Health Bill [H.L.]

Health Bill [H.L.] - continued	House of Commons
SCHEDULE 4, AMENDMENTS OF ENACTMENTS - continued
The 1978 Act - continued

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51. In section 32B (continuation of suspension pending appeal)-

(a) for subsection (1) and the preceding sidenote there is substituted-

"Suspension pending appeal.

32B. - (1) Where, on disposing of a case under section 29B, the Tribunal make a national disqualification, they may, if they consider that either of the conditions mentioned in section 32A(2A) is satisfied, direct that section 32A(3) shall apply or, if a direction has been given under section 32A(2), shall continue to apply to him as respects services of the kind to which the disqualification relates";

(b) in subsection (2), in paragraph (a), for "direction under section 29(2)(b)" there is substituted "national disqualification" and, in paragraph (b), for "that direction" there is substituted "the disqualification";

(c) in subsection (3), for the words from "direction" to "section 29(3)(c)" there is substituted "disqualification which is not coupled with a declaration of unfitness";

(d) subsection (4) is omitted.

52. In section 32D (suspension provisions in England and Wales or Northern Ireland), for "29(1)" there is substituted "29(8)".

53. After section 35 there is inserted-

"Interpretation of Part II.

35A. Where, under a direction by the Secretary of State, a Health Board has delegated any of its functions to an NHS trust, any reference in this Part to a Health Board in relation to such a delegated function shall, unless the context otherwise requires, include a reference to an NHS trust.".

54. In section 85A (financial duties of certain bodies)-

(a) in subsection (1), before "85(1)" in both places where it occurs there is inserted "85AA(1) or" and for "85(2)(a)" there is substituted "85AA(3)",

(b) in subsection (2), for "Subsection (3) of section 85" there is substituted "Subsection (9) of section 85AA",

(d) in subsection (6), in paragraph (c) before "85(1)" there is inserted "85AA(1)" and for "85(2)(a)" there is substituted "85AA(3)".

55. In section 86 (accounts of Health Boards and the Agency), subsections (1A), (1C) and (5) are omitted.

56. Section 87D (indicative amounts for doctors' practices) is omitted.

57. In section 102 (state hospitals), for paragraph (b) of subsection (4) there is substituted-

"(b) A Health Board, a Special Health Board, the Agency or an NHS trust to the extent that power to do so is delegated to the Board, Agency or trust by the Secretary of State.".

58. In section 105(7) (orders, regulations and directions) after "to make such" there is inserted "transitional, saving,".

59. In section 108(1) (interpretation)-

(a) in the appropriate place there is inserted-

""goods" includes accommodation;",

(b) for the definition of "state hospital" there is substituted-

""state hospital" has the meaning indicated in section 102(2);".

60. In Schedule 7A (NHS trusts)-

(a) for any reference to a non-executive director or to non-executive directors there is substituted a reference to a trustee or, as the case may be, to trustees,

(b) in paragraph 22, in sub-paragraph (1), in paragraph (c) the words from "or is within" to the end of the paragraph, and "or Health Authority" are omitted,

61. - (1) Schedule 7B (financial provisions relating to NHS trusts) is amended as follows.

(2) In paragraph 6 (surplus funds)-

(a) for "amount standing in the reserves of an NHS trust" there is substituted "sum held by an NHS trust other than a sum held on trust under section 12G",

(b) for "that amount" there is substituted "that sum".

(3) For paragraph 7 of that Schedule (investment) there is substituted-

" 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 made by the Secretary of State with the consent of the Treasury; but nothing in this paragraph applies in relation to money held on trust under section 12G.".

(4) After that paragraph there is inserted-

	" 8. Any direction with respect to-
	(a) the power conferred on an NHS trust by paragraph 1; or
	(b) the maximum amount which an NHS trust may invest in any investment or class of investment,
	may be given only with the consent of the Treasury.".

62. In Schedule 8 (the Tribunal), in paragraph 8-

(a) in sub-paragraph (2)(a), for "section 29" there is substituted "sections 29 to 29C";

(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 32A(3) may be made to apply or continue to apply".

Mental Health Act 1983 (c. 20)

63. The Mental Health Act 1983 is amended as follows.

64. In section 122(1) (provision of pocket money for in-patients in hospital) "special hospitals or other hospitals being" is omitted.

