charges due to local authorities for accommodation.

s. 45(1)

In section 21 of the Health and Social Services and Social Security Adjudication Act 1983 (recovery of sums due to local authority where persons in residential accommodation have disposed of assets) after subsection (3) there shall be inserted—

s. 45(2)

In sections 22 and 23 of that Act (which make provision as to arrears of contributions charged on interests in land in England and Wales and in Scotland respectively) after subsection (2) there shall be inserted—

s. 45(3)

In section 24 of that Act (interest on sums charged on or secured over interests in land) for subsection (2) there shall be substituted—

s. 46 — Local authority plans for community care services.

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s. 47 — Assessment of needs for community care services.

s. 47(1)

Subject to subsections (5) and (6) below, where it appears to a local authority that any person for whom they may provide or arrange for the provision of services under section 117 of the Mental Health Act 1983... may be in need of any such services, the authority—

s. 47(1)(a)

shall carry out an assessment of his needs for those services; and

s. 47(1)(b)

having regard to the results of that assessment, shall then decide whether his needs call for the provision by them of any such services.

s. 47(2)

If at any time during the assessment of the needs of any person under subsection (1)(a) above it appears to a local authority in England that he is a disabled person, (and..., that he is under 18) the authority—

s. 47(2)(a)

shall proceed to make such a decision as to the services he requires as is mentioned in section 4 of the Disabled Persons (Services, Consultation and Representation) Act 1986 without his requesting them to do so under that section; and

s. 47(2)(b)

shall inform him that they will be doing so and of his rights under that Act.

s. 47(3)

If at any time during the assessment of the needs of any person under subsection (1)(a) above, it appears to a local authority—the local authority shall notify that ... integrated care board, Health Authority or local housing authority and invite them to assist, to such extent as is reasonable in the circumstances, in the making of the assessment; and, in making their decision as to the provision of the services needed for the person in question, the local authority shall take into account any services which are likely to be made available for him by that ... integrated care board, Health Authority or local housing authority.

s. 47(3)(za)

that there may be a need for the provision of services to that person pursuant to arrangements made under the National Health Service Act 2006 by such integrated care board as may be determined in accordance with regulations (including such arrangements made by it in the exercise of functions of another person by virtue of any provision of that Act),

s. 47(3)(a)

that there may be a need for the provision to that person by such ... Health Authority as may be determined in accordance with regulations of any services under ... the National Health Service (Wales) Act 2006, or

s. 47(3)(b)

that there may be a need for the provision to him of any services which fall within the functions of a local housing authority (within the meaning of the Housing Act 1985) which is not the local authority carrying out the assessment,

s. 47(4)

The Secretary of State may give directions as to the manner in which an assessment under this section is to be carried out or the form it is to take but, subject to any such directions and to subsection (7) below, it shall be carried out in such manner and take such form as the local authority consider appropriate.

s. 47(5)

Nothing in this section shall prevent a local authority from temporarily providing or arranging for the provision of services mentioned in subsection (1) for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency.

s. 47(6)

If, by virtue of subsection (5) above, ... services have been provided temporarily for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section.

s. 47(7)

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

s. 47(8)

In this section—“disabled person” has the same meaning as in that Act; and“local authority” means a county council in England, a district council for an area in England for which there is no county council, the council of a county or county borough in Wales, a London borough council or the Common Council of the City of London.

s. 48 — Inspection of premises used for provision of community care services.

s. 48(1)

Any person authorised by the Secretary of State may at any reasonable time enter and inspect any premises (other than regulated premises) in which services under section 117 of the Mental Health Act 1983, or services under Part 1 of the Care Act 2014 to meet adults’ needs for care and support, are or are proposed to be provided by a local authority in England, or services under Part 4 of the Social Services and Well-being (Wales) Act 2014 are or are proposed to be provided by a local authority in Wales, whether directly or under arrangements made with another person.

s. 48(1A)

In subsection (1) “regulated premises” means—

s. 48(1A)(a)

in relation to England, premises used for the carrying on of a regulated activity within the meaning of Part 1 of the Health and Social Care Act 2008 by a person who is registered under Chapter 2 of that Part in respect of the activity; and

s. 48(1A)(b)

in relation to Wales, premises in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

s. 48(2)

Any person inspecting any premises under this section may—

s. 48(2)(a)

make such examination into the state and management of the premises and the facilities and services provided therein as he thinks fit;

s. 48(2)(b)

inspect any records (in whatever form they are held) relating to the premises, or any person for whom services mentioned in subsection (1) have been or are to be provided there; and

s. 48(2)(c)

require the owner of, or any person employed in, the premises to furnish him with such information as he may request.

s. 48(3)

Any person exercising the power to inspect records conferred by subsection (2)(b) above—

s. 48(3)(a)

shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

s. 48(3)(b)

may require—to give him such reasonable assistance as he may require.

s. 48(3)(b)(i)

the person by whom or on whose behalf the computer is or has been so used; or

s. 48(3)(b)(ii)

any person having charge of or otherwise concerned with the operation of the computer, apparatus or material,

s. 48(4)

Any person inspecting any premises under this section—

s. 48(4)(a)

may interview any person residing there in private—

s. 48(4)(a)(i)

for the purpose of investigating any complaint as to those premises or the services mentioned in subsection (1) that are provided there, or

s. 48(4)(a)(ii)

if he has reason to believe that any of those services being provided there for that person are not satisfactory; and

s. 48(4)(b)

may examine any such person in private.

s. 48(5)

No person may—unless he is a registered medical practitioner and, in the case of the power conferred by subsection (2)(b) above, the records relate to medical treatment given at the premises in question.

s. 48(5)(a)

exercise the power conferred by subsection (2)(b) above so as to inspect medical records; or

s. 48(5)(b)

exercise the power conferred by subsection (4)(b) above,

s. 48(6)

Any person exercising the power of entry under subsection (1) above shall, if so required, produce some duly authenticated document showing his authority to do so.

s. 48(7)

Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

s. 48(8)

In this section “local authority” has the same meaning as in section 47.

s. 49 — Transfer of staff from health service to local authorities.

s. 49(1)

In connection with arrangements relating to community care services made by virtue of this Part of this Act, the Secretary of State may make regulations with respect to the transfer to employment by a local authority of persons previously employed by a National Health Service body.

s. 49(2)

Regulations under this section may also make provision with respect to the return to employment by a National Health Service body of a person to whom the regulations previously applied on his transfer (whether from that or another National Health Service body) to employment by a local authority.

s. 49(3)

Without prejudice to the generality of subsections (1) and (2) above, regulations under this section may make provision with respect to—

s. 49(3)(a)

the terms on which a person is to be employed by a local authority or National Health Service body;

s. 49(3)(b)

the period and continuity of a person’s employment for the purposes of the Employment Rights Act 1996;

s. 49(3)(c)

superannuation benefits; and

s. 49(3)(d)

the circumstances in which, if a person declines an offer of employment made with a view to such a transfer or return as is referred to in subsection (1) or subsection (2) above and then ceases to be employed by a National Health Service body or local authority, he is not to be regarded as entitled to benefits in connection with redundancy.

s. 49(4)

In this section—

s. 49(4)(a)

“local authority” and “community care services” have the same meaning as in section 46 above; and

s. 49(4)(b)

“National Health Service body” means a ... ... Health Authority, Local Health Board or Special Health Authority or a National Health Service trust.

s. 49(5)

Regulations under this section may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

s. 50 — Powers of the Secretary of State as respects social services functions of local authorities.

After section 7 of the Local Authority Social Services Act 1970 (local authorities to exercise social services functions under guidance of the Secretary of State) there shall be inserted the following sections—

Part IV

Community Care: Scotland

s. 51 — Power of Secretary of State to give directions.

After subsection (1) of section 5 (powers of Secretary of State) of the Social Work (Scotland) Act 1968 (in this Part of this Act referred to as “the 1968 Act”) there shall be inserted the following subsection—

s. 52 — Local authority plans for, and complaints in relation to, community care services in Scotland.

After section 5 of the 1968 Act there shall be inserted the following sections—

s. 53 — Inspection of premises providing accommodation.

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

s. 54 — Inquiries.

After section 6 of the 1968 Act there shall be inserted the following section—

s. 55 — Duty of local authority to make assessment of needs.

After section 12 of the 1968 Act there shall be inserted the following section—

s. 56 — Residential accommodation with nursing and provision of care and after-care.

After section 13 of the 1968 Act there shall be inserted the following sections—

s. 57 — Exclusion of powers to provide accommodation in certain cases.

After section 86 of the 1968 Act there shall be inserted the following section—

s. 58 — Power of Secretary of State to make grants.

