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:—
The National Health Service
Fund-holding practices
Local administration
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NHS trusts
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An order under section 63 may—
provide for any provision made by it for the purposes of, in consequence of or for giving full effect to this section to be treated as having had effect from a time before the commencement of this section,
make such provision about an NHS trust dissolved before that commencement.
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This section applies to any NHS trust in existence immediately before commencement.
On commencement so much of the originating capital debt of the NHS trust as remains outstanding immediately before commencement is to be treated as the originating capital of the NHS trust and accordingly is public dividend capital.
Any reference in any enactment, instrument or other document to the originating capital debt of the NHS trust is to be construed (except where the context otherwise requires) as a reference to its originating capital.
The Secretary of State may with the consent of the Treasury determine the amount and time for payment of interest on the NHS trust’s initial loan in respect of the period ending with commencement.
In this section—“commencement” means the coming into force of this section,“initial loan” has the meaning given by section 9(5) of the National Health Service and Community Care Act 1990, prior to the repeal of that section by the National Health Service (Consequential Provisions) Act 2006
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Quality etc
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Partnership
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Control of prices of medicines and profits
limiting the prices which may be charged by any manufacturer or supplier to whom the scheme relates for the supply of any health service medicines, or
limiting the profits which may accrue to any manufacturer or supplier to whom the scheme relates in connection with the manufacture or supply of any health service medicines.
he has consented to the scheme being so treated (and has not withdrawn that consent), and
no notice is in force in his case under subsection (4).
For the purposes of this section a voluntary scheme has effect, in relation to a manufacturer or supplier to whom it applies, with any additions or modifications made by him and the Secretary of State.
If any acts or omissions of any manufacturer or supplier to whom a voluntary scheme applies (a “scheme member”) have shown that, in the scheme member’s case, the scheme is ineffective for either of the purposes mentioned in subsection (1), the Secretary of State may by a written notice given to the scheme member determine that the scheme is not to apply to him.
A notice under subsection (4) must give the Secretary of State’s reasons for giving the notice; and the Secretary of State may not give a notice under that subsection until he has given the scheme member an opportunity to make representations about the acts or omissions in question.
Consent under subsection (2)(a) must be given, or withdrawn, in the manner required by the Secretary of State.
The Secretary of State may after consultation with the industry body require any manufacturer or supplier to whom a voluntary scheme applies to—which the Secretary of State may require for the purpose of enabling the scheme to operate or facilitating its operation or for the purpose of giving full effect to any provision made under subsection (8).
record and keep any information, and
provide any information to the Secretary of State,
The Secretary of State may—
prohibit any manufacturer or supplier to whom a voluntary scheme applies from increasing any price charged by him for the supply of any health service medicine covered by the scheme without the approval of the Secretary of State, and
provide for any amount representing any increase in contravention of that prohibition in the sums charged by that person for that medicine, so far as the increase is attributable to supplies to the health service, to be paid to the Secretary of State within a specified period.
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The Secretary of State may, after consultation with the industry body, make a scheme (referred to in this section and section 36 as a statutory scheme) for the purpose of—
limiting the prices which may be charged by any manufacturer or supplier for the supply of any health service medicines, or
limiting the profits which may accrue to any manufacturer or supplier in connection with the manufacture or supply of any health service medicines.
A statutory scheme may, in particular, make any provision mentioned in subsections (3) to (6).
The scheme may require any manufacturer or supplier to whom it applies to—
record and keep information, and
provide information to the Secretary of State.
The scheme may provide for any amount representing sums charged by any manufacturer or supplier to whom the scheme applies, in excess of the limits determined under the scheme, for health service medicines covered by the scheme to be paid by that person to the Secretary of State within a specified period.
The scheme may provide for any amount representing the profits, in excess of the limits determined under the scheme, accruing to any manufacturer or supplier to whom the scheme applies in connection with the manufacture or supply of health service medicines covered by the scheme to be paid by that person to the Secretary of State within a specified period.
The scheme may—
prohibit any manufacturer or supplier to whom the scheme applies from increasing, without the approval of the Secretary of State, any price charged by him for the supply of any health service medicine covered by the scheme, and
provide for any amount representing any increase in contravention of that prohibition in the sums charged by that person for that medicine, so far as the increase is attributable to supplies to the health service, to be paid to the Secretary of State within a specified period.
A statutory scheme may not apply to a manufacturer or supplier to whom a voluntary scheme applies.
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The penalty may be—
a single penalty not exceeding £100,000, or
a daily penalty not exceeding £10,000 for every day on which the contravention occurs or continues.
The provision which may be made by virtue of subsection (5) includes any provision which may be made by model provisions with respect to appeals under section 6 of the Deregulation and Contracting Out Act 1994, reading—
the references in subsections (4) and (5) of that section to enforcement action as references to action taken to implement an enforcement decision,
in subsection (5) of that section, the references to interested persons as references to any persons and the reference to any decision to take enforcement action as a reference to any enforcement decision.
In subsections (5) and (6), “enforcement decision” means a decision of the Secretary of State or any other person to—and in this subsection “specific” means specified in the decision.
require a specific manufacturer or supplier to provide information to him,
limit, in respect of any specific manufacturer or supplier, any price or profit,
refuse to give his approval to a price increase made by a specific manufacturer or supplier,
require a specific manufacturer or supplier to pay any amount (including an amount by way of penalty) to him,
In this section “regulations” means regulations made by the Secretary of State, and the Secretary of State must consult the industry body before making any regulations under this section.
The Secretary of State may by order increase (or further increase) either of the sums mentioned in subsection (2).
Any power conferred on the Secretary of State by sections 33(6) to (8) and 34 to 36 may be exercised by—and the regulations may themselves confer power for the Secretary of State to give directions to a specific manufacturer or supplier; and in this subsection “specific” means specified in the direction concerned.
making regulations, or
giving directions to a specific manufacturer or supplier,
Any power to make regulations under any of those provisions or section 37 may be exercised generally in relation to manufacturers or suppliers of health service medicines or be exercised in relation to any class of manufacturers or suppliers.
