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nurses agencies, fostering agencies, voluntary | |
adoption agencies and adoption support agencies;”. | |
16 (1) Section 8 is amended as follows. | |
(2) In subsection (3), for the words from “section 7” to “Commission” substitute | |
“section 5A or 5B is exercisable by the CHAI or the CSCI”. | 5 |
(3) At the end insert— | |
“(6) In this section, “Part II services” means services of the kind provided | |
by persons registered under Part II, other than the provision of— | |
(a) medical or psychiatric treatment, or | |
(b) listed services (as defined in section 2).” | 10 |
17 In section 10— | |
(a) subsection (1) is omitted; and | |
(b) in subsection (6)(b), for “by the Commission” substitute “by the | |
CHAI or the CSCI under this Act”. | |
18 In section 11(4), for “the Commission” substitute “the CHAI or the CSCI”. | 15 |
19 In section 23(4)(d), after the second “or” insert “against a voluntary adoption | |
agency or adoption support agency for an offence under”. | |
20 In section 29(1)— | |
(a) for “the Commission”, in the first place, substitute “the CHAI or the | |
CSCI (as appropriate)”, and | 20 |
(b) for “the Commission”, in the second place, substitute “either the | |
CHAI or the CSCI”. | |
21 In section 31— | |
(a) in subsection (6), for “powers” substitute “power”; and | |
(b) in subsection (7), for “the Commission” substitute “the CHAI or the | 25 |
CSCI”. | |
22 In section 36A for “the Commission”, in all places, substitute “the CSCI”. | |
23 In section 42, at the end insert— | |
“(5) Regulations under subsection (1) made by the Secretary of State may | |
in particular specify whether, for the purposes of the application of | 30 |
this Part to any person, the registration authority is to be the CHAI | |
or the CSCI.” | |
24 In section 45(4)— | |
(a) omit “Subject to section 47(6)”; | |
(b) for “the Commission” substitute “the CSCI”; and | 35 |
(c) at the end insert “; and an inspection under this section shall be | |
regarded for all purposes as undertaken under section 74 of the | |
Health and Social Care (Community Health and Standards) Act | |
2003”. | |
25 In section 51(1), for the words from “in relation to” to “registration | 40 |
authority” substitute “in England in relation to which powers conferred by | |
section 74 of the Health and Social Care (Community Health and Standards) | |
Act 2003 may be exercised to pay to the CSCI”. | |
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26 In section 113, after subsection (1) insert— | |
“(1A) The powers conferred by this section are exercisable by the Secretary | |
of State if he is satisfied that— | |
(a) the CHAI or the CSCI has without reasonable excuse failed to | |
discharge, or properly to discharge, any of its functions | 5 |
under this Act, or | |
(b) in discharging any of its functions under this Act the CHAI | |
or the CSCI has without reasonable excuse failed to comply | |
with any directions given by him in relation to those | |
functions.” | 10 |
27 In section 121, in the Table in subsection (13), insert the following entries at | |
the appropriate places— | |
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Freedom of Information Act 2000 (c. 36) | 15 |
28 In the Freedom of Information Act 2000, in Part 6 of Schedule 1, at the | |
appropriate places insert the following entries— | |
“Commission for Healthcare Audit and Inspection, in respect of | |
information held for purposes other than those of its functions | |
exercisable by virtue of paragraph 5(a)(i) of the Care Standards | 20 |
Act 2000.”; | |
“Commission for Social Care Inspection, in respect of information held | |
for purposes other than those of its functions exercisable by virtue | |
of paragraph 5(a)(ii) of the Care Standards Act 2000.”. | |
Adoption and Children Act 2002 (c. 38) | 25 |
29 In section 99 of the Adoption and Children Act 2002, for “the National Care | |
Standards Commission” substitute “the Commission for Social Care | |
Inspection”. | |
Schedule 9 | |
Section 141 | |
Recovery of NHS charges: exempted payments | 30 |
1 Any payment made to or for the injured person under— | |
(a) section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 | |
(c. 6) (compensation orders against convicted persons), | |
(b) section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) | |
(corresponding provision in relation to Scotland), or | 35 |
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(c) Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. | |
1994/2795 (N.I. 15)). | |
2 Any payment made in the exercise of a discretion out of property held | |
subject to a trust in a case where no more than 50 per cent by value of the | |
capital contributed to the trust was directly or indirectly provided by | 5 |
persons who are, or are alleged to be, liable in respect of— | |
(a) the injury suffered by the injured person, or | |
(b) any connected injury suffered by another. | |
3 Any payment made out of property held for the purposes of a prescribed | |
trust. | 10 |
4 (1) Any payment made to the injured person by an insurer under the terms of | |
any contract of insurance entered into between the injured person and the | |
insurer before the occurrence of the injury in question. | |
(2) In sub-paragraph (1), “insurer” means— | |
(a) a person who has permission under Part 4 of the Financial Services | 15 |