After section 92 of the 1968 Act there shall be inserted the following section—

Part V

Miscellaneous and General

s. 59 — Parliamentary disqualification.

s. 59(1)

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

s. 59(2)

In the said Part III there shall be inserted (at the appropriate place) the following entry—.

s. 59(3)

In the said Part III—

s. 59(3)(a)

in the entry which begins “Paid Chairman of a Health Board”, for the words “Paid Chairman” there shall be substituted “Chairman or any member, not being also an employee,”;

s. 59(3)(b)

in the entry which begins “Chairman of the Management Committee of the Common Services Agency” after the word “Chairman” there shall be inserted “or any member, not being also an employee,”; and

s. 59(3)(c)

in the entry relating to the Chairman of a committee constituted under section 91 of the Mental Health (Scotland) Act 1984, after the word “Chairman” there shall be inserted “or any member, not being also an employee”.

s. 60 — Removal of Crown immunities.

s. 60(1)

Subject to the following provisions of this section, on and after the day appointed for the coming into force of this subsection, no health service body shall be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and so far as concerns land in which the Secretary of State has an interest, at any time when—the interest of the Secretary of State shall be treated for the purposes of any enactment or rule of law relating to Crown land or interests as if it were an interest held otherwise than by the Secretary of State (or any other emanation of the Crown).

s. 60(1)(a)

by virtue of directions under any provision of the National Health Service Act 2006, the National Health Service (Wales) Act 2006,... or the Health and Medicines Act 1988 or by virtue of orders under section 2 or section 10 of the National Health Service (Scotland) Act 1978, powers of disposal or management with respect to the land are conferred on a health service body, or

s. 60(1)(b)

the land is otherwise held, used or occupied by a health service body,

s. 60(2)

In Schedule 8 to this Act—

s. 60(2)(a)

Part I has effect to continue certain exemptions for health service bodies and property held, used or occupied by such bodies;

s. 60(2)(b)

the amendments in Part II have effect, being amendments consequential on subsection (1) above; and

s. 60(2)(c)

the transitional provisions in Part III have effect in connection with the operation of subsection (1) above.

s. 60(3)

Where, as a result of the provisions of subsection (1) above, by virtue of his employment during any period after the day appointed for the coming into force of that subsection—any benefits provided to him by virtue of the contractual rights referred to in paragraph (a) above shall be taken as satisfying his entitlement to benefits under that Part of that Act.

s. 60(3)(a)

an employee has contractual rights against a health service body to benefits in the event of his redundancy, and

s. 60(3)(b)

he also has statutory rights against the health service body under Part XI of the Employment Rights Act 1996 (redundancy payments),

s. 60(4)

Nothing in subsection (1) above affects the extent of the expression “the services of the Crown” where it appears in—and, accordingly, services provided in pursuance of any power or duty of the Secretary of State under the National Health Service Act 2006 or Part I or Part III of the National Health Service (Scotland) Act 1978 shall continue to be regarded as included in that expression, whether the services are in fact provided by a health service body, a National Health Service trust or any other person.

s. 60(4)(a)

Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services of the Crown etc.); and

s. 60(4)(b)

sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown);

s. 60(5)

The Secretary of State may by order made by statutory instrument provide that, in relation to any enactment contained in a local Act and specified in the order, the operation of subsection (1) above shall be excluded or modified to the extent specified in the order.

s. 60(6)

No order shall be made under subsection (5) above unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

s. 60(7)

In this section “health service body” means—

s. 60(7)(a)

......... a Health Authority. . . ;

s. 60(7)(aa)

a Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006;

s. 60(7)(b)

a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;

s. 60(7)(ba)

Healthcare Improvement Scotland established under section 10A of that Act;

s. 60(7)(c)

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

s. 60(7)(d)

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

s. 60(7)(e)

the Common Services Agency for the Scottish Health Service;

s. 60(7)(f)

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

s. 60(7)(g)

the Scottish Dental Practice Board; . . .

s. 60(7)(h)

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s. 61 — Health service bodies: taxation.

s. 61(1)

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s. 61(2)

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s. 61(3)

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s. 61(3A)

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s. 61(3B)

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s. 61(3C)

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s. 61(4)

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s. 61(5)

At the end of Schedule 3 to the Inheritance Tax Act 1984 (gifts for national purposes) there shall be added—.

s. 61A — Health service bodies: stamp duty land tax

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s. 62 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 63 — Repeal of remaining provisions of Health Services Act 1976.

s. 63(1)

Part III (control of hospital building outside National Health Service) and Part IV (supplementary and general) of the Health Services Act 1976 shall cease to have effect.

s. 63(2)

Notwithstanding the repeal of Part III of the Health Services Act 1976 by this Act,—

s. 63(2)(a)

that Part shall continue to have effect in relation to any authorisation granted by the Secretary of State under section 13(2) of that Act which is in force when that repeal takes effect; and

s. 63(2)(b)

the amendment made by section 19(4)(b) of that Act shall continue to have effect.

s. 64 — Financial provisions.

s. 64(1)

There shall be paid out of moneys provided by Parliament—

s. 64(1)(a)

any sums required by the Secretary of State for making loans to a National Health Service trust;

s. 64(1)(b)

any sums required by the Secretary of State for fulfilling a guarantee of a sum borrowed by a National Health Service trust;

s. 64(1)(c)

any amount paid as public dividend capital under paragraph 5 of Schedule 3 to this Act;

s. 64(1)(d)

any expenses of the Secretary of State under this Act; and

s. 64(1)(e)

any increase attributable to this Act in the sums so payable under any other enactment.

s. 64(2)

Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

s. 65 — Regulations, orders and directions.

s. 65(1)

Any power to make regulations conferred by this Act shall be exercisable by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 65(2)

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

s. 66 — Amendments and repeals.

s. 66(1)

Schedule 9 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.

s. 66(2)

The enactments specified in Schedule 10 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

s. 67 — Short title, commencement and extent.

s. 67(1)

This Act may be cited as the National Health Service and Community Care Act 1990.

s. 67(2)

This Act, other than this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes and for different areas or descriptions of areas.

s. 67(3)

An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force.

s. 67(4)

. . . Part II, other than section 34, and Part IV of this Act do not extend to England and Wales; and Part III of this Act, other than subsections (3) and (4) of section 42, subsections (1) and (3) to (6) of section 44 and section 45, does not extend to Scotland.

s. 67(5)

This Act, other than sections 59 ,61 and 62 , does not extend to Northern Ireland.

s. 67(6)

The Secretary of State may by order made by statutory instrument provide that so much of this Act as extends to England and Wales shall apply to the Isles of Scilly with such modifications, if any, as are specified in the order and, except as provided in pursuance of this subsection, Parts I and III of this Act do not apply to the Isles of Scilly.

Sch 1

Health Authorities and Family Health Services Authorities

Sch 1

Sch 1 para 1

Sch 1 para 1(1)

A Regional Health Authority shall consist of—

Sch 1 para 1(1)(a)

a chairman appointed by the Secretary of State;

Sch 1 para 1(1)(b)

a prescribed number of members appointed by him;

Sch 1 para 1(1)(c)

the chief officer of the authority;

Sch 1 para 1(1)(d)

such other officers as may be prescribed; and

Sch 1 para 1(1)(e)

not more than a prescribed number of other officers of the authority appointed by the chairman and the members specified in paragraphs (b) and (c) above.

Sch 1 para 1(2)

Except in so far as regulations otherwise provide, no person who is an officer of the authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure)—

Sch 1 para 1(2)(a)

at least one of the persons appointed under sub-paragraph (1)(b) above must hold a post in a university with a medical or dental school; and

Sch 1 para 1(2)(b)

regulations may provide that all or any of the other persons appointed under sub-paragraph (1)(b) above must fulfil prescribed conditions or hold posts of a prescribed description.

Sch 1 para 2

Sch 1 para 2(1)

A District Health Authority for a district in England shall consist of—

Sch 1 para 2(1)(a)

a chairman appointed by the Secretary of State;

Sch 1 para 2(1)(b)

a prescribed number of members appointed by the Regional Health Authority whose region includes the district in question;

Sch 1 para 2(1)(c)

the chief officer of the authority;

Sch 1 para 2(1)(d)

such other officers as may be prescribed; and

Sch 1 para 2(1)(e)

not more than a prescribed number of other officers of the authority appointed by the chairman and the members specified in paragraphs (b) and (c) above.

Sch 1 para 2(2)

Except in so far as regulations otherwise provide, no person who is an officer of the authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure), but subject to sub-paragraph (3) below, regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) above must fulfil prescribed conditions or hold posts of a prescribed description.

Sch 1 para 2(3)

In the case of a prescribed authority, at least one of the persons appointed under sub-paragraph (1)(b) above must hold a post in a university with a medical or dental school.

