Health Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Health Bill

Health Bill
Schedule 8 — Minor and consequential amendments
79

25
In Schedule 9A (the Family Health Services Appeal Authority), in paragraph
6(c) for “ophthalmic optician” substitute “optometrist”.
Medical Act 1983 (c. 54)
26
In Schedule 1 (the General Medical Council etc.) omit paragraph 4ZA.
Dentists Act 1984 (c. 24)
5
27    (1)
Schedule 1 to the Dentists Act 1984 (the General Dental Council etc.) is
amended as follows.
      (2)
In paragraph 1(5) for “paragraphs 2 and 2A” substitute “paragraph 2”.
      (3)
Omit paragraph 2A.
Opticians Act 1989 (c. 21)
10
28
In Schedule 1 to the Opticians Act 1989 (the General Optical Council) omit
paragraph 2A.
National Health Service and Community Care Act 1990 (c. 19)
29    (1)
Section 4A of the National Health Service and Community Care Act 1990
(provision of certain services under NHS contracts) is amended as follows.
15
      (2)
In subsection (1)—
(a)
omit “or” at the end of paragraph (a), and after that paragraph
insert—
“(aa)
by a contractor under a general ophthalmic services
contract, or”,
20
(b)
at the end add “other than under section 16CD of that Act”.
      (3)
In subsection (3), before the definition of “health service body” insert—
““general ophthalmic services contract” and “contractor” under
such a contract have the meanings given by section 28WA of
the principal Act;”.
25
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
30
In section 279(2) of the Trade Union and Labour Relations (Consolidation)
Act 1992 (health service practitioners)—
(a)
for “or primary dental services” substitute “, primary dental services
or primary ophthalmic services”,
30
(b)
at the end of paragraph (b) add “or under a contract under section
28WA of that Act entered into by him with a Primary Care Trust,”.
Osteopaths Act 1993 (c. 21)
31
In the Schedule to the Osteopaths Act 1993 (the General Osteopathic Council
etc.) omit paragraph 11A.
35

Health Bill
Schedule 8 — Minor and consequential amendments
80

Health Service Commissioners Act 1993 (c. 46)
32
The Health Service Commissioners Act 1993 has effect subject to the
following amendments.
33
In section 2A(1) (health service providers subject to investigation)—
(a)
in paragraph (a), for “or 28Q” substitute “, 28Q or 28WA”,
5
(b)
in paragraph (b), omit “general ophthalmic services or”.
34
In section 6(5) (general health services and service committees) omit “38, 39”.
Chiropractors Act 1994 (c. 17)
35
In Schedule 1 to the Chiropractors Act 1994 (the General Chiropractic
Council etc.) omit paragraph 11A.
10
National Health Service (Residual Liabilities) Act 1996 (c. 15)
36    (1)
Section 1 of the National Health Service (Residual Liabilities) Act 1996
(transfer of residual liabilities of certain NHS bodies) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Health Authority,” substitute “Local Health Board,”, and
15
(b)
after “all of its liabilities” insert “(other than any criminal liabilities)”.
      (3)
In subsection (2)—
(a)
for paragraph (c) substitute—
“(c)
a Local Health Board;”, and
(b)
after paragraph (dd) insert “; or
20
“(de)
an NHS foundation trust.”
Employment Rights Act 1996 (c. 18)
37
In section 43K(1)(ba) of the Employment Rights Act 1996 (extension of
meaning of “worker” etc. for Part 4A) at the end add “or with a Primary Care
Trust under section 28WA of that Act”.
25
Audit Commission Act 1998 (c. 18)
38
The Audit Commission Act 1998 has effect subject to the following
amendments.
39
In section 5(1)(a) (general duties of auditors in relation to accounts of health
service bodies) for “prepared in accordance with directions under
30
subsection (2), or (2B) of section 98 of” substitute “kept in accordance with
directions under paragraph 3(1) of Schedule 12B to”.
40
In section 53(1) (interpretation) for the definition of “health service body”
substitute—
““health service body” means an English NHS body (within the
35
meaning of Schedule 12B to the National Health Service Act
1977), other than a Special Health Authority;”.
41    (1)
Schedule 2 to the Audit Commission Act 1998 (accounts subject to audit) is
amended as follows.

