UKPGA-2006-43 National Health Service (Consequential Provisions) Act 2006 UK

Current to 2025-10-08

Contents
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:—

s. 1 — Meaning of “the consolidating Acts”

In this Act “the consolidating Acts” means—

s. 1(a)

the National Health Service Act 2006 (c. 41),

s. 1(b)

the National Health Service (Wales) Act 2006 (c. 42), and

s. 1(c)

this Act, to the extent that it reproduces the effect of provisions repealed or revoked by this Act.

s. 2 — Consequential amendments

Schedule 1 makes amendments consequential on the provisions of the consolidating Acts.

s. 3 — National Assembly for Wales (Transfer of Functions Order) 1999
s. 3(1)

In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act is a reference to the Act as amended.

s. 3(2)

For that purpose, and so far as the context requires, a reference in such an Act as amended by this Act to the National Health Service Act 2006 (c. 41) includes a reference to the National Health Service (Wales) Act 2006 (c. 42).

s. 3(3)

This section does not affect the power to make further Orders varying or omitting any reference in the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

s. 4 — Transitional and saving provision

Schedule 2 makes transitional and saving provision.

s. 5 — Transitory modifications

Schedule 3 makes transitory modifications.

s. 6 — Repeals and revocations

Schedule 4 makes repeals and revocations.

s. 7 — Extent and application
s. 7(1)

Subject to this section, this Act extends to England and Wales only.

s. 7(2)

The amendment, repeal or revocation of any provision by this Act has the same extent as the provision being amended, repealed or revoked.

s. 7(3)

But the repeal of—extends to England and Wales only.

s. 7(3)(a)

section 57 of, and Schedule 11 to, the National Health Service Act 1977 (c. 49),

s. 7(3)(b)

sections 126 and 128 of that Act to the extent that they apply in relation to the provisions mentioned in paragraph (a), and

s. 7(3)(c)

section 1 of the National Health Service (Private Finance) Act 1997 (c. 56),

s. 7(4)

The Secretary of State may by order provide that this Act, in its application to the Isles of Scilly, has effect with such modifications as may be specified in the order.

s. 7(5)

An order under subsection (4) has effect as if made under the National Health Service Act 2006 (and accordingly, sections 272 and 273 of that Act apply to any such order).

s. 8 — Short title and commencement
s. 8(1)

This Act may be cited as the National Health Service (Consequential Provisions) Act 2006.

s. 8(2)

Subject to this section, this Act comes into force on 1st March 2007.

s. 8(3)

In this section—“the 1977 Act” means the National Health Service Act 1977, and“the 2006 Act” means the Health Act 2006.

s. 8(4)

Subsection (5) applies to—

s. 8(4)(a)

sections 33 and 35 to 38 of the Health Act 1999 (c. 8),

s. 8(4)(b)

subsections (1) and (2) of section 40 of the Health and Social Care Act 2001 (c. 15) and section 28J of, and Schedule 8A to, the 1977 Act as inserted by those subsections,

s. 8(4)(c)

subsection (7) of section 45 of the Nationality, Immigration and Asylum Act 2002 (c. 41) and paragraph 2(2B) of Schedule 8 to the 1977 Act as inserted by that subsection,

s. 8(4)(d)

section 21 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43),

s. 8(4)(e)

paragraph 74 of Schedule 25 to the Criminal Justice Act 2003 (c. 44),

s. 8(4)(f)

paragraph 3 of the Schedule to the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056) and section 41B(2) and (6)(b) of the 1977 Act as amended by that paragraph,

s. 8(4)(g)

sub-paragraphs (a) and (b) of paragraph 5 of that Schedule and section 4A(1) and (3) of the National Health Service and Community Care Act 1990 (c. 19) as amended by those sub-paragraphs,

s. 8(4)(h)

sub-paragraph (c) of paragraph 5 of that Schedule and section 4A(4) of the National Health Service and Community Care Act 1990 as added by that sub-paragraph,

s. 8(4)(i)

section 34 of the 2006 Act, and sections 42A and 42B of the 1977 Act as inserted by that section,

s. 8(4)(j)

section 35 of the 2006 Act, and subsections (2B) and (2C) of section 42 of the 1977 Act as inserted by that section,

s. 8(4)(k)

subsection (1) of section 36 of the 2006 Act, and section 43(2) of the 1977 Act as substituted by that subsection,

s. 8(4)(l)

sections 37 to 41 of, and paragraphs 7 to 9, 11, 12(a), 13(2), (5) and (6), 15, 16, 17, 21(b), 22, 29, 46 and 50 of Schedule 8 to, the 2006 Act, and—to the extent that a provision mentioned in any of sub-paragraphs (i) to (iv), as amended by any of those provisions of the 2006 Act, relates to primary ophthalmic services,

s. 8(4)(l)(i)

the 1977 Act,

s. 8(4)(l)(ii)

section 4A of the National Health Service and Community Care Act 1990,

s. 8(4)(l)(iii)

Schedule 1 to the Health and Social Care Act 2001, and

s. 8(4)(l)(iv)

section 17(1) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17),

s. 8(4)(m)

subsection (2) of section 42 of the 2006 Act, and paragraph 2A(1)(b) and (ba) of Schedule 12 to the 1977 Act as substituted by that subsection,

s. 8(4)(n)

subsection (3) of section 42 of the 2006 Act, and paragraph 2B of Schedule 12 to the 1977 Act as inserted by that subsection,

s. 8(4)(o)

sections 44 to 55 of the 2006 Act, and section 78(3) of that Act so far as relating to those sections,

s. 8(4)(p)

section 56 of, and paragraph 24(a) of Schedule 8 to, that Act and—

s. 8(4)(p)(i)

section 98 of the 1977 Act as substituted by section 56 of that Act, and

s. 8(4)(p)(ii)

Schedule 12B to the 1977 Act as inserted by that section, and

s. 8(4)(q)

paragraphs 10, 12(b), 13(3) and (4), 14, 18, 19, 21(a), 24(b) and 25 of Schedule 8 to the 2006 Act and the 1977 Act as amended by those paragraphs.

s. 8(5)

To the extent that—the repeal or revocation by this Act does not come into force until the provision which is repealed or revoked comes into force; and the repeal or revocation comes into force immediately after, and to the extent that, the provision which is repealed or revoked comes into force.

s. 8(5)(a)

this Act repeals or revokes a provision to which this subsection applies, and

s. 8(5)(b)

the provision has not come into force before the commencement of this Act,

s. 8(6)

Accordingly, the repeal or revocation by this Act of the provision does not affect any power to bring the provision into force.

s. 8(7)

The repeal by this Act of subsection (2) of section 62 of the Health Act 1999 (c. 8), to the extent that that subsection relates to section 38(1)(b) of that Act, does not come into force until the repeal of section 38(1)(b) comes into force.

s. 8(8)

The repeal by this Act of section 62(8) of that Act does not come into force until the repeal of section 37 of that Act comes into force.

Sch 1

Consequential amendments

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

Sch 1 para 1

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

Sch 1 para 2

In section 1—

Sch 1 para 2(a)

in the definition of “NHS trust” for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 2(b)

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

Polish Resettlement Act 1947 (c. 19)

Sch 1 para 3

The Polish Resettlement Act 1947 is amended as follows.

Sch 1 para 4

In section 4(1), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 ”.

National Assistance Act 1948 (c. 29)

Sch 1 para 5

The National Assistance Act 1948 is amended as follows.

Sch 1 para 6

In section 21(8), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 7

In section 24(7)—

Sch 1 para 7(a)

for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 7(b)

for “section 16A of the National Health Service Act 1977” substitute “ section 18 of the National Health Service Act 2006 ”.

Sch 1 para 8

In section 29(6)(b), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 9

In section 47(8), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Law Reform (Personal Injuries) Act 1948 (c. 41)

Sch 1 para 10

The Law Reform (Personal Injuries) Act 1948 is amended as follows.

Sch 1 para 11

In section 2(4), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

Sch 1 para 12

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.

Sch 1 para 13

In Part 1 of Schedule 2—

Sch 1 para 13(a)

in paragraph 15, for “any other body constituted under the National Health Service Act 1977” substitute “ any other body, other than an NHS foundation trust, constituted under the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”,

Sch 1 para 13(b)

in paragraph 16—

Sch 1 para 13(b)(i)

omit “the National Health Service Act 1977, or”, and

Sch 1 para 13(b)(ii)

omit “Primary Care Trust, Health Authority or”.

Landlord and Tenant Act 1954 (c. 56)

Sch 1 para 14

The Landlord and Tenant Act 1954 is amended as follows.

Sch 1 para 15

In section 57(6), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Pharmacy Act 1954 (c. 61)

Sch 1 para 16

The Pharmacy Act 1954 is amended as follows.

Sch 1 para 17

In section 13I, for subsection (1)(e) substitute—.

Disabled Persons (Employment) Act 1958 (c. 33)

Sch 1 para 18

The Disabled Persons (Employment) Act 1958 is amended as follows.

Sch 1 para 19

In section 3(2), for “paragraph 2 of Schedule 8 to the National Health Service Act 1977” substitute “ paragraph 2 of Schedule 20 to the National Health Service Act 2006 or paragraph 2 of Schedule 15 to the National Health Service (Wales) Act 2006 ”.

Public Records Act 1958 (c. 51)

Sch 1 para 20

The Public Records Act 1958 is amended as follows.

Sch 1 para 21

In paragraph 3(2) of Schedule 1, in Part 1 of the Table, in the first entry relating to the Department of Health and Social Security—

Sch 1 para 21(a)

for “or section 92 of the National Health Service Act 1977” substitute “ , section 92 of the National Health Service Act 1977, section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 21(b)

for “or section 90 or 91 of the National Health Service Act 1977” substitute “ , section 90 or 91 of the National Health Service Act 1977, section 218 of the National Health Service Act 2006 or paragraph 8 of Schedule 6 to that Act, or paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006 ”,

Sch 1 para 21(c)

for “or under section 92 of the National Health Service Act 1977” substitute “ , under section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006, ”

Sch 1 para 21(d)

for “that Act” substitute “ the National Health Service Act 1977, section 218 of the National Health Service Act 2006, paragraph 12 of Schedule 2 to, or paragraph 8 of Schedule 6 to, that Act, or paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006 ”.

Mental Health Act 1959 (c. 72)

Sch 1 para 22

The Mental Health Act 1959 is amended as follows.

Sch 1 para 23

In section 8—

Sch 1 para 23(a)

in subsection (2), for “Schedule 8 to the National Health Service Act 1977” substitute “ Schedule 20 to the National Health Service Act 2006 or Schedule 15 to the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 23(b)

in subsection (4), for “Schedule 8 to the National Health Service Act 1977” substitute “ Schedule 20 to the National Health Service Act 2006 or Schedule 15 to the National Health Service (Wales) Act 2006 ”.

Sch 1 para 24

In section 142(2), for the words from the beginning to “relates” substitute “ Section 68(4) of the National Health Service Act 2006, and section 28(4) of the National Health Service (Wales) Act 2006 (which relate ”.

Sch 1 para 25

In section 154(2), for the words from the beginning to “extension” substitute “ Section 278(4) of the National Health Service Act 2006 (which provides for the application ”.

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

Sch 1 para 26

The Public Bodies (Admission to Meetings) Act 1960 is amended as follows.

Sch 1 para 27

In paragraph 1(l) of the Schedule, for “section 5(1) of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”.

Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)

Sch 1 para 28

The Superannuation (Miscellaneous Provisions) Act 1967 is amended as follows.

Sch 1 para 29

In section 7—

Sch 1 para 29(a)

in subsection (1)(a)(i), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”,

Sch 1 para 29(b)

in subsection (1)(b), for “the said Act of 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, other than an NHS trust or an NHS foundation trust ”, and

Sch 1 para 29(c)

in subsection (5), for “the said Act of 1977” substitute “ the National Health Service Act 2006 ”.

...