Sch 1 para 3

Sch 1 para 3(1)

A District Health Authority for a district in Wales shall consist of—

Sch 1 para 3(1)(a)

a chairman appointed by the Secretary of State;

Sch 1 para 3(1)(b)

a prescribed number of members appointed by him;

Sch 1 para 3(1)(c)

the chief officer of the authority;

Sch 1 para 3(1)(d)

such other officers as may be prescribed; and

Sch 1 para 3(1)(e)

not more than a prescribed number of other officers of the authority appointed by the chairman and the members specified in paragraphs (b) and (c) above.

Sch 1 para 3(2)

Sub-paragraphs (2) and (3) of paragraph 2 above apply in relation to sub-paragraph (1) above as they apply in relation to sub-paragraph (1) of that paragraph.

Sch 1

Sch 1 para 4

Sch 1 para 4(1)

A Family Health Services Authority in England shall consist of—and, if the Secretary of State so directs, the Authority shall also include not more than a prescribed number of other officers of the Authority appointed by the chairman and the members appointed under paragraphs (b) and (c) above.

Sch 1 para 4(1)(a)

a chairman appointed by the Secretary of State;

Sch 1 para 4(1)(b)

a prescribed number of members appointed by the Regional Health Authority which (in accordance with Section 15(1A) of the principal Act) is the relevant Regional Health Authority in relation to the Family Health Services Authority; and

Sch 1 para 4(1)(c)

the chief officer of the Authority;

Sch 1 para 4(1)(d)

such other officers as may be prescribed;

Sch 1 para 4(2)

No person who is an officer of the Authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure), regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) above must fulfil prescribed conditions or hold posts of a prescribed description.

Sch 1 para 5

Sch 1 para 5(1)

A Family Health Services Authority in Wales shall consist of—and, if the Secretary of State so directs, the Authority shall also include not more than a prescribed number of other officers of the Authority appointed by the chairman and the members appointed under paragraphs (b) and (c) above.

Sch 1 para 5(1)(a)

a chairman appointed by the Secretary of State;

Sch 1 para 5(1)(b)

a prescribed number of members appointed by him; and

Sch 1 para 5(1)(c)

the chief officer of the Authority;

Sch 1 para 5(1)(d)

such other officers as may be prescribed;

Sch 1 para 5(2)

Sub-paragraph (2) of paragraph 4 above applies in relation to sub-paragraph (1) above as it applies in relation to sub-paragraph (1) of that paragraph.

Sch 1

Amendments of Part III of Schedule 5 to the Principal Act

Sch 1 para 6

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Sch 1 para 7

Sch 1 para 7(1)

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Sch 1 para 7(2)

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Sch 1 para 8

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Sch 1 para 9

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Sch 1 para 10

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Sch 2

Orders Under Section 5(1)

Sch 2 para 1 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 2 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 3 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 4 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 5 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2

Duties, Powers and Status

Sch 2 para 6 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 7 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 8 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 9 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 10 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 11 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 12 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 13 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 14 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 15 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 15A — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 16 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 17 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 18 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2

Supplementary Provisions

Sch 2 para 19 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 20 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 21 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 22 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 23 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 24 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 25 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 26 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 27 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 28 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2

Dissolution

Sch 2 para 29 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 30 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 31 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 2 para 32 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 3

Sch 3 para 1 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 3 para 2 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 3 para 3 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 3 para 4 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 3 para 5 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 3 para 5A — Supplementary payments

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Sch 3 para 6 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 3 para 7 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 3 para 8 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Sch 4

Sch 4 para 1

Sch 4 para 1(1)

In section 11 (establishment of Audit Commission), in subsection (1) after the words “Local Authorities” there shall be inserted “and the National Health Service”.

Sch 4 para 1(2)

In subsection (2) of that section,—

Sch 4 para 1(2)(a)

for the word “thirteen” there shall be substituted “fifteen”;

Sch 4 para 1(2)(b)

for the word “seventeen” there shall be substituted “twenty”; and

Sch 4 para 1(2)(c)

for paragraphs (a) and (b) there shall be substituted the words “such organisations and other bodies as appear to him to be appropriate”.

Sch 4 para 2

Sch 4 para 2(1)

In section 12 (accounts subject to audit), in subsection (2) after paragraph (e) there shall be inserted—.

Sch 4 para 2(2)

After subsection (3) of that section there shall be inserted the following subsections—

Sch 4 para 2(3)

After subsection (4) of that section there shall be inserted the following subsection—

Sch 4 para 3

Sch 4 para 3(1)

In section 13 (appointment of auditors), in each of subsections (3) and (4), after the word “body”, in the first place where it occurs, there shall be inserted “other than a health service body”.

Sch 4 para 3(2)

In subsection (5) of that section after the words “Secretary of State” there shall be inserted “or is a person for the time being approved by the Secretary of State, acting on the recommendation of the Commission”.

Sch 4 para 3(3)

After subsection (5) of that section there shall be inserted the following subsection—

Sch 4 para 4

Sch 4 para 4(1)

In section 14 (code of audit practice), at the end of subsection (1) there shall be added “and a different code may be prepared with respect to the audit of the accounts of health service bodies as compared with the code applicable to the accounts of other bodies”.

Sch 4 para 4(2)

At the end of the section there shall be added the following subsection—

Sch 4 para 5

In section 15 (general duties of auditors), in subsection (1)(a) after the words “section 23 below” there shall be inserted “or, in the case of a health service body, directions under subsection (2) or subsection (2B) of section 98 of the National Health Service Act 1977”.

Sch 4 para 6

In section 16 (auditor’s rights to obtain documents and information) after subsection (1) there shall be inserted the following subsection—

Sch 4 para 7

In section 17 (public inspection of accounts and right of challenge), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.

Sch 4 para 8

In section 18 (auditor’s reports), in subsection (4) after the word “Commission” there shall be inserted “and, in the case of a health service body, to the Secretary of State”.

Sch 4 para 9

In section 19 (declaration that item of account is unlawful), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.

Sch 4 para 10

In section 20 (recovery of amount not accounted for etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.

Sch 4 para 11

In section 21 (fees for audit), after subsection (2) there shall be inserted the following subsection—

Sch 4 para 12

Sch 4 para 12(1)

In section 22 (extraordinary audit), at the beginning of each of subsections (1) and (3) there shall be inserted “Subject to subsection (4A) below”.

Sch 4 para 12(2)

After subsection (4) of that section there shall be inserted the following subsection—

Sch 4 para 13

In section 23 (regulations as to accounts), in subsection (1) after the words “this Part of this Act” there shall be inserted “other than health service bodies”.

Sch 4 para 14

In section 24 (right of local government elector to inspect accounts etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than a health service body”.

Sch 4 para 15

At the end of section 25 (audit of accounts of officers) there shall be inserted the following subsection —

Sch 4 para 16

In section 25A (power of auditor to issue prohibition order), in subsection (1) after the words “Part of this Act”, in the first place where they occur, there shall be inserted “other than a health service body”.

Sch 4 para 17

In section 25D (power of auditor to apply for judicial review), in subsection (1) after the word “body”, in the first place where it occurs, there shall be inserted “other than a health service body”.

Sch 4 para 18

Sch 4 para 18(1)

In section 26 (studies for improving economy etc. in services), at the end of subsection (3) there shall be added “and, in the case of studies relating to a health service body, shall, on request, furnish to the Comptroller and Auditor General, all material relevant to the studies”.

Sch 4 para 18(2)

At the end of subsection (4) of that section there shall be added “and, in the case of any health service bodies, the Commission shall also consult the Secretary of State and the Comptroller and Auditor General”.

Sch 4 para 19

Sch 4 para 19(1)

In section 27 (reports on impact of statutory provisions etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than health service bodies”.

Sch 4 para 19(2)

At the end of that section there shall be added the following subsection—

Sch 4 para 20

Sch 4 para 20(1)

In section 29 (miscellaneous functions of Commission), at the end of subsection (2) there shall be added “or, in the case of a health service body, such other organisations as appear to the body to be appropriate”.

Sch 4 para 20(2)

At the end of subsection (3) of that section there shall be added “or the National Health Service”.

Sch 4 para 21

In section 30 (restriction on disclosure of information), in subsection (1)(b) after the words “Part of this Act” there shall be inserted “or, in the case of a health service body, for the purposes of the functions of the Secretary of State and the Comptroller and Auditor General under the National Health Service Act 1977”.

Sch 4 para 22

Sch 4 para 22(1)

In section 33 (commencement and transitional provisions) after subsection (4) there shall be inserted the following subsection—.

Sch 4 para 23

In section 36 (interpretation), in subsection (1),—

Sch 4 para 23(a)

in the definition of “the Commission” after the words “Local Authorities” there shall be inserted “and the National Health Service”; and

Sch 4 para 23(b)

after that definition there shall be inserted—.

