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| | 12. In section 28C(4) (personal medical or dental services), for "13" there is substituted "16D".
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| | 13. In section 28D (persons who may provide personal medical or personal dental services)-
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(a) in subsection (1), after paragraph (e) there is inserted- |
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"(f) a Primary Care Trust;", |
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(b) in subsection (2), in paragraph (a) of the definition of "qualifying body", for "paragraphs (a) to (d)" there is substituted "paragraph (a), (b), (c), (d) or (f)". |
| | 14. In section 29A(3)(b) of the 1977 Act (medical lists), for the words from first "disqualified" to "46" there is substituted "disqualified for inclusion in the list by, or by virtue of a direction of, the NHS Tribunal".
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| | 15. In section 48 (disqualification provisions in Scotland or Northern Ireland)-
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(a) in paragraph (a), for the words from "services" to "above" there is substituted "any of the services mentioned in any of the paragraphs of section 46(8) above", |
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(b) in paragraph (b), at the beginning there is inserted "in relation to the services in question" and for the words from "a list" to the end there is substituted "any list and (if also the subject of a declaration under those provisions corresponding to a declaration of unfitness) be treated as if a declaration of unfitness had been made in respect of him. |
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(2) Where under the conditional disqualification provisions in Scotland or Northern Ireland-
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(a) any conditions are imposed in relation to the provision by any person of any services mentioned in section 46(8) above, or |
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(b) any conditions so imposed are varied, |
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the Secretary of State may, by a notice in writing given to each Health Authority and to the person in question, impose those conditions in relation to the provision by that person of those services under this Part of this Act.
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(3) A notice under subsection (2) above may make such modifications of the conditions as the Secretary of State considers necessary for them to have the like effect in relation to England and Wales as they have in relation to Scotland or (as the case may be) Northern Ireland, but only if the Secretary of State has previously given the person concerned written notice of the proposed modifications and an opportunity (in accordance with such requirements, if any, as may be prescribed) to make representations about them.
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(4) Conditions imposed by a notice under subsection (2) above shall cease to have effect if the Secretary of State withdraws the notice by giving written notice to the person concerned.
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(5) In this section, "the conditional disqualification provisions in Scotland or Northern Ireland" means any provisions in force in Scotland or Northern Ireland corresponding to sections 46C and (so far as relating to conditional disqualifications) 47 above."
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| | 16. In section 49 (regulations as to sections 46 to 48)-
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(a) in paragraph (c), after "disqualifications" there is inserted "or conditions", |
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(b) at the end of that section there is inserted- |
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"(2) Regulations under subsection (1)(a) above may in particular provide that, where (apart from the regulations) it would be the duty of the Tribunal to inquire into both an efficiency case and a fraud case in respect of the same person, they may inquire into one case before inquiring into the other and, after proceedings in the first case are finally disposed of, may if they think it appropriate adjourn the other case indefinitely."
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| | 17. In section 49A (application for interim suspension)-
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(a) after subsection (1) there is inserted- |
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"(1A) A Health Authority may, if they have requested a review of a conditional disqualification on the ground mentioned in section 47(3)(b) or (c) above, at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the review relates",
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(b) in subsection (2), for the words from "it" to "patients" there is substituted "either of the conditions for doing so is satisfied" and after "in question" there is inserted "or the case to which the review in question,", |
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(c) after that subsection there is inserted- |
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"(2A) The conditions for giving such a direction are-
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(a) that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part of this Act to which the case in question, or the case to which the review in question, relates, |
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(b) in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that- |
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(i) an act or omission within section 46(7)(a) above will occur, or
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(ii) the investigation of the case or the review will be prejudiced",
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(d) in subsection (3)(c), for the words from "under" to "engaged in" there is substituted "of unfitness in relation to", |
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(e) in subsection (4), after "case" there is inserted "or review", |
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(f) subsection (5) is omitted, |
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(g) in subsection (6)(a), "prepared under this Part of this Act" is omitted. |
| | 18. In section 49B (continuation of suspension pending appeal)-
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(a) for subsection (1) and the preceding sidenote there is substituted- |
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| "Suspension pending appeal. |
49B. - (1) Where, on disposing of a case under section 46B above, the Tribunal make a national disqualification, they may, if they consider that either of the conditions mentioned in section 49A(2A) above is satisfied, direct that section 49A(3) above shall apply or, if a direction has been given under section 49A(2) above, shall continue to apply to him as respects services of the kind to which the disqualification relates.",
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(b) in subsection (2), in paragraph (a), for "direction under section 46(2)(b) above" there is substituted "national disqualification" and, in paragraph (b), for "that direction" there is substituted "the disqualification", |
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(c) in subsection (3), for the words from "direction" to "section 46(2)(c) above" there is substituted "disqualification which is not coupled with a declaration of unfitness", |
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(d) subsection (4) is omitted. |
| | 19. In section 49D (suspension provisions in Scotland or Northern Ireland), for "46(1)" there is substituted "46(8)".
