Health Bill

House of Commons

Session 2005 - 06
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Health Bill

Health Bill
Schedule 7 — Transfer of staff and property etc. to Appointments Commission
77

Schedule 6
Section 57

The Appointments Commission: list of regulatory bodies
List of regulatory bodies referred to in section 57(1)
The General Chiropractic Council.
The General Dental Council.
5
The General Medical Council.
The General Optical Council.
The General Osteopathic Council.
The Health Professions Council.
The Nursing and Midwifery Council.
10
Schedule 7
Section 66

Transfer of staff and property etc. to Appointments Commission
Interpretation
1
In this Schedule—
“the appointed day” means the day appointed under section 80 for the
15
coming into force of section 54(4),
“employee” means a person who immediately before the appointed
day is an employee of the NHSAC, and
“the NHSAC” means the National Health Service Appointments
Commission.
20
Transfer of staff
2     (1)
An employee’s contract of employment has effect on and after the appointed
day as if originally made between him and the Commission.
      (2)
Accordingly—
(a)
all the rights, powers, duties and liabilities of the NHSAC under or
25
in connection with the contract of employment are by virtue of this
paragraph transferred to the Commission on the appointed day, and
(b)
anything done before the appointed day by or in relation to the
NHSAC in respect of that contract or the employee is to be treated on
and after that day as having been done by or in relation to the
30
Commission.
      (3)
If before the appointed day an employee informs the NHSAC that he does
not wish to become an employee of the Commission—
(a)
sub-paragraphs (1) and (2) do not apply in relation to him, and
(b)
his contract of employment is terminated on the appointed day.
35
      (4)
An employee is not to be treated for any purpose as being dismissed by
reason of the operation of any provision of this paragraph in relation to him.
      (5)
Nothing in this paragraph affects any right of an employee to terminate his
contract of employment if a substantial change is made to his detriment in
his working conditions.
40

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Schedule 8 — Minor and consequential amendments
78

      (6)
But no such right arises by reason only that, by virtue of this paragraph, the
identity of his employer changes unless he shows that, in all the
circumstances, the change is significant and is to his detriment.
Transfer of property, rights and liabilities
3     (1)
By virtue of this paragraph the property, rights and liabilities (including
5
criminal liabilities) of the NHSAC existing immediately before the
appointed day are transferred to the Commission on the appointed day.
      (2)
Anything done by or in relation to the NHSAC which is in effect
immediately before the appointed day is to be treated on and after the
appointed day as done by or in relation to the Commission.
10
      (3)
Anything (including any legal proceedings) which—
(a)
relates to anything transferred by sub-paragraph (1), and
(b)
is in the process of being done by or in relation to the NHSAC,

may be continued on and after the appointed day by or in relation to the
Commission.
15
      (4)
Sub-paragraph (1) does not have effect in relation to any rights or liabilities
transferred by virtue of paragraph 2(2)(a).
      (5)
Sub-paragraph (2) does not have effect in relation to anything treated as
done by or in relation to the Commission by virtue of paragraph 2(2)(b).
General
20
4
Nothing in this Schedule affects the validity of anything done by the
NHSAC.
Schedule 8
Section 77

Minor and consequential amendments
Pharmacy Act 1954 (c. 61)
25
1
The Pharmacy Act 1954 has effect subject to the following amendments.
2
In section 15 (appointment of additional members to the council of the
Pharmaceutical Society of Great Britain) omit subsections (3) and (4).
3
In Schedule 1 (statutory committee of the Pharmaceutical Society) omit
paragraph 3A.
30
House of Commons Disqualification Act 1975 (c. 24)
4
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) insert at the appropriate
place—
“The Appointments Commission.”
35

