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(a) a person who has permission under Part 4 of the Financial Services | |
and Markets Act 2000 (c. 8) to effect or carry out contracts of | |
insurance, or | |
(b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 | |
to that Act which has permission under paragraph 15 of that | 5 |
Schedule (as a result of qualifying for authorisation under paragraph | |
12 of that Schedule) to effect or carry out contracts of insurance. | |
(3) Sub-paragraph (2) must be read with— | |
(a) section 22 of the Financial Services and Markets Act 2000, | |
(b) any relevant order under that section, and | 10 |
(c) Schedule 2 to that Act. | |
5 Any payment which apart from this paragraph would be made by— | |
(a) the responsible body of the health service hospital to whom the | |
payment would subsequently be passed under section 149, | |
(b) the relevant ambulance trust to whom the payment would | 15 |
subsequently be passed under that section. | |
6 Any payment to the extent that it is made— | |
(a) in consequence of an action under the Fatal Accidents Act 1976 | |
(c. 30), or | |
(b) in circumstances where, had an action been brought, it would have | 20 |
been brought under that Act. | |
7 Any payment to the extent that it is made in respect of a liability arising by | |
virtue of section 1 of the Damages (Scotland) Act 1976 (c. 13). | |
8 Any payment of a prescribed description, either generally or in such | |
circumstances as may be prescribed. | 25 |
Schedule 10 | |
Section 166 | |
Part 4: minor and consequential amendments | |
National Health Service Act 1977 (c.49) | |
1 The National Health Service Act 1977 has effect subject to the following | |
amendments. | 30 |
2 In section 77, at the end insert— | |
“(4) This section does not apply in relation to the provision of any | |
relevant dental service (within the meaning of section 79 below).” | |
3 In section 78(3), for “paragraphs 2 and 5” substitute “paragraph 2”. | |
4 In section 83(a), for “to 79” substitute “and 78”. | 35 |
5 In section 83A(1)(a), for the words from “section 77(1)” to “1997” substitute | |
“section 77(1), 78(1) or 79 above”. | |
6 In section 85(1)— | |
(a) insert “or” at the end of paragraph (bbb), and | |
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(b) omit paragraph (e). | |
7 (1) Section 98 is amended as follows. | |
(2) In subsection (1)— | |
(a) insert “and” at the end of paragraph (dd), and | |
(b) omit paragraph (e) and the preceding “and”. | 5 |
(3) In subsection (4)— | |
(a) in paragraph (a), omit the words from “, other than” to the end, and | |
(b) omit paragraph (b). | |
8 In section 99(1)— | |
(a) insert “and” at the end of paragraph (bb), and | 10 |
(b) omit paragraph (f) and the preceding “and”. | |
9 In section 100(1)— | |
(a) insert “and” at the end of paragraph (b), and | |
(b) omit paragraph (e) and the preceding “and”. | |
10 In section 128(1), in the definition of “dental corporation”, for the words after | 15 |
“corporation”” substitute “means a body corporate which carries on the | |
business of dentistry (within the meaning of section 40 of the Dentists Act | |
1984;”. | |
Health and Medicines Act 1988 (c. 49) | |
11 In section 12(1) of the Health and Medicines Act 1988— | 20 |
(a) omit “The Dental Estimates Board shall be renamed as “the Dental | |
Practice Board” and”, | |
(b) in paragraph (a), omit “for any reference to the Dental Estimates | |
Board there were substituted a reference to the Dental Practice Board | |
and”, and | 25 |
(c) in paragraph (b)— | |
(i) omit “the Dental Estimates Board or”, | |
(ii) for “either or both of those Boards” substitute “that Board”, | |
and | |
(iii) omit “the Dental Practice Board and”. | 30 |
Health Service Commissioners Act 1993 (c. 46) | |
12 The Health Service Commissioners Act 1993 has effect subject to the | |
following amendments. | |
13 In section 2— | |
(a) in subsection (1)(c), at the end insert “, or in respect of England and | 35 |
Wales equally,”; and | |
(b) in subsection (2)(b), at the end insert “, or in respect of England and | |
Wales equally,”. | |
14 In section 18(1), after “partly” insert “or wholly”. | |
Education Act 1996 (c. 56) | 40 |
15 In section 520(1) of the Education Act 1996, for “(1A)” substitute “16CB”. | |
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Schedule 11 | |
Section 168 | |
Privy Council appointments | |
Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61) | |
1 (1) The Pharmacy Act 1954 is amended as follows. | |
(2) In section 15 (appointment of certain members to the Council of the | 5 |
Pharmaceutical Society of Great Britain) after subsection (2) there are | |
inserted the following subsections— | |
“(3) Subsection (4) applies if, under section 168 of the Health and Social | |
