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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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              (a)             in paragraph (b)(ii), after “arrangements or” insert “primary medical

services in accordance with”;

              (b)             in paragraph (c)(i), for “36(1)(a)” substitute “28X”;

              (c)             in paragraph (c)(ii), after “arrangements or” insert “primary dental

services in accordance with”.

5

Medical Act 1983 (c.54)

  47       The Medical Act 1983 is amended as follows.

  48       In section 11(4), in the definition of “medical practice”—

              (a)             after “practitioners—” insert—

                           “(za)                             perform primary medical services under Part 1 of the

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National Health Service Act 1977; or”;

              (b)             in paragraph (a), omit “Part II of the National Health Service Act

1977,”;

              (c)             in paragraph (b), omit “section 28C of the 1977 Act,”.

  49       In section 12(2)(a), for “general medical services under Part II of the National

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Health Service Act 1977,” substitute “primary medical services under Part 1

of the National Health Service Act 1977 or general medical services under”.  

Dentists Act 1984 (c.24)

  50                         In section 40(2) of the Dentists Act 1984, after paragraph (a) insert—

                    “(aa)                      by a person providing primary dental services under section

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28C of the National Health Service Act 1977 or under a

contract under section 28K of that Act, or”.

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

  51       In section 1(6) of the Community Health Councils (Access to Information)

Act 1988, in the paragraph 6B inserted into Schedule 12A of the Local

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Government Act 1972 (c. 70)—

              (a)             after paragraph (a) insert—

                           “(aa)                             any particular person who is or was formerly

included in, or is an applicant for inclusion in, a list

under section 28X of that Act; or

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                           (ab)                             any particular person who is or was formerly

providing services under a contract under section 28K

or section 28Q of that Act; or”;

              (b)             in paragraph (b), for “such a person” substitute “a person mentioned

in paragraphs (a) to (ab) above”.

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Copyright, Designs and Patents Act 1988 (c. 48)

  52       In section 240(4) of the Copyright, Designs and Patents Act 1988—

              (a)             after “providing—” insert—

                           “(za)                             primary medical services or primary dental services

under Part 1 of the National Health Service Act 1977”;

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              (b)             in paragraph (a)(i), after “1977” insert “(in the case of pharmaceutical

services)”;

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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              (c)             omit paragraph (b)(i).

Health and Medicines Act 1988 (c. 49)

  53       The Health and Medicines Act 1988 has effect subject to the following

amendments.

  54       In section 12(1)—

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              (a)             omit “The Dental Estimates Board shall be renamed as “the Dental

Practice Board” and”;

              (b)             in paragraph (a), omit “for any reference to the Dental Estimates

Board there were substituted a reference to the Dental Practice Board

and”;

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              (c)             in paragraph (b)—

                    (i)                   omit “the Dental Estimates Board or”,

                    (ii)                  for “either or both of those Boards” substitute “that Board”,

and

                    (iii)                 omit “the Dental Practice Board and”.

15

  55       In section 17(1)—

              (a)             omit “29, 36”;

              (b)             for “39 or 42” substitute “38, 39, 41 or 42”.

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

  56      (1)      Section 18 of the National Health Service and Community Care Act 1990 is

20

amended as follows (for so long as it has effect).

          (2)      In subsection (1), for “Health Authority”, in each place, substitute “Local

Health Board”.

          (3)      In subsection (3), for paragraphs (a) and (b) substitute—

                    “(a)                      a person or body who has entered into a contract under

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section 28Q of the principal Act, otherwise than in

partnership; or

                    (b)                      two or more individuals practising in partnership who

together have entered into such a contract,”.

          (4)      In subsections (4) and (5), for “Health Authority”, in each place, substitute

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“Local Health Board”.

          (5)      At the end insert—

              “(9)                In this section, references to the “relevant” Primary Care Trust or

Local Health Board, in relation to a practice, are to the Primary Care

Trust or Local Health Board with which it has entered into a contract

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under section 28Q of the principal Act.”

Access to Health Records Act 1990 (c.23)

  57      (1)      The Access to Health Records Act 1990 is amended as follows.

          (2)      In section 1, in subsection (2), for paragraph (a) substitute—

                    “(a)                      in the case of a record made by a health professional

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performing primary medical services under a general

medical services contract made with a Primary Care Trust or

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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Local Health Board, the person or body who entered into the

contract with the Trust or Board (or, in a case where more

than one person so entered into the contract, any such

person);

                    (aa)                      in the case of a record made by a health professional

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performing such services in accordance with arrangements

under section 28C of that Act with a Primary Care Trust,

Strategic Health Authority or Local Health Board, the person

or body which made the arrangements with the Trust,

Authority or Board (or, in a case where more than one person

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so made the arrangements, any such person);”.

          (3)      In that subsection, in paragraph (b), after “by a health service body” insert

(and not falling within paragraph (aa) above)”.

          (4)      In section 7—

              (a)             in subsection (2), omit the words from “(other” to “section 1(2)(a)

15

above)”; and

              (b)             omit subsection (3).

