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(e) for power to direct that a charge is not payable in any particular | |
case; | |
(f) for the repayment of any charge (including provision as to the | |
persons by whom, and manner in which, repayments are to be | |
made). | 5 |
(3) Regulations under subsection (1) may provide for sums which would | |
otherwise be payable by a Primary Care Trust, Local Health Board or | |
Special Health Authority to persons providing relevant dental services | |
to be reduced by the amount of the charges authorised by the | |
regulations. | 10 |
(4) This section is subject to Schedule 12ZA. | |
(5) In this section and Schedule 12ZA “relevant dental services” means— | |
(a) dental treatment provided— | |
(i) under section 16CA(2) above (dental services provided | |
by a Primary Care Trust or Local Health Board); | 15 |
(ii) under a general dental services contract; | |
(iii) in accordance with section 28C arrangements; and | |
(b) the supply of dentures and other dental appliances— | |
(i) under this Act, or | |
(ii) in accordance with a pilot scheme under Part 1 of the | 20 |
National Health Service (Primary Care) Act 1997. | |
(6) Any reference in this section or Schedule 12ZA to the supply of an | |
appliance includes a reference to its repair, adjustment, refitting or | |
replacement and, in the case of dentures, to their being relined or | |
having additions made to them.” | 25 |
(2) After Schedule 12 to that Act insert— | |
“Schedule 12za | |
Dental charging: exemptions | |
General exemptions | |
1 (1) No charge is to be made under regulations under section 79(1) in | 30 |
respect of a relevant dental service provided for any person who at | |
the prescribed time— | |
(a) was under 18; | |
(b) was under 19 and receiving qualifying full-time education; | |
(c) was pregnant; or | 35 |
(d) had given birth to a child within the previous 12 months. | |
(2) In sub-paragraph (1)(b), “qualifying full-time education” means full- | |
time instruction at a recognised educational establishment or by | |
other means accepted as comparable by the person or body making | |
the regulations. | 40 |
(3) For the purposes of sub-paragraph (2)— | |
(a) “recognised educational establishment” means an | |
establishment recognised by the person or body making the | |
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(a) regulations as being, or as comparable to, a school, college or | |
university; and | |
(b) regulations may prescribe the circumstances in which a | |
person is or is not to be treated as receiving full-time | |
instruction. | 5 |
(4) In sub-paragraph (1)(d), “child” includes a still-born child (within | |
the meaning of the Births and Deaths Registration Act 1953). | |
(5) This paragraph is subject to paragraph 3. | |
Repair and replacement | |
2 (1) No charge is to be made under regulations under section 79(1) in | 10 |
respect of the repair or replacement of any appliance. | |
(2) This paragraph is subject to paragraph 3. | |
Exceptions to paragraphs 1 and 2 | |
3 Paragraphs 1 and 2 do not apply in relation to— | |
(a) the repair or replacement of any appliance of a prescribed | 15 |
description; or | |
(b) the repair or replacement of any appliance where it is | |
determined in the prescribed manner— | |
(i) in any case, that the repair or replacement was | |
necessitated by an act or omission of the person | 20 |
supplied; or | |
(ii) in a case where the person supplied was under the | |
age of 16, that the repair or replacement was | |
necessitated by an act or omission, occurring while | |
that person was under that age, of a person having | 25 |
charge of him. | |
Hospital patients | |
4 No charge is to be made under regulations under section 79(1) in | |
respect of any appliance supplied to a patient for the time being | |
resident in a hospital. | 30 |
5 Paragraph 4 does not apply where an appliance is supplied— | |
(a) under section 16CA(2) above; | |
(b) under a general dental services contract; or | |
(c) in accordance with section 28C arrangements. | |
Arrest of bleeding | 35 |
6 No charge is to be made under regulations under section 79(1) in | |
respect of the arrest of bleeding. | |
Declarations and evidence | |
7 Regulations may provide, with respect to any exemption under this | |
section, that it is to be a condition of the exemption that— | 40 |
(a) a declaration of the prescribed kind is made in the prescribed | |