The powers to refuse approval under section 33(8)(a) or 35(6)(a) or to impose a limit under section 34(1)(a) or 35(1) are exercisable only with a view to limiting by reference to the prices or profits which would be reasonable in all the circumstances—the manufacture or supply for the purposes of the health service of health service medicines.
the prices which may be charged for, or
the profits which may accrue to any manufacturer or supplier in connection with,
Section 57 of, and Schedule 11 to, the 1977 Act and section 49 of, and Schedule 10 to, the 1978 Act (maximum prices of medical supplies) are to cease to have effect in relation to health service medicines; but the powers conferred by sections 33 to 36 do not affect any other powers of the Secretary of State to control prices or profits.
This subsection and subsections (7) and (8) apply for the interpretation of sections 33 to 37 and this section—“health service” means any of the health services within the meaning of the 1977 Act, the 1978 Act or the Health and Personal Social Services (Northern Ireland) Order 1972,“health service medicine” means a medicinal product used to any extent for the purposes of the health service,“the industry body” means any body which appears to the Secretary of State appropriate to represent manufacturers and suppliers,“manufacture” includes assemble and “manufacturer” means any person who manufactures health service medicines,“medicinal product” has the meaning given by section 130 of the Medicines Act 1968,“supplier” means any person who supplies health service medicines.
References to contravention of a provision include failure to comply with it.
References to supplying medicines include selling them.
Evasion of charges, fraud etc.
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Miscellaneous
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Section 15 of the Health Service Commissioners Act 1993 (confidentiality of information) is amended as follows.
In subsection (1), at the beginning of paragraph (e) there is inserted “ where the information is to the effect that any person is likely to constitute a threat to the health or safety of patients ”.
Subsection (1A) is omitted.
In subsection (1B)—
for “such a case” there is substituted “ a case within subsection (1)(e) ”,
the words following “patients” are omitted.
In subsection (1C), for paragraphs (a) and (b) there is substituted—.
Rectification of transitional arrangements
The Secretary of State may by order make such provision as he considers appropriate in consequence of the matters mentioned in subsection (2) (the “relevant defects”).
Those matters are—
the omission from Part III of Schedule 2 to the Health Authorities Act 1995 (Transitional Provisions) Order 1996 (which determined the relevant Health Authority in relation to any Family Health Services Authority in England whose locality comprised or formed part of the area of more than one Health Authority) of an entry for Bromley Family Health Services Authority,
the inclusion in Part III or IV of Schedule 1 to that order (which determined the relevant Health Authority in relation to any Family Health Services Authority whose locality comprised or formed part of the area of only one Health Authority) of an entry for any Family Health Services Authority in England or Wales whose locality comprised or formed part of the area of more than one Health Authority (and an entry for which should accordingly have been included in Part III or IV of Schedule 2 to that order),
the omission from column 2 of the entry for any Family Health Services Authority in Part III or IV of Schedule 2 to that order (which together with column 3 of that entry specified the relevant Health Authorities in relation to that Family Health Services Authority) of any Health Authority whose area or any part of whose area forms part of the locality of the Family Health Services Authority and which was not included in column 3 of that entry,
where—the treatment, incorrectly, by a Health Authority of a person included in that list as residing, or as not residing, in their area.
the locality of a Family Health Services Authority and the area of a Health Authority overlap but do not coincide, and
the Family Health Services Authority had compiled a list of persons residing in its locality,
Provision that may be made under subsection (1) includes, in particular—
provision amending the Health Authorities Act 1995 (Transitional Provisions) Order 1996,
provision transferring, or adding, the name of any Part II practitioner to any Part II list in which he is (or, at the material time, was) not included because of any of the relevant defects,
provision for treating anything done by or in relation to an acting authority or a person of any description identified by reference to an acting authority as having been done by or in relation to the proper authority or a person of that description identified by reference to the proper authority,
provision for treating anything done by or in relation to an acting authority or a person of any description identified by reference to an acting authority as having been so done in the exercise by them or him of functions on behalf of the proper authority or a person of that description identified by reference to the proper authority.
Any provision made by an order under this section may be made with effect from any date after 31st March 1996 specified in the order.
Provision contained in an order under this section by virtue of section 62(4) may include provision conferring functions on the Secretary of State.
In subsection (3)(b)—“Part II practitioner” means a person who provides (or, at any time since 31st March 1996, has provided) general medical services, general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made or treated as made (or which, but for any of the relevant defects, would have been made or treated as made) under Part II of the 1977 Act,“Part II list” means a list kept by a Health Authority under section 29(2)(a), 36(1)(a), 39(a) or 42(2)(a) of that Act (lists of persons providing general medical, general dental, general ophthalmic or pharmaceutical services).
In subsection (3)(c) and (d), in relation to anything done by or in relation to a Health Authority or a person identified by reference to a Health Authority—“acting authority” means the Health Authority by or in relation to whom the thing was done or person was identified because of any of the relevant defects,“proper authority” means the Health Authority by or in relation to whom the thing should have been done or by reference to whom the person should have been identified.
The National Health Service: Scotland
Fund-holding practices
In the National Health Service (Scotland) Act 1978, sections 87A to 87C (which make provision in relation to fund-holding practices in Scotland) are to cease to have effect.
NHS trusts
In section 12A of the 1978 Act (NHS trusts)—
in subsection (1), for paragraphs (a) and (b) there is substituted “ to provide goods and services for the purposes of the health service ”,
for subsection (4) there is substituted—
In section 108(1) (interpretation) after the definition of “property” there is inserted—.
Any order under section 12A(1) of that Act—
is to be treated as always having had effect with the omission of any obligation for the NHS trust to which the order relates to own land specified in the order, and
so far as any functions specified in it could have been specified under that provision as amended by this Act, is to be treated as having been made under that provision as so amended.
Any restriction preventing the acquisition by any NHS trust (including any NHS trust dissolved before the commencement of this section) of land merely because the land did not comprise a hospital or other establishment or facility previously managed or provided by a Health Board or the Agency is to be treated as never having had effect.