Sch 4 para 24

Sch 4 para 24(1)

In Schedule 3 (provisions as to the Commission), in paragraph 3(3) for the word “and”, in the last place where it occurs, there shall be substituted “or, as the case may require, such organisations connected with the health service as appear to him to be appropriate and (in either case)”.

Sch 4 para 24(2)

At the beginning of paragraph 9 there shall be inserted “Subject to sub-paragraph (2) below” and at the end of the paragraph there shall be inserted—

Sch 5

Health Boards, the Common Services Agency and State Hospitals

Sch 5 para 1

Schedule 1 to the 1978 Act shall be amended in accordance with paragraphs 2 to 7 below.

Sch 5 para 2

After paragraph 2 of that Schedule (membership of Health Boards) there shall be inserted the following paragraph—

Sch 5 para 3

In paragraph 4 of that Schedule (remuneration), after the words “Health Board” there shall be inserted “and to such other members of a Health Board as may be prescribed”.

Sch 5 para 4

At the end of paragraph 5A of that Schedule there shall be added the words “and a direction under that paragraph may relate to a particular officer or servant or class of officer or servant specified in the direction”.

Sch 5 para 5

After paragraph 7 of that Schedule there shall be inserted the following paragraphs—

Sch 5 para 6

After paragraph 8 of that Schedule there shall be inserted the following paragraph—.

Sch 5 para 7

In paragraph 11(b) of that Schedule (delegation to committees etc), for the words “composed, as to a majority, by members of Health Boards” there shall be substituted “constituted in accordance with the regulations”.

Sch 5 para 8

Schedule 5 to the 1978 Act shall be amended in accordance with paragraphs 9 to 12 below.

Sch 5 para 9

In paragraph 3 of that Schedule (appointment of chairman and members) for the words from “other members appointed” to the end there shall be substituted “such other members as the Secretary of State may, after consultation with the Health Boards, appoint.”

Sch 5 para 10

In paragraph 3A of that Schedule (remuneration), after the words “management committee” there shall be inserted “and to such other members of the management committee as may be prescribed”.

Sch 5 para 11

After paragraph 7A of that Schedule there shall be inserted the following paragraphs—

Sch 5 para 12

After paragraph 8 of that Schedule there shall be inserted the following paragraphs—.

Sch 5 para 13

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Sch 6

Schedules to be inserted after Schedule 7 to the National Health Service (Scotland) Act 1978

Sch 7

Amendments relating to Audit of Accounts of Scottish Health Service Bodies

Sch 7 para 1

Part VII of the Local Government (Scotland) Act 1973 (finance) shall be amended in accordance with paragraphs 2 to 13 below.

Sch 7 para 2

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Sch 7 para 3

Sch 7 para 3(1)

Section 97 (establishment of Commission for Local Authority Accounts in Scotland) shall be amended as follows.

Sch 7 para 3(2)

In subsection (1)—

Sch 7 para 3(2)(a)

for the words “Commission for Local Authority Accounts in Scotland” there shall be substituted “Accounts Commission for Scotland”;

Sch 7 para 3(2)(b)

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Sch 7 para 3(2)(c)

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Sch 7 para 3(2)(d)

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Sch 7 para 3(3)

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Sch 7 para 3(4)

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Sch 7 para 3(5)

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Sch 7 para 3(6)

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Sch 7 para 3(7)

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Sch 7 para 4

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Sch 7 para 5

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Sch 7 para 6

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Sch 7 para 7

Sch 7 para 7(1)

Section 100 (auditor’s right of access to documents) shall be amended as follows.

Sch 7 para 7(2)

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Sch 7 para 7(3)

After subsection (1) there shall be inserted the following subsection—

Sch 7 para 7(4)

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Sch 7 para 8

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Sch 7 para 9

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Sch 7 para 10

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Sch 7 para 11

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Sch 7 para 12

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Sch 7 para 13

In Schedule 8 (provisions as to the Commission), for the words “Commission for Local Authority Accounts in Scotland” in both places where they occur there shall be substituted “Accounts Commission for Scotland”.

Sch 7 para 14

Sch 7 para 14(1)

Section 86 of the National Health Service (Scotland) Act 1978 (keeping and audit of accounts of certain Scottish health bodies) shall be amended as follows.

Sch 7 para 14(2)

In subsections (1) and (1A), for the words “by auditors appointed by the Secretary of State” there shall be substituted “in accordance with Part VII of the Local Government (Scotland) Act 1973 by auditors appointed by the Accounts Commission for Scotland”.

Sch 7 para 14(3)

After subsection (1B) there shall be inserted the following subsection—

Sch 7 para 14(4)

Subsection (2) shall cease to have effect.

Sch 7 para 15

Without prejudice to any express amendment made by this Act, for any reference in any enactment (including an enactment comprised in subordinate legislation) to the Commission for Local Authority Accounts in Scotland there shall be substituted a reference to the Accounts Commission for Scotland.

Sch 8

Provisions arising out of removal of Crown Immunities from Health Service Bodies

Sch 8

Amendments Continuing Certain Statutory Exemptions

Sch 8 para 1

In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2) after the words “sub-section (1)(a) above” there shall be inserted—.

Sch 8 para 2

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Sch 8 para 3

At the end of section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business) there shall be added the following subsection—

Sch 8 para 4

In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security) in subsection (2) after paragraph (d) there shall be inserted the following paragraphs—.

Sch 8

Consequential Amendments

Sch 8 para 5

In the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (procedure for authorising compulsory purchases), after paragraph 10 there shall be inserted the following paragraph—

Sch 8 para 6

In section 128 of the Town and Country Planning Act 1971 (use and development of consecrated land and burial grounds) after subsection (4) there shall be inserted the following subsection—

Sch 8 para 7

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Sch 8 para 8

Sch 8 para 8(1)

At the end of section 16 of the Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase) there shall be added the following subsection—.

Sch 8 para 8(2)

In section 17 of that Act (local authority and statutory undertakers’ land) at the end of subsection (2) there shall be inserted the following subsection—

Sch 8 para 9

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Sch 8 para 10

In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), at the end of Ground 16 (dwelling-house let in consequence of employment by the landlord) there shall be added the following paragraph—

Sch 8 para 11

In Schedule 5 to the Housing (Scotland) Act 1988 (grounds for possession of houses let on assured tenancies) at the end of Ground 17 (house let in consequence of employment by the landlord) there shall be added the following paragraph—

Sch 8

Transitional Provisions

Sch 8 para 12

In this Part of this Schedule—

Sch 8 para 12(a)

“the appointed day” means the day appointed for the coming into force of subsection (1) of section 60 of this Act;

Sch 8 para 12(b)

“functional health service land” means land which for the time being falls within paragraph (a) or paragraph (b) of that subsection;

Sch 8 para 12(c)

“health service body” has the same meaning as in that section; and

Sch 8 para 12(d)

“NHS trust” means such a trust established under Part I of this Act or the National Health Service (Scotland) Act 1978.

Sch 8 para 13

Sch 8 para 13(1)

Notwithstanding section 60(1) of this Act, where, on or after the appointed day, relevant work is carried out by or on behalf of a health service body or an NHS trust—Part II of that Act shall apply to the relevant work as if it were being carried out before the appointed day.

Sch 8 para 13(1)(a)

in relation to a building which is, immediately before the appointed day, a Crown building within the meaning of section 26(3) of the Building (Scotland) Act 1959 (application to the Crown); or

Sch 8 para 13(1)(b)

in constructing a building which, if it had been constructed before the appointed day, would have been a Crown building within the meaning of that provision,

Sch 8 para 13(2)

In sub-paragraph (1) above, “relevant work” means work in respect of which, before the appointed day, a health service body has granted a certificate that the detail design has been completed.

Sch 8 para 14

Sch 8 para 14(1)

In any case where—then, on and after the appointed day and until the application is determined, the health service body or NHS trust concerned shall be treated for all purposes as if it held a licence or, as the case may be, a certificate of the description applied for.

Sch 8 para 14(1)(a)

before the appointed day, a health service body or an NHS trust has made an application for a licence under Part II of the Medicines Act 1968 or any such application as is referred to in section 36 of that Act (applications for clinical trial and animal test certificates), and

Sch 8 para 14(1)(b)

the application was accompanied by a declaration under paragraph (a) or paragraph (b) of sub-paragraph (2) below, and

Sch 8 para 14(1)(c)

the application has not been determined before the appointed day,

Sch 8 para 14(2)

The declarations referred to in sub-paragraph (1)(b) above are,—

Sch 8 para 14(2)(a)

in the case of a health service body, that, at the date of the application, the body was carrying on activities which, after the appointed day, it would be unlawful to carry on except in accordance with a licence or certificate of the description applied for; and

Sch 8 para 14(2)(b)

in the case of an NHS trust, that the trust has been established to assume responsibility for the ownership and management of a hospital or other establishment or facility and, at the date of the application, a health service body was carrying on at that hospital, establishment or facility activities which it is unlawful for the NHS trust to carry on except in accordance with a licence or certificate of the description applied for.