Sch 1 para 30

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

Leasehold Reform Act 1967 (c. 88)

Sch 1 para 31

The Leasehold Reform Act 1967 is amended as follows.

Sch 1 para 32

In section 28(6)(c), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

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

Sch 1 para 33

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

Sch 1 para 34

In section 45(4)(b), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 35

In section 59(2), for “Part II of the National Health Service Act 1977” substitute “ Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 36

In section 59(2B)—

Sch 1 para 36(a)

in paragraph (a), for “section 28 of the Health and Social Care Act 2001” substitute “ section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 36(b)

in paragraph (b), for “Schedule 8A to the National Health Service Act 1977” substitute “ Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006 ”.

Sch 1 para 37

In section 59(2C), for “Part 1 of the 1977 Act” (in both places) substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 38

In section 63—

Sch 1 para 38(a)

in subsection (2)(aa), for “Part 1 of the 1977 Act” substitute “ either of the 2006 Acts ”,

Sch 1 para 38(b)

in subsection (2)(b), for “Part II of the 1977 Act” substitute “ Chapter 1 of Part 7 of the National Health Service Act 2006, or Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006 ”,

Sch 1 para 38(c)

in subsection (2)(bb), for the words from the first “established” to “1977 Act” substitute “ or an LPS scheme established under either of the 2006 Acts ”,

Sch 1 para 38(d)

in subsection (5A), for the words from “section 126” to the end substitute—,

Sch 1 para 38(e)

in subsection (8)—

Sch 1 para 38(e)(i)

for the definition of the “1977 Act” substitute “2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 ”,

Sch 1 para 38(e)(ii)

in paragraph (a), for “1977” substitute “ 2006 ”, and

Sch 1 para 38(e)(iii)

in paragraph (b), for “National Health Service Act 1977” substitute “ 2006 Acts ”, and

Sch 1 para 38(f)

in subsection (8A), for “1977 Act have the same meaning in this section as in that Act” substitute “ 2006 Acts have the same meaning in this section as in those Acts ”.

Sch 1 para 39

In section 64(3)—

Sch 1 para 39(a)

in paragraph (a), in the second sub-paragraph (xvii), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 39(b)

in paragraph (b), for “Part II of the National Health Service Act 1977” substitute “ Chapter 1 of Part 7 of the National Health Service Act 2006, or Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006 ”.

Sch 1 para 40

In section 65(3)(b), in the second sub-paragraph (xix), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 ”.

Social Work (Scotland) Act 1968 (c. 49)

Sch 1 para 41

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

Sch 1 para 42

In section 86(3)—

Sch 1 para 42(a)

for “sections 2 and 3 of the National Health Service Act 1977” substitute “ sections 2 and 3 of the National Health Service Act 2006, sections 2 and 3 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 42(b)

for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”.

Medicines Act 1968 (c. 67)

Sch 1 para 43

The Medicines Act 1968 is amended as follows.

Sch 1 para 44

In section 131(5), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006, ”.

Sch 1 para 45

In section 132(1), in the definition of “health centre” for “section 2 or 3 of the National Health Service Act 1977” substitute “ section 2 or 3 of the National Health Service Act 2006, section 2 or 3 of the National Health Service (Wales) Act 2006, ”.

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

Sch 1 para 46

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

Sch 1 para 47

In section 3(2)(a)—

Sch 1 para 47(a)

for “Part I of that Act” substitute “ section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 47(b)

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

Sch 1 para 47(c)

for “section 16BA of that Act” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”.

Finance Act 1971 (c. 68)

Sch 1 para 48

The Finance Act 1971 is amended as follows.

Sch 1 para 49

In paragraph 1(1) of Schedule 13, for “National Health Service Act 1977” substitute “ National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”.

Local Government Act 1972 (c. 70)

Sch 1 para 50

The Local Government Act 1972 is amended as follows.

Sch 1 para 51

In section 113(4)—

Sch 1 para 51(a)

for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 51(b)

for “section 16A of the National Health Service Act 1977” substitute “ section 18 of the National Health Service Act 2006 ”.

House of Commons Disqualification Act 1975 (c. 24)

Sch 1 para 52

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

Sch 1 para 53

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

Sch 1 para 54

In Schedule 1, in Part 3—

Sch 1 para 54(a)

in the entry relating to a Strategic Health Authority, Health Authority or Special Health Authority, omit the words from “which is a relevant authority” to the end,

Sch 1 para 54(b)

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

Sch 1 para 54(c)

in the entry relating to a National Health Service Trust, for “the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act ”, and

Sch 1 para 54(d)

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

Race Relations Act 1976 (c. 74)

Sch 1 para 55

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

Sch 1 para 56

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

Patents Act 1977 (c. 37)

Sch 1 para 57

The Patents Act 1977 is amended as follows.

Sch 1 para 58

In section 56(4)—

Sch 1 para 58(a)

in paragraph (ai), for “Part 1 of the National Health Service Act 1977”, in both places, substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”,

Sch 1 para 58(b)

in paragraph (i), for “Part II of the National Health Service Act” substitute “ Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 58(c)

in paragraph (iii)—

Sch 1 para 58(c)(i)

for “section 28 of the Health and Social Care Act 2001” substitute “ section 134 of the National Health Service Act 2006, or section 92 of the National Health Service (Wales) Act 2006, ” and

Sch 1 para 58(c)(ii)

for “Schedule 8A to the National Health Service Act 1977” substitute “ Schedule 12 to the National Health Service Act 2006, or Schedule 7 to the National Health Service (Wales) Act 2006 ”.

Acquisition of Land Act 1981 (c. 67)

Sch 1 para 59

The Acquisition of Land Act 1981 is amended as follows.

Sch 1 para 60

In section 16(3)—

Sch 1 para 60(a)

in paragraph (b), for “Part I of that Act” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 60(b)

in paragraph (c), for “section 16A of the National Health Service Act 1977” substitute “ section 18 of the National Health Service Act 2006 ”, and

Sch 1 para 60(c)

in paragraph (d), for “section 16BA of that Act” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 61

In section 17(4), in the definition of “statutory undertakers”—

Sch 1 para 61(a)

in paragraph (aa), for “Part I of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 61(b)

in paragraph (ad), for “section 16A of the National Health Service Act 1977” substitute “ section 18 of the National Health Service Act 2006 ”.

Mental Health Act 1983 (c. 20)

Sch 1 para 62

The Mental Health Act 1983 is amended as follows.

Sch 1 para 63

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

Sch 1 para 64

In section 19(3), for the words from “National Health Service Act 1977” to “Part 1 of that Act” substitute “ National Health Service Act 2006, in a hospital vested in the Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006, in any accommodation used under either of those Acts ”.

Sch 1 para 65

In section 23(5)(a), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 66

In section 121—

Sch 1 para 66(a)

in subsection (1), for “section 126(3) of the National Health Service Act 1977” substitute “ section 273(1) of the National Health Service Act 2006, or section 204(1) of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 66(b)

in subsection (11), for “Paragraph 9 of Schedule 5 to the said Act of 1977” substitute “ Paragraph 2 of Schedule 6 to the National Health Service Act 2006, and paragraph 2 of Schedule 5 to the National Health Service (Wales) Act 2006 ”.

Sch 1 para 67

In section 122(2)—

Sch 1 para 67(a)

for “National Health Service Act 1977” substitute “ National Health Service Act 2006 and the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 67(b)

for “that Act” substitute “ either of those Acts ”.

Sch 1 para 68

In section 134(3A), for “section 19A of the National Health Service Act 1977” substitute “ section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 69

In section 139(4), for “the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 70

In section 145(1)—

Sch 1 para 70(a)

omit the definition of “Health Authority”,

Sch 1 para 70(b)

in the definition of “high security psychiatric services” for “the National Health Service Act 1977” substitute “ section 4 of the National Health Service Act 2006 or section 4 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 70(c)

in paragraph (a) of the definition of “hospital”, for “National Health Service Act 1977” substitute “ National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”,

Sch 1 para 70(d)

in paragraph (a) of the definition of “the managers”—

Sch 1 para 70(d)(i)

for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006, or in the Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006, ” and

Sch 1 para 70(d)(ii)

for “that Act” substitute “ the National Health Service Act 2006, or of the Welsh Ministers under the National Health Service (Wales) Act 2006, ”,

Sch 1 para 70(e)

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

Sch 1 para 70(f)

in the definition of “Special Health Authority”, for “section 11 of the National Health Service Act 1977” substitute “ section 28 of the National Health Service Act 2006, or section 22 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 70(g)

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

Health and Social Services and Social Security Adjudications Act 1983 (c. 41)

Sch 1 para 71

The Health and Social Services and Social Security Adjudications Act 1983 is amended as follows.

Sch 1 para 72

In section 17(2)(c) for “Schedule 8 to the National Health Service Act 1977” substitute “ Schedule 20 to the National Health Service Act 2006 or Schedule 15 to the National Health Service (Wales) Act 2006 ”.

National Audit Act 1983 (c. 44)

Sch 1 para 73

The National Audit Act 1983 is amended as follows.

Sch 1 para 74

In section 6(3)(aa), for “section 98 of the National Health Service Act 1977” substitute “ Schedule 15 to the National Health Service Act 2006, Schedule 9 to the National Health Service (Wales) Act 2006 ”.

Medical Act 1983 (c. 54)

Sch 1 para 75

The Medical Act 1983 is amended as follows.

Sch 1 para 76

In section 11(4), in paragraph (za) of the definition of “medical practice”, for “Part 1 of the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 77

In section 12—

Sch 1 para 77(a)

in subsection (1), for “sections 2 and 3 of the National Health Service Act 1977” substitute “ sections 2 and 3 of the National Health Service Act 2006, or sections 2 and 3 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 77(b)

in subsection (2)(a), for “Part 1 of the National Health Service Act 1977” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006, ”.

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

Sch 1 para 78

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

Sch 1 para 79

In section 74, in the definition of “NHS trust”, for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006 ”.

Dentists Act 1984 (c. 24)

Sch 1 para 80

The Dentists Act 1984 is amended as follows.

Sch 1 para 81

In section 40(2)(aa), for the words from “under section 28C” to the end substitute “ under section 92 of the National Health Service Act 2006 or under a contract under section 100 of that Act, or under section 50 of the National Health Service (Wales) Act 2006 or under a contract under section 57 of that Act, ”.

Sch 1 para 82

In section 53(3)(a), for “section 2, 3, 5(1)(a) or 28C of, or Schedule 1 to, the National Health Service Act 1977” substitute “ section 2, 3, 92 or 107 of, or paragraphs 1 to 6 of Schedule 1 to, the National Health Service Act 2006, or section 2, 3, 50 or 64 of, or paragraphs 1 to 6 of Schedule 1 to, the National Health Service (Wales) Act 2006 ”.

Video Recordings Act 1984 (c. 39)

Sch 1 para 83

The Video Recordings Act 1984 is amended as follows.

Sch 1 para 84

In section 3(10)(b)(i), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”.

Greater London Council (General Powers) Act 1984 (c. xxvii)

Sch 1 para 85

The Greater London Council (General Powers) Act 1984 is amended as follows.

Sch 1 para 86

In section 10(2)(b), for “section 128 of the National Health Service Act 1977” substitute “ section 275 of the National Health Service Act 2006 ”.

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

Sch 1 para 87

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

Sch 1 para 88

In section 2—

Sch 1 para 88(a)

in subsection (5)(a), for the words from “the Secretary of State” to “1990” substitute “ the Welsh Ministers under section 3(1)(a) of the National Health Service (Wales) Act 2006, by the Secretary of State under section 3(1)(a) of the National Health Service Act 2006, by a Primary Care Trust established under that Act, by a National Health Service Trust established under that Act or the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 88(b)

in subsection (7), for “the 1977 Act” substitute “ the 2006 Act or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 89

In section 7—

Sch 1 para 89(a)

in subsection (3), for “the 1977 Act” substitute “ the 2006 Act ”, and

Sch 1 para 89(b)

in subsection (9), in paragraph (a) of the definition of “the managers”—

Sch 1 para 89(b)(i)

for “the 1977 Act” in the first place it appears, substitute “ the 2006 Act or the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 89(b)(ii)

for “the 1977 Act” in the second place it appears, substitute “ the 2006 Act, or the Welsh Ministers under the National Health Service (Wales) Act 2006 ”.

