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53 | Secretary of State’s annual report |
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After section 247C of the National Health Service Act 2006 insert— |
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247D | Secretary of State’s annual report |
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(1) | The Secretary of State must publish an annual report on the |
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performance of the health service in England. |
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(2) | The report must include the Secretary of State’s assessment of the |
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effectiveness of the discharge of the duties under sections 1A and 1C. |
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(3) | The Secretary of State must lay any report prepared under this section |
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54 | Certification of death |
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(1) | Chapter 2 of Part 1 of the Coroners and Justice Act 2009 (notification, |
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certification and registration of deaths) is amended as follows. |
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(2) | In section 19 (medical examiners)— |
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(a) | in subsection (1) for “Primary Care Trusts” substitute “Local |
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(b) | in subsection (2) for “Trust” (in each place where it occurs) substitute |
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(c) | in subsection (5) for “a Primary Care Trust” substitute “a local |
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(3) | In section 20 (medical certificate of cause of death), in subsection (5) for |
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“Primary Care Trust” substitute “local authority”. |
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55 | Amendments related to Part 1 and transitional provision |
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(1) | Schedule 4 (which makes further amendments of the National Health Service |
| |
Act 2006 in consequence of the provision made by this Part) has effect. |
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(2) | Schedule 5 (which makes amendments of other enactments in consequence of |
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the provision made by this Part) has effect. |
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(3) | Schedule 6 (which makes transitional provision in connection with this Part) |
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Further provision about public health |
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56 | Abolition of Health Protection Agency |
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(1) | The Health Protection Agency is abolished. |
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(2) | The Health Protection Agency Act 2004 is repealed. |
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(3) | Subsection (2) does not apply to— |
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(a) | paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the |
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Immigration Act 1971), and |
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|
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|
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(b) | section 11(1) of that Act so far as it gives effect to that paragraph. |
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(4) | Schedule 7 (which makes amendments of other enactments in consequence of |
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the provision made by this section) has effect. |
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57 | Functions in relation to biological substances |
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(1) | The appropriate authority must— |
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(a) | devise standards for the purity and potency of biological substances, |
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(b) | prepare, approve, hold and distribute standard preparations of |
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(c) | design appropriate procedures for testing biological substances, |
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(d) | provide or arrange for the provision of laboratory facilities for testing |
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(e) | carry out tests on biological substances, |
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(f) | examine records kept in connection with the manufacture and quality |
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control of biological substances, |
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(g) | report on the results of tests or examinations conducted in pursuance |
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of paragraph (e) or (f), and |
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(h) | carry out or arrange for the carrying out of such research, or provide or |
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arrange for the provision of such information or training, as it considers |
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appropriate in connection with the functions mentioned in paragraphs |
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(2) | The appropriate authority may do anything which it considers is appropriate |
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for facilitating, or incidental or conducive to, the exercise of any of its functions |
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(3) | Subsections (4) and (5) apply to any person that exercises functions similar to |
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those of the appropriate authority under this section (whether or not in relation |
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(4) | The appropriate authority must co-operate with the person in the exercise of |
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(5) | The person must co-operate with the appropriate authority in the exercise of |
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the authority’s functions under this section. |
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(6) | The appropriate authority may make charges (whether or not on a commercial |
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basis) in respect of anything done by it under this section. |
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(7) | Any function conferred on the appropriate authority by this section may be |
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performed by either the Secretary of State or the Department of Health, Social |
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Services and Public Safety in Northern Ireland acting alone or both of them |
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acting jointly (and references in this section to the appropriate authority are to |
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be construed accordingly). |
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(8) | In this section “biological substance” means a substance whose purity or |
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potency cannot, in the opinion of the Secretary of State, be adequately tested by |
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58 | Radiation protection functions |
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(1) | The appropriate authority must take such steps as it considers appropriate for |
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the purposes of protecting the public from radiation (whether ionising or not). |
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|
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(2) | The steps that may be taken under subsection (1) include— |
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(a) | the conduct of research or such other steps as the appropriate authority |
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considers appropriate for advancing knowledge and understanding; |
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(b) | providing technical services (whether in laboratories or otherwise); |
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(c) | providing services for the prevention, diagnosis or treatment of illness |
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arising from exposure to radiation; |
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(e) | providing information and advice; |
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(f) | making available the services of any person or any facilities. |
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(3) | The appropriate authority may do anything which it considers appropriate for |
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facilitating, or incidental or conducive to, the exercise of any of its functions |
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(4) | The appropriate authority may make charges (whether or not on a commercial |
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basis) in respect of anything done by it under this section. |
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(5) | In the exercise of any function under this section which relates to a matter in |
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respect of which a Health and Safety body has a function, the appropriate |
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(a) | consult the body, and |
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(b) | have regard to the body’s policies. |
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(6) | Each of the following is a Health and Safety body— |
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(a) | the Health and Safety Executive; |
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(b) | the Health and Safety Executive for Northern Ireland. |
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(7) | In subsection (2)(f), “facilities” has the same meaning as in the National Health |
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| |
(8) | In this section, “the appropriate authority” means— |
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(a) | the Scottish Ministers to the extent that the functions are exercisable |
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within devolved competence (within the meaning of the Scotland Act |
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(b) | the Department of Health, Social Services and Public Safety in |
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Northern Ireland to the extent that the functions relate to a transferred |
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matter (within the meaning of the Northern Ireland Act 1998); |
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(c) | the Secretary of State in any other case. |
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(9) | In this section, “the public” means— |
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(a) | where the appropriate authority is the Secretary of State, the public in |
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Wales, Scotland and Northern Ireland, |
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(b) | where the appropriate authority is the Scottish Ministers, the public in |
| |
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(c) | where the appropriate authority is the Department of Health, Social |
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Services and Public Safety in Northern Ireland, the public in Northern |
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(10) | This section does not apply in relation to England. |
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59 | Repeal of AIDS (Control) Act 1987 |
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(1) | The AIDS (Control) Act 1987 is repealed. |
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|
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(2) | The AIDS (Control) (Northern Ireland) Order 1987 (S.I. 1987/1832 (N.I. 18)) is |
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60 | Co-operation with bodies exercising functions in relation to public health |
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(1) | In Part 13 of the National Health Service Act 2006, before section 248 (and the |
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cross-heading preceding it) insert— |
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“Co-operation in relation to public health functions |
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247B | Co-operation in relation to public health functions |
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(1) | This section applies to any body or other person that exercises functions |
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similar to those of the Secretary of State under section 2A (whether or |
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not in relation to the United Kingdom). |
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(2) | The Secretary of State must co-operate with the body or other person in |
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the exercise by it of those functions. |
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(3) | If the Secretary of State acts under subsection (2) at the request of the |
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body or other person, the Secretary of State may impose charges in |
| |
respect of any costs incurred by the Secretary of State in doing so. |
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(4) | The body or other person must co-operate with the Secretary of State in |
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the exercise by the Secretary of State of functions under section 2A. |
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(5) | If the body or other person acts under subsection (4) at the request of |
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the Secretary of State, it may impose charges in respect of any costs |
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incurred by it in doing so.” |
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(2) | In section 271 of that Act (territorial limit of exercise of functions), in subsection |
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(3) after paragraph (d) insert— |
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“(da) | section 247B (co-operation in relation to public health |
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Regulation of health and adult social care services |
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(1) | The body corporate known as the Independent Regulator of NHS Foundation |
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(a) | is to continue to exist, and |
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(b) | is to be known as Monitor. |
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(2) | Schedule 8 (which makes further provision about Monitor) has effect. |
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