Sch 8 para 14(3)

For the purposes of sub-paragraph (1) above, an application is determined when the licensing authority—

Sch 8 para 14(3)(a)

grant a licence or, as the case may be, certificate to the applicant (whether or not in accordance with the application); or

Sch 8 para 14(3)(b)

notify the applicant of their refusal to grant a licence or certificate on the application.

Sch 8 para 14(4)

Expressions used in sub-paragraphs (1) to (3) above have the same meaning as in sections 18 to 22 of the Medicines Act 1968 (applications for, and grant of, licences), including, where applicable, any of those sections as applied by subsection (3) of section 36 of that Act in relation to applications falling within subsection (1) of that section.

Sch 8 para 15

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Sch 8 para 16

Sch 8 para 16(1)

This paragraph applies if—

Sch 8 para 16(1)(a)

before the appointed day, notice of any proposed development has been given to a local planning authority in accordance with arrangements relating to development by government departments; and

Sch 8 para 16(1)(b)

the development relates to land which, at the time the notice was given, was functional health service land; and

Sch 8 para 16(1)(c)

the proposed development has not been carried out before the appointed day.

Sch 8 para 16(2)

So far as relates to the carrying out of the development of which notice was given as mentioned in sub-paragraph (1)(a) above, for the purposes of the arrangements referred to in that paragraph and of the Town and Country Planning Act 1971,—

Sch 8 para 16(2)(a)

the carrying out of the development shall continue to be regarded as being by or on behalf of the Crown; and

Sch 8 para 16(2)(b)

so long as the interest of the Secretary of State in the land referred to in sub-paragraph (1)(b) above continues on and after the appointed day to be held in fact by the Secretary of State or an NHS trust, that interest shall be regarded as continuing to be an interest of, or held on behalf of, the Crown.

Sch 8 para 16(3)

Subject to paragraph 12 above, expressions used in sub-paragraphs (1) and (2) above have the same meaning as in the Town and Country Planning Act 1971.

Sch 8 para 17

Sch 8 para 17(1)

This paragraph applies if—

Sch 8 para 17(1)(a)

before the appointed day, notice of any proposed development has been given to a planning authority in accordance with arrangements relating to development by government departments; and

Sch 8 para 17(1)(b)

the development relates to land which, at the time the notice was given, was functional health service land; and

Sch 8 para 17(1)(c)

the proposed development has not been carried out before the appointed day.

Sch 8 para 17(2)

So far as relates to the carrying out of the development of which notice was given as mentioned in sub-paragraph (1)(a) above, for the purposes of the arrangements referred to in that paragraph and of the Town and Country Planning (Scotland) Act 1997—

Sch 8 para 17(2)(a)

the carrying out of the development shall continue to be regarded as being by or on behalf of the Crown; and

Sch 8 para 17(2)(b)

so long as the interest of the Secretary of State in the land referred to in sub-paragraph (1)(b) above continues on and after the appointed day to be held in fact by the Secretary of State or an NHS trust, that interest shall be regarded as continuing to be an interest of, or held on behalf of, the Crown.

Sch 8 para 17(3)

Subject to paragraph 12 above, expressions used in sub-paragraphs (1) and (2) above have the same meaning as in the Town and Country Planning (Scotland) Act 1997.

Sch 8 para 18

Sch 8 para 18(1)

If, immediately before the appointed day, approved work is proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) the fact that, on or after the appointed day, the work may be carried out by or on behalf of a health service body or an NHS trust shall not prevent it continuing to be regarded for the purposes of Part I of the Building Act 1984 as work carried out by a Crown authority.

Sch 8 para 18(2)

Subject to sub-paragraph (3) below, expressions used in sub-paragraph (1) above have the same meaning as in section 44 of the Building Act 1984 (application of Part I to Crown).

Sch 8 para 18(3)

Any reference in sub-paragraph (1) above to approved work is a reference to work in respect of which, before the appointed day, either a contract for carrying it out was entered into or all necessary design certificates were signed in accordance with arrangements relating to compliance with the substantive requirements of building regulations by Regional and District Health Authorities and certain Special Health Authorities.

Sch 8 para 19

Sch 8 para 19(1)

This paragraph applies to a tenancy—

Sch 8 para 19(1)(a)

which was entered into before the appointed day; and

Sch 8 para 19(1)(b)

which is of land in England or Wales which, immediately before the appointed day, was functional health service land.

Sch 8 para 19(2)

If and so long as the interest of the landlord under a tenancy to which this paragraph applies continues on and after the appointed day to belong in fact either to the Secretary of State or to an NHS trust, it shall be taken to belong to a government department for the purposes of—

Sch 8 para 19(2)(a)

paragraph 11 of Schedule 1 to the Housing Act 1988 (Crown tenancies entered into after the commencement of Part I of that Act not to be assured tenancies); or

Sch 8 para 19(2)(b)

section 13 of the Rent Act 1977 (earlier Crown tenancies not to be protected tenancies).

Sch 8 para 19(3)

Expressions used in sub-paragraphs (1) and (2) above have the same meaning as in Part I of the Housing Act 1988 or, as the case may require, the Rent Act 1977.

Sch 8 para 20

Sch 8 para 20(1)

This paragraph applies to a tenancy—

Sch 8 para 20(1)(a)

which was entered into before the appointed day; and

Sch 8 para 20(1)(b)

which is of land in Scotland which, immediately before the appointed day, was functional health service land.

Sch 8 para 20(2)

If and so long as the interest of the landlord under a tenancy to which this paragraph applies continues on and after the appointed day to belong in fact either to the Secretary of State or to an NHS trust, it shall be taken to belong to a government department for the purposes of—

Sch 8 para 20(2)(a)

paragraph 10 of Schedule 4 to the Housing (Scotland) Act 1988 (Crown tenancies entered into after the commencement of that Schedule not to be assured tenancies); or

Sch 8 para 20(2)(b)

section 4 of the Rent (Scotland) Act 1984 (earlier Crown tenancies not to be protected tenancies).

Sch 8 para 20(3)

Expressions used in sub-paragraphs (1) and (2) above have the same meaning as in Part II of the Housing (Scotland) Act 1988 or, as the case may be, the Rent (Scotland) Act 1984.

Sch 9

Minor and Consequential Amendments

Sch 9 para 1

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

Sch 9 para 2

In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions)—

Sch 9 para 2(a)

in the definition of “voluntary hospital”, after the words “of the rates” there shall be inserted “or which is vested in an NHS trust”; and

Sch 9 para 2(b)

after the definition of “committee of management” there shall be inserted—

Sch 9 para 3

In section 10(3)(a) (interpretation) of the Nursing Homes Registration (Scotland) Act 1938, after the words “local authority” there shall be inserted the words “or a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978.”.

Sch 9 para 4

In section 1(3) of the Public Health (Scotland) Act 1945 (regulations with regard to treatment and prevention of spread of certain diseases)—

Sch 9 para 4(a)

after the words “Health Boards” there shall be inserted the words “or National Health Service trusts established under section 12A of the National Health Service (Scotland) Act 1978”; and

Sch 9 para 4(b)

in the proviso to that subsection, after the word “Board” there shall be inserted the words “National Health Service trust,”.

Sch 9 para 5

Sch 9 para 5(1)

At the beginning of subsection (4) of section 21 of the National Assistance Act 1948 (accommodation provided under section 21 to be provided in premises managed by a local authority) there shall be inserted “Subject to the provisions of section 26 of this Act”.

Sch 9 para 5(2)

For paragraphs (b) and (c) of subsection (7) of that section (which enable health services to be provided on premises where accommodation is provided under that section) there shall be substituted—

Sch 9 para 5(3)

At the end of subsection (8) of that section (which excludes from that section provision required to be made by a local authority under other enactments) there shall be inserted “or authorised or required to be provided under the National Health Service Act 1977”.

Sch 9 para 5(4)

In section 24 of that Act (authority liable for provision of accommodation)—

Sch 9 para 5(4)(a)

in subsection (6) for the words from “patient” to “shall” there shall be substituted “patient in a hospital vested in the Secretary of State or an NHS trust shall”; and

Sch 9 para 5(4)(b)

at the end there shall be added—

Sch 9 para 5(5)

In section 26 of that Act (provision of accommodation in premises maintained by voluntary organisations etc.)—

Sch 9 para 5(5)(a)

in subsection (2) the words “subsection (1) of” shall be omitted;

Sch 9 para 5(5)(b)

after subsection (4) there shall be inserted—;

Sch 9 para 5(5)(c)

in subsection (5) the words “subsection (1) of” shall be omitted.