An order under section 63 of this Act may—
provide for any provision made by it for the purposes of, in consequence of, or for giving full effect to, this section to be treated as having had effect from a time before the commencement of this section,
make such provision about an NHS trust dissolved before that commencement.
In paragraph 3(2) of Schedule 7A to the 1978 Act (establishment orders), for “assume responsibility for the ownership and management of” there is substituted “ provide services at ”.
In paragraph 3 of Schedule 7B to that Act (borrowing limits), in sub-paragraph (1), for the words from “established” to “manage” there is substituted “ which are required to provide services at or from ”.
The 1978 Act is to be treated as always having had effect subject to the amendments made by this section.
After section 12A of the 1978 Act there is inserted—
In section 12A of the 1978 Act (NHS trusts), in subsection (3), for paragraph (a) there is substituted—.
Paragraph 6 of Schedule 7A to the 1978 Act is amended as follows.
For sub-paragraph (1) there is substituted—
Sub-paragraph (2) is omitted.
Staff transfer
After section 12C of the 1978 Act there is inserted—
Quality
After section 12G of the 1978 Act there is inserted—
Finance
For section 85 of the 1978 Act there is substituted—
Section 12E of the 1978 Act (originating capital debt of, and other financial provisions relating to, NHS trusts) is amended as provided in subsections (2) to (5).
In subsections (1), (2) and (3), for “originating capital debt” there is substituted “ originating capital ”.
For subsection (4) there is substituted—
Subsections (5) and (6) are omitted.
In subsection (7), for the words from “the terms” to the end there is substituted—.
In Schedule 7B to that Act—
in paragraph 3 (limits on indebtedness), sub-paragraph (2) is omitted,
in paragraph 5 (additional public dividend capital), sub-paragraph (2) is omitted.
This section applies to any NHS trust in existence immediately before commencement.
On commencement so much of the originating capital debt of the NHS trust as remains outstanding immediately before commencement is to be treated as the originating capital of the NHS trust and accordingly is public dividend capital.
Any reference in any enactment, instrument or other document to the originating capital debt of the NHS trust is to be construed (except where the context otherwise requires) as a reference to its originating capital.
The Secretary of State may with the consent of the Treasury determine the amount and time for payment of interest on the NHS trust’s initial loan in respect of the period ending with commencement.
In this section—“commencement” means the coming into force of this section,“initial loan” has the meaning given by section 12E(5) of the 1978 Act.
Schedule 7B to the 1978 Act is amended as follows.
In paragraph 1 (borrowing powers of NHS trusts), in sub-paragraph (1), after “Subject to” there is inserted “ any direction given by the Secretary of State, to ”.
Sub-paragraphs (3) to (5) of that paragraph are omitted.
For sub-paragraph (6) there is substituted—
Indemnity cover
After section 28B of the 1978 Act there is inserted—
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Remuneration
For sections 28A and 28B of the 1978 Act (regulations as to remuneration) there is substituted—
Sections 28A and 28B of the 1978 Act as substituted by this section have effect in relation to—and in this subsection “determinations” means determinations under Part II of the 1978 Act of the remuneration to be paid to persons who provide services mentioned in section 28A(1).
the making of determinations on or after the commencement of this section; and
the variation or revocation on or after the commencement of this section of determinations whenever made,
Section 7(4) of the Health and Social Security Act 1984 and section 15(3) of the Health and Medicines Act 1988 (determinations of remuneration for services under Part II of the 1978 Act deemed to be valid) have effect in relation to Scotland as if—there were inserted “ and before the coming into force of section 57 of the Health Act 1999 ”.
after “inserted by this section” in section 7(4)(b) of the 1984 Act; and
after “section 7 of the Health and Social Security Act 1984” in section 15(3) of the 1988 Act,
Fraud
For section 29 of the 1978 Act (disqualification of persons providing services) there is substituted—
For section 30 of the 1978 Act (removal of disqualification) there is substituted—
After section 99 of the 1978 Act there is inserted—
In section 105(3) of the 1978 Act (Parliamentary procedure for certain regulations) after “endowments)” there is inserted “ or orders under section 99ZB(3) ”.
Miscellaneous and Supplementary
Miscellaneous
Her Majesty may by Order in Council make provision—
modifying the regulation of any profession to which subsection (2) applies, so far as appears to Her to be necessary or expedient for the purpose of securing or improving the regulation of the profession or the services which the profession provides or to which it contributes,
regulating any other profession which appears to Her to be concerned (wholly or partly) with the physical or mental health of individuals and to require regulation in pursuance of this section.
deregulating a profession regulated by an enactment to which subsection(2) applies if the profession does not appear to Her to require regulation for the protection of the public,
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regulating social care workers in England who appear to Her to require regulation in pursuance of this section,
modifying the regulation of social care workers in England, so far as appears to Her to be necessary or expedient for the purpose of securing or improving their regulation or the services which they provide or to which they contribute,
deregulating any social care workers in England who do not appear to Her to require regulation for the protection of the public,
modifying the functions, powers or duties of the Professional Standards Authority for Health and Social Care,
modifying the list of regulatory bodies (in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002) in relation to which that Authority performs its functions,
modifying, as respects any such regulatory body, the range of functions of that body in relation to which the Authority performs its functions.
modifying the functions, powers or duties of the Health and Care Professions Council that relate to the education and training of persons who are or wish to become approved mental health professionals,
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The professions referred to in subsection (1)(a) and(bza) are the professions regulated by any of the following—
the Medical Act 1983;
the Dentists Act 1984;
the Opticians Act 1989;
the Osteopaths Act 1993;
the Chiropractors Act 1994;
the Nursing and Midwifery Order 2001;
the Health Professions Order 2001;
the Pharmacy Order 2010 and the Pharmacy (Northern Ireland) Order 1976;
an Order in Council under this section.
For the purposes of subsection (1)(b) the reference to a profession is to be treated as including any group of workers, whether or not they are generally regarded as a profession (and references in this Part to a profession are to be read accordingly).
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In subsection (1)(bc), (bd) and (be), “social care workers in England” means persons who are engaged in social care work in England.