Sch 1 para 90

In section 16(1)—

Sch 1 para 90(a)

omit the definition of “the 1977 Act”,

Sch 1 para 90(b)

after the definition of “the 2003 Act” insert—,

Sch 1 para 90(c)

omit the definition of “Health Authority”,

Sch 1 para 90(d)

in paragraph (a) of the definition of “hospital”—

Sch 1 para 90(d)(i)

for “the 1977 Act” substitute “ 2006 Act or the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 90(d)(ii)

for “section 23(1) of that Act” substitute “ section 12(1) of the 2006 Act or section 10(1) of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 90(e)

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

Sch 1 para 90(f)

in the definition of “Special Health Authority” for “section 11 of the 1977 Act” substitute “ section 28 of the 2006 Act or section 22 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 90(g)

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

Sch 1 para 90(h)

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

Company Directors Disqualification Act 1986 (c. 46)

Sch 1 para 91

The Company Directors Disqualification Act 1986 is amended as follows.

Sch 1 para 92

In section 22C(3), for “Part 1 of the Health and Social Care (Community Health and Standards) Act 2003” substitute “ Chapter 5 of Part 2 of the National Health Service Act 2006 ”.

National Health Service (Amendment) Act 1986 (c. 66)

Sch 1 para 93

The National Health Service (Amendment) Act 1986 is amended as follows.

Sch 1 para 94

In section 4—

Sch 1 para 94(a)

in subsection (1), for “section 43A(1) of the 1977 Act” substitute “ section 164(1) of the National Health Service Act 2006, or section 76(1) or 88(1) of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 94(b)

in subsection (5), for “section 43A(1) of the 1977 Act” substitute “ section 164(1) of the National Health Service Act 2006, or section 76(1) or 88(1) of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 95

In section 8(2), omit the definition of “the 1977 Act”.

AIDS (Control) Act 1987 (c. 33)

Sch 1 para 96

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

Sch 1 para 97

In section 1(9)—

Sch 1 para 97(a)

for “section 8 of the National Health Service Act 1977” substitute “ section 13 of the National Health Service Act 2006 ”,

Sch 1 para 97(b)

for “section 16A of that Act” substitute “ section 18 of that Act ”, and

Sch 1 para 97(c)

for “section 11 of that Act” substitute “ section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 98

In section 1(10) of that Act, for “Part 1 of the National Health Service and Community Care Act 1990 or, as the case may be,” substitute “ section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 or ”.

Income and Corporation Taxes Act 1988 (c. 1)

Sch 1 para 99

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

Sch 1 para 100

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

Sch 1 para 101

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

Local Government Act 1988 (c. 9)

Sch 1 para 102

The Local Government Act 1988 is amended as follows.

Sch 1 para 103

In section 25(2)(c), for “section 28A(9)(b) of the National Health Service Act 1977” substitute “ section 257(3) of the National Health Service Act 2006 or section 195(3) of the National Health Service (Wales) Act 2006 ”.

Dartford-Thurrock Crossing Act 1988 (c. 20)

Sch 1 para 104

The Dartford-Thurrock Crossing Act 1988 is amended as follows.

Sch 1 para 105

In section 19(b), for the words from “a Strategic Health Authority” to the end substitute “ a Strategic Health Authority established under section 13 of the National Health Service Act 2006, a Special Health Authority established under section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006, a Primary Care Trust established under section 18 of the National Health Service Act 2006, or a voluntary organisation or other person under an arrangement made under either of those Acts; ”.

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

Sch 1 para 106

The Community Health Councils (Access to Information) Act 1988 is amended as follows.

Sch 1 para 107

In section 1(1), for “continued in existence by or established under section 20A of the National Health Service Act 1977” substitute “ established under section 182 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 108

In section 2(1)(c), for “National Health Service Act 1977” substitute “ National Health Service Act 2006 ”.

Local Government Finance Act 1988 (c. 41)

Sch 1 para 109

The Local Government Finance Act 1988 is amended as follows.

Sch 1 para 110

In paragraph 16(3) of Schedule 5, for “section 128(1) of the National Health Service Act 1977” substitute “ section 275 of the National Health Service Act 2006 ”.

Sch 1 para 111

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

Sch 1 para 112

In section 48(6)—

Sch 1 para 112(a)

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

Sch 1 para 112(b)

for “Part 1 of that Act” substitute “ section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 113

In section 240(4)—

Sch 1 para 113(a)

in paragraph (za) for “Part 1 of the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, ”

Sch 1 para 113(b)

in paragraph (a), for sub-paragraph (i) substitute—, and

Sch 1 para 113(c)

in paragraph (c), for sub-paragraphs (i) and (ii) substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 114

In Schedule 6—

Sch 1 para 114(a)

in paragraph 1(1), in the definition of “trustees”, after “National Health Service Act 1977” insert “ or the National Health Service Act 2006 ”, and

Sch 1 para 114(b)

in paragraph 7(2), for “section 92 of the National Health Service Act 1977” substitute “ section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006 ”.

Health and Medicines Act 1988 (c. 49)

Sch 1 para 115

The Health and Medicines Act 1988 is amended as follows.

Sch 1 para 116

In section 7—

Sch 1 para 116(a)

in subsection (1), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 ”,

Sch 1 para 116(b)

in subsection (3)(i), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006, other than an NHS trust or an NHS foundation trust, ”,

Sch 1 para 116(c)

in subsection (8)(a), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 ”,

Sch 1 para 116(d)

after subsection (8) insert—, and

Sch 1 para 116(e)

in subsection (14), for “subsections (12) and (13)” substitute “ subsection (13) ”.

Sch 1 para 117

In section 11(7)—

Sch 1 para 117(a)

omit “Section 79(1) of the National Health Service Act 1977 and”, and

Sch 1 para 117(b)

for “they provide” substitute “ it provides ”.

Sch 1 para 118

In section 11(8), omit “paragraph 2(4)(a) of Schedule 12 to the National Health Service Act 1977 and”.

Sch 1 para 119

In section 17—

Sch 1 para 119(a)

in subsection (1), for “section 38, 39, 41 or 42 of the National Health Service Act 1977” substitute “ section 71, 72, 80 or 83 of the National Health Service (Wales) Act 2006, or section 126 or 129 of the National Health Service Act 2006 ”, and

Sch 1 para 119(b)

in subsection (3A), for “section 41A of the National Health Service Act 1977” substitute “ section 127 of the National Health Service Act 2006 or section 81 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 120

In section 18, for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 (other than an NHS trust or an NHS foundation trust), ”.

Road Traffic Act 1988 (c. 52)

Sch 1 para 121

The Road Traffic Act 1988 is amended as follows.

Sch 1 para 122

In section 144(2)—

Sch 1 para 122(a)

in paragraph (da)—

Sch 1 para 122(a)(i)

for “section 16A of the National Health Service Act 1977” substitute “ section 18 of the National Health Service Act 2006 ”, and

Sch 1 para 122(a)(ii)

for “section 16BA of that Act” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 122(b)

in paragraph (db), for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 122(c)

in paragraph (e)—

Sch 1 para 122(c)(i)

after “Secretary of State” insert “ or the Welsh Ministers ”, and

Sch 1 para 122(c)(ii)

for “section 23 or 26 of the National Health Service Act 1977” substitute “ section 12 or 80 of the National Health Service Act 2006, or section 10 or 38 of the National Health Service (Wales) Act 2006, ”.

Sch 1 para 123

In section 161(1), in paragraph (a) of the definition of “hospital”, for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Children Act 1989 (c. 41)

Sch 1 para 124

The Children Act 1989 is amended as follows.

Sch 1 para 125

In section 105—

Sch 1 para 125(a)

omit the definition of “Health Authority”,

Sch 1 para 125(b)

in the definition of “health service hospital” for “has the same meaning as in the National Health Service Act 1977” substitute “ means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”,

Sch 1 para 125(c)

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

Sch 1 para 125(d)

in the definition of “Special Health Authority” for “section 11 of the National Health Service Act 1977” substitute “ section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006, ”, and

Sch 1 para 125(e)

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

Opticians Act 1989 (c. 44)

Sch 1 para 126

The Opticians Act 1989 is amended as follows.

Sch 1 para 127

In section 27(4)(b), for sub-paragraph (i) substitute—.

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

Sch 1 para 128

The National Health Service and Community Care Act 1990 is amended as follows.

Sch 1 para 129

In section 46(3), in the definition of “community care services”, for paragraph (c) substitute—.

Sch 1 para 130

In section 47(3), for “National Health Service Act 1977” substitute “ National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 131

In section 60—

Sch 1 para 131(a)

in subsection (1)(a), for “National Health Service Act 1977” substitute “ National Health Service Act 2006, the National Health Service (Wales) Act 2006, ”,

Sch 1 para 131(b)

in subsection (4), for “Part 1 of the National Health Service Act 1977”, substitute “ the National Health Service Act 2006 ”,

Sch 1 para 131(c)

in subsection (7)(a)—

Sch 1 para 131(c)(i)

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

Sch 1 para 131(c)(ii)

omit “established under section 8 of the National Health Service Act 1977”, and

Sch 1 para 131(d)

in subsection (7)(aa), for “section 11 of that Act” substitute “ section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 132

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

Sch 1 para 133

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

Access to Health Records Act 1990 (c. 23)

Sch 1 para 134

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

Sch 1 para 135

In section 1(2)(aa) for “section 28C of that Act” substitute “ section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006, ”.

Sch 1 para 136

In section 11—

Sch 1 para 136(a)

in the definition of “general medical services contract” for “section 28Q of the National Health Service Act 1977” substitute “ section 84 of the National Health Service Act 2006 or section 42 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 136(b)

omit the definition of “Health Authority”,

Sch 1 para 136(c)

in paragraph (d) of the definition of “health service body”, after “National Health Service and Community Care Act 1990” insert “ , section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 136(d)

in the definition of “Primary Care Trust” for “section 16A of the National Health Service Act 1977” substitute “ section 18 of the National Health Service Act 2006 ”,

Sch 1 para 136(e)

in the definition of “Special Health Authority” for “section 11 of the National Health Service Act 1977” substitute “ section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 136(f)

in the definition of “Strategic Health Authority” for “section 8 of the National Health Service Act 1977” substitute “ section 13 of the National Health Service Act 2006 ”.

Water Industry Act 1991 (c. 56)

Sch 1 para 137

The Water Industry Act 1991 is amended as follows.

Sch 1 para 138

In section 87(3)(a)(i), for “section 8 of the National Health Service Act 1977” substitute “ section 13 of the National Health Service Act 2006 ”.

Sch 1 para 139

In Schedule 4A—

Sch 1 para 139(a)

in paragraph 7, for “Part 1 of the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”,

Sch 1 para 139(b)

in paragraph 16, for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

London Local Authorities Act 1991 (c. xiii)

Sch 1 para 140

The London Local Authorities Act 1991 is amended as follows.

Sch 1 para 141

In section 4, in paragraph (d) of the definition of “establishment for special treatment”—

Sch 1 para 141(a)

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

Sch 1 para 141(b)

for “the National Health Service and Community Care Act 1990” substitute “ section 25 of that Act or section 18 of the National Health Service (Wales) Act 2006 ”.

Social Security Contributions and Benefits Act 1992 (c. 4)

Sch 1 para 142

The Social Security Contributions and Benefits Act 1992 is amended as follows.

Sch 1 para 143

In section 67(2)(a), for sub-paragraph (ii) substitute—.

Sch 1 para 144

In section 72(8)(a), for “or paragraph 2 of Schedule 8 to the National Health Service Act 1977” substitute “ , paragraph 2 of Schedule 20 to the National Health Service Act 2006 or paragraph 2 of Schedule 15 to the National Health Service (Wales) Act 2006 ”.