Sch 9 para 5(6)

Subsections (2) and (3) of section 35 of that Act (duty of authorities to exercise functions under Part III of that Act in accordance with regulations) shall cease to have effect.

Sch 9 para 5(7)

Section 36 of that Act (default powers of Minister) shall cease to have effect.

Sch 9 para 5(8)

Section 54 of that Act (which enables inquiries to be held for the purposes of that Act) shall cease to have effect.

Sch 9 para 5(9)

In paragraph (f) of section 65 of that Act (application to Scotland)—

Sch 9 para 5(9)(a)

the words “Part IV of” shall cease to have effect;

Sch 9 para 5(9)(b)

at the end there shall be inserted “or section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,”.

Sch 9 para 6

In Schedule 1 to the Public Records Act 1958 (definition of public records), in the Table in Part I, in the entry relating to the Department of Health, in the second column—

Sch 9 para 6(a)

after the words “National Health Service Authorities” there shall be inserted “including National Health Service trusts”; and

Sch 9 para 6(b)

for the words “National health service hospitals” there shall be substituted “health service hospitals, within the meaning of the National Health Service Act 1977”.

Sch 9 para 7

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

Sch 9 para 8

In section 1 of the Abortion Act 1967 (medical termination of pregnancy), in subsection (3) after the words “National Health Service (Scotland) Act 1978” there shall be inserted “or in a hospital vested in a National Health Service trust”.

Sch 9 para 9

In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes)—

Sch 9 para 9(a)

in subsection (5)(d) for the words “and any special health authority” there shall be substituted “any special health authority and any National Health Service trust”; and

Sch 9 para 9(b)

in subsection (6)(c) for the words “or special health authority” there shall be substituted “special health authority or National Health Service trust”.

Sch 9 para 10

Sch 9 para 10(1)

The Social Work (Scotland) Act 1968 shall be amended as follows.

Sch 9 para 10(2)

In section 2 (the social work committee), in subsection (2) after paragraph (k) there shall be inserted—

Sch 9 para 10(3)

In section 4 (provisions relating to performance of functions by local authorities), after the word “Act”, there shall be inserted the words “or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984,”.

Sch 9 para 10(4)

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

Sch 9 para 10(5)

In section 12 (general social welfare services of local authorities) at the end there shall be inserted—

Sch 9 para 10(6)

In section 14 (home help), for the words—

Sch 9 para 10(6)(a)

“home help”, where they first occur there shall be substituted the words “domiciliary services”;

Sch 9 para 10(6)(b)

“help is”, there shall be substituted the words “services are”; and

Sch 9 para 10(6)(c)

“home help is”, there shall be substituted the words “domiciliary services are”.

Sch 9 para 10(7)

In section 59(1) (provision of residential and other establishments), at the beginning there shall be inserted the words “Subject to section 13A of this Act,”.

Sch 9 para 10(8)

In section 61(1A) (definition of “establishment”)—

Sch 9 para 10(8)(a)

after the word “include” there shall be inserted “(a)”; and

Sch 9 para 10(8)(b)

at the end of the definition of “establishment” there shall be inserted—.

Sch 9 para 10(9)

In subsection (1) of section 67 (inspection of establishments by local authorities)—

Sch 9 para 10(9)(a)

for the words “duly authorised officer of” there shall be substituted the words “person duly authorised by”;

Sch 9 para 10(9)(b)

for the words “required to be kept therein by virtue of this Part of this Act” there shall be substituted the words “(in whatever form they are held) relating to the place or to any person for whom services have been or are provided there by virtue of this Act or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984”;

Sch 9 para 10(9)(c)

after the words “subsections (2)”, there shall be inserted the words “to (2D)”;

Sch 9 para 10(9)(d)

for the words “an officer”, where they first occur, there shall be substituted the words “a person”; and

Sch 9 para 10(9)(e)

for the words “an officer of” there shall be substituted the words “a person authorised by”.

Sch 9 para 10(10)

In subsection (2) of the said section 67, for the word “officer”, in both places where it occurs, there shall be substituted the word “person”.

Sch 9 para 10(11)

In subsection (1)(d) of section 86 (adjustments between authority providing accommodation etc., and authority of area of residence), at the end there shall be inserted—.

Sch 9 para 10(12)

In subsection (3) of the said section 86, after the words “1978” there shall be inserted the words “or in a hospital managed by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978”.

Sch 9 para 10(13)

In section 87 (charges for services and accommodation),—

Sch 9 para 10(13)(a)

in subsection (1), after the words “under this Act”, there shall be inserted the words “or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984”;

Sch 9 para 10(13)(b)

in subsection (1A), after the words “under this Act”, there shall be inserted the words “or section 7 or 8 of the said Act of 1984”;

Sch 9 para 10(13)(c)

in subsections (2), (3) and (4), after the words “under this Act”, there shall be inserted the words “or section 7 of the said Act of 1984;” and

Sch 9 para 10(13)(d)

in subsection (4), after the word “organisation” there shall be inserted the words “or any other person or body”.

Sch 9 para 10(14)

In subsection (1) of section 94 (interpretation),—

Sch 9 para 10(14)(a)

after the definition of “contributor” there shall be inserted the following definition—; and

Sch 9 para 10(14)(b)

in the definition of “hospital”, after the words “1978” there shall be inserted—.

Sch 9 para 11

In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee)—

Sch 9 para 11(a)

in the entry relating to the Children Act 1989, in the second column after the words “health authorities” there shall be inserted “National Health Service trusts”;

Sch 9 para 11(b)

for the entry relating to section 6 of the Local Authority Social Services Act 1970 there shall be substituted—; and

Sch 9 para 11(c)

at the end of that Schedule there shall be inserted—

Sch 9 para 12

In section 2(1) of the Chronically Sick and Disabled Persons Act 1970, the words from “to the provisions” in the first place where they occur, to “the purpose) and” shall be omitted and after the words “Secretary of State)” there shall be inserted “and to the provisions of section 7A of that Act (which requires local authorities to exercise their social services functions in accordance with directions given by the Secretary of State)”.

Sch 9 para 13

In section 113 of the Local Government Act 1972 (placing of staff at disposal of other bodies),—

Sch 9 para 13(a)

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

Sch 9 para 13(b)

at the end there shall be added the following subsection—

Sch 9 para 14

In section 462 (interpretation) of the Criminal Procedure (Scotland) Act 1975, in paragraph (a) of the definition of “hospital”, after the words “Secretary of State” there shall be inserted the words “or in a National Health Service trust”.

Sch 9 para 15

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

Sch 9 para 16

In section 99(1)(b) of the Children Act 1975 (inquiries in Scotland) the words “paragraph (a) of section 1(4) and” shall cease to have effect and after the word “(h)” there shall be inserted “to (k)”.

Sch 9 para 17

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

Sch 9 para 18

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

Sch 9 para 19

Sch 9 para 19(1)

In section 2 of the National Health Service (Scotland) Act 1978 (Health Boards), in subsection (5) after the words “subsection (1)” there shall be inserted “and in exercising any function otherwise conferred on them by or under this Act”.

Sch 9 para 19(2)

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

Sch 9 para 19(3)

In section 12 of that Act (Scottish Hospital Endowments Research Trust), after subsection (4) there shall be inserted the following subsections—

Sch 9 para 19(4)

In section 13 of that Act (co-operation between Health Boards and other authorities), after the word “Boards,” there shall be inserted “NHS trusts,”.

Sch 9 para 19(5)

In subsection (1)(a) of section 13A of that Act (co-operation in planning of services for disabled persons, the elderly and others) for the words from “being” to the end there shall be substituted the words “by Health Boards and such of the authorities mentioned in that section as may be concerned;”.

Sch 9 para 19(6)

For paragraph (b) of subsection (2) of section 25 of that Act (arrangements for provision of general dental services) there shall be substituted the following paragraph—.

