|
| |
| |
(a) in accordance with arrangements made under section 28C | |
of the National Health Service Act 1977, or | |
(b) under a contract under section 28K of that Act, | |
in respect of information relating to the provision of those services.” | |
Health and Social Care Act 2001 (c. 15) | 5 |
60 The Health and Social Care Act 2001 has effect subject to the following | |
amendments. | |
61 In section 28(4), for “personal dental services” substitute “primary dental | |
services”. | |
62 (1) Schedule 1 is amended as follows. | 10 |
(2) After paragraph 10 insert— | |
“10A. Information relating to a particular person who— | |
(a) is or was formerly providing primary dental services | |
under section 28K of the 1977 Act; | |
(b) is or was formerly included in, or is an applicant for | 15 |
inclusion in, a list under section 28Q of that Act.” | |
(3) In paragraph 12, for “personal dental services” substitute “primary dental | |
services”. | |
(4) In paragraph 13, after “10” insert “10A”. | |
National Health Service Reform and Health Care Professions Act 2002 (c. 17) | 20 |
63 (1) Section 17 of the National Health Service Reform and Health Care | |
Professions Act 2002 is amended as follows. | |
(2) In subsection (1)— | |
(a) after paragraph (f) insert— | |
“(fa) persons providing primary dental services under Part | 25 |
1 of the 1977 Act”; | |
(b) in paragraph (g), after “Act or” insert “personal medical services”. | |
(3) In subsection (2), for “(1)(g)” substitute “(1)(fa), (g)”. | |
Schedule 11 | |
Section 173 | |
Privy Council appointments | 30 |
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 | |
Pharmaceutical Society of Great Britain) after subsection (2) there are | |
inserted the following subsections— | 35 |
“(3) Subsection (4) applies if, under section 173 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 that section. | |
(4) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction its functions under | |
this section in relation to— | 5 |
(a) the appointment of members to the Council; | |
(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 173 of the Health and | 10 |
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 | |
that section. | 15 |
(2) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction 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- | 20 |
paragraph (2) for so long as the direction remains in force and for | |
the purposes (if any) specified in the direction paragraph 3(2)(b) | |
must be construed as if the reference to the Clerk to the Privy | |
Council is a reference to the Special Health Authority.” | |
Medical Act 1983 (c. 54) | 25 |
2 (1) Schedule 1 to the Medical Act 1983 (the General Medical Council) is | |
amended as follows. | |
(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— | 30 |
“4ZA (1) This paragraph applies if, under section 173 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 | 35 |
that section. | |
(2) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction its functions under | |
paragraph 4 in relation to the nomination of persons to be | |
nominated members of the Council.” | 40 |
Dentists Act 1984 (c. 24) | |
3 (1) Schedule 1 to the Dentists Act 1984 (the General Dental Council) is amended | |
as follows. | |
(2) In paragraph 1 (constitution) in sub-paragraph (5) for “paragraph 2” there is | |
substituted “paragraphs 2 and 2A”. | 45 |
| |
| |
|
| |
| |
(3) In paragraph 2 (lay members) for sub-paragraphs (2) and (3) there are | |
substituted the following— | |
“(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. | 5 |
(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 | |
there.” | |
(4) After paragraph 2 there is inserted the following paragraph— | |
“2A (1) This paragraph applies if, under section 173 of the Health and | 10 |
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 | |
that section. | 15 |
(2) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction its functions under | |
paragraph 2 in relation to— | |
(a) the appointment of persons to be lay members of the | |
Council; | 20 |
(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 | |
paragraph 2 there is inserted the following paragraph— | |
“2A (1) This paragraph applies if, under section 173 of the Health and | 25 |
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 | |
that section. | 30 |
(2) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction— | |
(a) its functions under paragraphs 1 and 2 in relation to the | |
nomination of persons to be members of the Council; | |
(b) its functions under paragraph 8 in relation to the | 35 |
nomination of the Chairman of the Council.” | |
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— | 40 |
“11A (1) This paragraph applies if, under section 173 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 | 45 |
that section. | |
| |
| |
|
| |
| |
(2) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction its functions under | |
paragraphs 1 and 11 in relation to the appointment of members of | |
the Council.” | |