Sch 1 para 145

In section 73(13)(a), for “the Secretary of State under section 5(2)(a) of the National Health Service Act 1977 and Schedule 2 to that Act” substitute “ the Welsh Ministers under paragraph 9 of Schedule 1 to the National Health Service (Wales) Act 2006, or the Secretary of State under paragraph 9 of Schedule 1 to the National Health Service Act 2006 ”.

Sch 1 para 146

In section 143(3)(c), for sub-paragraph (i) substitute—.

Sch 1 para 147

In section 163(6)—

Sch 1 para 147(a)

for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”,

Sch 1 para 147(b)

for “that Part or Act” substitute “ any of those Acts ”, and

Sch 1 para 147(c)

for “paragraph 23(1) of Schedule 5A to the National Health Service Act 1977” substitute “ paragraph 26(1) of Schedule 3 to the National Health Service Act 2006 ”.

Sch 1 para 148

In section 171(3)—

Sch 1 para 148(a)

for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”,

Sch 1 para 148(b)

for “that Part or Act” substitute “ any of those Acts ”, and

Sch 1 para 148(c)

for “paragraph 23(1) of Schedule 5A to the National Health Service Act 1977” substitute “ paragraph 26(1) of Schedule 3 to the National Health Service Act 2006 ”.

Sch 1 para 149

In section 171ZJ(9)—

Sch 1 para 149(a)

in paragraph (a)—

Sch 1 para 149(a)(i)

for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 149(a)(ii)

for “that Part or Act” substitute “ any of those Acts ”, and

Sch 1 para 149(b)

in paragraph (b), for “paragraph 23(1) of Schedule 5A to the National Health Service Act 1977” substitute “ paragraph 26(1) of Schedule 3 to the National Health Service Act 2006 ”.

Sch 1 para 150

In section 171ZS(9)—

Sch 1 para 150(a)

in paragraph (a)—

Sch 1 para 150(a)(i)

for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 150(a)(ii)

for “that Part or Act” substitute “ any of those Acts ”, and

Sch 1 para 150(b)

in paragraph (b), for “paragraph 23(1) of Schedule 5A to the National Health Service Act 1977” substitute “ paragraph 26(1) of Schedule 3 to the National Health Service Act 2006 ”.

Local Government Finance Act 1992 (c. 14)

Sch 1 para 151

The Local Government Finance Act 1992 is amended as follows.

Sch 1 para 152

In paragraph 6(2)(a) of Schedule 1, for “National Health Service Act 1977” substitute “ National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”.

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

Sch 1 para 153

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

Sch 1 para 154

In section 279(1)—

Sch 1 para 154(a)

in paragraph (a)—

Sch 1 para 154(a)(i)

omit “Strategic Health Authority”,

Sch 1 para 154(a)(ii)

after “Primary Care Trust” insert “ under section 126 of the National Health Service Act 2006 ”, and

Sch 1 para 154(a)(iii)

for “38 or 41” substitute “ 71 or 80 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 154(b)

in paragraph (b), for the words from “established by”, in the first place, to the end of the paragraph substitute “ established under section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006, or under an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006; ”.

Sch 1 para 155

In section 279(2)—

Sch 1 para 155(a)

in paragraph (a), for “section 28C of the National Health Service Act 1977” substitute “ section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 155(b)

in paragraph (b), for “section 28K or 28Q of that Act” substitute “ section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006 ”.

Tribunals and Inquiries Act 1992 (c. 53)

Sch 1 para 156

The Tribunals and Inquiries Act 1992 is amended as follows.

Sch 1 para 157

In Part 1 of Schedule 1, in the entry relating to the National Health Service—

Sch 1 para 157(a)

for “section 16A of the National Health Service Act 1977” substitute “ section 18 of the National Health Service Act 2006 ”,

Sch 1 para 157(b)

omit “established under section 8 of that Act”, and

Sch 1 para 157(c)

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

Judicial Pensions and Retirement Act 1993 (c. 8)

Sch 1 para 158

The Judicial Pensions and Retirement Act 1993 is amended as follows.

Sch 1 para 159

In Schedule 5, omit the entry for the Chairman of the tribunal constituted under Schedule 9 to the National Health Service Act 1977.

Charities Act 1993 (c. 10)

Sch 1 para 160

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

Sch 1 para 161

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

Sch 1 para 162

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

Welsh Language Act 1993 (c. 38)

Sch 1 para 163

The Welsh Language Act 1993 is amended as follows.

Sch 1 para 164

In section 6(1)—

Sch 1 para 164(a)

in paragraph (f)—

Sch 1 para 164(a)(i)

omit “established under section 8 of the National Health Service Act 1977”, and

Sch 1 para 164(a)(ii)

for “section 11 of that Act” substitute “ section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 164(b)

in paragraph (ff), for “section 16BA of the National Health Service Act 1977” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 164(c)

in paragraph (g), for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 164(d)

in paragraph (i), for “continued in existence by or established under section 20A of the National Health Service Act 1977” substitute “ established under section 182 of the National Health Service (Wales) Act 2006 ”.

Health Service Commissioners Act 1993 (c. 46)

Sch 1 para 165

The Health Service Commissioners Act 1993 is amended as follows.

Sch 1 para 166

In section 2A(1)—

Sch 1 para 166(a)

in paragraph (a), for “section 28K or 28Q of the National Health Service Act 1977” substitute “ section 84 or 100 of the National Health Service Act 2006 ”,

Sch 1 para 166(b)

in paragraph (b), omit “Part II of”,

Sch 1 para 166(c)

in paragraph (c), for “section 28C” substitute “ section 92 or 107 ”, and

Sch 1 para 166(d)

in paragraph (d), for “section 28 of the Health and Social Care Act 2001” substitute “ section 134 of the National Health Service Act 2006 ”.

Sch 1 para 167

In section 6(5), for “38, 39, 41 or 42 of the National Health Service Act 1977” substitute “ 126 or 129 of the National Health Service Act 2006 ”.

Sch 1 para 168

In section 7—

Sch 1 para 168(a)

in subsection (1), for “the National Health Service Act 1977 or the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”,

Sch 1 para 168(b)

in subsection (2)(a), for “section 4 of the National Health Service and Community Care Act 1990” substitute “ section 9 of the National Health Service Act 2006 ”.

Vehicle Excise and Registration Act 1994 (c. 22)

Sch 1 para 169

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

Sch 1 para 170

In paragraph 7 of Schedule 2—

Sch 1 para 170(a)

in sub-paragraph (b), for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”

Sch 1 para 170(b)

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

Sch 1 para 170(c)

in sub-paragraph (e), for “section 16BA of that Act” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 171

In paragraph 8 of that Schedule—

Sch 1 para 171(a)

after “Secretary of State” insert “ or the Welsh Ministers ”, and

Sch 1 para 171(b)

in sub-paragraph (a), for “section 23 or 26 of the National Health Service Act 1977” substitute “ section 12 or 80 of the National Health Service Act 2006, or section 10 or 38 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 172

In paragraph 19(2)(c) of that Schedule, for paragraph (i) substitute—.

Value Added Tax Act 1994 (c. 23)

Sch 1 para 173

The Value Added Tax Act 1994 is amended as follows.

Sch 1 para 174

In Part 2 of Schedule 8, in Note (5H) to Group 12—

Sch 1 para 174(a)

in paragraph (e), for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 174(b)

in paragraph (ea), for “section 16A of the National Health Service Act 1977” substitute “ section 18 of the National Health Service Act 2006 ”.

Health Authorities Act 1995 (c. 17)

Sch 1 para 175

The Health Authorities Act 1995 is amended as follows.

Sch 1 para 176

In Schedule 2—

Sch 1 para 176(a)

in paragraph 2(4), after “section 21 of the National Health Service and Community Care Act 1990”, insert “ , section 71 of the National Health Service Act 2006 or section 30 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 176(b)

in paragraph 5, for sub-paragraph (3) substitute—, and

Sch 1 para 176(c)

in paragraph 22(2) for “National Health Service Act 1977” substitute “ National Health Service Act 2006 ”.

Employment Rights Act 1996 (c. 18)

Sch 1 para 177

The Employment Rights Act 1996 is amended as follows.

Sch 1 para 178

In section 43K(1)—

Sch 1 para 178(a)

in paragraph (ba), for “or Local Health Board under section 28K or 28Q of the National Health Service Act 1977” substitute “ under section 84 or 100 of the National Health Service Act 2006 or with a Local Health Board under section 42 or 57 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 178(b)

in paragraph (c)(i)—

Sch 1 para 178(b)(i)

after “Primary Care Trust” insert “ under section 126 of the National Health Service Act 2006, ”, and

Sch 1 para 178(b)(ii)

for “section 38 or 41 of the National Health Service Act 1977” substitute “ section 71 or 80 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 179

In section 50(8)—

Sch 1 para 179(a)

in paragraph (a), for “Part I of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 179(b)

in paragraph (b)—

Sch 1 para 179(b)(i)

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

Sch 1 para 179(b)(ii)

omit “established under section 8 of the National Health Service Act 1977”,

Sch 1 para 179(b)(iii)

for “section 11 of that Act” substitute “ section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 179(b)(iv)

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

Sch 1 para 180

In section 218(10)—

Sch 1 para 180(a)

in paragraph (a)—

Sch 1 para 180(a)(i)

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

Sch 1 para 180(a)(ii)

omit “established under section 8 of the National Health Service Act 1977”,

Sch 1 para 180(b)

in paragraph (b), for “section 11 of that Act” substitute “ section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 180(c)

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

Sch 1 para 180(d)

in paragraph (c), for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ that Act or the National Health Service (Wales) Act 2006 ”.

Education Act 1996 (c. 56)

Sch 1 para 181

The Education Act 1996 is amended as follows.

Sch 1 para 182

In section 322(3)(a), for “National Health Service Act 1977” substitute “ National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 183

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

Sch 1 para 184

In section 520(1), for the words from “section 5(1)” to the end substitute—.

Sch 1 para 185

In section 579, in paragraph (c) of the definition of “school buildings”, for the words from “section 5(1)” to the end of the paragraph substitute “ paragraph 1 or 8 of Schedule 1 to the National Health Service Act 2006 (which relate to the provision of medical services for pupils), or ”.

Audit Commission Act 1998 (c. 18)

Sch 1 para 186

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

Sch 1 para 187

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

Sch 1 para 188

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Sch 1 para 189

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

Data Protection Act 1998 (c. 29)

Sch 1 para 190

The Data Protection Act 1998 is amended as follows.

Sch 1 para 191

In section 69(3)—

Sch 1 para 191(a)

in paragraph (a), for “or a Health Authority established under section 8 of the National Health Service Act 1977” substitute “ established under section 13 of the National Health Service Act 2006 ”,

Sch 1 para 191(b)

in paragraph (b), for “section 11 of that Act” substitute “ section 28 of that Act, or section 22 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 191(c)

in paragraph (bb), for “section 16A of that Act” substitute “ section 18 of the National Health Service Act 2006 ”,

Sch 1 para 191(d)

in paragraph (bbb), for “section 16BA of that Act” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 191(e)

in paragraph (f), after “1990” insert “ , section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006 ”.

Government of Wales Act 1998 (c. 38)

Sch 1 para 192

The Government of Wales Act 1998 is amended as follows.

Sch 1 para 193

In Schedule 17—

Sch 1 para 193(a)

in paragraph 13, for “section 11 of the National Health Service and Community Care Act 1990” substitute “ paragraph 10 of Schedule 3 to the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 193(b)

in paragraph 14A, after “National Health Service Act 1977” insert “ and section 160(1) of the National Health Service (Wales) Act 2006 ”.

Health Act 1999 (c. 8)

Sch 1 para 194

The Health Act 1999 is amended as follows.

Sch 1 para 195

In section 16(5), in the definition of “initial loan”, for “the 1990 Act” substitute “ 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 ”.