form and manner; or | |
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(b) a certificate or other evidence of the prescribed kind is | |
supplied in the prescribed form and manner.” | |
166 Minor and consequential amendments | |
Schedule 10 (which contains minor and consequential amendments relating to | |
this Part) has effect. | 5 |
Part 5 | |
Miscellaneous | |
167 Replacement of the Welfare Food Schemes | |
(1) In the Social Security Act 1988 (c. 7), for section 13 (schemes for the distribution | |
etc of welfare foods), substitute— | 10 |
“13 Benefits under schemes for improving nutrition: pregnant women, | |
mothers and children | |
(1) Regulations may establish one or more schemes to provide benefits for | |
prescribed descriptions of— | |
(a) pregnant women, | 15 |
(b) mothers, and | |
(c) children, | |
with a view to helping and encouraging them to have access to, and to | |
incorporate in their diets, food of a prescribed description. | |
(2) Before establishing, or varying, a scheme the Secretary of State must | 20 |
consult the Scottish Ministers and the National Assembly for Wales | |
(“the Assembly”). | |
(3) A scheme may, in particular, specify requirements that must be | |
satisfied— | |
(a) before a person may become entitled to a benefit; | 25 |
(b) for a beneficiary to remain entitled to a continuing benefit. | |
(4) Requirements that may be specified include requiring a person | |
(including someone who has parental responsibility for a | |
beneficiary)— | |
(a) to be registered under the scheme; | 30 |
(b) to attend a hospital, clinic or doctor’s surgery determined in | |
accordance with the scheme; | |
(c) where the beneficiary is a child, to take the child to a hospital, | |
clinic or doctor’s surgery determined in accordance with the | |
scheme; | 35 |
(d) to allow herself, or a child of hers, to be examined by a doctor or | |
nurse; | |
(e) to allow a visit to her home by a health professional or other | |
prescribed description of person; | |
(f) to receive advice of a prescribed description about nutrition, | 40 |
diet or other matters relating to health. | |
(5) A scheme may also include provision— | |
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(a) for a benefit to consist of food of a prescribed description being | |
provided by— | |
(i) a person who supplies, or arranges for the supply of, | |
food of that description for beneficiaries under the | |
scheme; | 5 |
(ii) a person providing a service (such as day care) for the | |
recipient of the benefit; or | |
(iii) a health service body; | |
(b) for the use of vouchers, or similar arrangements, in connection | |
with the provision of benefits; | 10 |
(c) that a person taking part in the scheme, otherwise than as a | |
beneficiary, must be registered under the scheme; | |
(d) for the payment by the Secretary of State of sums to persons | |
registered in accordance with a provision of a kind mentioned | |
in paragraph (c), in respect of things provided or done by them | 15 |
in accordance with the scheme; | |
(e) for the making of payments to such persons entitled to receive | |
benefits as may be determined by or under the scheme; | |
(f) for the delegation, in accordance with provisions of the scheme, | |
of prescribed functions under the scheme; | 20 |
(g) for the scheme, or prescribed provisions of the scheme, to be | |
administered on behalf of the Secretary of State by such health | |
service body, or other description of body, as may be | |
prescribed; | |
(h) requiring prescribed categories of persons to take reasonable | 25 |
steps to provide— | |
(i) to a person authorised for the purpose in accordance | |
with the scheme, | |
(ii) on production, if required, of evidence of his authority, | |
such information or evidence as may be reasonably needed in | 30 |
connection with administering the scheme. | |
(6) Provision of a kind mentioned in subsection (5)(h) may, in particular— | |
(a) require information or evidence to be provided in a legible | |
form; | |
(b) authorise the taking of copies or making of extracts; | 35 |
(c) require an explanation by the information provider of anything | |
which he has provided; | |
(d) require an information provider to state, to the best of his | |
knowledge and belief, where information or evidence that he | |
has failed to provide is held. | 40 |
(7) The power to prescribe descriptions of food (conferred by subsection | |