          (5)      In section 11—

              (a)             at the appropriate place, insert—

                                      “general medical services contract” means a contract under

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section 28Q of the National Health Service Act 1977;”;

              (b)             omit the definition of “general practitioner”.

          (6)      This paragraph extends to England and Wales only.

Water Industry Act 1991 (c.56)

  58       In Schedule 4A to the Water Industry Act 1991, for paragraph 7 substitute—

25

          “7.                  Premises not falling within paragraph 5 or 6 above which are used

for the provision of primary medical services or primary dental

services under Part 1 of the National Health Service Act 1977.”

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

  59      (1)      Section 279 of the Trade Union and Labour Relations (Consolidation) Act

30

1992 is amended as follows.

          (2)      In paragraph (a), omit “28C, 29, 35”.

          (3)      Renumber the existing provision as subsection (1).

          (4)      After that provision insert—

              “(2)                In this Act “worker” also includes an individual regarded in his

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capacity as one who works or normally works or seeks to work as a

person performing primary medical services or primary dental

services—

                    (a)                   in accordance with arrangements made by a Primary Care

Trust, Strategic Health Authority or Local Health Board

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under section 28C of the National Health Service Act 1977; or

                    (b)                   under a contract under section 28K or 28Q of that Act entered

into by him with a Primary Care Trust or Local Health Board,

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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                              and “employer” in relation to such an individual, regarded in that

capacity, means that Trust, Authority or Board.”

Health Service Commissioners Act 1993 (c. 46)

  60       The Health Service Commissioners Act 1993 has effect subject to the

following amendments.

5

  61       In section 2—

              (a)             in subsection (1)(c), for the words from “exercising” to the end

substitute “not exercising functions only or mainly in Wales”;

              (b)             in subsection (2)(b), for the words from “exercising” to the end

substitute “not exercising functions only or mainly in England”.

10

  62      (1)      Section 2A is amended as follows.

          (2)      In subsection (1)—

              (a)             for paragraph (a) substitute—

                           “(a)                             persons (whether individuals or bodies) providing

services under a contract entered into by them with a

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Primary Care Trust under section 28K or 28Q of the

National Health Service Act 1977”;

              (b)             in paragraph (c), for “personal”, in both places, substitute “primary”.

          (3)      In subsection (2)—

              (a)             for paragraph (a) substitute—

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                           “(a)                             persons (whether individuals or bodies) providing

services under a contract entered into by them with a

Local Health Board under section 28K or 28Q of the

National Health Service Act 1977;”;

              (b)             in paragraph (c), for “personal”, in both places, substitute “primary”.

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  63       In section 6(5)—

              (a)             omit “29, 36”;

              (b)             for “39 or 42” substitute “38, 39, 41 or 42”.

  64       In section 18(1), after “partly” insert “or wholly”.

Employment Rights Act 1996 (c. 18)

30

  65      (1)      Section 43K of the Employment Rights Act 1996 is amended as follows.

          (2)      In subsection (1), after paragraph (b) insert—

                    “(ba)                      works or worked as a person performing services under a

contract entered into by him with a Primary Care Trust or

Local Health Board under section 28K or 28Q of the National

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Health Service Act 1977,”.

          (3)      In subsection (2), after paragraph (a) insert—

                    “(aa)                      in relation to a worker falling within paragraph (ba) of that

subsection, the Primary Care Trust or Local Health Board

referred to in that paragraph,”.

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Education Act 1996 (c. 56)

  66       In section 520(1) of the Education Act 1996, for “(1A)” substitute “16CB”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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Health Act 1999 (c. 8)

  67       In Schedule 3 to the Health Act 1999, in paragraph 11(2)—

              (a)             in sub-paragraph (c), for the words from “provide” to “under”

substitute “perform primary medical services under Part 1 of”;

              (b)             in sub-paragraph (d), for the words from “provide” to “under”

5

substitute “perform primary dental services under Part 1 of”.

Freedom of Information Act 2000 (c. 36)

  68       In Schedule 1 to the Freedom of Information Act 2000, in Part 3, before

paragraph 44 insert—

          “43A                  Any person providing primary medical services or primary dental

10

services—

                      (a)                     in accordance with arrangements made under section 28C

of the National Health Service Act 1977; or

                      (b)                     under a contract under section 28K or 28Q of that Act;

                            in respect of information relating to the provision of those

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services.”

Health and Social Care Act 2001 (c. 15)

  69       The Health and Social Care Act 2001 has effect subject to the following

amendments.

  70       Section 18 shall cease to have effect.

20

  71       In section 28(4), for the words from “personal medical services” to the end

substitute “primary medical services or primary dental services under any

provision of, or made under, the 1977 Act.”

  72      (1)      Schedule 1 is amended as follows.

          (2)      For paragraphs 11 and 12 substitute—

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          “11.                  Information relating to a particular person who—

                      (a)                     is or was formerly providing primary medical services or

primary dental services under a contract under section 28K

or 28Q of the 1977 Act;

                      (b)                     is or was formerly included in, or is an applicant for

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inclusion in, a list under section 28X of the 1977 Act.”