Health Bill
Schedule 8 — Minor and consequential amendments
79

Northern Ireland Assembly Disqualification Act 1975 (c. 25)
5
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) insert at the
appropriate place—
“The Appointments Commission.”
5
National Health Service Act 1977 (c. 49)
6
The 1977 Act has effect subject to the following amendments.
7     (1)
Section 3 (services generally) is amended as follows.
      (2)
In subsection (1)(c) after “dental,” insert “ophthalmic,”.
      (3)
In subsection (3) after “ophthalmic” insert “services in Wales”.
10
      (4)
In subsection (4)—
(a)
in paragraph (a) for “or 16CC(2)” substitute “, 16CC(2) or 16CD(4)”,
(b)
in paragraph (b) for “or a general dental services contract” substitute
“, a general dental services contract or a general ophthalmic services
contract”.
15
8
In section 15(1)(a) (duty of Health Authority in relation to family health
services)—
(a)
omit “general ophthalmic services”,
(b)
at the end add “and also such arrangements for the provision of
primary ophthalmic services for their area if it is in England, or
20
general ophthalmic services for their area if it is in Wales;”.
9
In section 18A(3) (provision of services etc.)—
(a)
in paragraph (a), omit “general ophthalmic or”,
(b)
in paragraph (b), for “or primary dental services” substitute “,
primary dental services or primary ophthalmic services”.
25
10
In section 19(1) (advisory committees for Wales) for paragraph (e)
substitute—
“(e)
the optometrists,”.
11
In section 26 (supply of goods and services by Secretary of State)—
(a)
in subsection (2)(b), for “or a general dental services contract”
30
substitute “, a general dental services contract or a general
ophthalmic services contract”,
(b)
in subsection (4)(aa), for “or a general dental services contract”
substitute “, a general dental services contract or a general
ophthalmic services contract”.
35
12
In section 38(1) (arrangements for general ophthalmic services)—
(a)
omit “of every Primary Care Trust and”,
(b)
for “ophthalmic opticians” substitute “optometrists”.
13    (1)
Section 39 (regulations as to section 38) is amended as follows.
      (2)
In subsection (1)(a) omit “by each Primary Care Trust and”.
40
      (3)
In subsection (1)(a) and (d) for “ophthalmic opticians” substitute
“optometrists”.

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Schedule 8 — Minor and consequential amendments
80

      (4)
In subsections (1)(b) and (c) and (2)(a) for “ophthalmic optician” substitute
“optometrist”.
      (5)
In subsections (1) and (2) omit “Primary Care Trust or” in each place where
it occurs.
      (6)
In subsection (3) omit “Primary Care Trust or” and “of the Primary Care
5
Trust or”.
14
In section 41(3)(d) (arrangements for pharmaceutical services) for
“ophthalmic opticians” substitute “optometrists”.
15
In section 43D(1) (supplementary lists) at the end add “(but in relation to
general ophthalmic services this subsection has effect with the omission of
10
the references to Primary Care Trusts)”.
16
In section 44(B2) (recognition of Local Optical Committees and Local
Pharmaceutical Committees)—
(a)
omit paragraph (a),
(b)
omit “the Local Optical Committee or”,
15
(c)
omit “, as the case may be,”.
17    (1)
Section 45A (Local Medical Committees) is amended as follows.
      (2)
In subsection (3), omit “and” at the end of paragraph (a) and after that
paragraph insert—
“(aa)
every medical practitioner who, under a general ophthalmic
20
services contract entered into by him, is providing primary
ophthalmic services in the area for which the committee is
formed; and”.
      (3)
For subsection (4)(a) substitute—
“(a)
who is performing primary medical services or primary
25
ophthalmic services in the area for which the committee is
formed—
(i)
pursuant to section 16CC(2)(a) or 16CD(4)(a) above
respectively;
(ii)
(in relation to primary medical services) in
30
accordance with section 28C arrangements; or
(iii)
under a general medical services contract or a general
ophthalmic services contract, as the case may be;
and”.
18
In section 49F(1)(d) (disqualification of practitioners) for “ophthalmic
35
opticians” substitute “optometrists”.
19
In section 49H(1)(a) and (b) (fraud and unsuitability: supplementary) for
“ophthalmic optician” substitute “optometrist”.
20
In section 49N(4)(b) (national disqualification) omit “(or, in the case of a
medical list, to nominate or approve him for inclusion in it)”.
40
21
In section 72(5) (permission for use of facilities in private practice)—
(a)
in paragraph (a) for “ophthalmic opticians” substitute
“optometrists”,
(b)
in paragraph (d)—