For that purpose, “social care work in England” means work (other than social work in England) that is of any of the following descriptions—
employment at a children's home, care home or residential family centre in England,
management of a home or centre of a kind mentioned in paragraph (a),
employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption agency or adoption support agency, in so far as the agency provides services to persons in England,
management of an agency of a kind mentioned in paragraph (c),
work for the purposes of the social services functions of a local authority whose area is in England,
the provision in England of services similar to services which may or must be provided by a local authority in the exercise of its social services functions,
the provision of personal care for persons in England,
employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care for persons in England,
management of an undertaking of the kind mentioned in paragraph (h),
employment in connection with the discharge of functions of the Secretary of State under section 80 of the Children Act 1989 (inspection of children's homes),
employment as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—
section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges),
section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority), or
section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector),
employment as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part),
management of staff mentioned in paragraph (k) or (l),
employment at a day centre in England.
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An expression used in subsection (2ZC) and in section 55 of the Care Standards Act 2000 has the same meaning in that subsection as it has in that section.
In subsection (2ZC) “social work in England” means social work which is required in connection with any health, education or social services provided in England.
In this section, “approved mental health professional” has the meaning given in section 114 of the Mental Health Act 1983.
Her Majesty may also by Order in Council make provision relating to, or connected with, the functions of the relevant regulatory body in relation to—
the registration of premises under Part 4 of the Medicines Act 1968 (pharmacies),
the regulation of the use of premises for the purposes of a retail pharmacy business, within the meaning of the Medicines Act 1968,
compliance with the provisions of that Act or the Human Medicines Regulations 2012,
compliance with the provisions of the Poisons Act 1972 or the Poisons (Northern Ireland) Order 1976 by persons admitted to practice and persons carrying on a retail pharmacy business, and
the grant of authorisations under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance).
In subsection (2A) “the relevant regulatory body” means the body (or main body) responsible for the regulation of the professions referred to in subsection (2)(aa).
The Professions Supplementary to Medicine Act 1960 and the Nurses, Midwives and Health Visitors Act 1997 are to cease to have effect.
Schedule 3 (which makes further provision about Orders under this section) is to have effect.
The standard of proof applicable to any proceedings to which this subsection applies is that applicable to civil proceedings.
Subsection (1) applies to any proceedings before—which relate to a matter specified in subsection (2A).
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a committee of a regulatory body, a regulatory body itself or any officer of a regulatory body,
The matters are—
a person's fitness to practise a profession to which section 60(2) applies;
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a person's suitability to remain registered as a social care worker in England (within the meaning given by section 60).
In subsection (2) “regulatory body” means the body (or main body) responsible for the regulation of a profession to which section 60(2) applies....
An Order in Council under section 60 may not—
amend this section, or
make any provision that is inconsistent with subsection (1).
Her Majesty may by Order in Council provide for any functions to which subsection (2) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in English border areas, to be exercisable (instead of any corresponding function to which subsection (4) applies) in respect of the provision of the services in question to persons in Scottish border areas who are specified in the Order.
This subsection applies to any functions under the National Health Service Act 2006, or the National Health Service (Wales) Act 2006... which are exercisable by the Secretary of State, NHS England or any integrated care board ... ... .
Her Majesty may by Order in Council provide for any functions to which subsection (4) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in Scottish border areas, to be exercisable (instead of any corresponding function to which subsection (2) applies) in respect of the provision of the services in question to persons in English border areas who are specified in the Order.
This subsection applies to any functions under the 1978 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Scottish Ministers or any Health Board or NHS trust established under the 1978 Act.
In this section—“English border area” means the area of any integrated care board ... adjacent to Scotland,“Scottish border area” means the area of any Health Board adjacent to England.
Supplementary
Any power to make regulations or an order under this Act is exercisable by statutory instrument . . ..
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Any power under this Act to make Orders in Council or orders—
may be exercised either in relation to all cases to which the power extends, or in relation to all cases subject to specified exceptions, or in relation to any specified cases or classes of case,
may be exercised so as to make, as respects the cases in relation to which it is exercised—
the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,
any such provision either unconditionally or subject to any specified condition, and
may, in particular, be exercised so as to make different provision for different areas.
Any such power includes power—
to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the person exercising the power considers to be expedient, and
to provide for a person to exercise a discretion in dealing with any matter.
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Subject to the following subsections, a statutory instrument containing subordinate legislation under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (6) does not apply to—
an order under section 63 which contains only provision for or in connection with the transfer of any property, rights or liabilities, or
an order under section 67.
No order is to be made under section 37(10) unless a draft has been laid before, and approved by resolution of, each House of Parliament.
No recommendation is to be made to Her Majesty to make an Order in Council under section 60 unless a draft has been laid before, and approved by resolution of, each House of Parliament.
But if any provision made by an Order in Council under that section would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence, no recommendation is to be made to Her Majesty to make the Order unless a draft—
has been laid before, and approved by resolution of, each House of Parliament, and
has been laid before, and approved by resolution of, the Scottish Parliament.
If any provision made by an Order in Council by virtue of section 60(2ZZA) would, if it were included in an Act of Senedd Cymru, be within the legislative competence of the Senedd and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence, no recommendation is to be made to Her Majesty to make the Order unless the Welsh Ministers have consented to that provision.
No recommendation is to be made to Her Majesty to make an Order in Council under section 61 unless a draft—
has been laid before, and approved by resolution of, each House of Parliament, and
has been laid before, and approved by resolution of, the Scottish Parliament.
The Secretary of State may by order make—as he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.
In this Act—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“the 1978 Act” means the National Health Service (Scotland) Act 1978,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“enactment” includes an enactment whenever passed or made,“NHS trust” has the same meaning—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in Part II of this Act as in the 1978 Act.
Final provisions
Schedule 4 (amendments of enactments) is to have effect.
The repeals set out in Schedule 5 (which include the repeal of an enactment which is spent) are to have effect.
For the purposes of the Scotland Act 1998, any provision of this Act which extends to Scotland is to be taken to be a pre-commencement enactment within the meaning of that Act; but this subsection does not apply to section 22.
