National Health Service Bill [HL]

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Session 2005 - 06
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National Health Service Bill [HL]

National Health Service Bill [HL]
Part 14 — Supplementary
170

(b)
entered in the Adopted Children Register maintained by the
Registrar General under the Adoption and Children Act 2002 (c. 38), or
(c)
which is kept by the Registrar General under any other enactment and
relates to any birth or death.
(4)
“Enactment” includes an enactment contained in subordinate legislation.
5
Part 14
Supplementary
271
Territorial limit of exercise of functions
(1)
The functions of a Minister of the Crown under this Act are exercisable only in
relation to England.
10
(2)
“Minister of the Crown” includes the Treasury.
(3)
Subsection (1) does not apply in relation to—
(a)
section 8(1) (directions to health service bodies) to such extent as it
allows directions to be given in respect of matters concerning
xenotransplantation, surrogacy agreements, embryology or human
15
genetics,
(b)
Chapter 5 of Part 1 (NHS foundation trusts),
(c)
Part 8 (the FHSAA),
(d)
section 235 (superannuation of officers of certain hospitals),
(e)
Chapter 1 of Part 12 (Patients’ Forums),
20
(f)
section 243 (Commission for Patient and Public Involvement in
Health),
(g)
sections 251 (control of patient information) and 252 Patient
Information Advisory Group),
(h)
Schedule 21 (prohibition as to the sale of medical practices),
25
(i)
section 260 and Schedule 22 (control of maximum price of medical
supplies other than health service medicines) and sections 261 to 266
(control of prices of medicines and profits),

and section 272(7) and (8), to the extent that they apply in relation to a
provision mentioned in any of paragraphs (a) to (i).
30
272
Orders, regulations, rules and directions
(1)
This section does not apply to—
(a)
Chapter 5 of Part 2 (as to which, see section 64), and
(b)
Part 10 (as to which, see section 209).
(2)
Subject to subsection (3), any power under this Act to make an order, rules or
35
regulations is exercisable by statutory instrument.
(3)
Subsection (2) does not apply to an order under—
(a)
section 66(2),
(b)
section 95(1) or 110(1),
(c)
section 211(4),
40
(d)
paragraph 22, 23, 24 or 26 of Schedule 3,
(e)
paragraph 9, 27 or 29 of Schedule 4, or

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171

(f)
paragraph 2 of Schedule 18.
(4)
Subject to subsections (5) and (6), a statutory instrument made by virtue of this
Act is subject to annulment in pursuance of a resolution of either House of
Parliament.
(5)
Subsection (4) does not apply to a statutory instrument containing a PCT order,
5
or an order under—
(a)
section 25,
(b)
Schedule 4, or
(c)
paragraph 1(1) of Schedule 5.
(6)
A statutory instrument containing—
10
(a)
regulations under section 251, except where they are made by virtue of
subsection (5)(b) of that section,
(b)
an order under section 265(10), or
(c)
an order under section 193(4),

may not be made unless a draft of the instrument has been laid before, and
15
approved by resolution of, each House of Parliament.
(7)
Any power under this Act to make orders, rules, regulations or schemes, and
any power to give directions—
(a)
may be exercised either in relation to all cases to which the power
extends, or in relation to those cases subject to specified exceptions, or
20
in relation to any specified cases or classes of case,
(b)
may be exercised so as to make, as respects the cases in relation to
which it is exercised—
(i)
the full provision to which the power extends or any less
provision (whether by way of exception or otherwise),
25
(ii)
the same provision for all cases in relation to which the power
is exercised, or different provision for different cases or
different classes of case, or different provision as respects the
same case or class of case for different purposes of this Act,
(iii)
any such provision either unconditionally or subject to any
30
specified condition, and
(c)
may, in particular, except where the power is a power to make rules,
make different provision for different areas.
(8)
Any such power includes power—
(a)
to make such incidental, supplementary, consequential, saving or
35
transitional provision (including, in the case of a power to make an
order or regulations, provision amending, repealing or revoking
enactments) as the person or body exercising the power considers to be
expedient, and
(b)
to provide for a person to exercise a discretion in dealing with any
40
matter.
(9)
Subsections (7) and (8) do not apply to an order under section 260 (but this does
not affect subsection (1) of that section).
273
Further provision about orders and directions under this Act
(1)
Where under or by virtue of any provision of this Act—
45
(a)
an order may be made, or

