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(b) a Strategic Health Authority; | |
(c) an NHS foundation trust; | |
(d) a Health Authority; | |
(e) a Local Health Board; | |
(f) a Special Health Authority; | 5 |
(g) a Primary Care Trust.” | |
(3) Section 7(3A)(b) of the Protection of Children Act 1999 (c. 14) has effect until | |
the coming into force of paragraph 121 of Schedule 21 to the Education Act | |
2002 (c. 32) as if for “the list kept under section 1 above” there is substituted | |
“any of the lists mentioned in subsection (1)(a)”. | 10 |
171 Loans by Secretary of State to NHS trusts | |
(1) Paragraph 1 of Schedule 3 to the National Health Service and Community Care | |
Act 1990 (c. 19) (borrowings of NHS trusts) is amended as follows. | |
(2) In sub-paragraph (6), the words “, with the consent of the Treasury,” are | |
omitted. | 15 |
Part 6 | |
Final provisions | |
172 Financial provisions | |
There shall be paid out of money provided by Parliament— | |
(a) any expenditure incurred by the Secretary of State by virtue of this Act; and | 20 |
(b) any increase attributable to this Act in the sums payable out of money so | |
provided under any other Act. | |
173 Interpretation | |
In this Act— | |
“the 1977 Act” means the National Health Service Act 1977 (c. 49); | 25 |
“the Assembly” means the National Assembly for Wales. | |
174 Orders and regulations | |
(1) Any order or regulations under this Act— | |
(a) may make different provision for different purposes; and | |
(b) may make incidental, supplementary, consequential, transitory or | 30 |
transitional or saving provision. | |
(2) Any power to make regulations conferred by this Act (as well as being | |
exercisable in relation to all cases to which it extends) may be exercised in | |
relation to all those cases subject to exceptions or in relation to any particular | |
case or class of case. | 35 |
(3) Before making any regulations under Part 3 the Secretary of State must consult | |
the Assembly. | |
(4) Any power to make an order or regulations under this Act is exercisable by | |
statutory instrument | |
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(5) A statutory instrument containing an order or regulations under this Act made | |
by the Secretary of State (apart from an order under section 177) is subject to | |
annulment in pursuance of a resolution of either House of Parliament. | |
(6) A statutory instrument containing regulations under Part 3 made by the | |
Scottish Ministers is subject to annulment in pursuance of a resolution of the | 5 |
Scottish Parliament. | |
175 Repeals and revocations | |
The enactments mentioned in Schedule 12 (which include provisions of Acts of | |
the Scottish Parliament) are repealed or revoked to the extent specified. | |
176 Wales | 10 |
(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) | |
Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this | |
Act shall (as from the time when the Act is so amended) be treated as referring | |
to that Act as amended by this Act. | |
(2) Subsection (1) does not affect the power to make further Orders varying or | 15 |
omitting any reference to an Act which is amended by this Act. | |
177 Commencement | |
(1) Subject to this section— | |
(a) the provisions of Parts 1 to 5, and | |
(b) section 175 and Schedule 12, | 20 |
shall come into force on such day as the appropriate authority may by order | |
appoint. | |
(2) The appropriate authority is— | |
(a) in relation to Part 1, and section 175 and Schedule 12 so far as relating | |
to that Part, the Secretary of State; | 25 |
(b) in relation to Part 2— | |
(i) for section 37 and Schedule 6, sections 45 to 48 and 56, Chapter | |
5, sections 99 to 102, Chapter 8, sections 111, 113, 119, 120 and | |
128, section 134 and Schedule 8 so far as relating to the | |
Commission for Social Care Inspection, and section 175 and | 30 |
Schedule 12 so far as relating to those provisions, the Secretary | |
of State; | |
(ii) for section 42, Chapters 4 and 6, sections 106, 110, 112, 129 to 132 | |
and section 175 and Schedule 12 so far as relating to those | |
provisions, the Assembly; | 35 |
(iii) for sections 103 to 105, the Secretary of State, in relation to | |
England, and the Assembly, in relation to Wales; and | |
(iv) for the other provisions of the Part, and section 175 and | |
Schedule 12 so far as relating to those provisions, the Secretary | |
of State after consulting the Assembly; | 40 |
(c) in relation to Part 3, and section 175 and Schedule 12 so far as relating | |
to that Part— | |
(i) in relation to England and Wales, the Secretary of State after | |
consulting the Assembly; and | |
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(ii) in relation to Scotland, the Scottish Ministers with the consent | |
of the Secretary of State; | |
(d) in relation to section 163, and section 175 and Schedule 12 so far as | |
relating to section 163, the Secretary of State; | |
(e) in relation to the other provisions of Part 4, and section 175 and | 5 |
Schedule 12 so far as relating to those provisions— | |
(i) in relation to England, the Secretary of State; and | |
(ii) in relation to Wales, the Assembly; | |
(f) in relation to Part 5, and section 175 and Schedule 12 so far as relating | |
to that Part, the Secretary of State. | 10 |
(3) Different days may be appointed for different purposes. | |
(4) Subsection (1) does not apply in relation to any provision of this Act so far as it | |
confers power to make an order or regulations, or to section 154. | |
178 Transitional or transitory provision and savings | |
(1) The appropriate authority may by order make such transitional or transitory | 15 |
provisions and savings as the authority considers appropriate in connection | |
with the coming into force of any provision of this Act. | |
(2) For the purposes of this section “appropriate authority”, in relation to any | |
provision of this Act, means the authority which is the appropriate authority | |
in relation to that provision for the purposes of section 177. | 20 |
(3) An order under this section may modify any Act (including, in relation to Part | |
3, an Act of the Scottish Parliament) or subordinate legislation. | |
(4) Nothing in any transitional or transitory provisions and savings contained in | |
this Act restricts the power under this section to make other transitional | |
provisions and savings. | 25 |
179 Supplementary and consequential provision | |
(1) The appropriate authority may by order made such supplementary, incidental | |
or consequential provision as he or it thinks appropriate for the purposes of, in | |
consequence of or for giving full effect to any provision of this Act. | |
(2) For the purposes of this section “appropriate authority”, in relation to any | 30 |
provision of this Act, means the authority which is the appropriate authority | |
in relation to that provision for the purposes of section 177. | |
(3) An order under this section may modify any Act (including, in relation to Part | |
3, an Act of the Scottish Parliament) or subordinate legislation. | |
(4) The power under this section is not restricted by any other provision of this | 35 |
Act. | |
180 Extent | |
(1) The amendment or repeal of any provision by this Act has the same extent as | |
the provision being amended or repealed. | |
(2) Subject to that and except as provided below this Act extends to England and | 40 |
Wales only. | |
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