Sch 1 para 196

In section 61(2), for “the 1977 Act” substitute “ the National Health Service Act 2006, or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 197

In section 62(4), for “(4) and (5) of section 126 of the 1977 Act” substitute “ (7) and (8) of section 272 of the National Health Service Act 2006, and subsections (9) and (10) of section 203 of the National Health Service (Wales) Act 2006 ”.

Care Standards Act 2000 (c. 14)

Sch 1 para 198

The Care Standards Act 2000 is amended as follows.

Sch 1 para 199

In section 2(4) and (5), for “National Health Service Act 1977” substitute “ National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Sch 1 para 200

In section 121, in the definition of “health service hospital” for “has the same meaning as in the National Health Service Act 1977” substitute “ means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Learning and Skills Act 2000 (c. 21)

Sch 1 para 201

The Learning and Skills Act 2000 is amended as follows.

Sch 1 para 202

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

Sch 1 para 203

In section 129, omit the definition of “Health Authority”.

Local Government Act 2000 (c. 22)

Sch 1 para 204

The Local Government Act 2000 is amended as follows.

Sch 1 para 205

In section 21(2)(f) for the words from “section 7” to “that section”, in the second place, substitute “ section 244 of the National Health Service Act 2006 or section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under either of those sections, matters relating to the health service (within the meaning given by the Act concerned, and as extended by the section concerned) ”.

Sch 1 para 206

In subsection (3) of section 32, for the words from “under section 7” to the end of the subsection, substitute “ , in the case of regulations made by the Secretary of State, under section 244 of the National Health Service Act 2006 or any provision of section 246 of, or Schedule 17 to, that Act or, in the case of regulations made by the Welsh Ministers, under section 184 of the National Health Service (Wales) Act 2006 or any provision of section 186 of, or Schedule 11 to, that Act ”.

Regulation of Investigatory Powers Act 2000 (c. 23)

Sch 1 para 207

The Regulation of Investigatory Powers Act 2000 is amended as follows.

Sch 1 para 208

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

Sch 1 para 209

In Schedule 1—

Sch 1 para 209(a)

in paragraph 26, for “section 11 of the National Health Service Act 1977” substitute “ section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 209(b)

in paragraph 27, for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 209(c)

in paragraph 27A, for “section 6 of the National Health Service Reform and Health Care Professions Act 2002” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”.

Freedom of Information Act 2000 (c. 36)

Sch 1 para 210

The Freedom of Information Act 2000 is amended as follows.

Sch 1 para 211

In Part 3 of Schedule 1—

Sch 1 para 211(a)

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

Sch 1 para 211(b)

omit paragraph 37,

Sch 1 para 211(c)

in paragraph 38, for “section 11 of the National Health Service Act 1977” substitute “ section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 211(d)

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

Sch 1 para 211(e)

in paragraph 39A, for “section 16BA of the National Health Service Act 1977” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 211(f)

in paragraph 40, for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 211(g)

in paragraph 41, for “continued in existence by or established under section 20A of the National Health Service Act 1977” substitute “ established under section 182 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 211(h)

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

Sch 1 para 211(i)

in paragraph 43A(a), for “section 28C of the National Health Service Act 1977” substitute “ section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 211(j)

in paragraph 43A(b), for “section 28K or 28Q of that Act” substitute “ section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 211(k)

in paragraph 44, for “Part II of the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”,

Sch 1 para 211(l)

in paragraph 45A(a), for “section 28 of the Health and Social Care Act 2001” substitute “ section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 211(m)

in paragraph 45A(b), for “Schedule 8A to the National Health Service Act 1977” substitute “ Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006 ”.

Criminal Justice and Court Services Act 2000 (c. 43)

Sch 1 para 212

The Criminal Justice and Court Services Act 2000 is amended as follows.

Sch 1 para 213

In section 42(1), in paragraph (a) of the definition of “hospital” for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Health and Social Care Act 2001 (c. 15)

Sch 1 para 214

The Health and Social Care Act 2001 is amended as follows.

Sch 1 para 215

In section 14(4), for “1977 Act” substitute “ National Health Service Act 1977, prior to its repeal by the National Health Service (Consequential Provisions) Act 2006, ”

Sch 1 para 216

In section 39—

Sch 1 para 216(a)

in subsection (1), for “section 128(1) of the 1977 Act” substitute “ section 206 of the National Health Service Act 2006 ”, and

Sch 1 para 216(b)

in subsection (2), for “section 31” substitute “ section 95 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 217

In section 66, omit the definitions of “the 1977 Act” and “NHS trust”.

Sch 1 para 218

In section 68(4), for “Neither of subsections (1) and (3) affects” substitute “ Subsection (1) does not affect ”.

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

Sch 1 para 219

Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 is amended as follows.

Sch 1 para 220

Omit paragraphs 16 and 45.

Sch 1 para 221

In paragraph 53A, for “Schedule 5 to the Health and Social Care (Community Health and Standards) Act 2003” substitute “ Schedule 10 to the National Health Service Act 2006 ”.

Sch 1 para 222

At the end, add—.

International Development Act 2002 (c. 1)

Sch 1 para 223

The International Development Act 2002 is amended as follows.

Sch 1 para 224

In Schedule 1, in the entry relating to a National Health Service trust, for “Part 1 of the National Health Service and Community Care Act 1990 or under” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006, or ”.

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

Sch 1 para 225

The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

Sch 1 para 226

In section 22(6)(b), for “a Health Authority established for an area in England” substitute “ a Strategic Health Authority ”.

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

Sch 1 para 227

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

Sch 1 para 228

In section 133(4)—

Sch 1 para 228(a)

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

Sch 1 para 228(b)

in paragraph (a)(ii), for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 228(c)

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

Sch 1 para 228(d)

in paragraph (a)(iv), for “section 11 of that Act” substitute “ section 28 of that Act, or section 22 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 228(e)

for paragraph (b)(i) substitute—, and

Sch 1 para 228(f)

in paragraph (b)(ii), for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 229

In paragraph 1(1) of Schedule 3, for paragraph (e) substitute—.

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

Sch 1 para 230

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

Sch 1 para 231

In section 12, in the definition of “health service hospital” for “has the same meaning as in the National Health Service Act 1977” substitute “ means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Finance Act 2003 (c. 14)

Sch 1 para 232

The Finance Act 2003 is amended as follows.

Sch 1 para 233

In section 61(3), in the entry headed “Health: England and Wales”—

Sch 1 para 233(a)

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

Sch 1 para 233(b)

for “section 11 of that Act” substitute “ section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 233(c)

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

Sch 1 para 233(d)

for “section 16BA of that Act” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 233(e)

for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 234

In section 66(4), in the entry headed “Health: England and Wales”—

Sch 1 para 234(a)

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

Sch 1 para 234(b)

for “section 11 of that Act” substitute “ section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 234(c)

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

Sch 1 para 234(d)

for “section 16BA of that Act” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 234(e)

for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”.

Licensing Act 2003 (c. 17)

Sch 1 para 235

The Licensing Act 2003 is amended as follows.

Sch 1 para 236

In section 16(3), in the definition of “health service body”—

Sch 1 para 236(a)

in paragraph (a), for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 236(b)

in paragraph (b), for “section 16A of the National Health Service Act 1977” substitute “ section 18 of the National Health Service Act 2006 ”, and

Sch 1 para 236(c)

in paragraph (c), for “section 16BA of that Act” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”.

Sexual Offences Act 2003 (c. 42)

Sch 1 para 237

The Sexual Offences Act 2003 is amended as follows.

Sch 1 para 238

In section 22(5), in paragraph (a) of the definition of “hospital”, for “section 128(1) of the National Health Service Act 1977” substitute “ section 275(1) of the National Health Service Act 2006 or section 206(1) of the National Health Service Act 2006 ”.

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Sch 1 para 239

The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.

Sch 1 para 240

In section 33(2), for “the 1990 Act” substitute “ the National Health Service and Community Care Act 1990 ”.

Sch 1 para 241

In section 45(3), for “section 128(1) of the 1977 Act” substitute “ section 275 of the 2006 Act ”.

Sch 1 para 242

In section 113(1)(c), for “section 31 of the Health Act 1999” substitute “ section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 243

In section 114(1)(c), for “section 31 of the Health Act 1999” substitute “ section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 244

In section 122(1), for “section 31 of the Health Act 1999” substitute “ section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 245

In section 124(6), in the definition of “Northern Irish health service”, for “the 1977 Act” substitute “ the 2006 Act ”.

Sch 1 para 246

In section 148, in the definition of “NHS trust”, for “Part 1 of the 1977 Act” substitute “ the 2006 Act ”.

Sch 1 para 247

In section 150(7)—

Sch 1 para 247(a)

for paragraph (a) substitute—,

Sch 1 para 247(b)

in paragraph (c), for “section 72 of the 1977 Act” substitute “ section 267 of the 2006 Act or section 198 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 247(c)

in paragraph (d), for “section 16CA, 16CC, 28C, 28K or 28Q of the 1977 Act” substitute “ section 83, 84, 92, 99, 100 or 107 of the 2006 Act, or section 41, 42, 50, 56, 57 or 64 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 248

In section 160(4)—

Sch 1 para 248(a)

in paragraph (a)(i) of the definition of “ambulance trust”, for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 248(b)

in paragraph (a)(i) of the definition of “responsible body”, for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 249

In section 162(6), in paragraph (a)(i) of the definition of “relevant ambulance trust”, for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the 2006 Act or section 18 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 250

In section 165—

Sch 1 para 250(a)

in subsection (3)(b)(ii), for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 250(b)

in subsection (5), for “section 128(1) of the 1977 Act” substitute “ section 275(1) of the 2006 Act ”.

Sch 1 para 251

In section 168—

Sch 1 para 251(a)

in the definition of “health service hospital” for “the 1977 Act” substitute “ the 2006 Act, the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 251(b)

in the definition of “NHS ambulance services” for “section 3(1)(c) of the 1977 Act” substitute “ section 3(1)(c) of the 2006 Act, section 3(1)(c) of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 252

In section 194, for the definition of “the 1977 Act” substitute “the 2006 Act” means the National Health Service Act 2006 ”.

Criminal Justice Act 2003 (c. 44)

Sch 1 para 253

The Criminal Justice Act 2003 is amended as follows.

Sch 1 para 254

In section 325(9), in the definition of “NHS trust” for “National Health Service Act 1977” substitute “ National Health Service Act 2006 ”.

Finance Act 2004 (c. 12)

Sch 1 para 255

The Finance Act 2004 is amended as follows.

Sch 1 para 256

In section 59(5), in paragraph (a) of the definition of “NHS trust”, for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”.

...

Sch 1 para 257

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

Sch 1 para 258

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

Sch 1 para 259

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

Public Audit (Wales) Act 2004 (c. 23)

Sch 1 para 260

The Public Audit (Wales) Act 2004 is amended as follows.

Sch 1 para 261

In section 60—

Sch 1 para 261(a)

in paragraph (c), for “section 11 of the National Health Service and Community Care Act 1990” substitute “ paragraph 10 of Schedule 3 to the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 261(b)

in paragraph (d), after “the National Health Service Act 1977” insert “ and section 160(1) of the National Health Service (Wales) Act 2006 ”.

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

Sch 1 para 262

The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

Sch 1 para 263

In section 9(4)(a)—

Sch 1 para 263(a)

for “section 8 of the National Health Service Act 1977” substitute “ section 13 of the National Health Service Act 2006 ”,

Sch 1 para 263(b)

for “section 16A” substitute “ section 18 ”,

Sch 1 para 263(c)

for “section 16BA of that Act” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 263(d)

for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”.

Children Act 2004 (c. 31)

Sch 1 para 264

The Children Act 2004 is amended as follows.

Sch 1 para 265

In section 12(4)(e), for “Part 1 of the National Health Service Act 1977” substitute “ the National Health Service Act 2006 ”.

Sch 1 para 266

In section 18(2)(e)—

Sch 1 para 266(a)

for “section 31 of the Health Act 1999” substitute “ section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 266(b)

for “that section” substitute “ those sections ”.