Sch 9 para 19(7)

In section 27 of that Act (arrangements for provision of pharmaceutical services)—

Sch 9 para 19(7)(a)

in subsection (1)—

Sch 9 para 19(7)(a)(i)

for the word “supply” there shall be substituted “provision”;

Sch 9 para 19(7)(a)(ii)

in paragraph (b), after the word “Board” there shall be inserted “or by an NHS trust”;

Sch 9 para 19(7)(a)(iii)

at the end of paragraph (c) there shall be inserted—;and

Sch 9 para 19(7)(a)(iv)

for the words “services provided in accordance with the arrangements are” there shall be substituted “provision of drugs, medicines, appliances and services in accordance with the arrangements is”;

Sch 9 para 19(7)(b)

in subsection (2), after the word “mentioned” in the second place where it occurs there shall be inserted “, or to whom services mentioned in subsection (1)(d) are to be provided,”;

Sch 9 para 19(7)(c)

in subsections (3)(b), (c) and (d) and (4), before the word “services” in each place where it occurs there shall be inserted “pharmaceutical”; and

Sch 9 para 19(7)(d)

in subsection (4)(d) for the words “a prescribed criterion” there shall be substituted “prescribed criteria”.

Sch 9 para 19(8)

In section 28(2) of that Act (persons authorised to provide pharmaceutical services)—

Sch 9 para 19(8)(a)

after the word “medicines” in the first place where it occurs there shall be inserted “or the provision of pharmaceutical services”;

Sch 9 para 19(8)(b)

after the word “undertake” there shall be inserted “(a)”;

Sch 9 para 19(8)(c)

for the word “supplied” there shall be substituted “provided”; and

Sch 9 para 19(8)(d)

after the word “dispensed” there shall be inserted—.

Sch 9 para 19(9)

In section 55(1) (hospital accommodation on part payment) of that Act, after the word “hospital” there shall be inserted the words “vested in the Secretary of State”.

Sch 9 para 19(10)

In section 57(1) (accommodation and services for private patients), after the word “hospital” where it first occurs there shall be inserted “vested in the Secretary of State”.

Sch 9 para 19(11)

In section 73 of that Act (charges for more expensive supplies) at the end there shall be inserted—.

Sch 9 para 19(12)

In section 74 of that Act (charges for repairs and replacement in certain cases), after paragraph (b) there shall be inserted—.

Sch 9 para 19(13)

In section 75A of that Act (remission and repayment of charges and payment of travelling expenses)—

Sch 9 para 19(13)(a)

in subsection (1), at the end there shall be inserted—; and

Sch 9 para 19(13)(b)

in subsection (2), for the words “or (c)” there shall be substituted the words “, (c) or (d)”.

Sch 9 para 19(14)

In section 77 of that Act (default powers), after paragraph (a) of subsection (1) there shall be inserted—.

Sch 9 para 19(15)

In section 79 of that Act (purchase of land and moveable property)—

Sch 9 para 19(15)(a)

in subsection (1), after the word “Act” where it first appears there shall be inserted the words “and may take any such property or land on lease,”; and

Sch 9 para 19(15)(b)

in subsection (2), after the word “(1),” there shall be inserted the words “other than on lease”.

Sch 9 para 19(16)

In section 84 of that Act (power of trustees to make payments to Health Boards)—

Sch 9 para 19(16)(a)

in subsection (1), after the words “Health Board” where they—

Sch 9 para 19(16)(a)(i)

second occur, there shall be inserted the words “or an NHS trust”; and

Sch 9 para 19(16)(a)(ii)

third occur, there shall be inserted the words “or NHS trust”;

Sch 9 para 19(16)(b)

in subsection (2)—

Sch 9 para 19(16)(b)(i)

after the words “Health Board” there shall be inserted the words “or NHS trust”; and

Sch 9 para 19(16)(b)(ii)

after the word “Boards” there shall be inserted the words “or NHS trusts”. and

Sch 9 para 19(16)(c)

in subsection (3), after the words “Health Board” there shall be inserted the words “or an NHS trust”.

Sch 9 para 19(17)

In section 84A of that Act (power to raise money by appeals etc)—

Sch 9 para 19(17)(a)

in subsection (1), after the word “Board” there shall be inserted “or NHS trust”; and

Sch 9 para 19(17)(b)

in subsections (3) to (7), after the word “Board” in each place where it occurs there shall be inserted “, NHS trust”.

Sch 9 para 19(18)

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

Sch 9 para 19(19)

In section 101 of that Act (protection of health bodies and their officers), after the word “Board” there shall be inserted “, an NHS trust”.

Sch 9 para 19(20)

In section 102(1) of that Act (management of state hospitals), for the word “90(2)” there shall be substituted “91(2)”.

Sch 9 para 19(21)

In section 105 of that Act (orders, regulations and directions)—

Sch 9 para 19(21)(a)

after subsection (1) there shall be inserted the following subsection—;

Sch 9 para 19(21)(b)

in subsection (4), after the words “10(3) to (5)” there shall be inserted the words “12A(1), 12A(8), 12E(1), 12G(2),”; and

Sch 9 para 19(21)(c)

at the end of the said subsection (4) there shall be inserted the words “paragraph 25(1) of Schedule 7A and paragraph 3 of Schedule 7B”.

Sch 9 para 19(22)

In section 108(1) of that Act (interpretation)—

Sch 9 para 19(22)(a)

in the definition of “Health Board”, for the word “board” there shall be substituted the words “Health Board”;

Sch 9 para 19(22)(b)

at the end of the definition of “health service hospital” there shall be added “or vested in an NHS trust”;

Sch 9 para 19(22)(c)

after the definition of “modifications” there shall be inserted—;and;

Sch 9 para 19(22)(d)

after the definition of “officer” there shall be inserted—;and

Sch 9 para 19(22)(e)

after the definition of “the Research Trust” there shall be inserted—.

Sch 9 para 19(23)

In section 110 of that Act (citation, extent and commencement)—

Sch 9 para 19(23)(a)

in subsection (2), for the words “subsection (3)” there shall be substituted “subsections (2A) and (3)”; and

Sch 9 para 19(23)(b)

after subsection (2) there shall be inserted—

Sch 9 para 19(24)

In Schedule 6 to that Act (the Hospital Trust)—

Sch 9 para 19(24)(a)

in paragraph 4(c), after the words “Health Boards” there shall be inserted the words “and NHS trusts”;

Sch 9 para 19(24)(b)

after paragraph 4(e) there shall be inserted—;

Sch 9 para 19(24)(c)

in paragraph 4(f)—

Sch 9 para 19(24)(c)(i)

after the words “paragraph (e)” there shall be inserted the words “or, as the case may be, 0paragraph (ea)”; and

Sch 9 para 19(24)(c)(ii)

after the words “Health Board” there shall be inserted the words “or, as the case may be, by an NHS Trust”;

Sch 9 para 19(24)(d)

in paragraph 6(2), after the words “Health Boards” there shall be inserted the words “or NHS trusts”;

Sch 9 para 19(24)(e)

in paragraph 7(1), after the words “Health Boards” there shall be inserted the words “, NHS trusts”;

Sch 9 para 19(24)(f)

in paragraph 7(2), after the words “Health Boards” there shall be inserted the words “, NHS trusts”; and

Sch 9 para 19(24)(g)

in paragraph 7(3), at the end there shall be inserted—

Sch 9 para 20

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

Sch 9 para 21

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

Sch 9 para 22

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

Sch 9 para 23

In the Acquisition of Land Act 1981, in section 17 (local authority and statutory undertakers’ land), in subsection (4), in the definition of “statutory undertakers” after paragraph (a) there shall be inserted—.

Sch 9 para 24

Sch 9 para 24(1)

In section 12 of the Mental Health Act 1983 (general provisions as to medical recommendations), in subsection (3) after the words “National Health Service Act 1977” there shall be inserted “or paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990”.

Sch 9 para 24(2)

In section 19 of that Act (regulations as to transfer of patients), in subsection (3)—

Sch 9 para 24(2)(a)

after the words “such a hospital” there shall be inserted “or in a hospital vested in a National Health Service trust”, and

Sch 9 para 24(2)(b)

for the words from “for which the managers” to “also the managers”, there shall be substituted “which is managed by the managers of, or is vested in the National Health Service trust for, the first-mentioned hospital”.

Sch 9 para 24(3)

In section 23 of that Act (discharge of patients)—

Sch 9 para 24(3)(a)

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

Sch 9 para 24(3)(b)

in subsection (4), after the word “exercised” there shall be inserted “subject to subsection (5) below” and after the word “authority”, in each place in which it occurs, there shall be inserted “trust”, and

Sch 9 para 24(3)(c)

after subsection (4) there shall be inserted the following subsection—

Sch 9 para 24(4)

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

Sch 9 para 24(5)

In section 32 of that Act (regulations for purposes of Part II), in subsection (3) . . . and for the words “and authorities” there shall be inserted “authorities and trusts”.

Sch 9 para 24(6)

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

Sch 9 para 24(7)

In section 139 of that Act (protection for acts done in pursuance of the Act), at the end of subsection (4) there shall be inserted “or against a National Health Service trust established under the National Health Service and Community Care Act 1990”.