Care (Community Health and Standards) Act 2003, the Secretary of | |
State has given a direction to a Special Health Authority to exercise | 10 |
any function of a Minister of the Crown relating to the making of | |
appointments to a body mentioned in that section. | |
(4) The Privy Council may direct the Special Health Authority to | |
exercise its functions under this section in relation to— | |
(a) the appointment of members to the Council; | 15 |
(b) the period for which a person appointed is to hold office.” | |
(3) In Schedule 1 (the Statutory Committee) after paragraph 3 there is inserted | |
the following paragraph— | |
“3A (1) This paragraph applies if, under section 168 of the Health and | |
Social Care (Community Health and Standards) Act 2003, the | 20 |
Secretary of State has given a direction to a Special Health | |
Authority to exercise any function of a Minister of the Crown | |
relating to the making of appointments to a body mentioned in | |
that section. | |
(2) The Privy Council may direct the Special Health Authority to | 25 |
exercise its functions under paragraph 1 in relation to the | |
appointment and removal of the chairman of the committee. | |
(3) If the Privy Council give a direction as mentioned in sub- | |
paragraph (2) for so long as the direction remains in force | |
paragraph 3(2)(b) must be construed as if the reference to the Clerk | 30 |
to the Privy Council is a reference to the Special Health | |
Authority.” | |
Medical Act 1983 (c. 54) | |
2 (1) Schedule 1 to the Medical Act 1983 (the General Medical Council) is | |
amended as follows. | 35 |
(2) In paragraph 4(1) (nominated members) for the words “Her Majesty on the | |
advice of Her Privy Council” there are substituted “the Privy Council”. | |
(3) After paragraph 4 there is inserted— | |
“4ZA (1) This paragraph applies if, under section 168 of the Health and | |
Social Care (Community Health and Standards) Act 2003, the | 40 |
Secretary of State has given a direction to a Special Health | |
Authority to exercise any function of a Minister of the Crown | |
relating to the making of appointments to a body mentioned in | |
that section. | |
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(2) The Privy Council may direct the Special Health Authority to | |
exercise its functions under paragraph 4 in relation to the | |
nomination of persons to be nominated members of the Council.” | |
Dentists Act 1984 (c. 24) | |
3 (1) Schedule 1 to the Dentists Act 1984 (the General Dental Council) is amended | 5 |
as follows. | |
(2) In paragraph 1 (constitution) in sub-paragraph (5) for “paragraph 2” there is | |
substituted “paragraphs 2 and 2A”. | |
(3) In paragraph 2 (lay members) for sub-paragraphs (2) and (3) there are | |
substituted the following— | 10 |
“(2) The lay members shall be appointed by the Privy Council. | |
(3) The lay members must include at least one person from each of | |
England, Scotland, Wales and Northern Ireland. | |
(4) A person is from England, Scotland, Wales or Northern Ireland (as | |
the case may be) if he lives or works there or mainly lives or works | 15 |
there.” | |
(4) After paragraph 2 there is inserted the following paragraph— | |
“2A (1) This paragraph applies if, under section 168 of the Health and | |
Social Care (Community Health and Standards) Act 2003, the | |
Secretary of State has given a direction to a Special Health | 20 |
Authority to exercise any function of a Minister of the Crown | |
relating to the making of appointments to a body mentioned in | |
that section. | |
(2) The Privy Council may direct the Special Health Authority to | |
exercise its functions under paragraph 2 in relation to— | 25 |
(a) the appointment of persons to be lay members of the | |
Council; | |
(b) the termination of such an appointment.” | |
Opticians Act 1989 (c. 44) | |
4 In Schedule 1 to the Opticians Act 1989 (the General Optical Council) after | 30 |
paragraph 2 there is inserted the following paragraph— | |
“2A (1) This paragraph applies if, under section 168 of the Health and | |
Social Care (Community Health and Standards) Act 2003, the | |
Secretary of State has given a direction to a Special Health | |
Authority to exercise any function of a Minister of the Crown | 35 |
relating to the making of appointments to a body mentioned in | |
that section. | |
(2) The Privy Council may direct the Special Health Authority to | |
exercise its functions under paragraphs 1 and 2 in relation to the | |
nomination of persons to be members of the Council.” | 40 |
Osteopaths Act 1993 (c. 21) | |
5 In the Schedule to the Osteopaths Act 1993 after paragraph 11 (members of | |
the General Council appointed by the Privy Council) there is inserted the | |
following paragraph— | |
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