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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

155

 

(ii)   

if regulations so provide, in all

circumstances,”.

      (3)  

In subsection (2), in the definition of “relevant area”—

(a)   

after “Primary Care Trust”, in both places, insert “, Local Health

Board”;

5

(b)   

after “by arrangement” insert “or contract”;

(c)   

for paragraphs (a) and (b) substitute “provided or performed

services as specified in subsection (1) above”.

27    (1)  

Section 72 is amended as follows.

      (2)  

In subsection (5), at the end insert “and

10

(d)   

persons providing primary medical services or primary

dental services under a general medical services contract or a

general dental services contract or in accordance with section

28C arrangements”.

      (3)  

In subsection (6)(a), for “Part II” substitute “this Act”.

15

28         

In section 77, at the end insert—

“(4)   

This section does not apply in relation to the provision of any

relevant dental service (within the meaning of section 79 below).”

29         

In section 78(3), for “paragraphs 2 and 5” substitute “paragraph 2”.

30         

In section 83(a), for “to 79” substitute “and 78”.

20

31         

In section 83A(1)(a), for the words from “section 77(1)” to “1997” substitute

“section 77(1), 78(1) or 79 above”.

32         

In section 85(1)—

(a)   

insert “or” at the end of paragraph (bbb);

(b)   

omit paragraph (e).

25

33    (1)  

Section 98 is amended as follows.

      (2)  

In subsection (1)—

(a)   

insert “and” at the end of paragraph (dd);

(b)   

omit paragraph (e) and the preceding “and”.

      (3)  

In subsection (4)—

30

(a)   

in paragraph (a), omit the words from “, other than” to the end;

(b)   

omit paragraph (b).

34         

In section 99(1)—

(a)   

insert “and” at the end of paragraph (bb);

(b)   

omit paragraph (f) and the preceding “and”.

35

35         

In section 100(1)—

(a)   

insert “and” at the end of paragraph (b);

(b)   

omit paragraph (e) and the preceding “and”.

36         

In section 103(1)(a)—

(a)   

after “in respect of” insert “primary medical services or primary

40

dental services provided by any person under Part 1 of this Act or

of”;

(b)   

omit “or in accordance with section 28C arrangements”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

156

 

37         

In section 105(2)(a), for the words from “as part of” to “arrangements”

substitute “in the provision under this Act of primary medical services for

that person”.

38         

In section 126(4), after “19A(7) above” insert “, or by section 28E(3A), 28N,

28T or 28U above,”.

5

39         

In section 128(1), at the appropriate places in alphabetical order insert—

           

““general dental services contract” has the meaning given by section

28K above;”;

           

““general medical services contract” has the meaning given by section

28Q above;”;

10

           

““primary dental services” means services which are primary dental

services for the purposes of Part 1 (see section 16CA);”;

           

““primary medical services” means services which are primary medical

services for the purposes of Part 1 (see section 16CC).”

40    (1)  

In Schedule 7A, paragraph 3 is amended as follows.

15

      (2)  

In sub-paragraph (1)—

(a)   

after paragraph (f) insert—

“(fa)   

persons providing primary medical services or

primary dental services under Part 1 of this Act;”;

(b)   

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

20

      (3)  

 In sub-paragraph (2), for “(1)(g)” substitute “(1)(fa), (g)”.

41         

In Schedule 8A, in paragraph 1(5), for the words from “personal medical” to

the end substitute “primary medical services or primary dental services

under any provision of, or made under, this Act.”

42    (1)  

Schedule 9A is amended as follows.

25

      (2)  

In paragraph 6, for paragraphs (a) and (b) substitute—

“(a)   

health care professional of each description prescribed under

section 28X above, provided that each such health care

professional appointed is included in a list under that

section;”.

30

      (3)  

At the end of paragraph 6 insert—

“For the purposes of paragraph (a) above, “health care professional” has the

same meaning as in section 28X above.”

