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| | 75. - (1) Section 8 (transfer of property, rights and liabilities to NHS trust) is amended as follows.
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(2) In subsection (1)-
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(a) for "such" there is substituted "any", |
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(b) for "Health Authority or Special Health Authority" there is substituted "Health Authority, Special Health Authority or Primary Care Trust", |
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(c) the words from "as, in his opinion," to the end are omitted. |
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(3) In subsections (2), (3) and (5), for "Health Authority or Special Health Authority" there is substituted "Health Authority, Special Health Authority or Primary Care Trust".
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(4) For subsection (6) there is substituted-
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"(6) Any property, rights and liabilities which-
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(a) belong to, or are used or managed by, a Health Authority or Special Health Authority or belong to a Primary Care Trust, and |
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(b) are to be transferred to an NHS trust by or by virtue of an order under this section, |
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must be identified by agreement between the Health Authority, Special Health Authority or Primary Care Trust and the NHS trust or, in default of agreement, by direction of the Secretary of State."
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| | 76. - (1) Section 21 (schemes for meeting losses and liabilities etc. of certain health service bodies) is amended as follows.
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(2) In subsection (2)-
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(a) after "Special Health Authorities" there is inserted- |
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"(aaa) Primary Care Trusts", |
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(b) after "NHS trusts" there is inserted- |
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"(bb) the Commission for Health Improvement". |
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(3) In subsections (3) to (5), after "Special Health Authority" in each place where it appears there is inserted "Primary Care Trust".
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| | 77. In section 61(3) (health service bodies: taxation), after "1991" there is inserted "or to a Primary Care Trust".
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| | 78. - (1) Schedule 2 (NHS trusts) is amended as follows.
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(2) In paragraph 3 (matters to be specified in order establishing NHS trust), in sub-paragraph (1)(f), after "which are" there is inserted "or the Primary Care Trust which is".
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(3) In paragraph 4 (making staff available to new NHS trust), for "or Special Health Authority" in both places there is substituted "Special Health Authority or Primary Care Trust".
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(4) In paragraph 6 (duties of NHS trusts)-
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(a) in sub-paragraph (1), the words following "Schedule", and |
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are omitted.
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(5) In paragraph 13 (bodies with whom NHS trust can exercise functions jointly), after "jointly" there is inserted "with any Primary Care Trust,".
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(6) Paragraphs 19 and 20 (re-imbursement for health services work carried out otherwise than under NHS contract) are omitted.
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(7) In paragraph 30 (transfer of property etc. on dissolution of NHS trust), in sub-paragraph (1), after paragraph (bb) there is inserted-
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"(bbb) a Primary Care Trust, or". |
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| | 79. - (1) Schedule 3 (financial provisions relating to NHS trusts) is amended as follows.
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(2) In paragraph 6 (surplus funds)-
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(a) for "amount standing in the reserves of an NHS trust" there is substituted "sum held by an NHS trust otherwise than as trustee", |
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(b) for "that amount" there is substituted "that sum". |
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(3) For paragraph 7 (investment) there is substituted-
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" 7. An NHS trust shall have power to invest money held by it in any investments, including investments which do not produce income, specified in directions under section 17 of the principal Act; but nothing in this paragraph applies in relation to money held by an NHS trust as trustee".
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(4) After that paragraph there is inserted-
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" 8. Any direction under section 17 of the principal Act with respect to-
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(a) the power conferred on an NHS trust by paragraph 1 above; or |
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(b) the maximum amount which an NHS trust may invest in any investments or class of investments, |
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may be given only with the consent of the Treasury."
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Health Service Commissioners Act 1993 (c. 46) |
| | 80. - (1) The Health Service Commissioners Act 1993 is amended as follows.
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(2) In section 2 (bodies subject to investigation)-
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(a) in subsection (1), after paragraph (d) there is inserted- |
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"(da) Primary Care Trusts established for areas in England", |
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(b) in subsection (2), after paragraph (a) there is inserted- |
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"(aa) Primary Care Trusts established for areas in Wales". |
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(3) In section 3 (general remit of Commissioners), subsection (1B) is omitted.
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(4) In section 19 (interpretation), the definitions of "allotted sum" and "recognised fund-holding practice" are omitted.
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Value Added Tax Act 1994 (c. 23) |
| | 81. In section 41(7) (application to Crown), after "1978" there is inserted "and a Primary Care Trust".
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National Health Service (Residual Liabilities) Act 1996 (c. 15) |
| | 82. In section 1 of the National Health Service (Residual Liabilities) Act 1996-
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(a) in subsection (1), after "trust" there is inserted "a Primary Care Trust", |
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(b) in subsection (2), after paragraph (d) there is inserted- |
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"(dd) a Primary Care trust". |
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The National Health Service (Primary Care) Act 1997 (c. 46)
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| | 83. - (1) The National Health Service (Primary Care) Act 1997 is amended as follows.
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(2) In section 1 (pilot schemes), in subsection (7), after "NHS trust" there is inserted "and a Primary Care Trust".
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(3) In section 2 (persons who may provide personal medical services under a pilot scheme)-
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(a) in subsection (2), after paragraph (e) there is inserted- |
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"(f) a Primary Care Trust", |
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(b) in subsection (3), in the definition of "qualifying body", for "or (e)" there is substituted "(e) or (f)". |
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(4) In section 3 (persons who may provide personal dental services under a pilot scheme)-
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(a) in subsection (2), after paragraph (e) there is inserted- |
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"(f) a Primary Care Trust", |
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(b) in subsection (3), in paragraph (b) of the definition of "qualifying body", for "or (e)" there is substituted "(e) or (f)". |
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(5) In section 9 (relationship between 1977 Act and 1997 Act)-
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(a) in subsection (1), for "13" there is substituted "16D" and for "functions on his behalf" there is substituted "his functions", |
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(b) in subsection (2)(b), for "13" there is substituted "16D". |
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(6) Sections 14 (returning to fund-holding status) and 19 (fund-holding practices) are omitted.
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National Health Service (Private Finance) Act 1997 (c. 56) |
| | 84. Section 1 of the National Health Service (Private Finance) Act 1997 (powers to enter into externally financed development agreements) applies to Primary Care Trusts as it applies to NHS trusts.
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