The power of a Minister of the Crown under section 67 to appoint a day for any of the following provisions to come into force in relation to Wales—is exercisable instead by the National Assembly for Wales.
section 65(1) and Schedule 4, so far as concerns the following provisions of that Schedule: paragraphs 1 to 16, 23 to 26, 27(a), 28 to 35, 37, 38 (except sub-paragraph (2)(b) and (d)), 39, 40, 71, 72, 74, 75, 76(b), 77 to 80, 81 (except sub-paragraph (2)(b)), 83, 84, 85 (except sub-paragraph (2)(a)) and 87 to 90,
In Schedule 5 to the Government of Wales Act 1998 (bodies and offices covered by section 74), after paragraph 12 there is inserted—
The National Assembly for Wales (Transfer of Functions) Order 1999 is amended as follows; and those amendments are to have effect as if made by an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions).
In Schedule 1—
in the entry for the 1977 Act, after paragraph (c) there is inserted—,
at the end of the entry for the 1990 Act, there is inserted—,
after the entry for the National Minimum Wage Act 1998 there is inserted—.
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The preceding provisions of this Act (including the Schedules) are to come into force on such day as the Secretary of State may by order appoint.
Different days may be appointed under this section for different purposes.
Subsection (1) does not apply to the repeal of section 10 of the Professions Supplementary to Medicine Act 1960 (power to extend or restrict application of Act), which comes into force on 1st July 1999 or, if later, on the day on which this Act is passed.
Subsection (1) does not apply to section 66, of which—
subsections (1) and (3) to (6) come into force on the day on which this Act is passed,
subsection (2) comes into force on 1st July 1999 or, if later, the day on which this Act is passed.
Subject to the following provisions—
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Part II extends only to Scotland, and
this Part extends to Northern Ireland (as well as to England and Wales and Scotland).
The amendment or repeal of an enactment, or a power to amend or repeal an enactment, which extends to any part of the United Kingdom extends also to that part.
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The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.
This Act may be cited as the Health Act 1999.
After Schedule 5 to the 1977 Act (Health Authorities and Special Health Authorities), there is inserted—
Status
The Commission is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commissions’ property is to not to be regarded as property of, or property held on behalf of, the Crown.
General powers
Subject to any directions given by the Secretary of State, the Commission may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.
That includes, in particular—
acquiring and disposing of land and other property, and
entering into contracts.
General duty
It is the duty of the Commission to carry out its functions effectively, efficiently and economically.
Membership
The Commission is to consist of—
a chairman appointed by the Secretary of State,
a member appointed by the National Assembly for Wales who appears to the Assembly to be suited to make the interests of Wales his special care, and
other members appointed by the Secretary of State.
Appointment, procedure etc
The Secretary of State may by regulations make provision as to—
the appointment of the chairman and other members of the Commission (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment),
the tenure of office of the chairman and other members of the Commission (including the circumstances in which they cease to hold office or may be removed or suspended from office),
the appointment of, constitution of and exercise of functions by committees and sub-committees of the Commission (including committees and sub-committees which consist of or include persons who are not members of the Commission), and
the procedure of the Commission and any committees or sub-committees of the Commission (including the validation of proceedings in the event of vacancies or defects in appointment).
The Secretary of State may direct a Special Health Authority to exercise—
his function of appointing the chairman and the other members referred to in paragraph 4(c), and
any functions conferred on him by regulations under paragraph 5 in relation to the appointment or tenure of office of the chairman and those other members.
The National Assembly for Wales may direct a Special Health Authority to exercise—
its function of appointing the member referred to in paragraph 4(b), and
any functions conferred on it by regulations under paragraph 5 in relation to the appointment or tenure of office of that member.
If the Secretary of State or the Assembly gives such directions, the 1977 Act has effect as if—
the directions were directions under section 16D of that Act, and, accordingly,
the functions were exercisable by the Special Health Authority under section 16D.
Remuneration and allowances
The Commission may pay to its chairman, and to any other member of the Commission, such remuneration and allowances as the Secretary of State may determine.
The Commission may pay to any member of a committee or sub-committee of the Commission such allowances as the Secretary of State may determine.
If the Secretary of State so determines, the Commission must make provision for the payment of such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or any other member of the Commission.
If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the Commission to receive compensation, the Commission must pay to him such compensation as the Secretary of State may determine.
Employees
There is to be a chief executive of the Commission (to be known as the Director for Health Improvement) who is to be an employee of the Commission and is to be responsible to the Commission for the general exercise of the Commission’s functions.
Subject to sub-paragraph (3), the Director for Health Improvement is to be appointed by the Commission . . . .
The first Director for Health Improvement is to be appointed by the Secretary of State on such terms and conditions as the Secretary of State may determine.
The Commission may appoint such other employees as it considers appropriate.
Employees of the Commission are to be appointed by the Commission on such terms and conditions as the Commission may determine.
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Delegation of functions
The Commission may arrange for the discharge of any of its functions by
a committee, sub-committee, member or employee of the Commission, or
any other person.
If the Commission arranges for the discharge of any function falling within section 20(1A) of this Act by one or more committees or sub-committees of the Commission, the persons by whom those functions are to be discharged are to be known collectively as “the Office for Information on Health Care Performance”.
If the Commission arranges for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
Assistance
The Commission may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case.
Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
Payments and loans to Commission
The Secretary of State may make payments out of money provided by Parliament to the Commission of such amounts, at such times and on such conditions (if any) as he considers appropriate.
The National Assembly for Wales may make payments to the Commission of such amounts, at such times and on such conditions (if any) as it considers appropriate.
The Secretary of State may make loans out of money provided by Parliament to the Commission on such terms (including terms as to repayment and interest) as he may determine.
The National Assembly for Wales may make loans to the Commission on such terms (including terms as to repayment and interest) as it may determine.
The approval of the Treasury is required as to the amount and terms of any loan under sub-paragraph (3).
Except as provided by sub-paragraphs (3) and (4), the Commission has no power to borrow money.
The Secretary of State may give directions to the Commission as to the application of any sums received by the Commission under sub-paragraph (1) or (3).
The National Assembly for Wales may give directions to the Commission as to the application of any sums received by the Commission under sub-paragraph (2) or (4).