65. In section 123 (transfers to and from special hospitals)-

(a) in subsection (1), for "in a special hospital under this Act" there is substituted "under this Act in a hospital at which high security psychiatric services are provided" and for "special hospital" there is substituted "hospital at which high security psychiatric services are provided",

(b) in subsection (2), for the words from "so detained" to the end there is substituted "detained under this Act in a hospital at which high security psychiatric services are provided into a hospital at which those services are not provided".

66. In section 134 (correspondence of patients)-

(a) in subsection (1)(b), for "a special hospital" there is substituted "one at which high security psychiatric services are provided",

(b) in subsection (2), for "in a special hospital under this Act" there is substituted "under this Act in a hospital at which high security psychiatric services are provided".

67. - (1) Section 145 (interpretation) is amended as follows.

(2) In subsection (1)-

(a) after the definition of "Health Authority" there is inserted-

""high security psychiatric services" has the same meaning as in the National Health Service Act 1977;",

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

(3) After that subsection there is inserted-

"(1AA) Where high security psychiatric services and other services are provided at a hospital, the part of the hospital at which high security psychiatric services are provided and the other part shall be treated as separate hospitals for the purposes of this Act."

Mental Health (Scotland) Act 1984 (c. 36)

68. In section 125(1) (interpretation) of the Mental Health (Scotland) Act 1984, in the definition of "managers of a hospital", in paragraph (c) after "Health Board" there is inserted ", to a Special Health Board, to an NHS trust" and after "that Board" there is inserted ", trust".

Hospital Complaints Procedure Act 1985 (c. 42)

69. In section 1 of the Hospital Complaints Procedure Act 1985 (complaints procedures for hospitals managed by health authorities and NHS trusts)-

(a) in subsection (1), the words from "under" to "functions)" and "for the management of" are omitted and for "are responsible" there is substituted "manage",

(b) in subsection (1A), for "is responsible for the management of" there is substituted "manages", "for the management of" is omitted and for "is responsible" there is substituted "manages",

	"(1B) It shall also be the duty of the Secretary of State to give to each Primary Care Trust which manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital which that Primary Care Trust manages-
	(a) such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and
	(b) such steps are taken for publicising the arrangements so made,
	as (in each case) are specified or described in the directions.
	(1C) In this section, "directions" means-
	(a) in relation to England and Wales, directions under section 17 of the National Health Service Act 1977,
	(b) in relation to Scotland, directions under section 2(5) of the National Health Service (Scotland) Act 1978".

Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)

70. The Health Service Joint Consultative Committees (Access to Information) Act 1986 is to cease to have effect.

Income and Corporation Taxes Act 1988 (c. 1)

71. In section 519A(2) of the Income and Corporation Taxes Act 1988 (health service bodies), after paragraph (aa) there is inserted-

"(ab) a Primary Care Trust".

The 1990 Act

72. The 1990 Act is amended as follows.

73. In section 3(1)(a) (primary functions of Health Authorities and Special Health Authorities), for "11 or 13" there is substituted "16D".

74. In section 4 (NHS contracts)-

(a) in subsection (2)-

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

"(bb) a Primary Care Trust;",

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

"(ff) the Commission for Health Improvement;",

(b) in subsections (6) and (7), the words from "and it shall" to the end are omitted.

75. In section 6 (transfer of staff to NHS trusts)-

(a) for "or Special Health Authority" in each place there is substituted "Special Health Authority or Primary Care Trust",

(b) in subsection (1)(a), after "responsibility of the" there is inserted "NHS".

76. In section 7 (supplementary provisions as to transfer of staff), for "or Special Health Authority" there is substituted "Special Health Authority or Primary Care Trust".

77. - (1) Section 8 (transfer of property, rights and liabilities to NHS trust) is amended as follows.

(2) In subsection (1)-

(a) for "such" there is substituted "any",

(b) for "Health Authority or Special Health Authority" there is substituted "Health Authority, Special Health Authority or Primary Care Trust",

(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".

(4) For subsection (6) there is substituted-

	"(6) Any property, rights and liabilities which-
	(a) belong to, or are used or managed by, a Health Authority or Special Health Authority or belong to a Primary Care Trust, and
	(b) are to be transferred to an NHS trust by or by virtue of an order under this section,
	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."

78. Section 18 (indicative amounts for doctors' practices) is omitted.

79. - (1) Section 21 (schemes for meeting losses and liabilities etc. of certain health service bodies) is amended as follows.

(2) In subsection (2)-

(a) after "Special Health Authorities" there is inserted-

"(aaa) Primary Care Trusts",

(b) after "NHS trusts" there is inserted-

"(bb) the Commission for Health Improvement".

