Health and Social Care (Community Health and Standards) Bill

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Health and Social Care (Community Health and Standards) Bill

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Privy Council appointments
    130

          “11A                 (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
relating to the making of appointments to a body mentioned in
5
that section.
                           (2)                  The Privy Council may direct the Special Health Authority to
exercise its functions under paragraphs 1 and 11 in relation to the
appointment of members of the Council.”
Chiropractors Act 1994 (c. 17)
10
  6        In Schedule 1 to the Chiropractors Act 1994 after paragraph 11 (members of
the General Council appointed by the Privy Council) there is inserted the
following paragraph—
          “11A                 (1)                  This paragraph applies if, under section 168 of the Health and
Social Care (Community Health and Standards) Act 2003, the
15
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
20
exercise its functions under paragraphs 1 and 11 in relation to the
appointment of members of the Council.”
The Nursing and Midwifery Order 2001 (S.I. 2002/253)
  7        In Schedule 1 to the Nursing and Midwifery Order 2001 (the Nursing and
Midwifery Council) after paragraph 15 (powers of the Council) there is
25
inserted the following paragraph—
“Privy Council functions
          15A                 (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
30
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 this Part of this Schedule in relation to
35
the appointment, replacement and removal of members of the
Council.”
The Health Professions Order 2001 (S.I. 2002/254)
  8        In Schedule 1 to the Health Professions Order 2001 (the Health Professions
Council) after paragraph 16 (powers of the Council) there is inserted the
40
following paragraph—

Health and Social Care (Community Health and Standards) Bill
Schedule 12 — Repeals and revocations
Part 1 — NHS foundation trusts
    131

“Privy Council functions
          16A                 (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
5
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 this Part of this Schedule in relation to
the appointment, replacement and removal of members of the
10
Council.”
Schedule 12
Section 175

Repeals and revocations
Part 1
NHS foundation trusts
15

Reference
Extent of repeal or revocation

Health Services and Public
In section 63(5B), the “and” at the end of

Health Act 1968 (c. 46)
paragraph (bbb).

National Health Service Act
In section 22(1A), the “or” at the end of

1977 (c. 49)
paragraph (cc).

20

In section 125, the “and” at the end of paragraph

(bbb).

National Health Service and
In Schedule 2, paragraphs 21 and 25(b).

Community Care Act 1990 (c.
In Schedule 9—

19)
  paragraph 7(a),

25

  paragraph 13(a),

  in paragraph 18(5)(a), the words from “after”

to “trust” and”,

  paragraph 36(4)(a).

Access to Health Records Act
In section 11, in the definition of “health service

30

1990 (c. 23)
body”, the “or” before paragraph (d).

Courts and Legal Services Act
In Schedule 16—

1990 (c. 41)
  in paragraph 14(b), the words from “and

after” to the end,

  paragraph 20.

35

Health and Social Care Act 2001
In section 11(2), the “and” before paragraph (c).

(c. 15)

Health and Social Care (Community Health and Standards) Bill
Schedule 12 — Repeals and revocations
Part 2 — Quality and standards
    132

Part 2
Quality and standards

Reference
Extent of repeal or revocation

Public Records Act 1958 (c.51)
In Schedule 1, in Part 2 of the Table at the end of

paragraph 3, the entries relating to the

5

Commission for Health Improvement and the

National Care Standards Commission.

Public Bodies (Admission to
In the Schedule, paragraph 1(bc) and (bf).

Meetings) Act 1960 (c.67)

Parliamentary Commissioner
In Schedule 2, the entries relating to the

10

Act 1967 (c.13)
Commission for Health Improvement and the

National Care Standards Commission.

Local Authority Social Services
Section 7B.

Act 1970 (c.42)

House of Commons
In Part 2 of Schedule 1, the entries relating to the

15

Disqualification Act 1975
Commission for Health Improvement and the

(c.24)
National Care Standards Commission.

Northern Ireland Assembly
In Part 2 of Schedule 1, the entries relating to the

Disqualification Act 1975
Commission for Health Improvement and the

(c.25)
National Care Standards Commission.

20

Hospital Complaints Procedure
The whole Act.

Act 1985 (c. 42)

Health Service Commissioners
Section 4(6).

Act 1993 (c. 46)

Health Authorities Act 1995
In Schedule 1, paragraph 109.

25

(c. 17)

Health Act 1999 (c. 8)
Sections 18 to 24.

In section 62—

  in subsection (1), “20 or” and “or Schedule 2,”;

  in subsection (5), “20 or”.

30

In section 64, the definition of “the

Commission”.

Schedule 2.

In Schedule 4, paragraph 71.

Care Standards Act 2000 (c.14)
Sections 6 and 7.

35

Section 9.

Section 10(1).

Section 22(8)(a).

In section 31(6), the words “and inspect any

medical records relating to his treatment in

40

the establishment”.

Section 32(8).

Section 44.

Section 45(1) to (3) and (5).

Sections 46 and 47.

45

Section 49(2).

Section 51.

In section 121(13), in the table, the entry for “the

Commission”.

Health and Social Care (Community Health and Standards) Bill
Schedule 12 — Repeals and revocations
Part 4 — Dental services
    133

Reference
Extent of repeal or revocation

Care Standards Act 2000
In Schedule 1—

(c.14)—cont.
  in paragraph 1(1), “the Commission,”;

  paragraphs 9 to 11, 15 and 17.

Local Government Act 2000
In Schedule 5, paragraph 29.

