Health Bill [H.L.] - continued        House of Lords

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  PART III
  MISCELLANEOUS AND SUPPLEMENTARY
 
Regulation of health care and associated professions
Regulation of health care and associated professions.     52. - (1) Her Majesty may by Order in Council make provision-
 
 
    (a) modifying the regulation of any profession to which subsection (2) applies, so far as appears to Her to be necessary or expedient for the purpose of securing or improving the regulation of the profession or the services which the profession provides or to which it contributes,
 
    (b) regulating any other profession which appears to Her to be concerned (wholly or partly) with the physical or mental health of individuals and to require regulation in pursuance of this section.
      (2) The professions referred to in subsection (1)(a) are-
 
 
    (a) the professions regulated by the Pharmacy Act 1954, the Medical Act 1983, the Dentists Act 1984, the Opticians Act 1989, the Osteopaths Act 1993 and the Chiropractors Act 1994,
 
    (b) the professions regulated by the Nurses, Midwives and Health Visitors Act 1997,
 
    (c) the professions regulated by the Professions Supplementary to Medicine Act 1960,
 
    (d) any other profession regulated by an Order in Council under this section.
      (3) The Professions Supplementary to Medicine Act 1960 and the Nurses, Midwives and Health Visitors Act 1997 are to cease to have effect.
 
      (4) Schedule 3 (which makes further provision about Orders under this section) is to have effect.
 
 
Supplementary
Regulations and orders.     53. - (1) Any power to make regulations or an order under this Act is exercisable by statutory instrument.
 
      (2) Subordinate legislation under this Act-
 
 
    (a) may contain such supplementary, incidental, consequential, transitory, transitional or saving provision as the person making the legislation considers necessary or expedient,
 
    (b) may make different provision for different purposes.
      (3) The provision which may be made by virtue of subsection (2) in regulations under section 17 or 27 includes provision amending or repealing any enactment, instrument or document.
 
      (4) Subject to the following subsections, a statutory instrument containing subordinate legislation under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (5) Subsection (4) does not apply to-
 
 
    (a) an order under section 54 which contains only provision for or in connection with the transfer of any property, rights or liabilities, or
 
    (b) an order under section 58.
      (6) No order is to be made under section 33(10) unless a draft has been laid before, and approved by resolution of, each House of Parliament.
 
      (7) No recommendation is to be made to Her Majesty to make an Order in Council under section 52 unless a draft has been laid before, and approved by resolution of, each House of Parliament.
 
      (8) But if any provision made by an Order in Council under that section would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, no recommendation is to be made to Her Majesty to make the Order unless a draft-
 
 
    (a) has been laid before, and approved by resolution of, each House of Parliament, and
 
    (b) has been laid before, and approved by resolution of, the Scottish Parliament.
Supplementary and consequential provision etc.     54. - (1) The Secretary of State may by order make-
 
 
    (a) such supplementary, incidental or consequential provision, or
 
    (b) such transitory, transitional or saving provision,
  as he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.
 
      (2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.
 
Interpretation.     55. In this Act-
 
 
    "the 1977 Act" means the National Health Service Act 1977,
 
    "the 1990 Act" means the National Health Service and Community Care Act 1990,
 
    "the Commission" means the Commission for Health Improvement,
 
    "enactment" includes an enactment whenever passed or made.
 
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Prepared 22 March 1999