(1)) and the power to prescribe descriptions of advice (conferred by | |
subsection (4)(f)) are to be exercised, in relation to the operation of a | |
scheme in Wales, by regulations made by the Assembly. | |
(8) The Secretary of State may give such directions— | 45 |
(a) to a body administering a scheme (or part of a scheme), | |
(b) in relation to matters relating to the operation of the scheme (or | |
that part of the scheme), | |
as he considers appropriate. | |
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(9) The Assembly may, with the agreement of the Secretary of State, give | |
such directions— | |
(a) to a body administering a scheme (or part of a scheme), | |
(b) in relation to matters relating to the operation of the scheme (or | |
that part of the scheme) in Wales, | 5 |
as it considers appropriate. | |
(10) A scheme may direct that prescribed enactments relating to the | |
administration of benefit under the Social Security Administration Act | |
1992 (c.5) (including enactments relating to offences and criminal | |
proceedings) are to have effect for the purpose of administering the | 10 |
scheme subject to such modifications (if any) as may be prescribed. | |
(11) In this section— | |
“benefit”, in relation to a scheme, means a benefit under the | |
scheme; | |
“children” has such meaning as may be prescribed; | 15 |
“clinic” includes such arrangements (if any) for examining | |
persons, treating patients or enabling advice or information to | |
be given to persons, as may be prescribed; | |
“enactment” includes an Act of the Scottish Parliament and a | |
provision made under an enactment; | 20 |
“food” includes vitamins, minerals and other dietary | |
supplements; | |
“health service body” and “health service professional” have such | |
meaning as may be prescribed; | |
“information provider” means the person who is required to | 25 |
provide information or, where that person is a body corporate, | |
any person who is, or at any time has been, an officer or | |
employee of the body corporate; | |
“parental responsibility” has such meaning as may be prescribed; | |
“pregnant” includes recently pregnant; | 30 |
“prescribed” means prescribed by regulations; | |
“regulations”, except in subsection (7), means regulations made by | |
the Secretary of State; | |
“scheme” means a scheme made under this section.” | |
(2) In section 15A of that Act— | 35 |
(a) in subsection (2), after the first “instrument” insert “made by the | |
Secretary of State”; and | |
(b) omit subsection (3). | |
168 Appointments to certain health and social care bodies | |
(1) This section applies to a body (however established) which has functions | 40 |
relating to— | |
(a) health; | |
(b) social care; | |
(c) the regulation of professions associated with health or social care. | |
(2) The Secretary of State may direct a Special Health Authority to exercise so | 45 |
much of the appointments function relating to a body to which this section | |
applies as is specified in the direction. | |
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(3) If the Secretary of State gives a direction under subsection (2) the 1977 Act has | |
effect as if— | |
(a) the direction is a direction of the Secretary of State under section 16D of | |
that Act; | |
(b) the function is exercisable by the Special Health Authority under | 5 |
section 16D. | |
(4) If the Secretary of State gives a direction under subsection (2) in respect of a | |
body which exercises functions in relation to any part of the United Kingdom | |
other than England and Wales subsection (5) applies— | |
(a) at the time the direction is given; | 10 |
(b) for the purposes of anything done by a Special Health Authority in | |
pursuance of the direction. | |
(5) Sections 11 and 16D of and (so far as relating to a Special Health Authority) | |
Schedule 5 to the 1977 Act and any other provision of that Act which relates to | |
the exercise of the function in pursuance of the direction must be taken to | 15 |
extend to any part of the United Kingdom in relation to which the body | |
exercises functions. | |
(6) The appointments function is any function exercisable by the Secretary of State | |
in relation to— | |
(a) the appointment of persons to be members of a body to which this | 20 |
section applies; | |
(b) the removal (whether permanently or otherwise) of such persons from | |
the membership of the body. | |