Sch 1 para 267

In section 29(4)(e), for “Part 1 of the National Health Service Act 1977” substitute “ the National Health Service (Wales) Act 2006 ”.

Housing Act 2004 (c. 34)

Sch 1 para 268

The Housing Act 2004 is amended as follows.

Sch 1 para 269

In paragraph 2(1)(f) of Schedule 14, for “section 4 of the National Health Service and Community Care Act 1990” substitute “ section 9 of the National Health Service Act 2006 ”.

Civil Contingencies Act 2004 (c. 36)

Sch 1 para 270

The Civil Contingencies Act 2004 is amended as follows.

Sch 1 para 271

In Schedule 1—

Sch 1 para 271(a)

in paragraph 5, for “section 5 of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006, or section 18 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 271(b)

in paragraph 6, for “section 1 of the Health and Social Care (Community Health and Standards) Act 2003” substitute “ section 30 of the National Health Service Act 2006 ”,

Sch 1 para 271(c)

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

Sch 1 para 271(d)

in paragraph 8, for “section 16BA of the National Health Service Act 1977” substitute “ section 11 of the National Health Service (Wales) Act 2006 ”, and

Sch 1 para 271(e)

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

Constitutional Reform Act 2005 (c. 4)

Sch 1 para 272

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

Sch 1 para 273

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

Sch 1 para 274

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

Income Tax (Trading and Other Income) Act 2005 (c. 5)

Sch 1 para 275

The Income Tax (Trading and Other Income) Act 2005 is amended as follows.

Sch 1 para 276

In section 780(2)(a), for “paragraph 2 of Schedule 2 to the National Health Service Act 1977” substitute “ paragraph 10 of Schedule 1 to the National Health Service Act 2006 or paragraph 10 of Schedule 1 to National Health Service (Wales) Act 2006 ”.

Mental Capacity Act 2005 (c. 9)

Sch 1 para 277

The Mental Capacity Act 2005 is amended as follows.

Sch 1 para 278

In section 38(7)(a), for “section 128 of the National Health Service Act 1977”, substitute “ section 275 of the National Health Service Act 2006 or section 206 of the National Health Service (Wales) Act 2006 ”.

Public Services Ombudsman (Wales) Act 2005 (c. 10)

Sch 1 para 279

The Public Services Ombudsman (Wales) Act 2005 is amended as follows.

Sch 1 para 280

In section 41—

Sch 1 para 280(a)

in the definition of “family health service provider in Wales”—

Sch 1 para 280(a)(i)

in paragraph (a), for “section 28K or 28Q of the National Health Service Act 1977” substitute “ section 42 or section 57 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 280(a)(ii)

in paragraph (b), omit“Part 2 of”, and

Sch 1 para 280(a)(iii)

in paragraph (c), for “section 28C” substitute “ section 50 or 64 ”, and

Sch 1 para 280(b)

in the definition of “NHS trust” for “the National Health Service Act 1977” substitute “ the National Health Service (Wales) Act 2006 ”.

Health Act 2006 (c. 28)

Sch 1 para 281

The Health Act 2006 is amended as follows.

Sch 1 para 282

In section 25(1)—

Sch 1 para 282(a)

in the definition of “health care professional” for “section 28X(3)(a) of the National Health Service Act 1977 (c. 49) (referred to in this Act as “the 1977 Act”)” substitute “ section 91(2)(a) of the National Health Service Act 2006 (referred to in this Act as “the 2006 Act”) ”, and

Sch 1 para 282(b)

in the definition of “illness” for “section 128(1) of the 1977 Act” substitute “ section 275 of the 2006 Act ”.

Sch 1 para 283

In section 43—

Sch 1 para 283(a)

in subsection (1), for “1977 Act” substitute “ National Health Service Act 1977 ”, and

Sch 1 para 283(b)

in subsection (6), for “section 28WA of the 1977 Act (as inserted by section 38(1))” substitute “ section 117 of the 2006 Act ”.

Sch 1 para 284

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

Sch 1 para 285

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

Sch 1 para 286

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

Sch 1 para 287

In section 72, in subsection (2) of section 67A of the Care Standards Act 2000 (c. 14) as inserted by that section—

Sch 1 para 287(a)

for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 ”,

Sch 1 para 287(b)

for “section 16D”, in both places, substitute “ section 7 ”.

Sch 1 para 288

In section 75(5), in the definition of “relevant directions”, after “National Health Service Act 1977 (c. 49)” insert “ or section 12 of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 289

In section 78(2), for “sections 21(2)(b) and 52(5)(b)” substitute “ section 21(2)(b) ”.

Sch 1 para 290

In section 82(1)—

Sch 1 para 290(a)

omit the definition of “the 1977 Act”,

Sch 1 para 290(b)

after the definition of “the 2003 Act” insert—, and

Sch 1 para 290(c)

in the definition of “the health service”, for “the 1977 Act” substitute “ the 2006 Act ”.

Sch 1 para 291

In paragraph 30(b) of Schedule 8, for “section 28WA of that Act” substitute “ section 117 of the National Health Service Act 2006 ”.

Sch 1 para 292

In paragraph 33(a) of that Schedule, for “ “or 28Q” substitute “ , 28Q or 28WA ”” substitute “ “ or 100 ” substitute “ , 100 or 117 ””.

Sch 1 para 293

Omit paragraph 34 of that Schedule.

Sch 1 para 294

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

Sch 1 para 295

In paragraph 40 of that Schedule, for “ “subsection (2), or (2B) of section 98 of” substitute “ paragraph 4(1) of Schedule 12B to ”” substitute “ “ subsection (2), or (2B) of section 98 of the National Health Service Act 1977 ” substitute “ paragraph 3(1) of Schedule 15 to the National Health Service Act 2006 ””.

Sch 1 para 296

In paragraph 41 of that Schedule, for “English NHS body (within the meaning of Schedule 12B to the National Health Service Act 1977)” substitute “ NHS body (within the meaning of Schedule 15 to the National Health Service Act 2006) ”.

Sch 1 para 297

In paragraph 42(3) of that Schedule, for “4(1) of Schedule 12B to the National Health Service Act 1977” substitute “ 3(1) of Schedule 15 to the National Health Service Act 2006 ”.

Sch 1 para 298

In paragraph 43 of that Schedule, for “paragraph 3 or 4 of Schedule 12B to the National Health Service Act 1977” substitute “ paragraph 2 or 3 of Schedule 9 to the National Health Service (Wales) Act 2006 ”.

Sch 1 para 299

In paragraph 44 of that Schedule—

Sch 1 para 299(a)

in sub-paragraph (2), for “ “section 98(4) of” substitute “ paragraph 8 or 9 of Schedule 12B to ”” substitute “ “ section 98(4) of the National Health Service Act 1977 (requirement to prepare summarised accounts) ” substitute “ paragraph 7 of Schedule 15 to the National Health Service Act 2006 or paragraph 5 of Schedule 9 to the National Health Service (Wales) Act 2006 ””,

Sch 1 para 299(b)

in sub-paragraph (3), for “an English NHS body” substitute “ an NHS body within the meaning of paragraph 1 of Schedule 15 to the National Health Service Act 2006, other than one to which paragraph 1(2)(b) of that Schedule applies, ”,

Sch 1 para 299(c)

in sub-paragraph (4), for “a Welsh NHS body” substitute “ an NHS body within the meaning of paragraph 1 of Schedule 9 to the National Health Service (Wales) Act 2006, ”, and

Sch 1 para 299(d)

omit sub-paragraph (5).

Sch 1 para 300

In paragraph 45(2)(b) of that Schedule, for “ “or 28Q” substitute “ , 28Q or 28WA ”” substitute “ “ or 100 ” substitute “ , 100 or 117 ””.

Sch 1 para 301

In paragraph 62 of that Schedule, for “4(2) of Schedule 12B to the National Health Service Act 1977” substitute “ 3(1) of Schedule 9 to the National Health Service (Wales) Act 2006 ”.

Government of Wales Act 2006 (c. 32)

Sch 1 para 302

The Government of Wales Act 2006 is amended as follows.

Sch 1 para 303

In section 148(2)(g), for “National Health Service Act 1977” substitute “ National Health Service (Wales) Act 2006 ”.

Sch 1 para 304

In Schedule 11, in paragraph 35(4), in Table 2, omit—

Sch 1 para 304(a)

the entries relating to the National Health Service Act 1977 (c. 49), and

Sch 1 para 304(b)

the entry relating to section 24(4) and (5) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).

Commissioner for Older People (Wales) Act 2006 (c. 30)

Sch 1 para 305

The Commissioner for Older People (Wales) Act 2006 is amended as follows.

Sch 1 para 306

In section 27(1)—

Sch 1 para 306(a)

in the definition of “family health service provider in Wales”—

Sch 1 para 306(a)(i)

in paragraph (a), for “section 28K or 28Q of the National Health Service Act 1977” substitute “ section 42 or 57 of the National Health Service (Wales) Act 2006 ”,

Sch 1 para 306(a)(ii)

in paragraph (b), for “general ophthalmic services or pharmaceutical services under Part 2” substitute “ general ophthalmic services under Part 6 of that Act, or pharmaceutical services under Chapter 1 of Part 7 ”,

Sch 1 para 306(a)(iii)

in paragraph (c), for “primary medical or dental services in accordance with arrangements made under section 28C of that Act” substitute “ primary medical services or primary dental services in accordance with arrangements made under section 50 or 64 of that Act ”, and

Sch 1 para 306(a)(iv)

omit paragraph (d), and

Sch 1 para 306(b)

in the definition of “NHS trust” for “National Health Service Act 1977” substitute “ National Health Service (Wales) Act 2006 ”.

NHS Redress Act 2006 (c. 44)

Sch 1 para 307

The NHS Redress Act 2006 is amended as follows.

Sch 1 para 308

In section 1(6)—

Sch 1 para 308(a)

in paragraph (d)—

Sch 1 para 308(a)(i)

for “section 41 of that Act” substitute “ section 126 of the National Health Service Act 2006 ”, and

Sch 1 para 308(a)(ii)

for “section 41A” substitute “ section 127 ”, and

Sch 1 para 308(b)

in paragraph (e), for the words from “section 41” to the end of the paragraph substitute “ section 126 of that Act, or by virtue of section 127 of that Act, which are provided under Schedule 12 to that Act (local pharmaceutical services schemes) or under section 134 of that Act (local pharmaceutical services pilot schemes) ”.

Sch 1 para 309

In section 1(7), for “Part 1 of the National Health Service Act 1977” substitute “ the National Health Service Act 2006 ”.

Sch 1 para 310

In section 1(11), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 ”.

Sch 1 para 311

In section 11(3), for “Section 11(1) of the National Health Service Act 1977” substitute “ Section 28(1) of the National Health Service Act 2006 and section 22(1) of the National Health Service (Wales) Act 2006 ”.

Sch 1 para 312

In section 18(1), in the definitions of “health service”, “illness” and “patient”, for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 ”.

Sch 2

Transitional and saving provision

Sch 2

General provisions

Continuity of the law

Sch 2 para 1
Sch 2 para 1(1)

The repeal and re-enactment of provisions by the consolidating Acts does not affect the continuity of the law.

Sch 2 para 1(2)

Any subordinate legislation made or other thing done, or having effect as if made or done, under or for the purposes of any provision repealed and re-enacted by the consolidating Acts, if in force or effective immediately before the commencement of the corresponding provision of the consolidating Acts, has effect thereafter as if made or done under or for the purposes of that corresponding provision.

Sch 2 para 1(3)

Any reference (express or implied) in the consolidating Acts or any other enactment or in any instrument or document—must (to the extent that the context allows) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed by the consolidating Acts had effect, a reference to that corresponding provision or to things done or falling to be done under or for the purposes of that corresponding provision.

