House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Privy Council appointments

162

 

70         

Section 18 shall cease to have effect.

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.

5

      (2)  

For paragraphs 11 and 12 substitute—

“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;

10

(b)   

is or was formerly included in, or is an applicant for

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

15

the 1977 Act.”

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)—

20

(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”.

25

      (3)  

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

Schedule 11

Section 187

 

Privy Council appointments

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

1     (1)  

The Pharmacy Act 1954 is amended as follows.

30

      (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 187 of the Health and Social

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

35

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.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Privy Council appointments

163

 

(4)   

The Privy Council may direct the Special Health Authority to

exercise to the extent specified in the direction its functions under

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.”

5

      (3)  

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

the following paragraph—

“3A   (1)  

This paragraph applies if, under section 187 of the Health and

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

Secretary of State has given a direction to a Special Health

10

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

15

paragraph 1 in relation to the appointment and removal of the

chairman of the committee.

      (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)

20

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

Council is a reference to the Special Health Authority.”

Medical Act 1983 (c. 54)

2     (1)  

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

amended as follows.

25

      (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”.

      (3)  

After paragraph 4 there is inserted—

“4ZA  (1)  

This paragraph applies if, under section 187 of the Health and

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

30

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

that section.

      (2)  

The Privy Council may direct the Special Health Authority to

35

exercise to the extent specified in the direction its functions under

paragraph 4 in relation to the nomination of persons to be

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

40

as follows.

      (2)  

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

substituted “paragraphs 2 and 2A”.

      (3)  

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

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Privy Council appointments

164

 

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

England, Scotland, Wales and Northern Ireland.

      (4)  

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

5

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—

“2A   (1)  

This paragraph applies if, under section 187 of the Health and

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

10

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

that section.

      (2)  

The Privy Council may direct the Special Health Authority to

15

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

Council;

(b)   

the termination of such an appointment.”

20

Opticians Act 1989 (c. 44)

4          

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

paragraph 2 there is inserted the following paragraph—

“2A   (1)  

This paragraph applies if, under section 187 of the Health and

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

25

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

that section.

      (2)  

The Privy Council may direct the Special Health Authority to

30

exercise to the extent specified in the direction—

(a)   

its functions under paragraphs 1 and 2 in relation to the

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.”

35

Osteopaths Act 1993 (c. 21)

5          

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

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

following paragraph—

“11A  (1)  

This paragraph applies if, under section 187 of the Health and

40

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

that section.

45

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Privy Council appointments

165

 

      (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

the Council.”

Chiropractors Act 1994 (c. 17)

5

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

following paragraph—

“11A  (1)  

This paragraph applies if, under section 187 of the Health and

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

10

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

that section.

      (2)  

The Privy Council may direct the Special Health Authority to

15

exercise to the extent specified in the direction its functions under

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

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

20

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

inserted the following paragraph—

“Privy Council functions

15A   (1)  

This paragraph applies if, under section 187 of the Health and

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

25

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

that section.

      (2)  

The Privy Council may direct the Special Health Authority to

30

exercise to the extent specified in the direction its functions under

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

35

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

following paragraph—

“Privy Council functions

16A   (1)  

This paragraph applies if, under section 187 of the Health and

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

40

Secretary of State has given a direction to a Special Health

Authority to exercise any function of a Minister of the Crown

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 12 — Amendments consequential on the abolition of the Public Health Laboratory Service Board

166

 

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

this Part of this Schedule in relation to the appointment,

5

replacement and removal of members of the Council.”

Schedule 12

Section 190

 

Amendments consequential on the abolition of the Public Health Laboratory

Service Board

Parliamentary Commissioner Act 1967 (c. 13)

10

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)

2          

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

15

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

Health Laboratory Service Board is omitted.

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

20

Laboratory Service Board is omitted.

National Health Service Act 1977 (c. 49)

4          

In the National Health Service Act 1977—

(a)   

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

omitted;

25

(b)   

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

Service Board)” are omitted;

(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

30

of health bodies) paragraph (h) is omitted.

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

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

35

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

are omitted;

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 12 — Amendments consequential on the abolition of the Public Health Laboratory Service Board

167

 

(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.

5

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)

10

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;

15

(b)   

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

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)

20

11         

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

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

25

(disclosure of certain information to health service bodies)—

(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.

30

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 13 November 2003