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Health and Social Care (Community Health and Standards) Bill


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

    165

 

paragraph 2 there is inserted the following paragraph—

          “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

5

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—

                      (a)                     its functions under paragraphs 1 and 2 in relation to the

10

nomination of persons to be members of the Council;

                      (b)                     its functions under paragraph 8 in relation to the

nomination of the Chairman of the Council.”

Osteopaths Act 1993 (c. 21)

  5        In the Schedule to the Osteopaths Act 1993 after paragraph 11 (members of

15

the General Council appointed by the Privy Council) there is inserted the

following paragraph—

          “11A                 (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

20

Authority to exercise any function of a Minister of the Crown

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

25

paragraphs 1 and 11 in relation to the appointment of members of

the Council.”

Chiropractors Act 1994 (c. 17)

  6        In Schedule 1 to the Chiropractors Act 1994 after paragraph 11 (members of

the General Council appointed by the Privy Council) there is inserted the

30

following paragraph—

          “11A                 (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

35

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

paragraphs 1 and 11 in relation to the appointment of members of

40

the Council.”

The Nursing and Midwifery Order 2001 (S.I. 2002/253)

  7        In Schedule 1 to the Nursing and Midwifery Order 2001 (the Nursing and

Midwifery Council) after paragraph 15 (powers of the Council) there is

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 13 — Amendments consequential on the abolition of the Public Health Laboratory Service Board

    166

 

inserted the following paragraph—

“Privy Council functions

          15A                 (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

5

Authority to exercise any function of a Minister of the Crown

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

10

this Part of this Schedule in relation to the appointment,

replacement and removal of members of the Council.”

The Health Professions Order 2001 (S.I. 2002/254)

  8        In Schedule 1 to the Health Professions Order 2001 (the Health Professions

Council) after paragraph 16 (powers of the Council) there is inserted the

15

following paragraph—

“Privy Council functions

          16A                 (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

20

Authority to exercise any function of a Minister of the Crown

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

25

this Part of this Schedule in relation to the appointment,

replacement and removal of members of the Council.”

Schedule 13

Section 186

 

Amendments consequential on the abolition of the Public Health Laboratory

Service Board

30

Parliamentary Commissioner Act 1967 (c. 13)

  1        In paragraph 8(1) of Schedule 3 to the Parliamentary Commissioner Act 1967

(matters not subject to examination) the words “or by the Public Health

Laboratory Service Board” are omitted.

House of Commons Disqualification Act 1975 (c. 24)

35

  2        In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(other disqualifying offices) the entry relating to the Chairman of the Public

Health Laboratory Service Board is omitted.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 13 — Amendments consequential on the abolition of the Public Health Laboratory Service Board

    167

 

Race Relations Act 1976 (c. 74)

  3        In Part 2 of Schedule 1A to the Race Relations Act 1976 (additional bodies

subject to a general statutory duty) the entry relating to the Public Health

Laboratory Service Board is omitted.

National Health Service Act 1977 (c. 49)

5

  4        In the National Health Service Act 1977—

              (a)             in section 5 (provision of other services), subsections (4) and (5) are

omitted;

              (b)             in section 127(c) the words “(except the Public Health Laboratory

Service Board)” are omitted;

10

              (c)             Schedule 3 (Public Health Laboratory Service Board) is omitted.

Income and Corporation Taxes Act 1988 (c.1)

  5        In section 519A(2) of the Income and Corporation Taxes Act 1988 (definition

of health bodies) paragraph (h) is omitted.

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

15

  6        In the National Health Service and Community Care Act 1990—

              (a)             in section 4(2) (NHS contracts) paragraph (h) is omitted;

              (b)             in section 21(2) (schemes for meeting losses and liabilities of certain

health service bodies) paragraph (c) and the word “and” preceding it

are omitted;

20

              (c)             in section 60(7) (removal of Crown immunities) paragraph (h) and

the word “and” preceding it are omitted.

Health Service Commissioners Act 1993 (c. 46)

  7        In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject

to investigation) paragraph (g) and the word “and” preceding it are omitted.

25

Employment Rights Act 1996 (c. 18)

  8        In section 218(10) (list of health service employers affected by continuity of

employment provisions) paragraph (e) and the word “and” preceding it are

omitted.

Government of Wales Act 1998 (c. 38)

30

  9       (1)      In Schedule 5 to the Government of Wales Act 1998 (bodies covered by

power of Assembly to require under section 74 of that Act certain persons to

attend and give evidence and produce documents), paragraph 39 is omitted.

