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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 6 — Final provisions

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Other provisions

 187   Loans by Secretary of State to NHS trusts

     (1)    Paragraph 1 of Schedule 3 to the National Health Service and Community Care

Act 1990 (c. 19) (borrowings of NHS trusts) is amended as follows.

     (2)    In sub-paragraph (6), the words “, with the consent of the Treasury,” are

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omitted.

 188   Amendment of provision relating to reform of Welsh health authorities

In section 27 of the Government of Wales Act 1998 (c. 38) (reform of Welsh

health authorities), in subsection (7), for “(5)(b)” substitute “(7)(b)”.

Part 6

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Final provisions

 189   Financial provisions

There shall be paid out of money provided by Parliament—

           (a)           any expenditure incurred by the Secretary of State by virtue of this Act;

and

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           (b)           any increase attributable to this Act in the sums payable out of money

so provided under any other Act.

 190   Interpretation

In this Act—

                      “the 1977 Act” means the National Health Service Act 1977 (c. 49);

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                      “the Assembly” means the National Assembly for Wales.

 191   Orders and regulations

     (1)    Any order or regulations under this Act—

           (a)           may make different provision for different purposes; and

           (b)           may make incidental, supplementary, consequential, transitory or

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transitional or saving provision.

     (2)    Any power to make regulations conferred by this Act (as well as being

exercisable in relation to all cases to which it extends) may be exercised in

relation to all those cases subject to exceptions or in relation to any particular

case or class of case.

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     (3)    Before making any regulations under Part 3 the Secretary of State must consult

the Assembly.

     (4)    Any power to make an order or regulations under this Act is exercisable by

statutory instrument.

     (5)           The Secretary of State may not make a statutory instrument containing—

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           (a)           regulations under section 146(12),

           (b)           the first regulations made under section 149(2), or

 

 

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           (c)           an order or regulations under this Act making, by virtue of subsection

(1)(b), provision which amends or repeals any part of the text of an Act,

            unless a draft of the instrument has been laid before, and approved by

resolution of, each House of Parliament.

     (6)    A statutory instrument containing any other order or regulations under this

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Act made by the Secretary of State (apart from an order under section 22, 25(3),

28 or 194) is subject to annulment in pursuance of a resolution of either House

of Parliament.

     (7)    A statutory instrument containing regulations under Part 3 made by the

Scottish Ministers is subject to annulment in pursuance of a resolution of the

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Scottish Parliament.

 192   Repeals and revocations

The enactments mentioned in Schedule 14 (which include provisions of Acts of

the Scottish Parliament) are repealed or revoked to the extent specified.

 193   Wales

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     (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 shall (as from the time when the Act is so amended) be treated as referring

to that Act as amended by this Act.

     (2)    Subsection (1) does not affect the power to make further Orders varying or

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omitting any reference to an Act which is amended by this Act.

 194   Commencement

     (1)    Subject to this section—

           (a)           the provisions of Parts 1 to 5, and

           (b)           section 192 and Schedule 14,

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            shall come into force on such day as the appropriate authority may by order

appoint.

     (2)    The appropriate authority is—

           (a)           in relation to Part 1, and section 192 and Schedule 14 so far as relating

to that Part, the Secretary of State;

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           (b)           in relation to Part 2—

                  (i)                 for section 41 and Schedule 7, sections 54 and 57, Chapter 5,

sections 100 to 103, 108, 110, 114(1), 122, 123, 125, 127, 129, 131,

133 and 137, section 143 and Schedule 9 so far as relating to the

Commission for Social Care Inspection, and section 192 and

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Schedule 14 so far as relating to those provisions, the Secretary

of State;

                  (ii)                for sections 46 and 62, Chapters 4 and 6, sections 107, 114(2), 138

to 141 and section 192 and Schedule 14 so far as relating to those

provisions, the Assembly;

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                  (iii)               for sections 104 to 106, 109, 111, 112, 113, 114(3), 115, section 143

and paragraph 4 of Schedule 9 and section 192 and Schedule 14

so far as relating to those provisions, the Secretary of State, in

relation to England, and the Assembly, in relation to Wales; and

 

 

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                  (iv)                for the other provisions of the Part, and section 192 and

Schedule 14 so far as relating to those provisions, the Secretary

of State after consulting the Assembly;

           (c)           in relation to Part 3, and section 192 and Schedule 14 so far as relating

to that Part—

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                  (i)                 in relation to England and Wales, the Secretary of State after

consulting the Assembly; and

                  (ii)                in relation to Scotland, the Scottish Ministers with the consent

of the Secretary of State;

           (d)           in relation to section 177, and section 192 and Schedule 14 so far as

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relating to section 177, the Secretary of State;

           (e)           in relation to the other provisions of Part 4, and section 192 and

Schedule 14 so far as relating to those provisions—

                  (i)                 in relation to England, the Secretary of State; and

                  (ii)                in relation to Wales, the Assembly;

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           (f)           in relation to Part 5, and section 192 and Schedule 14 so far as relating

to that Part, the Secretary of State.

     (3)    Different days may be appointed for different purposes.

     (4)    Subsection (1) does not apply in relation to any provision of this Act so far as it

confers power to make an order or regulations, or to section 163, 182 or 188.

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 195   Transitional or transitory provision and savings

     (1)    The appropriate authority may by order make such transitional or transitory

provisions and savings as the authority considers appropriate in connection

with the coming into force of any provision of this Act.

     (2)    For the purposes of this section “appropriate authority”, in relation to any

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provision of this Act, means the authority which is the appropriate authority

in relation to that provision for the purposes of section 194.

     (3)    An order under this section may modify any Act (including an Act of the

Scottish Parliament) or subordinate legislation.

     (4)    Nothing in any transitional or transitory provisions and savings contained in

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this Act restricts the power under this section to make other transitional

provisions and savings.

 196   Supplementary and consequential provision

     (1)    The appropriate authority may by order made such supplementary, incidental

or consequential provision as he or it thinks appropriate for the purposes of, in

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consequence of or for giving full effect to any provision of this Act.

     (2)    For the purposes of this section “appropriate authority”, in relation to any

provision of this Act, means the authority which is the appropriate authority

in relation to that provision for the purposes of section 194.

     (3)    An order under this section may modify any Act (including an Act of the

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Scottish Parliament) or subordinate legislation.

     (4)    The power under this section is not restricted by any other provision of this

Act.

 

 

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 197   Extent

     (1)    The amendment or repeal of any provision by this Act has the same extent as

the provision being amended or repealed (subject to any express limitation

contained in this Act).

     (2)    Subject to that and except as provided below this Act extends to England and

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Wales only.

     (3)    The following provisions also extend to Scotland—

           (a)           sections 122 and 123;

           (b)           Part 3, except for section 159(3);

           (c)           sections 181, 183 and 184 and Schedule 12;

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           (d)           this Part.

     (4)    The following provisions also extend to Northern Ireland—

           (a)           sections 122 and 123;

           (b)           section 182;

           (c)           sections 183, 184 and Schedule 12;

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           (d)           this Part.

 198   Short title

This Act may be cited as the Health and Social Care (Community Health and

Standards) Act 2003.

 

 

 
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