Health Bill [H.L.]

Health Bill [H.L.] - continued	House of Commons
SCHEDULE 4, AMENDMENTS OF ENACTMENTS - continued
The 1977 Act - continued

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29. Section 97A(5) (duty to comply with directions) is omitted.

30. - (1) Section 98 (accounts and audit) is amended as follows.

(2) In subsection (1)-

(a) after paragraph (b) there is inserted-

"(bb) every Primary Care Trust;",

(b) in paragraph (dd), after "1990" there is inserted-

"(ddd) any trustees for a Primary Care Trust appointed in pursuance of section 96B above".

(3) Before subsection (2A) there is inserted-

"(2AA) Every Primary Care Trust shall send a copy of any accounts it has prepared under subsection (2) above to the Health Authority within whose area the trust's area falls."

31. In section 99 (regulation of financial arrangements), in subsection (3) the words from "and shall be complied with" to the end are omitted.

32. In section 103 (special arrangements as to payment of remuneration), in subsection (3)(a), after "trust" there is inserted "or a Primary Care Trust".

33. In section 122(2) (recovery of charges), "as a simple contract debt" is omitted.

34. - (1) Section 126 (orders, regulations and directions) is amended as follows.

(2) In subsection (1)-

(a) after "virtue of this Act shall" there is inserted ", unless it is a PCT order,",

(b) in paragraph (b), after "apply to" there is inserted "an order made under paragraph 20, 21 or 23 of Schedule 5A to this Act or to".

(3) In subsection (3A), after "Secretary of State" there is inserted "or by a Health Authority".

(4) In subsection (3B), for "17" there is substituted "17B".

(5) After subsection (3B) there is inserted-

"(3C) Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the National Health Service and Community Care Act 1990 shall comply with the directions."

(6) In subsection (4), after "to make such" there is inserted "transitional, saving".

35. In section 128(1) (interpretation)-

(a) in the definition of "health service hospital", after "or vested in" there is inserted "a Primary Care Trust or",

(b) after that definition there is inserted-

""high security psychiatric services" has the meaning given by section 4 above;",

""PCT order" has the meaning given by section 16A above;",

(d) the definition of "special hospital" is omitted.

36. - (1) Schedule 5 (Health Authorities and Special Health Authorities) is amended as follows.

(2) In paragraph 9 (pay and allowances), in sub-paragraph (4), after "sub-committee of" there is inserted ", or joint committee or joint sub-committee including,".

(3) In paragraph 10 (staff), in sub-paragraph (3), the words from "and it shall" to the end are omitted.

(4) In paragraph 12 (miscellaneous)-

(a) in paragraph (a), after "sub-committee of" there is inserted ", or joint committee or joint sub-committee including,",

(b) in paragraph (b), for "of an authority" to "and committees and sub-committees" there is substituted "(and joint committees and joint sub-committees) of (or including) an authority (including any such committees".

(5) For sub-paragraph (1) of paragraph 15 (acting as principal), there is substituted-

	"15. - (1) An authority are-
	(a) entitled to enforce any rights acquired,
	(b) liable for any liabilities incurred (including liabilities in tort), and
	(c) otherwise answerable in law,
	in respect of the exercise of any function under section 16D(1) above in all respects as if they were acting as a principal.
	(1A) Where, in accordance with sub-paragraph (1) above, an authority are treated as if they were acting as a principal, proceedings shall be brought by or against the authority in question (and in their own name)."

37. In Schedule 7 (Community Health Councils), in paragraph 2 (regulations)-

(a) in sub-paragraphs (d) and (e), after "Health Authorities" there is inserted "Primary Care Trusts",

(b) in sub-paragraphs (f) and (g), after "Health Authorities" there is inserted "and Primary Care Trusts".

38. In Schedule 9 (NHS Tribunal), in paragraph 5A-

(a) in sub-paragraph (2)(a), for "section 46" there is substituted "sections 46 to 46C",

(b) in sub-paragraph (2)(b), after "disqualification" there is inserted "conditional disqualification or declaration of unfitness",

(c) in sub-paragraph (2)(d), for the words from "the application" to the end there is substituted "section 49A(3) may be made to apply or continue to apply".