The Commission must comply with any directions under sub-paragraph (7) or (8).
Accounts
The Commission must keep accounts in such form as the Secretary of State may determine.
The Commission must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.
The Commission must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.
The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.
In this paragraph “financial year” means—
the period beginning with the date on which the Commission is established and ending with the next 31st March following that date; and
each successive period of twelve months ending with 31st March.
Reports and other information
As soon as possible after the end of each financial year, the Commission must make a report to the Secretary of State on the way in which the Commission has exercised its functions during the year.
As soon as possible after the end of each financial year, the Commission must also make a report to the Secretary of State and the National Assembly for Wales on what it has found in relation to NHS bodies and service providers in the course of exercising its functions during the year.
The Secretary of State must lay before Parliament any reports he receives under sub-paragraphs (1) and (1A).
The National Assembly for Wales must publish any report it receives under sub-paragraph (1A).
The Commission must provide the Secretary of State with such reports and information relating to the exercise of its functions as he may from time to time require.
In this paragraph “financial year” has the meaning given by paragraph 11(5).
Application of seal and evidence
The application of the seal of the Commission must be authenticated by the signature—
of any member of the Commission, or
of any other person who has been authorised by the Commission (whether generally or specially) for that purpose.
A document purporting to be duly executed under the seal of the Commission or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
Miscellaneous amendments
In Schedule 1 to the Public Records Act 1958 (definition of public records), the following entry is inserted at the appropriate place in Part II of the Table at the end of paragraph 3—
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bb) of paragraph 1 there is inserted—.
In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), the following entry is inserted at the appropriate place—
In the House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), the following entry is inserted at the appropriate place—.
In the Northern Ireland Assembly Disqualification Act 1975, the same entry as is set out in paragraph 18 is inserted at the appropriate place in Part II of Schedule 1.
Section 31 arrangements: transfer of staff
This Schedule applies where, under any arrangements under regulations under section 31, any functions of a body (“the transferor”) are to be exercised by another body (“the transferee”).
The Secretary of State may by order transfer to the transferee any specified description of employees of the transferor.
An order may be made under this paragraph only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred.
In sub-paragraph (2) “prescribed requirements” means requirements prescribed for the purposes of that sub-paragraph by regulations made by the Secretary of State.
The contract of employment of an employee transferred by an order under paragraph 2—
is not terminated by the transfer, and
has effect from the date of the transfer as if originally made between the employee and the transferee.
Without prejudice to sub-paragraph (1)—
all the rights, powers, duties and liabilities of the transferor under or in connection with the employee’s contract of employment shall by virtue of this sub-paragraph be transferred to the transferee, and
anything done before the date of the transfer by or in relation to the transferor in respect of the employee or his contract of employment shall be deemed from that date to have been done by or in relation to the transferee.
Sub-paragraphs (1) and (2) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the transferor or the transferee that he objects to the transfer.
Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the transferor shall be terminated immediately before the date on which the transfer would occur; but he shall not be treated, for any purpose, as having been dismissed by that body.
This paragraph is without prejudice to any right of an employee transferred by an order under paragraph 2 to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.
An order under paragraph 2 may provide that, in the case of an employee of any specified description who is transferred by the order, paragraph 3 shall not apply in relation to—
so much of the employee’s contract of employment as relates to relevant pension provisions, or
any rights, powers, duties or liabilities under or in connection with that contract, or otherwise arising in connection with the employee’s employment, and relating to such provisions.
If an order under paragraph 2 provides as mentioned in sub-paragraph (1), the order may in relation to any such employee make such provision (if any) as the Secretary of State considers appropriate with respect to all or any of the matters mentioned in paragraphs (a) and (b) of that sub-paragraph.
The provision which may be made by virtue of sub-paragraph (2) includes provision—
for any such employee’s contract of employment with the transferee to have effect with any specified modifications;
for relevant pension provisions of any specified description to have effect in the case of any such employee with any such modifications.
In this paragraph “relevant pension provisions” means the provisions of an occupational pension scheme within the meaning of the Pension Schemes Act 1993 (c. 48), with the exception (if the order under paragraph 2 so provides) of any provisions of such a scheme falling within a description specified in the order.
Where an employee is to be transferred by an order under paragraph 2 but is to continue to be employed for certain purposes by the transferor, the order may provide that the contract of employment of the employee shall, on the date on which the employee is transferred, be divided so as to constitute two separate contracts of employment between the employee and the transferor and between the employee and the transferee.
Where an employee’s contract of employment is divided as provided under sub-paragraph (1)—
the order shall provide for paragraph 3 to have effect in the case of the employee and his contract of employment subject to appropriate modifications; and
paragraph 4 shall similarly apply only so far as appropriate in connection with the employee’s employment by the transferee.
Regulation of health care and associated professions
Matters generally within the scope of the Orders
An Order may make provision, in relation to any profession, for any of the following matters (among others)—
the establishment and continuance of a regulatory body,
keeping a register of members admitted to practice,
education and training before and after admission to practice,
privileges of members admitted to practice,
standards of conduct and performance,
discipline and fitness to practise,
investigation and enforcement by or on behalf of the regulatory body,
appeals,
default powers exercisable by a person other than the regulatory body.
An Order may make provision, in relation to any social care workers in England, for any of the following matters (among others)—
the establishment and continuance of a regulatory body,
the functions of the Health and Care Professions Council or of another regulatory body,
keeping registers of social care workers in England of any description,
privileges of registered persons,
education and training,
standards of conduct and performance,
discipline,
removal or suspension from registration or the imposition of conditions on registration,
investigation and enforcement by or on behalf of the Health and Care Professions Council or another regulatory body,
appeals,
default powers exercisable by a person other than the Health and Care Professions Council or another regulatory body.
The provision that may be made by virtue of paragraph 1(e) or 1A(f) includes provision for standards of conduct and performance of members of a profession, or social care workers in England, carrying out the functions of an approved mental health professional.
Power to abolish regulatory bodies
An Order may abolish a regulatory body if (and only if) the professions regulated by the body or social care workers in England regulated by it—
will continue to be regulated by one or more other regulatory bodies, or
are deregulated by provision made under section 60(1)(bza).
