Health Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Health Bill

Health Bill
Schedule 8 — Minor and consequential amendments
84

      (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)
5
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”,
10
(b)
in paragraph (b) for “or 28Q” substitute “, 28Q or 28WA”.
      (3)
In Part 6, at the appropriate place insert—
“The Appointments Commission.”
Nursing and Midwifery Order 2001 (S.I. 2002/253)
45
In Schedule 1 to the Nursing and Midwifery Order 2001 (the Nursing and
15
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
Council etc.) omit paragraph 16A.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
20
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)—
(a)
for the second paragraph (fa) substitute—
“(fb)
persons providing primary medical services, primary
25
dental services or primary ophthalmic services under
Part 1 of the 1977 Act,”,
(b)
in subsection (2), for “(1)(fa),” substitute “(1)(fb),”.
49
In Schedule 6 (the Commission for Patient and Public Involvement in
Health) omit paragraph 6.
30
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)
51
The 2003 Act has effect subject to the following amendments.
52
In section 7(5) (continuity of bodies which become NHS foundation trusts
35
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)

Health Bill
Schedule 8 — Minor and consequential amendments
85

substitute—
“(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
5
subsections (1) to (7), (9) and (10).
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.
10
      (2)
In sub-paragraph (1)—
(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
15
Assembly”.
      (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
20
(b)
for “Special Health Authority referred to in sub-paragraph (3)”
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
25
“Secretary of State”.
      (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.)
30
omit paragraph 4.
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
35
bodies) for “section 98(2) of the National Health Service Act 1977 (accounts
of NHS bodies)” substitute “paragraph 4(2) of Schedule 12B to the National
Health Service Act 1977 (preparation of annual accounts of Welsh NHS
bodies)”.

Health Bill
Schedule 9 — Repeals and revocations
86

Schedule 9
Section 77

Repeals and revocations

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

number

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

5

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

immediately preceding it.

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

1977 (c. 49)
services”.

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

10

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

and”.

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

15

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

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

In section 44(B2), paragraph (a); “the Local

Optical Committee or”; and “, as the case may

be,”.

20

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)”.

25

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)

30

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).

35

(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

40

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)

45

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

Act 1997 (c. 19)

Health Bill
Schedule 9 — Repeals and revocations
87

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

number

Audit Commission Act 1998
In Schedule 2, paragraphs 1(g) and 1C.

(c. 18)

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

5

In Schedule 4, paragraph 33.

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

(Supplementary,

Consequential etc.

Provisions) Order 2000 (S.I.

10

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)

15

National Health Service Reform
Section 35.

and Health Care Professions
In Schedule 1, paragraph 29.

Act 2002 (c. 17)
In Schedule 2, paragraphs 11, 12(3) and (4)(a).

In Schedule 5, paragraph 21.

In Schedule 6, paragraph 6.

20

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).

25

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.

30

Practice (Education, Training

and Qualifications) Order

2003 (S.I. 2003/1250)

Government Resources and
In Schedule 2, paragraph 1.

Accounts Act 2000 (Audit of

35

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).

40

(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)

45

Health Bill
Schedule 9 — Repeals and revocations
88

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

number

Regulatory Reform (National
Articles 2 and 4.

Health Service Charitable

and Non-Charitable Trust

5

Accounts and Audit) Order

2005 (S.I. 2005/1074)