          (3)      In paragraph 13, for “, 11 or 12” substitute “or 11”.

  73       In Schedule 2, in paragraph 5(2), for paragraphs (c) and (d) substitute—

                             “(c)                               primary medical services provided under Part 1 of

the 1977 Act.”

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

  74      (1)      Section 17 of the National Health Service Reform and Health Care

Professions Act 2002 is amended as follows.

          (2)      In subsection (1)—

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 12 — Privy Council appointments

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              (a)             after paragraph (f) insert—

                           “(fa)                             persons providing primary medical services or

primary dental services under Part 1 of the 1977 Act,”;

and

              (b)             in paragraph (g), omit the words from “or under” to “that Act”.

5

          (3)      In subsection (2), for “(1)(g)” substitute “(1)(fa), (g)”.

Schedule 12

Section 183

 

Privy Council appointments

Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)

  1       (1)      The Pharmacy Act 1954 is amended as follows.

10

          (2)      In section 15 (appointment of certain members to the Council of the

Pharmaceutical Society of Great Britain) after subsection (2) there are

inserted the following subsections—

              “(3)                Subsection (4) applies if, under section 183 of the Health and Social

Care (Community Health and Standards) Act 2003, the Secretary of

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State has given a direction to a Special Health Authority to exercise

any function of a Minister of the Crown relating to the making of

appointments to a body mentioned in that section.

              (4)                The Privy Council may direct the Special Health Authority to

exercise to the extent specified in the direction its functions under

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this section in relation to—

                    (a)                   the appointment of members to the Council;

                    (b)                   the period for which a person appointed is to hold office.”

          (3)      In Schedule 1 (the Statutory Committee) after paragraph 3 there is inserted

the following paragraph—

25

          “3A                 (1)                  This paragraph applies if, under section 183 of the Health and

Social Care (Community Health and Standards) Act 2003, the

Secretary of State has given a direction to a Special Health

Authority to exercise any function of a Minister of the Crown

relating to the making of appointments to a body mentioned in

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that section.

                           (2)                  The Privy Council may direct the Special Health Authority to

exercise to the extent specified in the direction its functions under

paragraph 1 in relation to the appointment and removal of the

chairman of the committee.

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                           (3)                  If the Privy Council give a direction as mentioned in sub-

paragraph (2) for so long as the direction remains in force and for

the purposes (if any) specified in the direction paragraph 3(2)(b)

must be construed as if the reference to the Clerk to the Privy

Council is a reference to the Special Health Authority.”

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Health and Social Care (Community Health and Standards) Bill
Schedule 12 — Privy Council appointments

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Medical Act 1983 (c. 54)

  2       (1)      Schedule 1 to the Medical Act 1983 (the General Medical Council) is

amended as follows.

          (2)      In paragraph 4(1) (nominated members) for the words “Her Majesty on the

advice of Her Privy Council” there are substituted “the Privy Council”.

5

          (3)      After paragraph 4 there is inserted—

          “4ZA                 (1)                  This paragraph applies if, under section 183 of the Health and

Social Care (Community Health and Standards) Act 2003, the

Secretary of State has given a direction to a Special Health

Authority to exercise any function of a Minister of the Crown

10

relating to the making of appointments to a body mentioned in

that section.

                           (2)                  The Privy Council may direct the Special Health Authority to

exercise to the extent specified in the direction its functions under

paragraph 4 in relation to the nomination of persons to be

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nominated members of the Council.”

Dentists Act 1984 (c. 24)

  3       (1)      Schedule 1 to the Dentists Act 1984 (the General Dental Council) is amended

as follows.

          (2)      In paragraph 1 (constitution) in sub-paragraph (5) for “paragraph 2” there is

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substituted “paragraphs 2 and 2A”.

          (3)      In paragraph 2 (lay members) for sub-paragraphs (2) and (3) there are

substituted the following—

                           “(2)                  The lay members shall be appointed by the Privy Council.

                           (3)                  The lay members must include at least one person from each of

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England, Scotland, Wales and Northern Ireland.

                           (4)                  A person is from England, Scotland, Wales or Northern Ireland (as

the case may be) if he lives or works there or mainly lives or works

there.”

          (4)      After paragraph 2 there is inserted the following paragraph—

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          “2A                 (1)                  This paragraph applies if, under section 183 of the Health and

Social Care (Community Health and Standards) Act 2003, the

Secretary of State has given a direction to a Special Health

Authority to exercise any function of a Minister of the Crown

relating to the making of appointments to a body mentioned in

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that section.

                           (2)                  The Privy Council may direct the Special Health Authority to

exercise to the extent specified in the direction its functions under

paragraph 2 in relation to—

                      (a)                     the appointment of persons to be lay members of the

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Council;

                      (b)                     the termination of such an appointment.”

Opticians Act 1989 (c. 44)

  4        In Schedule 1 to the Opticians Act 1989 (the General Optical Council) after

 

 

 
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