Health Bill
Schedule 8 — Minor and consequential amendments
81

      (2)
For paragraph 1(g) substitute—
“(g)
a health service body;”.
      (3)
For paragraph 1A substitute—
“1A
But section 2 does not apply to the accounts of a relevant charitable
trust (within the meaning of paragraph 10 of Schedule 12B to the
5
National Health Service Act 1977).”
      (4)
Omit paragraph 1C.
Government of Wales Act 1998 (c. 38)
42
In section 144(2) of the Government of Wales Act 1998 (accounts, audit and
reports) for “section 98(1) of the National Health Service Act 1977 (accounts
10
and audit of NHS bodies)” substitute “paragraph 3(2) of Schedule 12B to the
National Health Service Act 1977 (requirement for Welsh NHS bodies to
keep accounts)”.
Government Resources and Accounts Act 2000 (c. 20)
43    (1)
Section 14 of the Government Resources and Accounts Act 2000
15
(summarised accounts) is amended as follows.
      (2)
In subsection (1) for “section 98(4) of” substitute “paragraph 8 or 9 of
Schedule 12B to”.
      (3)
In subsection (3) after “subsection (1)” insert “in respect of an English NHS
body”.
20
      (4)
For subsection (4) substitute—
“(4)
Before making an order under that subsection in respect of a Welsh
NHS body the Treasury shall consult—
(a)
the National Assembly for Wales, and
(b)
the Auditor General for Wales.”
25
      (5)
At the end add—
“(6)
In this section “English NHS body” and “Welsh NHS body” have the
same meanings as in Schedule 12B to the National Health Service Act
1977.”
Freedom of Information Act 2000 (c. 36)
30
44    (1)
Schedule 1 to the Freedom of Information Act 2000 (public authorities) is
amended as follows.
      (2)
In Part 1, in paragraph 43A—
(a)
for “or primary dental services” substitute “, primary dental services
or primary ophthalmic services”,
35
(b)
in paragraph (b) for “or 28Q” substitute “, 28Q or 28WA”.
      (3)
In Part 6, at the appropriate place insert—
“The Appointments Commission.”

Health Bill
Schedule 8 — Minor and consequential amendments
82

Nursing and Midwifery Order 2001 (S.I. 2002/253)
45
In Schedule 1 to the Nursing and Midwifery Order 2001 (the Nursing and
Midwifery Council etc.) omit paragraph 15A.
Health Professions Order 2001 (S.I. 2002/254)
46
In Schedule 1 to the Health Professions Order 2001 (the Health Professions
5
Council etc.) omit paragraph 16A.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
47
The National Health Service Reform and Health Care Professions Act 2002
has effect subject to the following amendments.
48
In section 17(1) (entry and inspection of premises)—
10
(a)
for the second paragraph (fa) substitute—
“(fb)
persons providing primary medical services, primary
dental services or primary ophthalmic services under
Part 1 of the 1977 Act,”,
(b)
in subsection (2), for “(1)(fa),” substitute “(1)(fb),”.
15
49
In Schedule 6 (the Commission for Patient and Public Involvement in
Health) omit paragraph 6.
50
In Schedule 7 (the Council for the Regulation of Health Care Professionals)
omit paragraph 5.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
20
51
The 2003 Act has effect subject to the following amendments.
52
In section 7(5) (continuity of bodies which become NHS foundation trusts
and their liabilities) after “liabilities” add “(including its criminal liabilities)”.
53
In section 150(7)(d) (liability to pay NHS charges) for sub-paragraph (ii)
substitute—
25
“(ii)
section 2C, 17C, 17J or 25 of the 1978 Act (primary
medical services or personal or general dental
services).”
54
In section 187 (appointments to certain health and social care bodies) omit
subsections (1) to (7), (9) and (10).
30
55
Omit section 188 (appointments to certain health and social care bodies: joint
functions).
56    (1)
In Schedule 6 (the Commission for Health Care Audit and Inspection:
supplementary) paragraph 3 is amended as follows.
      (2)
In sub-paragraph (1)—
35
(a)
in paragraphs (a) and (c) for “relevant Special Health Authority”
substitute “Secretary of State”, and
(b)
in paragraph (b) for “relevant Special Health Authority who appears
to that Authority” substitute “Assembly who appears to the
Assembly”.
40

Health Bill
Schedule 9 — Repeals and revocations
83

      (3)
Omit sub-paragraphs (2), (3), (9), (10), (14) and (15).
      (4)
In sub-paragraph (11)—
(a)
for “Special Health Authority referred to in sub-paragraph (2)”
substitute “Secretary of State”, and
(b)
for “Special Health Authority referred to in sub-paragraph (3)”
5
substitute “Assembly”.
57    (1)
In Schedule 7 (the Commission for Social Care Inspection: supplementary)
paragraph 3 is amended as follows.
      (2)
In sub-paragraph (1) for “relevant Special Health Authority” substitute
“Secretary of State”.
10
      (3)
Omit sub-paragraphs (2) and (6) to (8).
General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003
(S.I. 2003/1250)
58
In Schedule 1 (the Postgraduate Medical Education and Training Board etc.)
omit paragraph 4.
15
Health Protection Agency Act 2004 (c. 17)
59
In Schedule 1 (the Health Protection Agency) omit paragraph 2.
Public Audit (Wales) Act 2004 (c. 23)
60
In section 61(1) of the Public Audit (Wales) Act 2004 (audit of Welsh NHS
bodies) for “section 98(2) of the National Health Service Act 1977 (accounts
20
of NHS bodies)” substitute “paragraph 5(2) of Schedule 12B to the National
Health Service Act 1977 (preparation of annual accounts of Welsh NHS
bodies)”.
Schedule 9
Section 76

Repeals and revocations
25

Short title and chapter or title and
Extent of repeal or revocation

number

Pharmacy Act 1954 (c. 61)
In Schedule 1, paragraph 3A.