The 1978 Act

39. The 1978 Act is amended as follows.

40. In section 9 (local consultative committees)-

(a) in subsection (5), for "on the provision of services under this Act" there is substituted "and, where the Secretary of State so directs, an NHS trust on the provision of services under this Act or under a pilot scheme under section 1 of the National Health Service (Primary Care) Act 1997",

(b) in subsection (7), after "Health Boards" there is inserted "or, where the Secretary of State so directs, NHS trusts" and for "may be prescribed" there is substituted "the Secretary of State may direct".

41. In section 10(4) (Common Services Agency)-

(a) after "Health Boards" in the first place where it appears there is inserted "the NHS trusts",

(b) after "Health Boards" in the second place where it appears there is inserted "or of the NHS trusts",

42. In section 12A(5) (NHS trusts)-

(a) in paragraph (a), for "and directors" there is substituted ", directors and trustees",

(b) in paragraph (b), after "directors" there is inserted ", trustees,",

(d) in paragraph (d), for the words from "director" where it first appears to the end of the paragraph there is substituted "trustee, to be regarded as an executive director rather than as a trustee".

43. In section 12B(1) (transfer of staff to NHS trusts)-

(a) after "operational date" there is inserted "or the date on which any function is transferred to the trust by a Health Board under a direction of the Secretary of State",

(b) in each of paragraphs (a) and (b), after "or facility" there is inserted "or function".

44. In section 17A (NHS contracts)-

(a) in subsection (2)-

(i) after paragraph (a) there is inserted-

"(aa) Special Health Boards;",

(ii) after paragraph (k) there is inserted-

"(ka) Primary Care Trusts established under section 16A of the National Health Service Act 1977;",

(iii) paragraphs (d) and (j) are omitted, and

(b) in subsection (3), paragraph (a) and the word "and" following it are omitted.

45. In section 17E (personal medical and dental services: regulations), subsection (4) is omitted.

46. In section 19A(3)(b) (medical lists), for the words from first "disqualified" to "29" there is substituted "disqualified for inclusion in the list by, or by virtue of a direction of, the NHS Tribunal".

47. Section 31 (disqualification provisions in England and Wales or Northern Ireland) is renumbered as subsection (1) of that section and-

(a) in paragraph (a), for the words from "services" to "29(1)" there is substituted "any of the services mentioned in one of the paragraphs of section 29(8)";

(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 such 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";

	"(2) Where under the conditional disqualification provisions in England and Wales or Northern Ireland-
	(a) any conditions are imposed in relation to the provision by any person of any of the services mentioned in section 29(8); or
	(b) any conditions so imposed are varied,
	the Secretary of State may, by a notice in writing given to each Health Board and to the person in question, impose those conditions in relation to the provision by that person of those services under this Part.
	(3) A notice under subsection (2) may make such modifications of the conditions as the Secretary of State considers necessary for them to have the like effect in relation to Scotland as they have in relation to England and Wales 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.
	(4) Conditions imposed by a notice under subsection (2) shall cease to have effect if the Secretary of State withdraws the notice by giving written notice to the person concerned.
	(5) In this section, "the conditional disqualification provisions in England and Wales or Northern Ireland" means any provisions in force in England and Wales or Northern Ireland corresponding to sections 29C and (so far as relating to conditional disqualifications) 30."

48. Section 32 (regulations as to sections 29 to 31) is renumbered as subsection (1) of that section and-

(a) in paragraph (c) after "disqualification" in both places where it occurs there is inserted "or condition";

(b) after that subsection there is inserted-

"(2) Regulations under subsection (1)(a) 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."

49. In section 32A (applications for interim suspension)-

(a) after subsection (1) there is inserted-

"(1A) A Health Board may, if they have requested a review of a conditional disqualification on the ground mentioned in section 30(3)(b) or (c), at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) in relation to the person to whom the review relates.";

(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";

	"(2A) The conditions for giving such a direction are-
	(a) that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part to which the case in question, or the case to which the review in question, relates;
	(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-
	(i) an act or omission within section 29(7)(a) will occur; or
	(ii) the investigation of the case or the review will be prejudiced";

(d) in subsection (3)(c), for the words from "under" to "engaged in" there is substituted "of unfitness in relation to";

(e) in subsection (4), after "case" there is inserted "or review";

(f) subsection (5) is omitted;

(g) in subsection (6)(a), "prepared under this Part of this Act" is omitted.

Prepared 30 March 1999