Manner of exercise of power
The power to make an Order may be exercised by amending or repealing any enactment (whether or not mentioned in section 60) or prerogative instrument and any other instrument or document.
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The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.
The power may be exercised so as to make provision for the charging of fees.
The power may be exercised so as to—
confer functions (including power to pay grants) on Ministers of the Crown, the Scottish Ministers , a Northern Ireland department or the National Assembly for Wales, or
modify their functions.
The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.
Matters outside the scope of the Orders
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An Order may not confer any additional powers of direction over the Professional Standards Authority for Health and Social Care.
Where an enactment provides, in relation to any profession, for any function mentioned in sub-paragraph (2) to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person to exercise that function other than—
a regulatory body for—
a profession to which section 60(2) applies, or
social care workers in England, or
the committees or officers of such a body.
The functions are—
keeping the register of members admitted to practice,
determining standards of education and training for admission to practice,
giving advice about standards of conduct and performance,
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Where an enactment provides for any function mentioned in sub-paragraph (2ZB) to be exercised by the Health and Care Professions Council or another regulatory body, or any of its committees or officers, an Order may not provide for any person to exercise that function other than—
a regulatory body for—
a profession to which section 60(2) applies, or
social care workers in England, or
the committees or officers of such a body.
The functions are—
keeping the registers of social care workers in England of any description,
determining standards of education and training required as a condition of registration,
giving advice about standards of conduct and performance.
Where an enactment provides, in relation to any profession, for any function of administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person to exercise that function other than—
a regulatory body for—
a profession to which section 60(2) applies, or
social care workers in England, or
the committees or officers of such a body.
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Preliminary procedure for making Orders
If it is proposed to lay a draft of an Order before Parliament, the Secretary of State must first—
publish a draft of an Order, and
invite representations to be made to him about the draft by persons appearing to him appropriate to represent any profession or any social care workers in England to be regulated, persons appearing to him appropriate to represent those provided with services by any profession or any social care workers in England to be regulated and any other persons appearing to him appropriate to consult about the draft.
In the case of a draft Order which amends or repeals—but does not contain provision of the kind mentioned in sub-paragraph (3), the persons consulted by the Secretary of State under sub-paragraph (1)(b) must include the Scottish Ministers.
an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act, or
any other enactment that extends to Scotland and relates to matters falling within the legislative competence of the Scottish Parliament,
After the end of the period of three months beginning with the publication of the draft, he may lay the draft as published, or that draft with any modifications he considers appropriate, together with a report about the consultation before Parliament.
If any provision of a draft would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence—
the Secretary of State’s duty under sub-paragraph (1) must be performed also by the Scottish Ministers, and
sub-paragraph (4) shall apply instead of sub-paragraph (2).
After the end of the period of three months beginning with the publication of the draft, the draft as published, or that draft with any modifications which the Secretary of State and the Scottish Ministers consider appropriate, may be laid before Parliament and the Scottish Parliament together with a report made by the Secretary of State and the Scottish Ministers about the consultation.
Interpretation and application
In this Schedule—“dental practitioner” means a person registered in the dentists register under the Dentists Act 1984,“enactment” means an enactment contained in, or in an instrument made under—an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, or Northern Ireland legislation,“functions” includes powers and duties,“medical practitioner” means a registered medical practitioner as defined by Schedule 1 to the Interpretation Act 1978,“Order” means an Order in Council under section 60,“regulatory body”, in relation to any profession or any social care workers in England, means the body (or main body) responsible for the regulation of the profession or the social care workers in England concerned,“social care work in England” and “social care workers in England” have the meaning given by section 60.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The powers conferred by section 60 may be exercised so as to regulate a profession which is not regulated by any enactment (whether established before or after the passing of this Act).
References to regulation, in relation to a profession, in that section and this Schedule include—
the regulation of persons seeking admission to practice or who were, but are no longer, allowed to practise as members of the profession,
the regulation of activities carried on by persons who are not members of the profession but which are carried on in connection with the practice of the profession,
in the case of the profession of medical practitioner, the regulation of the qualifications or experience required for a medical practitioner to perform primary medical services under Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006,
in the case of the profession of dental practitioner, the regulation of the qualifications or experience required for a dental practitioner to perform primary dental services under Part 5 of the National Health Service Act 2006 or Part 5 of the National Health Service (Wales) Act 2006.
References in section 60 and this Schedule to regulation, in relation to social care workers in England, include—
the regulation of persons seeking to be registered or who were, but are no longer, allowed to be registered as social care workers in England,
the regulation of activities carried on by persons who are not social care workers in England (or engaging in social work in England) but which are carried on in connection with social care work in England.
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Amendments of enactments
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National Health Service Act 1966 (c. 8)
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Health Services and Public Health Act 1968 (c. 46)
In section 63 of the Health Services and Public Health Act 1968 (instruction of Health Authority employees and others)—
in subsection (1)(a), for “or Special Health Authority or a Health Board” there is substituted “ Special Health Authority, Health Board or Primary Care Trust ”,
in subsection (5A), for “or Special Health Authority” in both places there is substituted “ Special Health Authority or Primary Care Trust ”,
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The 1977 Act
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Section 98 (accounts and audit) is amended as follows.
In subsection (1)—
after paragraph (b) there is inserted—,
in paragraph (dd), after “1990” there is inserted—.
Before subsection (2A) there is inserted—
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The 1978 Act
The 1978 Act is amended as follows.
In section 9 (local consultative committees)—
in subsection (5), for “on the provision of services under this Act” there is substituted “ and, where the Secretary of State so directs, an NHS trust on the provision of services under this Act or under a pilot scheme under section 1 of the National Health Service (Primary Care) Act 1997 ”,
in subsection (7), after “Health Boards” there is inserted “ or, where the Secretary of State so directs, NHS trusts ” and for “may be prescribed” there is substituted “ the Secretary of State may direct ”.