          (2)      But sub-paragraph (1) does not affect a requirement made—

              (a)             before this paragraph comes into force;

35

              (b)             in relation to any matter which occurred or existed before that time.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 14 — Repeals and revocations
Part 1 — NHS foundation trusts

    168

 

Freedom of Information Act 2000 (c. 36)

  10       In Schedule 1 to the Freedom of Information Act 2000 (public authorities for

the purposes of the Act) paragraph 43 is omitted.

International Development Act 2002 (c. 1)

  11       In Schedule 1 to the International Development Act 2002 (bodies with power

5

to enter into certain arrangements) the words “Public Health Laboratory

Service Board” are omitted.

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

  12       In section 133(4) of the Nationality, Immigration and Asylum Act 2002

(disclosure of certain information to health service bodies)—

10

              (a)             in paragraph (a) the word “or” is inserted after sub-paragraph (iii)

and sub-paragraph (v) and the word “or” preceding it are omitted;

              (b)             in paragraph (b) the word “or” is inserted after sub-paragraph (i) and

sub-paragraph (iii) and the word “or” preceding it are omitted.

Schedule 14

15

Section 192

 

Repeals and revocations

Part 1

NHS foundation trusts

 

Reference

Extent of repeal or revocation

 
 

Health Services and Public

In section 63(5B), the “and” at the end of

 

20

 

Health Act 1968 (c. 46)

paragraph (bbb).

 
 

National Health Service Act

In section 22(1A), the “or” at the end of

 
 

1977 (c. 49)

paragraph (cc).

 
  

In section 125, the “and” at the end of paragraph

 
  

(bbb).

 

25

 

National Health Service and

In Schedule 2, paragraphs 21 and 25(b).

 
 

Community Care Act 1990 (c.

In Schedule 9—

 
 

19)

  paragraph 7(a),

 
  

  paragraph 13(a),

 
  

  in paragraph 18(5)(a), the words from “after”

 

30

  

to “trust” and”,

 
  

  paragraph 36(4)(a).

 
 

Access to Health Records Act

In section 11, in the definition of “health service

 
 

1990 (c. 23)

body”, the “or” before paragraph (d).

 
 

Courts and Legal Services Act

In Schedule 16—

 

35

 

1990 (c. 41)

  in paragraph 14(b), the words from “and

 
  

after” to the end,

 
  

  paragraph 20.

 
 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 14 — Repeals and revocations
Part 2 — Standards

    169

 
 

Reference

Extent of repeal or revocation

 
 

Health and Social Care Act 2001

In section 11(2), the “and” before paragraph (c).

 
 

(c. 15)

  
 

Part 2

Standards

5

 

Reference

Extent of repeal or revocation

 
 

Public Records Act 1958 (c. 51)

In Schedule 1, in Part 2 of the Table at the end of

 
  

paragraph 3, the entries relating to the

 
  

Commission for Health Improvement and the

 
  

National Care Standards Commission.

 

10

 

Public Bodies (Admission to

In the Schedule, paragraph 1(bc) and (bf).

 
 

Meetings) Act 1960 (c. 67)

  
 

Parliamentary Commissioner

In Schedule 2, the entries relating to the

 
 

Act 1967 (c. 13)

Commission for Health Improvement and the

 
  

National Care Standards Commission.

 

15

 

Local Authority Social Services

Section 7B.

 
 

Act 1970 (c. 42)

  
 

House of Commons

In Part 2 of Schedule 1, the entries relating to the

 
 

Disqualification Act 1975

Commission for Health Improvement and the

 
 

(c.24)

National Care Standards Commission.

 

20

 

Northern Ireland Assembly

In Part 2 of Schedule 1, the entries relating to the

 
 

Disqualification Act 1975

Commission for Health Improvement and the

 
 

(c.25)

National Care Standards Commission.

 
 

Hospital Complaints Procedure

In section 1—

 
 

Act 1985 (c. 42)

  in subsection (1), the words from “to each”,

 

25

  

where first occurring, to “Wales and” and the

 
  

words “Strategic Health Authority, Health

 
  

Authority, Special Health Authority or”;

 
  

and“20 or” and “or Schedule 2,”;

 
  

  subsections (1B), (1C)(a) and (3)(a).

 

30

 

Children Act 1989 (c. 41)

Section 14G.

 
 

Health Service Commissioners

Section 4(6).

 
 

Act 1993 (c. 46)

  
 

Health Authorities Act 1995

In Schedule 1, paragraph 109.

 
 

(c. 17)

  

35

 

Health Act 1999 (c. 8)

Sections 18 to 24.