Sch 2 para 1(3)(a)

to any provision of the consolidating Acts, or

Sch 2 para 1(3)(b)

to things done or falling to be done under or for the purposes of any provision of the consolidating Acts,

Sch 2 para 1(4)

Any reference (express or implied) in any enactment or in any instrument or document—must (to the extent that the context allows) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of the consolidating Acts has effect, a reference to that corresponding provision or to things done or falling to be done under or for the purposes of that corresponding provision.

Sch 2 para 1(4)(a)

to any provision repealed and re-enacted by the consolidating Acts, or

Sch 2 para 1(4)(b)

to things done or falling to be done under or for the purposes of any such provision,

Sch 2 para 1(5)

Where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of the consolidating Acts which reproduce such enactments.

Sch 2 para 1(6)

The powers (which relate to the making of supplementary and consequential provision) in—are, so far as they were exercisable in relation to any provision repealed and re-enacted by the consolidating Acts, exercisable in relation to the corresponding provision of the consolidating Acts.

Sch 2 para 1(6)(a)

section 41(13) of the National Health Service (Primary Care) Act 1997 (c. 46)

Sch 2 para 1(6)(b)

section 63 of the Health Act 1999 (c. 8) (including the power in that section as particularised by section 13(4) of that Act),

Sch 2 para 1(6)(c)

section 65 of the Health and Social Care Act 2001 (c. 15),

Sch 2 para 1(6)(d)

section 39 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17),

Sch 2 para 1(6)(e)

section 201 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), and

Sch 2 para 1(6)(f)

section 80 of the Health Act 2006 (c. 28),

Sch 2 para 1(7)

Sub-paragraphs (5) and (6) do not affect the generality of sub-paragraph (4).

Sch 2 para 1(8)

Sub-paragraphs (1) to (6) have effect instead of section 17(2) of the Interpretation Act 1978 (c. 30) (but that does not affect any other provision of that Act).

Sch 2 para 1(9)

Sub-paragraph (2) does not apply to any subordinate legislation in so far as it is reproduced in this Act.

Effect of old transitional provisions and savings

Sch 2 para 2

The repeals made by this Act do not affect the operation of any transitional provision or saving relating to the coming into force of a provision reproduced in the consolidating Acts in so far as the transitional provision or saving is not specifically reproduced in the consolidating Acts but remains capable of having effect in relation to the corresponding provision of the consolidating Acts or otherwise.

Sch 2 para 3
Sch 2 para 3(1)

The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

Sch 2 para 3(2)

The repeal by this Act of a saving on the previous repeal of an enactment does not affect the saving so far as it is not specifically reproduced in the consolidating Acts but remains capable of having effect.

Use of existing forms etc

Sch 2 para 4

Any reference to an enactment repealed by this Act which is contained in a document made, served or issued after the commencement of that repeal must be construed, except so far as a contrary intention appears, as a reference or (as the context requires) including a reference to the corresponding provision of the consolidating Acts.

Pre-commencement offences

Sch 2 para 5

Nothing in the consolidating Acts affects the provisions repealed by this Act in their operation in relation to offences committed before the commencement of the consolidating Acts.

Interpretation

Sch 2 para 6

In this Schedule “repeal” includes (so far as the context permits) revoke or revocation.

Sch 2

Particular savings

Section 6(6) of the Health Authorities Act 1995 (c. 17)

Sch 2 para 7

Notwithstanding the repeal by this Act of section 126 of the National Health Service Act 1977 (c. 49), subsections (4) and (5) of that section continue to have effect for the purpose of the reference to those subsections in section 6(6) of the Health Authorities Act 1995.

Article 2(c) of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

Sch 2 para 8
Sch 2 para 8(1)

This paragraph applies to any function conferred by or under any provision re-enacted by the consolidating Acts which, immediately before the commencement of the corresponding provision of the consolidating Acts, was a function to which Article 2(c) of the National Assembly for Wales (Transfer of Functions) Order 1999 applied (concurrent exercise of functions in relation to a cross-border body).

Sch 2 para 8(2)

Article 2(c) of the Order continues to have effect in relation to the function conferred by or under the corresponding provision of the consolidating Acts.

Definitions

Sch 2 para 9

In section 126(9) of the National Health Service Act 2006 (c. 41) and section 80(9) of the National Health Service (Wales) Act 2006 (c. 42), the meaning of “colony” is subject to paragraph 4(3) of Schedule 2 to the Interpretation Act 1978 (c. 30).

Sch 2 para 10

In sections 80, 211 and 217 of the National Health Service Act 2006, and sections 38, 159 and 165 of the National Health Service (Wales) Act 2006, the meaning of “land” is subject to paragraph 5(b) of Schedule 2 to the Interpretation Act 1978.

Sch 2 para 11
Sch 2 para 11(1)

The definition of “local authority” in section 275 of the National Health Service Act 2006 and section 206 of the National Health Service (Wales) Act 2006 includes—

Sch 2 para 11(1)(a)

any joint board constituted under the Public Health Act 1936 (c. 49) or under the Public Health (London) Act 1936 (c. 50) or any enactment repealed by either of those Acts, and

Sch 2 para 11(1)(b)

any port health authority constituted under either of those Acts or under an Act passed before those Acts.

Sch 2 para 11(2)

Sub-paragraph (1) does not apply to—

Sch 2 para 11(2)(a)

sections 24, 75, 77, 78, 237, 245 and 247 of the National Health Service Act 2006, or

Sch 2 para 11(2)(b)

sections 17, 33, 35, 36, 40 and 185 of the National Health Service (Wales) Act 2006.

Powers to make regulations exercisable jointly with the Treasury

Sch 2 para 12
Sch 2 para 12(1)

Any power to make regulations conferred by a provision of the National Health Service Act 2006 which is a provision corresponding to a provision of the National Health Service Act 1977 (c. 49) or of Part 1 of the National Health Service and Community Care Act 1990 (c. 19) is, if the Treasury so directs, exercisable by the Treasury and the Secretary of State acting jointly.

Sch 2 para 12(2)

Sub-paragraph (1) does not apply to a power to make regulations conferred by section 172(1)(a) or 179(3) or (5) of the National Health Service Act 2006.

Article 4 of the National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407)

Sch 2 para 13

Notwithstanding the revocation of Article 4 of the National Health Service (Pre-consolidation Amendments) Order 2006, the saving provided for by that Article (determinations in relation to remuneration in respect of services under Part 2 of the National Health Service Act 1977) continues to have effect.

Former functions of Health Authorities ceasing to be exercisable by Local Health Boards

Sch 2 para 14

Paragraph 15 applies if the functions of Health Authorities which—cease to be so exercisable.

Sch 2 para 14(a)

were transferred to the National Assembly for Wales by the Health Authorities (Transfer of Functions, Staff, Property, Rights and Liabilities and Abolition) (Wales) Order 2003 (S.I. 2003/813 (W.98)), and

Sch 2 para 14(b)

are exercisable by Local Health Boards by virtue of directions under section 16BB of the National Health Service Act 1977 (c. 49) or section 12 of the National Health Service (Wales) Act 2006 (c. 42),

Sch 2 para 15

If this paragraph applies—

Sch 2 para 15(a)

section 50 of the National Health Service (Wales) Act 2006 has effect as if after subsection (7) there were inserted—,

Sch 2 para 15(b)

section 64 of that Act has effect as if after subsection (5) there were inserted—,

Sch 2 para 15(c)

that Act has effect as if for section 85 there were substituted—, and

Sch 2 para 15(d)

that Act has effect as if for section 99 there were substituted—.

Provision made by virtue of the Local Health Boards (Functions) (Wales) Regulations 2003 (S.I. 2003/150 (W.20))

Sch 2 para 16

Nothing in any provision made in the consolidating Acts by virtue of the Local Health Boards (Directed Functions) (Wales) Regulations 2009 (“the Functions Regulations”) affects—

Sch 2 para 16(a)

the power of the Welsh Ministers to exercise the functions exercisable under the Functions Regulations,

Sch 2 para 16(b)

the application to the Functions Regulations of section 31 of the National Health Service (Wales) Act 2006 (c. 42),

Sch 2 para 16(c)

the application to Local Health Boards of regulation 4 of the Functions Regulations (exercise of functions to be subject to any prohibitions or restrictions in an LHB order),

Sch 2 para 16(d)

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

Sch 2 para 16(e)

any power to amend, revoke or remake the Functions Regulations, or

Sch 2 para 16(f)

any power to make further regulations under section 12 of the National Health Service (Wales) Act 2006 (including regulations which amend or repeal provisions of the consolidating Acts made by virtue of the Functions Regulations).

“Relevant Assembly functions” under paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32)

Sch 2 para 17

If, apart from provision made by the consolidating Acts, a function under those Acts would be a relevant Assembly function for the purposes of paragraph 30 of Schedule 11 to the Government of Wales Act 2006, that function is a relevant Assembly function for that purpose, notwithstanding any provision made by the consolidating Acts.

References to the National Assembly for Wales in the National Health Service (Wales) Act 2006

Sch 2 para 18

References in the National Health Service (Wales) Act 2006 to the National Assembly for Wales are, apart from the reference in section 160(1)(b), references to that Assembly as constituted by the Government of Wales Act 2006.

Section 13(3), (4) and (10) of the Health Act 1999 (c. 8)

Sch 2 para 19

Notwithstanding the repeal by this Act of section 13(3), (4) and (10) of the Health Act 1999—

Sch 2 para 19(a)

any order under section 5(1) of the National Health Service and Community Care Act 1990 (c. 19)—

Sch 2 para 19(a)(i)

must 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

Sch 2 para 19(a)(ii)

so far as any functions specified in it could have been specified under that provision as amended by the Health Act 1999, must be treated as having been made under that provision as so amended,

Sch 2 para 19(b)

any restriction preventing the acquisition of any land by any NHS trust (including an NHS trust dissolved before the commencement of section 13 of the Health Act 1999) merely because the land did not comprise a hospital or other establishment or facility previously managed or provided by a Health Authority, a Special Health Authority, a Regional Health Authority or a District Health Authority, must be treated as never having had effect, and

Sch 2 para 19(c)

the National Health Service and Community Care Act 1990 (c. 19) must be treated as always having had effect subject to the amendments made by section 13 of the Health Act 1999 (c. 8).

Sch 3

Transitory modifications

Sch 3

Transitory modifications relating to primary ophthalmic services

Sch 3 para 1
Sch 3 para 1(1)

“The law relating to primary ophthalmic services” means sections 37 to 41 of, and paragraphs 7 to 9, 11, 12(a), 13(2), (5) and (6), 15, 16, 17, 21(b), 22, 29, 46 and 50 of Schedule 8 to, the Health Act 2006 (c. 28) and—to the extent that a provision mentioned in any of paragraphs (a) to (d), as amended by any such provision of the 2006 Act, relates to primary ophthalmic services.

Sch 3 para 1(1)(a)

the National Health Service Act 1977 (c. 49),

Sch 3 para 1(1)(b)

section 4A of the National Health Service and Community Care Act 1990,

Sch 3 para 1(1)(c)

Schedule 1 to the Health and Social Care Act 2001 (c. 15), and

Sch 3 para 1(1)(d)

section 17(1) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17),

Sch 3 para 1(2)

“General ophthalmic services” means general ophthalmic services within the meaning of section 38 of the National Health Service Act 1977.

Sch 3 para 1(3)

This paragraph applies if the law relating to primary ophthalmic services has not come into force before the commencement of this Act.

Sch 3 para 1(4)

Until the coming into force of that law, and notwithstanding any repeal or revocation made by this Act—

Sch 3 para 1(4)(a)

no reference in the National Health Service Act 2006 (c. 41), the National Health Service (Wales) Act 2006 (c. 42) or an Act as amended by this Act to primary ophthalmic services, or to a general ophthalmic services contract, has effect, and

Sch 3 para 1(4)(b)

the law as it applies in England relating to general ophthalmic services continues to have effect.

Sch 3

Other transitory modifications

Section 11 of the National Health Service Act 2006 (c. 41), and section 9 of the National Health Service (Wales) Act 2006 (c. 42)

Sch 3 para 2
Sch 3 para 2(1)

This paragraph applies if sub-paragraphs (a) and (b) of paragraph 5 of the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056) have not come into force before the commencement of this Act.