(7) For the purposes of this section it is immaterial that a body has functions | |
relating to matters other than those specified in subsection (1). | 25 |
(8) Schedule 11 amends certain enactments which provide for appointments to be | |
made to certain bodies by or on the advice of the Privy Council. | |
(9) If in the exercise of a power conferred by virtue of that Schedule the Privy | |
Council gives a direction corresponding to a direction given by the Secretary | |
of State under subsection (2) above, subsections (3) to (5) above apply for the | 30 |
purposes of the Privy Council’s direction as they apply for the purposes of a | |
direction given by the Secretary of State. | |
169 Appointments to certain health and social care bodies: joint functions | |
(1) This section applies if (apart from section 168) the appointments function in | |
relation to a body is exercisable jointly or concurrently with a person who is not | 35 |
a Minister of the Crown. | |
(2) A requirement to exercise the function jointly or concurrently does not prevent | |
the Secretary of State from making a direction in relation to the body but he | |
must not do so unless he first consults the other person. | |
(3) If a direction is given as mentioned in subsection (2) so much of the functions | 40 |
of the Secretary of State and of the other person as are specified in the direction | |
is exercisable by the Special Health Authority acting alone. | |
(4) Subsections (2) and (3) do not apply if the other person is the Scottish Ministers | |
but that does not prevent the Secretary of State from giving a direction under | |
section 168 in relation to the exercise of any function he has. | 45 |
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(5) Appointments function has the same meaning as in section 168. | |
170 Validity of clearance for employment in certain NHS posts | |
(1) In section 7 of the Protection of Children Act 1999 (c. 14) (effect of inclusion of | |
person on lists relating to suitability for child care positions) after subsection | |
(3) there are inserted the following subsections— | 5 |
“(3A) This section does not apply in relation to an offer of relevant NHS | |
employment if each of the following paragraphs applies in respect of | |
the individual to whom the offer is made— | |
(a) at the time the offer is made he is employed by an NHS body; | |
(b) that NHS body has ascertained that he is not included in the list | 10 |
kept under section 1 above or (during the period that he is | |
employed by that body) another NHS body has ascertained that | |
he is not included in the list; | |
(c) subsection (1A) (inserted by paragraph 26(2) of Schedule 4 to | |
the Care Standards Act 2000) does not apply to him; | 15 |
(d) he accepts the offer and for so long as he is employed in the | |
employment to which the offer relates paragraph (c) applies. | |
(3B) Relevant NHS employment is employment in a child care position with | |
an NHS body. | |
(3C) Each of the following is an NHS body— | 20 |
(a) a National Health Service trust; | |
(b) a Strategic Health Authority; | |
(c) an NHS foundation trust; | |
(d) a Health Authority; | |
(e) a Local Health Board; | 25 |
(f) a Special Health Authority; | |
(g) a Primary Care Trust.” | |
(2) In section 89 of the Care Standards Act 2000 (c. 14) (effect of inclusion of person | |
on lists relating to suitability for care positions) after subsection (4) there are | |
inserted the following subsections— | 30 |
“(4A) This section does not apply in relation to an offer of relevant NHS | |
employment if each of the following paragraphs applies in respect of | |
the individual to whom the offer is made— | |
(a) at the time the offer is made he is employed by an NHS body; | |
(b) that NHS body has ascertained that he is not included in the list | 35 |
kept under section 81 above or (during the period that he is | |
employed by that body) another NHS body has ascertained that | |
he is not included in the list; | |
(c) subsection (2) does not apply to him; | |
(d) he accepts the offer and for so long as he is employed in the | 40 |
employment to which the offer relates paragraph (c) applies. | |
(4B) Relevant NHS employment is employment in a care position with an | |
NHS body. | |
(4C) Each of the following is an NHS body— | |
(a) a National Health Service trust; | 45 |
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