Medicines Act 1968 (c. 67)
In section 77, paragraph (b) and the “and”

immediately preceding it.

30

National Health Service Act
In section 15(1)(a), “general ophthalmic

1977 (c. 49)
services”.

In section 18A(3)(a), “general ophthalmic or”.

In section 38(1), “of every Primary Care Trust

and”.

35

In section 39, in subsection (1)(a) “by each

Primary Care Trust and”; in subsections (1)

and (2) “Primary Care Trust or” in each place

it occurs; and in subsection (3) “Primary Care

Trust or” and “of the Primary Care Trust or”.

40

Health Bill
Schedule 9 — Repeals and revocations
84

Short title and chapter or title and
Extent of repeal or revocation

number

National Health Service Act
In section 44(B2), paragraph (a); “the Local

1977 (c. 49)—cont.
Optical Committee or”; and “, as the case may

be,”.

5

In section 45A(3), “and” at the end of paragraph

(a).

In section 49N(4)(b), “(or, in the case of a

medical list, to nominate or approve him for

inclusion in it)”.

10

In Schedule 12, in paragraph 2A(1), “or” at the

end of paragraph (b).

Health and Social Services and
In Schedule 5, paragraph 3.

Social Security Adjudications

Act 1983 (c. 41)

15

Medical Act 1983 (c. 54)
In Schedule 1, paragraph 4ZA.

Dentists Act 1984 (c. 24)
In Schedule 1, paragraph 2A.

Opticians Act 1989 (c. 44)
In Schedule 1, paragraph 2A.

National Health Service and
In section 4A(1), “or” at the end of paragraph

Community Care Act 1990
(a).

20

(c. 19)
Section 11(7).

Section 20(2).

In Schedule 2, paragraph 24.

Osteopaths Act 1993 (c. 21)
In the Schedule, paragraph 11A.

Health Service Commissioners
In section 2A(1)(b), “general ophthalmic

25

Act 1993 (c. 46)
services or”.

In section 6(5), “38, 39”.

Chiropractors Act 1994 (c. 17)
In Schedule 1, paragraph 11A.

Health Authorities Act 1995
In Schedule 1, paragraph 50.

(c. 17)

30

Pharmacists (Fitness to Practise)
In the Schedule, paragraph 5.

Act 1997 (c. 19)

Audit Commission Act 1998
In Schedule 2, paragraph 1C.

(c. 18)

Health Act 1999 (c. 8)
In Schedule 3, paragraph 2(2).

35

In Schedule 4, paragraph 33.

Health Act 1999
In Schedule 1, paragraph 13(6).

(Supplementary,

Consequential etc.

Provisions) Order 2000 (S.I.

40

2000/90)

Nursing and Midwifery Order
In Schedule 1, paragraph 15A.

2001 (S.I. 2002/253)

Health Professions Order 2001
In Schedule 1, paragraph 16A.

(S.I. 2002/254)

45

National Health Service Reform
Section 35.

and Health Care Professions
In Schedule 1, paragraph 29.

Health Bill
Schedule 9 — Repeals and revocations
85

Short title and chapter or title and
Extent of repeal or revocation

number

National Health Service Reform
In Schedule 2, paragraphs 11, 12(3) and (4)(a).

and Health Care Professions
In Schedule 5, paragraph 21.

Act 2002 (c. 17)—cont.
In Schedule 6, paragraph 6.

5

In Schedule 7, paragraph 5.

Health and Social Care
In section 187, subsections (1) to (7), (9) and (10).

(Community Health and
Section 188.

Standards) Act 2003 (c. 43)
In Schedule 6, paragraph 3(2), (3), (9), (10), (14)

and (15).

10

In Schedule 7, paragraph 3(2) and (6) to (8).

In Schedule 11, paragraph 33.

In Schedule 12, paragraphs 1, 2(3), 3(2) and (4)

and 4 to 8.

General and Specialist Medical
In Schedule 1, paragraph 4.

15

Practice (Education, Training

and Qualifications) Order

2003 (S.I. 2003/1250)

Government Resources and
In Schedule 2, paragraph 1.

Accounts Act 2000 (Audit of

20

Health Service Bodies) Order

2003 (S.I. 2003/1324)

Health Protection Agency Act
In Schedule 1, paragraph 2.

2004 (c. 17)

Public Audit (Wales) Act 2004
In Schedule 2, paragraphs 2 and 38(2).

25

(c. 23)

Government Resources and
Article 2(2) and Schedule 2.

Accounts Act 2000 (Audit of

Health Service Bodies) Order

2004 (S.I. 2004/1714)

30

Regulatory Reform (National
Articles 2 and 4.

Health Service Charitable

and Non-Charitable Trust

Accounts and Audit) Order

2005 (S.I. 2005/1074)

35