      (4)  

In paragraph 10—

(a)   

after “49N above” insert “or for the purposes of regulations under

35

section 28X above containing provision corresponding to those

sections”;

(b)   

for paragraph (a) substitute—

“(a)   

if the practitioner is a health care professional of a

description prescribed under section 28X above, one

40

member of the panel must be a health care

professional of the same description;

(aa)   

if the practitioner is of a description referred to in

paragraph 6(c) or (d) above, one member of the panel

must be a practitioner of that description; and”.

45

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

157

 

      (5)  

In paragraph 17(c), at the end insert “or under any provision of regulations

under section 28X above corresponding to that provision”.

43         

In Schedule 10, in paragraph 3, for “general medical services or personal

medical services” substitute “or performed services as specified in section

54(1)”.

5

44         

In Schedule 12, in paragraph 1(1)(b), for “accordance with section 28C

arrangements or”” substitute “the provision of primary medical services

under Part 1 or in accordance with”.

45         

In Schedule 12A, insert “or” after paragraphs 1(2)(b), 2(2)(a), 4(2)(aa), 5(2)(a),

6A(2)(b) and 6B(2)(a).

10

National Health Service (Scotland) Act 1978 (c.29)

46    (1)  

Section 17D of the National Health Service (Scotland) Act 1978 is amended

as follows.

      (2)  

In subsection (1)—

(a)   

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

15

services in accordance with”;

(b)   

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

services in accordance with”.

      (3)  

In subsection (2), in the definition of “NHS employee”—

(a)   

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

20

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”.

Medical Act 1983 (c.54)

25

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

National Health Service Act 1977; or”;

30

(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

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

35

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

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

40

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

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

158

 

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

Government Act 1972 (c. 70)—

(a)   

after paragraph (a) insert—

5

“(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

(ab)   

any particular person who is or was formerly

providing services under a contract under section 28K

10

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”.

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

52         

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

15

(a)   

after “providing—” insert—

“(za)   

primary medical services or primary dental services

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

(b)   

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

services)”;

20

(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)—

25

(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”;

30

(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”.

35

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

40

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

      (2)  

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

Health Board”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

159

 

      (3)  

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

“(a)   

a person or body who has entered into a contract under

section 28Q of the principal Act, otherwise than in

partnership; or

(b)   

two or more individuals practising in partnership who

5

together have entered into such a contract,”.

      (4)  

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

“Local Health Board”.

      (5)  

At the end insert—

“(9)   

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

10

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

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.

15

      (2)  

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

“(a)   

in the case of a record made by a health professional

performing primary medical services under a general

medical services contract made with a Primary Care Trust or

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

20

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

performing such services in accordance with arrangements

25

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

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

30

      (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)

above)”; and

35

(b)   

omit subsection (3).

      (5)  

In section 11—

(a)   

at the appropriate place, insert—

   

“general medical services contract” means a contract under

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

40

(b)   

omit the definition of “general practitioner”.

      (6)  

This paragraph extends to England and Wales only.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

160

 

Water Industry Act 1991 (c.56)

58         

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

“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.”

5

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

59    (1)  

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

1992 is amended as follows.

      (2)  

In paragraph (a), omit “28C, 29, 35”.

      (3)  

Renumber the existing provision as subsection (1).

10

      (4)  

After that provision insert—

“(2)   

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

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

person performing primary medical services or primary dental

services—

15

(a)   

in accordance with arrangements made by a Primary Care

Trust, Strategic Health Authority or Local Health Board

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,

20

   

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.

25

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”.

30

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

35

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—

40

“(a)   

persons (whether individuals or bodies) providing

services under a contract entered into by them with a

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Part 4: minor and consequential amendments

161

 

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”.

63         

In section 6(5)—

(a)   

omit “29, 36”;

5

(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)

65    (1)  

Section 43K of the Employment Rights Act 1996 is amended as follows.

      (2)  

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

10

“(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

Health Service Act 1977,”.

      (3)  

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

15

“(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,”.

Education Act 1996 (c. 56)

66         

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

20

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”

25

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

30

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

35

services.”

Health and Social Care Act 2001 (c. 15)

69         

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

amendments.

 

 

 
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