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 | |
Schedule (as a result of qualifying for authorisation under paragraph | 20 |
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 | |
(c) Schedule 2 to that Act. | 25 |
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 153, | |
(b) the relevant ambulance trust to whom the payment would | |
subsequently be passed under that section. | 30 |
6 Any payment to the extent that it is made— | |
(a) in consequence of an action under the Fatal Accidents Act 1976 | |
(c. 30), | |
(b) in consequence of an action under the Fatal Accidents (Northern | |
Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or | 35 |
(c) in circumstances where, had an action been brought, it would have | |
been brought under that Act or Order. | |
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 | 40 |
circumstances as may be prescribed. | |
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Schedule 10 | |
Section 171 | |
Part 4: minor and consequential amendments | |
Health Services and Public Health Act 1968 (c. 46) | |
1 The Health Services and Public Health Act 1968 has effect subject to the | |
following amendments. | 5 |
2 (1) Section 59 is amended as follows. | |
(2) In subsection (1), after “personal medical services” insert “primary dental | |
services”. | |
(3) In subsection (2), after “1977 Act” insert “(in the case of pharmaceutical | |
services and general medical services) or”. | 10 |
(4) After subsection (2) insert— | |
“(2ZA) In subsection (1), references to primary dental services are to be | |
construed as references to services of that kind under Part 1 of the | |
1977 Act.” | |
(5) In subsection (2A), after “1977 Act” insert “(in the case of personal medical | 15 |
services) or”. | |
3 In section 63(2), after paragraph (bb) insert— | |
“(bc) the provision or performance of a primary dental service | |
under Part 1 of the 1977 Act;”. | |
4 In section 64(3)(b), after “make arrangements” insert “or any service which a | 20 |
Primary Care Trust or Local Health Board is under a duty to provide under | |
section 16CA of that Act”. | |
Patents Act 1977 (c. 37) | |
5 (1) Section 56(4)(a) of the Patents Act 1977 is amended as follows. | |
(2) In sub-paragraph (i), after “1977 Act” insert “(in the case of pharmaceutical | 25 |
services or general medical services) or”. | |
(3) After sub-paragraph (i) insert— | |
“(ia) primary dental services under Part 1 of the 1977 Act, | |
or”. | |
(4) In sub-paragraph (ii), after “1977 Act” insert “(in the case of personal medical | 30 |
services) or”. | |
National Health Service Act 1977 (c. 49) | |
6 The 1977 Act has effect subject to the following amendments. | |
7 In section 3, at the end insert— | |
“(4) For the purposes of the duty in subsection (1), services provided | 35 |
under section 16CA(2) or under a general dental services contract are | |
to be regarded as provided by the Secretary of State.” | |
8 In section 15(1)(a), for “general medical services, general dental services” | |
substitute “primary dental services, general medical services”. | |
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9 In section 16BB(4), at the end insert “(including functions under section | |
16CA or 16CB below)”. | |
10 In section 16BC(1), at the end insert “or section 16CA or 16CB below”. | |
11 In section 18A(3)— | |
(a) in paragraph (a), omit “general dental,”; | 5 |
(b) in paragraph (b), omit “or personal dental”; | |
(c) after that paragraph insert— | |
“(c) providing or performing primary dental services | |
under this Part,”. | |
12 (1) Section 26 is amended as follows. | 10 |
(2) In subsection (2) (as substituted by the National Health Service (Primary | |
Care) Act 1997)— | |
(a) in paragraph (a), omit “general dental services,”; | |
(b) after paragraph (a) insert— | |
“(aa) providing primary dental services under a general | 15 |
dental services contract or in accordance with section | |
28C arrangements; or”; | |
(c) in paragraph (b), omit “, personal dental services”. | |
(3) In subsection (4)— | |
(a) in paragraph (a), omit “general dental services,”; | 20 |
(b) after paragraph (a) insert— | |
“(zaa) providing primary dental services under a general | |
dental services contract or in accordance with section | |
28C arrangements,”; | |
(c) in paragraph (aa), omit “, personal dental services”. | 25 |
13 In section 28C, in subsections (1)(b), (2)(a) and (b) and (4), for “personal | |
dental services”, in all places, substitute “primary dental services”. | |
14 (1) Section 28D is amended as follows. | |
(2) In subsection (1)— | |
(a) in paragraph (a), at the end insert “or NHS foundation trust”; | 30 |
(b) in paragraph (f), at the end insert “or Local Health Board”. | |
(3) In subsection (2)— | |
(a) in the definition of “NHS employee”— | |
(i) after “Scotland” insert “or Northern Ireland”; | |
(ii) in paragraph (a), after “NHS trust” insert “, an NHS | 35 |
foundation trust or (in Northern Ireland) a Health and Social | |
Services Trust”; | |
(b) in the definition of “qualifying body”, in paragraph (b), for | |
“personal” substitute “primary”. | |
15 In section 28I(a)— | 40 |
(a) omit “or personal dental services”; | |
(b) after “section 28C arrangements” insert “or of primary dental | |
services under this Part”. | |
16 (1) Section 41(1) is amended as follows. | |