 
  

In section 62—

 
  

  in subsection (1), “20 or” and “or Schedule 2,”;

 
  

  in subsection (5), “20 or”.

 
  

In section 64, the definition of “the

 

40

  

Commission”.

 
  

Section 66(6).

 
  

Schedule 2.

 
  

In Schedule 4, paragraph 71.

 
 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 14 — Repeals and revocations
Part 3 — Recovery of NHS charges

    170

 
 

Reference

Extent of repeal or revocation

 
 

National Assembly for Wales

In Schedule 1, in the entry relating to the Health

 
 

(Transfer of Functions) Order

Act 1999, “20(1), 22 and” and “and Schedule 2

 
 

1999 (S.I. 1999/672)

(other than paragraph 2)”.

 
  

In Schedule 2, the entries relating to the Health

 

5

  

Act 1999.

 
 

Care Standards Act 2000 (c. 14)

Sections 6 and 7.

 
 

Care Standards Act 2000 (c.

Section 9.

 
 

14)—cont.

Section 10(1).

 
  

Section 22(8)(a).

 

10

  

In section 31(6), the words “and inspect any

 
  

medical records relating to his treatment in

 
  

the establishment”.

 
  

Section 32(8).

 
  

Section 44.

 

15

  

Section 45(1) to (3) and (5).

 
  

Sections 46 and 47.

 
  

Section 49(2).

 
  

Section 51.

 
  

In section 113(1), “the Commission or” and, in

 

20

  

paragraph (b), “6(2) or”.

 
  

In section 121(13), in the table, the entry for “the

 
  

Commission”.

 
  

In Schedule 1—

 
  

  in paragraph 1(1), “the Commission,”;

 

25

  

  paragraphs 9 to 11, 15 and 17.

 
 

Local Government Act 2000 (c.

In Schedule 5, paragraph 29.

 
 

22)

  
 

Freedom of Information Act

In Part VI of Schedule 1, the reference to the

 
 

2000 (c. 36)

Commission for Health Improvement.

 

30

 

National Health Service Reform

Sections 11 to 14.

 
 

and Health Care Professions

In Schedule 1, paragraphs 37, 49 and 50.

 
 

Act 2002 (c. 17)

In Schedule 5, paragraph 44.

 
  

In Schedule 8, paragraphs 28 to 31.

 
 

Health and Social Care

In Schedule 8, paragraph 25.

 

35

 

(Community Health and

  
 

Standards) Act 2003

  
 

Part 3

Recovery of NHS charges

 

Reference

Extent of repeal or revocation

 

40

 

Road Traffic (NHS Charges) Act

The whole Act.

 
 

1999 (c. 3)

  
 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 14 — Repeals and revocations
Part 4 — Dental and medical services

    171

 
 

Reference

Extent of repeal or revocation

 
 

Road Traffic Act 1988 (c. 52)

In section 145(6)—

 
  

     (a)     the words “or the Road Traffic (NHS

 
  

Charges) Act 1999”, and

 
  

     (b)    in paragraph (b), the words “or section 1

 

5

  

of the Act of 1999”.

 
  

In section 161(1), in the definition of “hospital”,

 
  

paragraph (b).

 
 

Tribunals and Inquiries Act

In Part 2 of Schedule 1, paragraph 56(e).

 
 

1992 (c. 53)

  

10

 

Community Care and Health

Section 20(3).

 
 

(Scotland) Act 2002 (asp 5)

  
 

Part 4

Dental and medical services

 

Reference

Extent of repeal or revocation

 

15

 

National Health Service

The whole Act.

 
 

(Amendment) Act 1949 (c. 93)

  
 

Parliamentary Commissioner Act

In Schedule 3, in paragraph 8(1), “the Dental

 
 

1967 (c. 13)

Practice Board or”.

 
 

Health Services and Public Health

In section 59(2A), “section 28C of the 1977

 

20

 

Act 1968 (c. 46)

Act,”.

 
  

In section 63(2)(ba), “section 28C of the 1977

 
  

Act or”.

 
 

House of Commons

In Schedule 1, in Part 3, the entry relating to

 
 

Disqualification Act 1975 (c. 24)

the Chairman or Vice-Chairman of the

 

25

  

Dental Practice Board or member of that

 
  

Board appointed at an annual salary.

 
 

Race Relations Act 1976 (c. 74)

In Schedule 1A, in Part 2, the entry relating to

 
  

the Dental Practice Board.

 
 

Patents Act 1977 (c. 37)

In section 56(4)(a)(ii), “section 28C of the 1977

 

30

  

Act,”.

 
 

 

 
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