In section 10(4) (Common Services Agency)—
after “Health Boards” in the first place where it appears there is inserted “ the NHS trusts ”,
after “Health Boards” in the second place where it appears there is inserted “ or of the NHS trusts ”,
after “Health Boards” in the third place where it appears there is inserted “ or NHS trusts ”.
In section 12A(5) (NHS trusts)—
in paragraph (a), for “and directors” there is substituted “ , directors and trustees ”,
in paragraph (b), after “directors” there is inserted “ , trustees, ”,
in paragraph (c), after “directors” there is inserted “ and trustees ”,
in paragraph (d), for the words from “director” where it first appears to the end of the paragraph there is substituted “ trustee, to be regarded as an executive director rather than as a trustee ”.
In section 17A (NHS contracts)—
in subsection (2)—
after paragraph (a) there is inserted—,
after paragraph (k) there is inserted—,
paragraphs (d) and (j) are omitted,
in subsection (3), paragraph (a) and the word “and” following it are omitted.
In section 17E (personal medical and dental services: regulations), subsection (4) is omitted.
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in paragraph (c) after “disqualification” in both places where it occurs there is inserted “ or condition ”,
after that subsection there is inserted—
In section 32A (applications for interim suspension)—
after subsection (1) there is inserted—,
in subsection (2), for the words from “it” to “patients” there is substituted “ either of the conditions for doing so is satisfied ” and after “in question” there is inserted “ or the case to which the review in question ”,
after that subsection there is inserted—,
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in subsection (4), after “case” there is inserted “ or review ”,
subsection (5) is omitted’
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In section 32B (continuation of suspension pending appeal)—
for subsection (1) and the preceding sidenote there is substituted—,
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subsection (4) is omitted.
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After section 35 there is inserted—
In section 85A (financial duties of certain bodies)—
in subsection (1), before “85(1)” in both places where it occurs there is inserted “ 85AA(1) or ” and for “85(2)(a)” there is substituted “ 85AA(3) ”,
in subsection (2), for “Subsection (3) of section 85” there is substituted “ Subsection (9) of section 85AA ”,
in subsection (3), before “85(1)” there is inserted “ 85AA(1) or ”,
in subsection (6), in paragraph (c) before “85(1)” there is inserted “ 85AA(1) ” and for “85(2)(a)” there is substituted “ 85AA(3) ”.
In section 85B(2) (bodies in respect of which schemes for meeting losses and liabilities may be made)—
the “and” after paragraph (c) is omitted,
after paragraph (d) there is inserted.
In section 86 (accounts of Health Boards and the Agency), subsections (1A), (1C) and (5) are omitted.
Section 87D (indicative amounts for doctors’ practices) is omitted.
In section 102 (state hospitals), for paragraph (b) of subsection (4) there is substituted—
In section 105(7) (orders, regulations and directions), for “incidental or supplemental” there is substituted “ supplementary, incidental, consequential, transitory, transitional or saving ”.
In section 108(1) (interpretation)—
in the appropriate place there is inserted—,
for the definition of “state hospital” there is substituted—.
In Schedule 7A (NHS trusts)—
for any reference to a non-executive director or to non-executive directors there is substituted a reference to a trustee or, as the case may be, to trustees,
in paragraph 16(c), the words from “which purposes shall include” to the end are omitted,
in paragraph 22, in sub-paragraph (1), in paragraph (c) the words from “or is within” to the end of the paragraph, and “or Health Authority” are omitted,
paragraph 23 is omitted.
Schedule 7B (financial provisions relating to NHS trusts) is amended as follows.
In paragraph 6 (surplus funds)—
for “amount standing in the reserves of an NHS trust” there is substituted “ sum held by an NHS trust other than a sum held on trust under section 12G ”,
for “that amount” there is substituted “ that sum ”.
For paragraph 7 of that Schedule (investment) there is substituted—
After that paragraph there is inserted—
In Schedule 8 (the Tribunal), in paragraph 8—
in sub-paragraph (2)(a), for “section 29” there is substituted “ sections 29 to 29C ”,
in sub-paragraph (2)(b), after “disqualification” there is inserted “ conditional disqualification or declaration of unfitness ”,
in sub-paragraph (2)(d), for the words from “the application” to the end there is substituted “ section 32A(3) may be made to apply or continue to apply ”.
Mental Health Act 1983 (c. 20)
The Mental Health Act 1983 is amended as follows.
In section 122(1) (provision of pocket money for in-patients in hospital), “special hospitals or other hospitals being” is omitted.
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In section 134 (correspondence of patients)—
in subsection (1)(b), for “a special hospital” there is substituted “ one at which high security psychiatric services are provided ”,
in subsection (2), for “in a special hospital under this Act” there is substituted “ under this Act in a hospital at which high security psychiatric services are provided ”.
Section 145 (interpretation) is amended as follows.
In subsection (1)—
after the definition of “Health Authority” there is inserted—,
the definition of “special hospital” is omitted.
After that subsection there is inserted—
Mental Health (Scotland) Act 1984 (c. 36)
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Hospital Complaints Procedure Act 1985 (c. 42)
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Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)
The Health Service Joint Consultative Committees (Access to Information) Act 1986 is to cease to have effect.
Income and Corporation Taxes Act 1988 (c. 1)
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Section 18 (indicative amounts for doctors’ practices) is omitted.
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Health Service Commissioners Act 1993 (c. 46)
The Health Service Commissioners Act 1993 is amended as follows.
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In section 3 (general remit of Commissioners), subsection (1B) is omitted.
In section 19 (interpretation), the definitions of “allotted sum” and “recognised fund-holding practice” are omitted.
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National Health Service (Residual Liabilities) Act 1996 (c. 15)
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National Health Service (Primary Care) Act 1997 (c. 46)
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National Health Service (Private Finance) Act 1997 (c. 56)
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Audit Commission Act 1998 (c. 18)
In section 5 of the Audit Commission Act 1998 (general duties of auditors), in subsection (1)(a), for “(2B) (NHS trusts) or (2B) (fund-holding practices)” substitute “ or (2B) ”.
Repeals
The repeal of section 97(2) of the 1977 Act has effect for the financial year 1999-2000 and subsequent financial years.