Sch 3 para 2(2)

Until the coming into force of those sub-paragraphs—

Sch 3 para 2(2)(a)

section 11 of the National Health Service Act 2006 has effect—

Sch 3 para 2(2)(a)(i)

with the omission of subsection (1)(d), and

Sch 3 para 2(2)(a)(ii)

as if, in subsection (7)(b), there were inserted at the end “ or section 27(2) of the National Health Service (Scotland) Act 1978 ”, and

Sch 3 para 2(2)(b)

section 9 of the National Health Service (Wales) Act 2006 has effect—

Sch 3 para 2(2)(b)(i)

with the omission of subsection (1)(d), and

Sch 3 para 2(2)(b)(ii)

as if, in subsection (4), in paragraph (b) of the definition of “pharmaceutical list” there were inserted at the end “ or section 27(2) of the National Health Service (Scotland) Act 1978 ”.

Sch 3 para 3
Sch 3 para 3(1)

This paragraph applies if sub-paragraph (c) of paragraph 5 of the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 has not come into force before the commencement of this Act.

Sch 3 para 3(2)

Until the coming into force of that sub-paragraph—

Sch 3 para 3(2)(a)

section 11 of the National Health Service Act 2006 has effect with the omission of subsection (6), and

Sch 3 para 3(2)(b)

section 9 of the National Health Service (Wales) Act 2006 has effect with the omission of subsection (5).

Sections 126 and 275 of, and Schedule 13 to National Health Service Act 2006, and section 71, 72, 78, 80, 109, 190, 198 and 206 of the National Health Service (Wales) Act 2006

Sch 3 para 4
Sch 3 para 4(1)

This paragraph applies if paragraphs 10, 12(b), 13(3) and (4), 14, 18, 19, 21(a), 24(b) and 25 of Schedule 8 to the Health Act 2006 (c. 00) have not come into force before the commencement of this Act.

Sch 3 para 4(2)

Until the coming into force of those paragraphs, the references to an optometrist in—have effect as references to an ophthalmic optician.

Sch 3 para 4(2)(a)

sections 126 and 275 of, and Schedule 13 to, the National Health Service Act 2006, and

Sch 3 para 4(2)(b)

sections 71, 72, 78, 80, 109, 190, 198 and 206 of the National Health Service (Wales) Act 2006,

Section 128 of the National Health Service Act 2006 (c. 41), and section 82 of the National Health Service (Wales) Act 2006 (c. 42)

Sch 3 para 5
Sch 3 para 5(1)

This paragraph applies if paragraph 3 of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056) has not come into force before the commencement of this Act.

Sch 3 para 5(2)

Until the coming into force of that paragraph, section 128 of the National Health Service Act 2006 and section 82 of the National Health Service (Wales) Act 2006 have effect—

Sch 3 para 5(2)(a)

with the omission of subsection (2)(b), and

Sch 3 para 5(2)(b)

as if, in subsection (6)(b), there were inserted at the end “ or section 27(2) of the National Health Service (Scotland) Act 1978 ”.

Section 129 of the National Health Service Act 2006, and section 83 of the National Health Service (Wales) Act 2006

Sch 3 para 6
Sch 3 para 6(1)

This paragraph applies if section 35 of the Health Act 2006 (c. 00) has not come into force before the commencement of this Act.

Sch 3 para 6(2)

Until the coming into force of that section, section 129 of the National Health Service Act 2006 and section 83 of the National Health Service (Wales) Act 2006 have effect with the omission of subsections (4) and (5).

Section 132 of the National Health Service Act 2006, and section 86 of the National Health Service (Wales) Act 2006

Sch 3 para 7
Sch 3 para 7(1)

This paragraph applies if subsection (1) of section 36 of the Health Act 2006 has not come into force before the commencement of this Act.

Sch 3 para 7(2)

Until the coming into force of that subsection, section 132 of the National Health Service Act 2006 and section 86 of the National Health Service (Wales) Act 2006 have effect as if for subsection (2) there were substituted—.

Section 180 of the National Health Service Act 2006 and section 129 of the National Health Service (Wales) Act 2006

Sch 3 para 8
Sch 3 para 8(1)

This paragraph applies if subsection (2) of section 42 of the Health Act 2006 has not come into force before the commencement of this Act.

Sch 3 para 8(2)

Until the coming into force of that subsection—

Sch 3 para 8(2)(a)

section 180 of the National Health Service Act 2006 has effect—

Sch 3 para 8(2)(a)(i)

with the omission of the words “or equal to” in subsection (2)(b), and

Sch 3 para 8(2)(a)(ii)

with the omission of subsection (2)(c), and

Sch 3 para 8(2)(b)

section 129 of the National Health Service (Wales) Act 2006 (c. 42) has effect with the omission of the words “or equal to” in subsection (2)(b).

Schedule 20 to the National Health Service Act 2006 (c. 41) and Schedule 15 to the National Health Service (Wales) Act 2006

Sch 3 para 9
Sch 3 para 9(1)

This paragraph applies if subsection (7) of section 45 of the Nationality, Immigration and Asylum Act 2002 (c. 41) has not come into force before the commencement of this Act.

Sch 3 para 9(2)

Until the coming into force of that subsection, Schedule 20 to the National Health Service Act 2006 and Schedule 15 to the National Health Service (Wales) Act 2006 have effect as if for paragraph 2(7) there were substituted—.

Modifications applicable until the end of the initial period under the Government of Wales Act 2006 (c. 32)

Sch 3 para 10

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

Sch 4

Repeals and revocations

Paragraph

Section 1(1) and (2).

Paragraph

Section 3.

Paragraph

Section 3(1).

Paragraph

Section 5(1).

Paragraph

Section 8.

Paragraph

Section 21(2).

Paragraph

In Schedule 1, paragraphs 52, 66, 68, 77 and 83.

Paragraph

In Schedule 5, paragraphs 1, 2(1), 2(5) and 4.

Paragraph

Section 1.

Paragraph

Section 13.

Paragraph

Section 15(b).

Paragraph

In Schedule 5, paragraphs 1 and 2.

Paragraph

In Schedule 6, paragraph 3.

Paragraph

In Schedule 9, paragraph 21 and 23.

Paragraph

Section 1(3), (4) and (6).

Paragraph

Section 5(2).

Paragraph

Section 9(1).

Paragraph

In Schedule 1, paragraphs 1 and 3.

Paragraph

In Schedule 3, paragraphs 1, 3(b) and 8.

Paragraph

Section 7(10) and (12).

Paragraph

Section 10(1).

Paragraph

Section 11(1) to (3).

Paragraph

Section 13(1).

Paragraph

In section 13(2), the words “of Schedule 12 to that Act”.

Paragraph

Section 13(3).

Paragraph

In Schedule 2, paragraphs 1, 2, 7(3) and (4) and 8(1).

Paragraph

Section 1(3).

Paragraph

Sections 4 to 12.

Paragraph

Section 21.

Paragraph

Sections 25 and 26.

Paragraph

Section 65(2).

Paragraph

In section 67(4), the words “Part 1 of this Act other than section 15(4), does not extend to Scotland”.

Paragraph

In Schedule 1, paragraphs 7(1) and 8 to 10.

Paragraph

Schedules 2 and 3.

Paragraph

In Schedule 9, paragraph 18.

Paragraph

Section 3(8).

Paragraph

In Schedule 1, Part 1, and paragraphs 66, 68 to 72, 78, 79, 85 and 119(4)(a).

Paragraph

Section 21(1).

Paragraph

Section 22(1).

Paragraph

Section 26(1).

Paragraph

Section 27(1).

Paragraph

Section 28(1).

Paragraph

Section 29(1).

Paragraph

Section 31(1).

Paragraph

Section 34(1).

Paragraph

Section 36.

Paragraph

In section 40(2), the definition of “the 1977 Act”.

Paragraph

In Schedule 2, paragraphs 3, 4, 5, 14, 15, 22, 23, 27, 28, 30, 31 and 65.

Paragraph

Sections 2 to 12.

Paragraph

Section 13(1) to (4) and (6) to (11).

Paragraph

Sections 14 and 15.

Paragraph

Section 17.

Paragraph

Sections 26 to 39.

Paragraph

Sections 41 and 42.

Paragraph

In section 62, in subsection (1), the words “, unless it is an order under paragraph 2 of Schedule 2A”, subsections (2) and (3), in subsection (4), the words “, or to give directions mentioned in subsection (2),”, and subsections (5) and (8).

Paragraph

In section 64, the definitions of “the 1977 Act”, “the 1990 Act” and paragraph (a) of the definition of “NHS trust”.

Paragraph

Section 68(1)(a) and (4).

Paragraph

Schedule 1.

Paragraph

Schedule 2A.

Paragraph

In Schedule 4, paragraphs 4, 6 to 16, 23 to 32, 36 to 39, 76 to 79, 81, 83, 84, 87 and 89.

Paragraph

Sections 1 to 4.

Paragraph

Section 6.

Paragraph

Section 7(2) to (5).

Paragraph

Sections 8 to 13.

Paragraph

Section 14(1) and (3).

Paragraph

Section 16.

Paragraph

Sections 20 and 21.

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Sections 23 to 25.

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Section 27.

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Sections 28 to 38.

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Sections 40 to 43.

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Sections 45 to 48.

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Sections 60 and 61.

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Section 64(3).

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Section 68(2) and (3).

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Schedules 1 to 4.

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In Schedule 5, paragraph 5, 8, 11 and 12.

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Section 1.

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Section 2(1) to (4).

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Section 3.

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Section 4(2).

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Section 5.

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Sections 6 to 10.

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Sections 15 to 18.

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Sections 19(1) to (5).

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Section 20 and 21.

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In section 22, subsections (1) to (3) and (8) and (9).

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Sections 23 and 24.

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Section 36.

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In section 38(2), “36 or”.

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In section 38(3) “or an order under section 36,”.

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In section 42(2), the definitions of “the 1977 Act” and “NHS trust”.

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In Schedule 1, Part 1 and paragraphs 40 to 43, 46, 51 to 53 and 55.

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In Schedule 2, paragraphs 1 and 2, 12 to 37, 54, 58, 67, 69, and 73 to 82.

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In Schedule 3, paragraphs 1, 7, 8, 11 and 14.

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Schedule 4.

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In Schedule 5, paragraphs 4 to 20, 23, 31 to 33, 36, 43, 45, and 49 to 51.

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In Schedule 6, paragraphs 1 to 15.

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In Schedule 8, paragraphs 1 to 9, 12, 18, 23 to 27, and 30 to 37.

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Section 1(1), (3) and (4).

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Schedule 1.

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In Schedule 3, paragraphs 3, 4, 6 and 9.

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Sections 1 to 32.

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Section 33(2).

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Sections 35 to 40.

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Sections 170 to 172, 174, 175, and 177 to 183.

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In section 195(1), “or a power to make an order conferred by Part 1”.

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Sections 191 and 192.

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Schedule 1.

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In Schedule 2, paragraphs 1 to 5(2), and 5(4) to 16.

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Schedule 3.

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In Schedule 4, paragraphs 23 to 32, 34 to 45, 83 to 85, 108, 109, 115 to 118, 123 and 124.

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Schedule 5.

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In Schedule 9, paragraph 9.

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In Schedule 11, paragraphs 7 to 10, 12 to 16, 18 to 32, 35 to 37, 39 to 45 and 69 to 74.

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In Schedule 13, paragraphs 4 and 6(a) and (b).

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In Schedule 4, paragraph 95.

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In Schedule 7, the entry relating to the National Health Service Act 1977.

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Sections 34 and 35.

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Section 36(1).

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Sections 37 to 42.

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Sections 44 to 56.

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Section 74.

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Section 78(3).

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Schedule 3.

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In Schedule 8, paragraphs 6 to 22, 24, 25, 29, 34, 36, 44(5), 46, 50, 51 and 54.