(3) In subsections (3) to (5), after "Special Health Authority" in each place where it appears there is inserted "Primary Care Trust".

80. In section 61(3) (health service bodies: taxation), after "1991" there is inserted "or to a Primary Care Trust".

81. - (1) Schedule 2 (NHS trusts) is amended as follows.

(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".

(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".

(4) In paragraph 6 (duties of NHS trusts)-

(a) in sub-paragraph (1), the words following "Schedule", and

(b) sub-paragraph (2),

are omitted.

(5) In paragraph 13 (bodies with whom NHS trust can exercise functions jointly), after "jointly" there is inserted "with any Primary Care Trust,".

(6) Paragraphs 19 and 20 (re-imbursement for health services work carried out otherwise than under NHS contract) are omitted.

(7) In paragraph 30 (transfer of property etc. on dissolution of NHS trust), in sub-paragraph (1), after paragraph (bb) there is inserted-

"(bbb) a Primary Care Trust, or".

82. - (1) Schedule 3 (financial provisions relating to NHS trusts) is amended as follows.

(2) In paragraph 6 (surplus funds)-

(a) for "amount standing in the reserves of an NHS trust" there is substituted "sum held by an NHS trust otherwise than as trustee",

(b) for "that amount" there is substituted "that sum".

(3) For paragraph 7 (investment) there is substituted-

" 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".

(4) After that paragraph there is inserted-

	" 8. Any direction under section 17 of the principal Act with respect to-
	(a) the power conferred on an NHS trust by paragraph 1 above; or
	(b) the maximum amount which an NHS trust may invest in any investments or class of investments,
	may be given only with the consent of the Treasury."

Health Service Commissioners Act 1993 (c. 46)

83. - (1) The Health Service Commissioners Act 1993 is amended as follows.

(2) In section 2 (bodies subject to investigation)-

(a) in subsection (1), after paragraph (d) there is inserted-

"(da) Primary Care Trusts established for areas in England",

(b) in subsection (2), after paragraph (a) there is inserted-

"(aa) Primary Care Trusts established for areas in Wales".

(3) In section 3 (general remit of Commissioners), subsection (1B) is omitted.

(4) In section 19 (interpretation), the definitions of "allotted sum" and "recognised fund-holding practice" are omitted.

Value Added Tax Act 1994 (c. 23)

84. In section 41(7) (application to Crown), after "1978" there is inserted "and a Primary Care Trust".

National Health Service (Residual Liabilities) Act 1996 (c. 15)

85. In section 1 of the National Health Service (Residual Liabilities) Act 1996-

(a) in subsection (1), after "trust" there is inserted "a Primary Care Trust",

(b) in subsection (2), after paragraph (d) there is inserted-

"(dd) a Primary Care trust".

The National Health Service (Primary Care) Act 1997 (c. 46)

86. - (1) The National Health Service (Primary Care) Act 1997 is amended as follows.

(2) In section 1 (pilot schemes), in subsection (7), after "NHS trust" there is inserted "and a Primary Care Trust".

(3) In section 2 (persons who may provide personal medical services under a pilot scheme)-

(a) in subsection (2), after paragraph (e) there is inserted-

"(f) a Primary Care Trust",

(b) in subsection (3), in the definition of "qualifying body", for "or (e)" there is substituted "(e) or (f)".

(4) In section 3 (persons who may provide personal dental services under a pilot scheme)-

(a) in subsection (2), after paragraph (e) there is inserted-

"(f) a Primary Care Trust",

(b) in subsection (3), in paragraph (b) of the definition of "qualifying body", for "or (e)" there is substituted "(e) or (f)".

(5) In section 9 (relationship between 1977 Act and 1997 Act)-

(a) in subsection (1), for "13" there is substituted "16D" and for "functions on his behalf" there is substituted "his functions",

(b) in subsection (2)(b), for "13" there is substituted "16D".

(6) Sections 14 (returning to fund-holding status) and 19 (fund-holding practices) are omitted.

National Health Service (Private Finance) Act 1997 (c. 56)

87. 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.

Audit Commission Act 1998 (c. 18)

88. In section 5 of the Audit Commission Act 1998 (general duties of auditors), in subsection (1)(a), for "(2B) (NHS trusts) or (2B) (fund-holding practices)" substitute "or (2B)".

Prepared 26 May 1999