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Schedule 8 — Minor and consequential amendments
81

(i)
for “or primary dental services” substitute “, primary dental
services or primary ophthalmic services”,
(ii)
for “or a general dental services contract” substitute “, a
general dental services contract or a general ophthalmic
services contract”.
5
22
In section 103(1)(a) (special arrangements as to payment of remuneration)
for “or primary dental services” substitute “, primary dental services or
primary ophthalmic services”.
23
In section 126(4) (orders and regulations, and directions) for “or 28U”
substitute “, 28U or 28WD”.
10
24
In section 128(1) (interpretation and construction)—
(a)
at the appropriate place insert—
““financial year” means a period of 12 months ending with 31st
March in any year;”,
(b)
in the definition of “ophthalmic optician”, for ““ophthalmic
15
optician”” substitute ““optometrist””.
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.
20
Dentists Act 1984 (c. 24)
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.
25
Opticians Act 1989 (c. 21)
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
30
(provision of certain services under NHS contracts) is amended as follows.
      (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
35
contract, or”,
(b)
at the end add “other than under section 16CD of that Act”.

Health Bill
Schedule 8 — Minor and consequential amendments
82

      (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;”.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
5
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”,
(b)
at the end of paragraph (b) add “or under a contract under section
10
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.
Health Service Commissioners Act 1993 (c. 46)
15
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”,
(b)
in paragraph (b), omit “general ophthalmic services or”.
20
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.
National Health Service (Residual Liabilities) Act 1996 (c. 15)
25
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
(b)
after “all of its liabilities” insert “(other than any criminal liabilities)”.
30
      (3)
In subsection (2)—
(a)
for paragraph (c) substitute—
“(c)
a Local Health Board;”, and
(b)
after paragraph (dd) insert “; or
“(de)
an NHS foundation trust.”
35
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”.

Health Bill
Schedule 8 — Minor and consequential amendments
83

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 “subsection (2), or (2B) of section 98 of” substitute
5
“paragraph 4(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
meaning of Schedule 12B to the National Health Service Act
10
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.
      (2)
Omit paragraph 1(g).
      (3)
For paragraph 1A substitute—
15
“1A
Section 2 also applies to annual accounts of health service bodies
prepared under paragraph 4(1) of Schedule 12B to the National
Health Service Act 1977.”
      (4)
Omit paragraph 1C.
Government of Wales Act 1998 (c. 38)
20
42
In section 144(2) of the Government of Wales Act 1998 (accounts, audit and
reports) for “the accounts kept in pursuance of section 98(1) of the National
Health Service Act 1977 (accounts and audit of NHS bodies)” substitute “any
accounts kept or prepared in pursuance of paragraph 3 or 4 of Schedule 12B
to the National Health Service Act 1977 (requirement for Welsh NHS bodies
25
to keep accounts or prepare annual accounts)”.
Government Resources and Accounts Act 2000 (c. 20)
43    (1)
Section 14 of the Government Resources and Accounts Act 2000
(summarised accounts) is amended as follows.
      (2)
In subsection (1) for “section 98(4) of” substitute “paragraph 8 or 9 of
30
Schedule 12B to”.
      (3)
In subsection (3) after “subsection (1)” insert “in respect of an English NHS
body”.
      (4)
For subsection (4) substitute—
“(4)
Before making an order under that subsection in respect of a Welsh
35
NHS body the Treasury shall consult—
(a)
the National Assembly for Wales, and
(b)
the Auditor General for Wales.”