5

(c.22)

Freedom of Information Act
In Part VI of Schedule 1, the reference to the

2000 (c.36)
Commission for Health Improvement.

National Health Service Reform
Sections 11 to 14.

and Health Care Professions
In Schedule 1, paragraphs 49 and 50.

10

Act 2002 (c.17)
In Schedule 5, paragraph 44.

In Schedule 8, paragraphs 28 to 31.

Part 3
Recovery of NHS charges

Reference
Extent of repeal or revocation

15

Road Traffic (NHS Charges) Act
The whole Act.

1999 (c. 3)

Road Traffic Act 1988 (c. 52)
In section 145(6)—

     (a)     the words “or the Road Traffic (NHS

Charges) Act 1999”, and

20

     (b)    in paragraph (b), the words “or section 1

of the Act of 1999”.

In section 161(1), in the definition of “hospital”,

paragraph (b).

Tribunals and Inquiries Act
In Part 2 of Schedule 1, paragraph 56(e).

25

1992 (c. 53)

Community Care and Health
Section 20(3).

(Scotland) Act 2002 (asp 5)

Part 4
Dental services
30

Reference
Extent of repeal or revocation

Parliamentary Commissioner Act
In Schedule 3, in paragraph 8(1), “the Dental

1967 (c. 13)
Practice Board or”.

House of Commons
In Schedule 1, in Part 3, the entry relating to

Disqualification Act 1975 (c. 24)
the Chairman or Vice-Chairman of the

35

Dental Practice Board or member of that

Board appointed at an annual salary.

Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 2, the entry relating to

the Dental Practice Board.

National Health Service Act 1977
Section 5(1A).

40

(c. 49)
Section 28E(3)(j) and (8).

Sections 35 to 37.

Health and Social Care (Community Health and Standards) Bill
Schedule 12 — Repeals and revocations
Part 4 — Dental services
    134

Reference
Extent of repeal or revocation

National Health Service Act 1977
In section 78—

(c. 49)—cont.
  in the side-note, the words “dental or”;

  subsections (1A) and (2).

Section 81(b).

5

Section 82(b).

Section 83(b).

Section 85(1)(e).

In section 98—

  in subsection (1), paragraph (e) and the

10

preceding “and”;

  in subsection (4), in paragraph (a) the

words from “, other than” to the end and

paragraph (b).

In section 99(1), paragraph (f) and the

15

preceding “and”.

In section 100(1), paragraph (e) and the

preceding “and”.

Section 102(1)(a)(iv) and (2)(c).

In Schedule 12—

20

  in the heading preceding paragraph 2, the

words “dental or”;

  in paragraph 2, sub-paragraphs (3) to (7)

and, in sub-paragraph (8), the words from

“and, in the case of” to the end;

25

  paragraph 3 and the preceding heading;

  paragraphs 6 and 7.

In Schedule 12A, paragraphs 4(2)(b), 5(2)(b),

6A(2)(d) and 6B(2)(c).

National Health Service (Scotland)
Section 17A(2)(g).

30

Act 1978 (c. 29)

Income and Corporation Taxes Act
Section 519A(2)(f).

1988 (c. 1)

Health and Medicines Act 1988
In section 12(1)—

(c. 49)
  “The Dental Estimates Board shall be

35

renamed as “the Dental Practice Board”

and”;

  in paragraph (a), “for any reference to the

Dental Estimates Board there were

substituted a reference to the Dental

40

Practice Board and”;

  in paragraph (b), “the Dental Estimates

Board or” and “the Dental Practice Board

and”.

Section 12(2) and (3)(a).

45

National Health Service and
In section 4(2)(g), “the Dental Practice Board

Community Care Act 1990
or”.

(c. 19)
Section 60(7)(f).

Health Service Commissioners Act
Section 2(1)(f).

1993 (c. 46)

50

Health Authorities Act 1995 (c. 17)
In Schedule 1, paragraph 26.

Health and Social Care (Community Health and Standards) Bill
Schedule 12 — Repeals and revocations
Part 6 — Loans by Secretary of State to NHS trusts
    135

Reference
Extent of repeal or revocation

Employment Rights Act 1996
Section 218(10)(d).

(c. 18)

National Health Service (Primary
Section 17.

Care) Act 1997 (c. 46)
Section 20.

5

In Schedule 2, paragraphs 16 to 19.

Health Act 1999 (c. 8)
Section 39(2) and (3).

National Assembly for Wales
In Schedule 1, in the entry for the National

(Transfer of Functions) Order
Health Service Act 1977, paragraphs (c)

1999 (S.I. 1999/672)
and (e).

10

Freedom of Information Act 2000
In Schedule 1, in Part 3, paragraph 42.

(c. 36)

Health and Social Care Act 2001
Section 22(4).

(c. 15)

National Health Service Reform
In Schedule 1, paragraph 17.

15

and Health Care Professions Act

2002 (c. 17)

Part 5
Replacement of Welfare Food Schemes

Reference
Extent of repeal or revocation

20

Social Security Act 1998 (c.7)
Section 15A(3).

Part 6
Loans by Secretary of State to NHS trusts

Reference
Extent of repeal or revocation

National Health Service and
In Schedule 3, in paragraph 1(6), the words “,

25

Community Care Act 1990 (c.19)
with the consent of the Treasury,”.

Health and Social Care (Community Health and Standards) Bill
Schedule 12 — Repeals and revocations
Part 6 — Loans by Secretary of State to NHS trusts
    136



© Parliamentary copyright 2003	Revised 13 March 2003