(2) In paragraph (b), after “medicines” insert “and listed appliances”. | 45 |
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(3) In paragraph (c)— | |
(a) after “medicines” insert “and listed appliances”; and | |
(b) for “general dental services” substitute “primary dental services | |
under Part I above”. | |
17 In section 43(1), for “general dental services” substitute “primary dental | 5 |
services under Part 1 above”. | |
18 In section 43D(10), after “(a) to (e),” insert “a list under section 28Q above,”. | |
19 (1) Section 44 is amended as follows. | |
(2) In subsection (A1), for the words from “A Health Authority” to “they are” | |
substitute “A Local Health Board may recognise a committee formed for its | 10 |
area, or for its area and that of one or more other Local Health Boards which | |
it is”. | |
(3) In subsection (1)— | |
(a) for the words from “a Health Authority” to “their area” substitute “a | |
Local Health Board is satisfied that a committee formed for its area, | 15 |
or for its area and that of one or more other Local Health Boards”; | |
and | |
(b) for “the Health Authority” substitute “the Local Health Board”. | |
(4) In subsections (3)(a) and (b) and (4), for “Health Authority”, in all places, | |
substitute “Local Health Board”. | 20 |
20 (1) Section 45 is amended as follows. | |
(2) In subsection (1), for “Health Authorities” substitute “Local Health Boards”. | |
(3) In subsections (1A), (2) and (3), for “Health Authority”, in all places, | |
substitute “Local Health Board”. | |
(4) In subsection (4), for “section 28C medical practitioners, deputy dental | 25 |
practitioners or section 28C dental practitioners” substitute “or section 28C | |
medical practitioners”. | |
21 After section 45 insert— | |
“45A Local dental committees: England | |
(1) A Primary Care Trust may recognise a committee formed for its area, | 30 |
or for its area and that of one or more other Primary Care Trusts, | |
which it is satisfied is representative of— | |
(a) the persons to whom subsection (2) applies; and | |
(b) the persons to whom subsection (3) applies. | |
(2) This subsection applies to every dental practitioner who, under a | 35 |
general dental services contract entered into by him, is providing | |
primary dental services in the area for which the committee is | |
formed. | |
(3) This subsection applies to every other dental practitioner— | |
(a) who is performing primary dental services in that area— | 40 |
(i) under section 16CA(2) above; | |
(ii) in accordance with section 28C arrangements; or | |
(iii) under a general dental services contract; and | |
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(b) who has notified the Primary Care Trust that he wishes to be | |
represented by the committee (and has not notified it that he | |
wishes to cease to be so represented). | |
(4) Any such committee may delegate any of its functions, with or | |
without restrictions or conditions, to sub-committees composed of | 5 |
members of that committee. | |
(5) Regulations may require a Primary Care Trust, in the exercise of its | |
functions relating to primary dental services, to consult any | |
committee recognised by it under subsection (1) on such occasions | |
and to such extent as may be prescribed. | 10 |
(6) Regulations may require a Strategic Health Authority, in the exercise | |
of any of its functions which relate to section 28C arrangements for | |
the provision of primary dental services, to consult, on such | |
occasions and to such extent as may be prescribed, any committee— | |
(a) which is recognised by a Primary Care Trust under | 15 |
subsection (1) for the area where the services are (or are to be) | |
provided under those arrangements; and | |
(b) which is representative of persons providing or performing | |
those services under those arrangements. | |
(7) A committee recognised under subsection (1) shall have such other | 20 |
functions as may be prescribed. | |
(8) A committee recognised under subsection (1) shall in respect of each | |
year determine— | |
(a) the amount of its administrative expenses for that year | |
attributable to persons of whom it is representative under | 25 |
subsection (1)(a); and | |
(b) the amount of its administrative expenses for that year | |
attributable to persons of whom it is representative under | |
subsection (1)(b). | |
(9) A Primary Care Trust may— | 30 |
(a) on the request of a committee recognised by it, allot to that | |
committee such sums for defraying the expenses referred to | |
in subsection (8)(a) as it may determine; and | |
(b) deduct the amount of such sums from the remuneration of | |
persons of whom it is representative under subsection (1)(a) | 35 |
under the general dental services contracts entered into by | |
them with the Trust. | |
(10) A committee recognised under subsection (1) shall apportion the | |
amount determined by it under subsection (8)(b) among the persons | |
of whom it is representative under subsection (1)(b); and each such | 40 |
person shall pay in accordance with the committee’s directions the | |
amount so apportioned to him. | |
(11) References in this section to the administrative expenses of a | |
committee include the travelling and subsistence allowances payable | |
to its members. | 45 |
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