Chiropractors Act 1994 (c. 17) | 5 |
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 173 of the Health and | |
Social Care (Community Health and Standards) Act 2003, the | 10 |
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 | 15 |
exercise to the extent specified in the direction 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 | 20 |
Midwifery Council) after paragraph 15 (powers of the Council) there is | |
inserted the following paragraph— | |
“Privy Council functions | |
15A (1) This paragraph applies if, under section 173 of the Health and | |
Social Care (Community Health and Standards) Act 2003, the | 25 |
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 | 30 |
exercise to the extent specified in the direction its functions under | |
this Part of this Schedule in relation to 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 | 35 |
Council) after paragraph 16 (powers of the Council) there is inserted the | |
following paragraph— | |
“Privy Council functions | |
16A (1) This paragraph applies if, under section 173 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. | |
(2) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction its functions under | |
this Part of this Schedule in relation to the appointment, | 5 |
replacement and removal of members of the Council.” | |
Schedule 12 | |
Section 176 | |
Amendments consequential on the abolition of the Public Health Laboratory | |
Service Board | |
Parliamentary Commissioner Act 1967 (c. 13) | 10 |
1 In paragraph 8(1) of Schedule 3 to the Parliamentary Commissioner Act 1967 | |
(matters not subject to examination) the words “or by the Public Health | |
Laboratory Service Board” are omitted. | |
House of Commons Disqualification Act 1975 (c. 24) | |
2 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 | 15 |
(other disqualifying offices) the entry relating to the Chairman of the Public | |
Health Laboratory Service Board is omitted. | |
Race Relations Act 1976 (c. 74) | |
3 In Part 2 of Schedule 1A to the Race Relations Act 1976 (additional bodies | |
subject to a general statutory duty) the entry relating to the Public Health | 20 |
Laboratory Service Board is omitted. | |
National Health Service Act 1977 (c. 49) | |
4 In the National Health Service Act 1977— | |
(a) in section 5 (provision of other services), subsections (4) and (5) are | |
omitted; | 25 |
(b) in section 127(c) the words “(except the Public Health Laboratory | |
Service Board)” are omitted; | |
(c) Schedule 3 (Public Health Laboratory Service Board) is omitted. | |
Income and Corporation Taxes Act 1988 (c.1) | |
5 In section 519A(2) of the Income and Corporation Taxes Act 1988 (definition | 30 |
of health bodies) paragraph (h) is omitted. | |
National Health Service and Community Care Act 1990 (c. 19) | |
6 In the National Health Service and Community Care Act 1990— | |
(a) in section 4(2) (NHS contracts) paragraph (h) is omitted; | |
(b) in section 21(2) (schemes for meeting losses and liabilities of certain | 35 |
health service bodies) paragraph (c) and the word “and” preceding it | |
are omitted; | |
| |
| |
|
| |
| |
(c) in section 60(7) (removal of Crown immunities) paragraph (h) and | |
the word “and” preceding it are omitted. | |
Health Service Commissioners Act 1993 (c. 46) | |
7 In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject | |
to investigation) paragraph (g) and the word “and” preceding it are omitted. | 5 |
Employment Rights Act 1996 (c. 18) | |
8 In section 218(10) (list of health service employers affected by continuity of | |
employment provisions) paragraph (c) and the word “and” preceding it are | |
omitted. | |
Government of Wales Act 1998 (c. 38) | 10 |
9 (1) In Schedule 5 of the Government of Wales Act 1998 (bodies covered by | |
power of Assembly to require under section 74 of that Act certain persons to | |
attend and give evidence and produce documents), paragraph 39 is omitted. | |
(2) But sub-paragraph (1) does not affect a requirement made— | |
(a) before this paragraph comes into force; | 15 |
(b) in relation to any matter which occurred or existed before that time. | |
Freedom of Information Act 2000 (c. 36) | |
10 In Schedule 1 to the Freedom of Information Act 2000 (public authorities for | |
the purposes of the Act) paragraph 43 is omitted. | |
International Development Act 2002 (c. 1) | 20 |
11 In Schedule 1 to the International Development Act 2002 (bodies with power | |
to enter into certain arrangements) the words “Public Health Laboratory | |
Service Board” are omitted. | |
Nationality, Immigration and Asylum Act 2002 (c. 41) | |
12 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 | 25 |
(disclosure of certain information to health service bodies)— | |
(a) in paragraph (a) the word “or” is inserted after sub-paragraph (iii) | |
and sub-paragraph (v) and the word “or” preceding it are omitted; | |
(b) in paragraph (b) the word “or” is inserted after sub-paragraph (i) and | |
sub-paragraph (iii) and the word “or” preceding it are omitted. | 30 |
| |
| |
|