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| | 20. In section 51 (university clinical teaching and research)-
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(a) in subsection (2), for "or Special Health Authority" in both places there is substituted "Special Health Authority or Primary Care Trust", |
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(b) in subsection (3), after "Special Health Authorities" there is inserted- |
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"(bb) Primary Care Trusts". |
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| | 21. Section 65(3) (accommodation and services for private patients: directions) is omitted.
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| | 22. In section 85 (default powers), after subsection (1)(b) there is inserted-
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"(bb) a Primary Care Trust". |
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| | 23. In section 86 (emergency powers), in paragraph (b), the words from "and it shall" to the end are omitted.
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| | 24. In section 91 (private trusts for hospitals)-
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(a) in subsection (3), for paragraphs (aa) to (b) there is substituted- |
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"(b) where the hospital is managed by, and trustees have been appointed for, an NHS trust or Primary Care Trust, the trustees, |
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(c) where the hospital is managed by an NHS trust or Primary Care Trust and neither paragraph (a) nor paragraph (b) applies, the NHS trust or (as the case may be) Primary Care Trust, |
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(d) in any other case, the Health Authority or Special Health Authority exercising functions of the Secretary of State in respect of the hospital.", |
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(b) in subsection (4), "to a trust for a special hospital, or" is omitted. |
| | 25. In section 92 (further transfers of trust property)-
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(a) in subsection (1A), after "NHS trust" (in both places) there is inserted "or a Primary Care Trust", |
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(b) after subsection (6) there is inserted- |
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"(7) Subsection (6) above applies in relation to a Primary Care Trust as it applies in relation to an NHS trust".
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| | 26. In section 96 (trusts: supplementary provisions), after "90 to 95 above" (in both places) there is inserted "and 96B below".
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| | 27. - (1) Section 96A (power of health authorities etc. to raise money) is amended as follows.
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(2) In subsection (5)(b), "on behalf" is omitted.
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(3) After subsection (5A) there is inserted-
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"(5B) Where property-
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(a) is given in pursuance of this section on trust for any purposes of a Primary Care Trust for which trustees have been appointed under section 96B below, and |
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(b) those trustees and the Primary Care Trust agree, |
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the property may be held, administered and applied by those trustees instead of by the Primary Care Trust."
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(4) After subsection (10) there is inserted-
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"(11) This section (apart from subsection (5A)) has effect in relation to a Primary Care Trust as it has effect in relation to an NHS trust."
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| | 28. - (1) Section 97 (public funding of Health Authorities and Special Health Authorities) is amended as follows.
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(2) In subsection (6), after paragraph (b) there is inserted-
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"(bb) the application of sums received by them under section 97C(4) below; or", |
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| | and accordingly the "or" after paragraph (b) is omitted.
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(3) Subsection (7) is omitted.
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(4) In subsection (9), after "paid" there is inserted "to Health Authorities or Special Health Authorities".
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