Sch 9 para 24(8)

In section 140 of that Act (notification of hospitals having arrangements for reception of urgent cases) after the words “administered by” there shall be inserted “or otherwise available to”.

Sch 9 para 24(9)

In section 145(1) of that Act (definitions) in the definition of “the managers”, after paragraph (b) there shall be inserted the following paragraph—.

Sch 9 para 25

Sch 9 para 25(1)

In section 17 of the Health and Social Services and Social Security Adjudications Act 1983 (charges for local authority services in England and Wales) after paragraph (e) of subsection (2) (services to which that section applies) there shall be inserted “other than the provision of services for which payment may be required under section 22 or 26 of the National Assistance Act 1948”.

Sch 9 para 25(2)

In subsection (8) of section 21 of that Act (recovery of sums due to local authority where persons in residential accommodation have disposed of assets), at the end there shall be inserted the words “or section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,”.

Sch 9 para 26

Sch 9 para 26(1)

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

Sch 9 para 26(2)

In section 37 of that Act (removal to hospital of person with notifiable disease), in subsection (1)—

Sch 9 para 26(2)(a)

in paragraph (c) after the words “Secretary of State” there shall be inserted “or, pursuant to arrangements made by a District Health Authority (whether under an NHS contract or otherwise), in a suitable hospital vested in a NHS trust or other person”; . . .

Sch 9 para 26(2)(b)

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

Sch 9 para 26(3)

In section 41 of that Act (removal to hospital of inmate of common lodging-house with notifiable disease), in subsection (1)—

Sch 9 para 26(3)(a)

in paragraph (c) after the words “Secretary of State” there shall be inserted “or, pursuant to arrangements made by a District Health Authority (whether under an NHS contract or otherwise) in a suitable hospital vested in an NHS trust or any other person”; . . .

Sch 9 para 26(3)(b)

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

Sch 9 para 26(4)

In section 74 of that Act (definitions) after the definition of “London port health authority” there shall be inserted—.

Sch 9 para 27

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

Sch 9 para 28

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

Sch 9 para 29

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

Sch 9 para 30

Sch 9 para 30(1)

In section 2 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (rights of authorised representatives of disabled persons), in subsection (5) (by virtue of which a disabled person’s authorised representative may visit and interview him in various categories of accommodation)—

Sch 9 para 30(1)(a)

in paragraph (a) (hospital accommodation) after the words “the 1977 Act” there shall be inserted “or by a National Health Service trust established under the provisions of the National Health Service and Community Care Act 1990” and after the words “the 1978 Act” there shall be inserted “or by a National Health Service trust established under that Act”;

Sch 9 para 30(1)(b)

in paragraph (c) (accommodation provided by a voluntary organisation in accordance with arrangements made under section 26 of the National Assistance Act 1948) after the word “organisation”, in the first place where it occurs, there shall be inserted the words “or other person”; and

Sch 9 para 30(1)(c)

in paragraph (cc) (which is inserted by paragraph 59(4) of Schedule 13 to the Children Act 1989) after the word “organisation” there shall be inserted the words “or other person”.

Sch 9 para 30(2)

In section 7 of that Act (persons discharged from hospital), in subsection (9), in the definition of “managers” the word “and” at the end of paragraph (c) shall be omitted and after that paragraph there shall be inserted—.

Sch 9 para 31

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

Sch 9 para 32

Sch 9 para 32(1)

Section 1 of the AIDS (Control) Act 1987 (periodical reports on matters relating to AIDS and HIV) shall be amended as follows—

Sch 9 para 32(1)(a)

in subsection (1), in paragraph (b) . . . at the end of sub-paragraph (iii) there shall be inserted—;

Sch 9 para 32(1)(b)

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

Sch 9 para 32(1)(c)

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

Sch 9 para 32(1)(d)

at the end there shall be added—

Sch 9 para 32(2)

In the Schedule to that Act (contents of reports), after the word “Authority”, in each place in which that word appears, there shall be inserted “NHS trust”.

Sch 9 para 33

In section 1 of the Community Health Councils (Access to Information) Act 1988 (access to meetings and documents of Community Health Councils), in subsection (6)(a) after the words “exercises functions” there shall be inserted “or any National Health Service trust which is established under Part I of the National Health Service and Community Care Act 1990 and carries on any of its activities from premises in the area of the authority”.

Sch 9 para 34

In section 7 of the Health and Medicines Act 1988 (extension of powers for financing the health service) in subsection (2), after the word “powers”, in the second place where it occurs, there shall be inserted “(exercisable outside as well as within Great Britain)”.

Sch 9 para 35

In section 161 of the Road Traffic Act 1988 (interpretation) in subsection (1), in the definition of “hospital” for the word “an”, in the first place where it occurs, there shall be substituted “any health service hospital, within the meaning of the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 and any other”.

Sch 9 para 36

Sch 9 para 36(1)

In section 21 of the Children Act 1989 (provision of accommodation for children in police protection etc.), in subsection (3) after the words “vested in the Secretary of State” shall be inserted the words “or otherwise made available pursuant to arrangements made by a District Health Authority”.

Sch 9 para 36(2)

In section 24 of that Act (advice and assistance for certain children)—

Sch 9 para 36(2)(a)

at the end of subsection (2)(d)(ii) there shall be added the words “or in any accommodation provided by a National Health Service trust”; and

Sch 9 para 36(2)(b)

at the end of subsection (12)(c) there shall be added the words “or any accommodation provided by a National Health Service trust”.

Sch 9 para 36(3)

In section 29 of that Act (recoupment of cost of providing services etc.), at the end of paragraph (c) of subsection (8) there shall be added the words “or any other hospital made available pursuant to arrangements made by a District Health Authority”.

Sch 9 para 36(4)

In section 80 of that Act (inspection of children’s homes etc.).—

Sch 9 para 36(4)(a)

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

Sch 9 para 36(4)(b)

in subsection (5)(e) after the words “health authority” there shall be inserted “National Health Service trust”.

Sch 9 para 36(5)

In section 85 of that Act (children accommodated by health authorities and local education authorities), in subsection (1) after the words “health authority” there shall be inserted “National Health Service trust”.

Sch 9 para 37

In section 27 of the Opticians Act 1989 (sale and supply of optical appliances), at the end of subsection (4)(b)(i) there shall be inserted “or the National Health Service and Community Care Act 1990”.

Sch 10

Enactments Repealed

Local management

National Health Service trusts

Family Health Services Authorities

Fund-holding practices

Indicative amounts

Funding, audit and liabilities

Further amendments of the principal Act

Interpretation

Health Boards and other bodies

National Health Service trusts

Fund-holding practices

Indicative amounts

Audit

Miscellaneous

Provision of accommodation and welfare services

General provisions concerning community care services

Regional health authorities

District health authorities

Specific duties

Specific powers

General powers

Status

Re-imbursement for health services work carried out otherwise than under NHS contract

Supply of goods and services by local authorities

Making of charges

Power to raise money by appeals etc.

Accounts and audit

Protection of members and officers

Compulsory acquisition

Use and development of consecrated land and burial grounds

Instruments etc.

Borrowing

Guarantees of borrowing

Limits on indebtedness

Additional public dividend capital

Surplus funds

Investment

Health Boards

Common Services Agency

State hospitals

The Local Government (Scotland) Act 1973

The National Health Service (Scotland) Act 1978

General amendment

The Employers’ Liability (Compulsory Insurance) Act 1969

The Vehicles (Excise) Act 1971

The Copyright, Designs and Patents Act 1988

The Road Traffic Act 1988

The Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947

The Town and Country Planning Act 1971

The Town and Country Planning (Scotland) Act 1972

The Acquisition of Land Act 1981

The Value Added Tax Act 1983

The Housing Act 1988

The Housing (Scotland) Act 1988

The Building (Scotland) Act 1959

The Medicines Act 1968

The Fire Precautions Act 1971

The Town and Country Planning Act 1971

The Town and Country Planning (Scotland) Act 1972

The Building Act 1984

The Housing Act 1988 and the Rent Act 1977

The Housing (Scotland) Act 1988 and the Rent (Scotland) Act 1984

The Public Health (Scotland) Act 1897

The Voluntary Hospitals (Paying Patients) Act 1936

The Nursing Homes Registration (Scotland) Act 1938

The Public Health (Scotland) Act 1945

The National Assistance Act 1948

The Public Records Act 1958

The Human Tissue Act 1961

The Abortion Act 1967

The Leasehold Reform Act 1967

The Social Work (Scotland) Act 1968

The Local Authority Social Services Act 1970

The Chronically Sick and Disabled Persons Act 1970

The Local Government Act 1972

The Criminal Procedure (Scotland) Act 1975

The Child Benefit Act 1975

The Children Act 1975

The Adoption Act 1976

The National Health Service Act 1977