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177 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. | 5 |
178 Amendment of provision relating to reform of Welsh health authorities | |
In section 27 of the Government of Wales Act 1998 (c. 38) (reform of Welsh | |
health authorities), in subsection (7), for “(5)(b)” substitute “(7)(b)”. | |
Part 6 | |
Final provisions | 10 |
179 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 | |
(b) any increase attributable to this Act in the sums payable out of money | 15 |
so provided under any other Act. | |
180 Interpretation | |
In this Act— | |
“the 1977 Act” means the National Health Service Act 1977 (c. 49); | |
“the Assembly” means the National Assembly for Wales. | 20 |
181 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 | |
transitional or saving provision. | 25 |
(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. | |
(3) Before making any regulations under Part 3 the Secretary of State must consult | 30 |
the Assembly. | |
(4) Any power to make an order or regulations under this Act is exercisable by | |
statutory instrument. | |
(5) A statutory instrument containing an order or regulations under this Act made | |
by the Secretary of State (apart from an order under section 184) is subject to | 35 |
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 | |
Scottish Parliament. | |
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182 Repeals and revocations | |
The enactments mentioned in Schedule 13 (which include provisions of Acts of | |
the Scottish Parliament) are repealed or revoked to the extent specified. | |
183 Wales | |
(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) | 5 |
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 | |
omitting any reference to an Act which is amended by this Act. | 10 |
184 Commencement | |
(1) Subject to this section— | |
(a) the provisions of Parts 1 to 5, and | |
(b) section 182 and Schedule 13, | |
shall come into force on such day as the appropriate authority may by order | 15 |
appoint. | |
(2) The appropriate authority is— | |
(a) in relation to Part 1, and section 182 and Schedule 13 so far as relating | |
to that Part, the Secretary of State; | |
(b) in relation to Part 2— | 20 |
(i) for section 37 and Schedule 6, sections 50, 53, Chapter 5, sections | |
96 to 99, Chapter 8, sections 109, 111, 117, 118, 120, 122, 124, 126, | |
128 and 132, section 138 and Schedule 8 so far as relating to the | |
Commission for Social Care Inspection, and section 182 and | |
Schedule 13 so far as relating to those provisions, the Secretary | 25 |
of State; | |
(ii) for sections 42 and 58, Chapters 4 and 6, sections 103, 108, 110, | |
133 to 136 and section 182 and Schedule 13 so far as relating to | |
those provisions, the Assembly; | |
(iii) for sections 100 to 102 and 105, the Secretary of State, in relation | 30 |
to England, and the Assembly, in relation to Wales; and | |
(iv) for the other provisions of the Part, and section 182 and | |
Schedule 13 so far as relating to those provisions, the Secretary | |
of State after consulting the Assembly; | |
(c) in relation to Part 3, and section 182 and Schedule 13 so far as relating | 35 |
to that Part— | |
(i) in relation to England and Wales, the Secretary of State after | |
consulting the Assembly; and | |
(ii) in relation to Scotland, the Scottish Ministers with the consent | |
of the Secretary of State; | 40 |
(d) in relation to section 168, and section 182 and Schedule 13 so far as | |
relating to section 168, the Secretary of State; | |
(e) in relation to the other provisions of Part 4, and section 182 and | |
Schedule 13 so far as relating to those provisions— | |
(i) in relation to England, the Secretary of State; and | 45 |
(ii) in relation to Wales, the Assembly; | |
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(f) in relation to Part 5, and section 182 and Schedule 13 so far as relating | |
to that Part, the Secretary of State. | |
(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 158 or to section | 5 |
178. | |
185 Transitional or transitory provision and savings | |
(1) The appropriate authority may by order make such transitional or transitory | |
provisions and savings as the authority considers appropriate in connection | |
with the coming into force of any provision of this Act. | 10 |
(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 184. | |
(3) An order under this section may modify any Act (including an Act of the | |
Scottish Parliament) or subordinate legislation. | 15 |
(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. | |
186 Supplementary and consequential provision | |
(1) The appropriate authority may by order made such supplementary, incidental | 20 |
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 | |
provision of this Act, means the authority which is the appropriate authority | |
in relation to that provision for the purposes of section 184. | 25 |
(3) An order under this section may modify any Act (including an Act of the | |
Scottish Parliament) or subordinate legislation. | |
(4) The power under this section is not restricted by any other provision of this | |
Act. | |
187 Extent | 30 |
(1) The amendment or repeal of any provision by this Act has the same extent as | |
the provision being amended or repealed (subject to any express limitation | |
contained in this Act). | |
(2) Subject to that and except as provided below this Act extends to England and | |
Wales only. | 35 |
(3) The following provisions also extend to Scotland— | |
(a) sections 117 and 118; | |
(b) Part 3, except for section 154(3); | |
(c) sections 172, 173 and 174 and Schedule 11; | |
(d) this Part. | 40 |
(4) The following provisions also extend to Northern Ireland— | |
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