National Health Service Bill [HL]
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(b)
directions may be given,

that provision includes power to vary or revoke the order or directions by
subsequent order or by subsequent directions.
(2)
Subsection (1) does not affect section 14(b) of the Interpretation Act 1978 (c. 30).
(3)
A direction under this Act by a Strategic Health Authority must be given by an
5
instrument in writing.
(4)
A direction under this Act by the Secretary of State must be given—
(a)
(subject to paragraphs (b) and (c)) by an instrument in writing,
(b)
in the case of a direction under—
(i)
section 7 about a function under section 4, 197 or 198, or
10
(ii)
section 199(2),

by regulations,
(c)
in the case of—
(i)
any other direction under section 7, or
(ii)
a direction under section 8, 15, 87, 94(4), 103, 109(4), 120 or
15
169(3),

by regulations or an instrument in writing.
(5)
Subsection (4) does not apply to a direction under section 88 (as to which, see
that section).
274
Supplementary regulatory powers
20
Regulations may provide for—
(a)
prescribing the forms and manner of service of notices and other
documents,
(b)
prescribing the manner in which documents may be executed or
proved,
25
(c)
exempting judges and justices of the peace from disqualification by
their liability to rates.
275
Interpretation
(1)
In this Act (except where the context otherwise requires)—
“dental practitioner” means a person registered in the dentists register
30
under the Dentists Act 1984 (c. 24),
“facilities” includes the provision of (or the use of) premises, goods,
materials, vehicles, plant or apparatus,
“the FHSAA” means the Family Health Services Appeal Authority,
“financial year” means a period of 12 months ending with 31st March in
35
any year,
“functions” includes powers and duties,
“goods” include accommodation,
“the health service” means the health service continued under section 1(1)
and under section 1(1) of the National Health Service (Wales) Act 2006
40
(c. 00),
“health service hospital” means a hospital vested in the Secretary of State
for the purposes of his functions under this Act or vested in a Primary
Care Trust, an NHS trust or an NHS foundation trust,

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“hospital” means—
(a)
any institution for the reception and treatment of persons
suffering from illness,
(b)
any maternity home, and
(c)
any institution for the reception and treatment of persons
5
during convalescence or persons requiring medical
rehabilitation,
and includes clinics, dispensaries and out-patient departments
maintained in connection with any such home or institution, and
“hospital accommodation” must be construed accordingly,
10
“illness” includes mental disorder within the meaning of the Mental
Health Act 1983 (c. 20) and any injury or disability requiring medical or
dental treatment or nursing,
“local authority” means a county council, a county borough council, a
district council, a London borough council, and the Common Council
15
of the City of London,
“local education authority” has the same meaning as in the Education Act
1996 (c. 56),
“Local Health Board” means a body established under section 11 of the
National Health Service (Wales) Act 2006 (c. 00),
20
“local pharmaceutical services” means such services as are prescribed
under section 134(7) or paragraph 1(7) of Schedule 12,
“local social services authority” means the council of a non-metropolitan
county, of a county borough or of a metropolitan district or London
borough, or the Common Council of the City of London,
25
“medical” includes surgical,
“medical practitioner” means a registered medical practitioner within the
meaning of Schedule 1 to the Interpretation Act 1978 (c. 30),
“medicine” includes such chemical re-agents as are included in a list
approved by the Secretary of State for the purposes of section 126,
30
“modifications” includes additions, omissions and amendments,
“NHS trust” includes an NHS trust established under the National Health
Service (Wales) Act 2006,
“officer” includes servant,
“optometrist” means a person registered in the register of optometrists
35
maintained under section 7 of the Opticians Act 1989 (c. 44) or a body
corporate registered in the register of bodies corporate maintained
under section 9 of that Act carrying on business as an optometrist,
“patient” includes a woman who is pregnant or breast-feeding or who has
recently given birth,
40
“prescribed” means prescribed by regulations made by the Secretary of
State,
“property” includes rights,
“registered pharmacist” means a pharmacist registered in the register of
pharmaceutical chemists,
45
“regulations” means regulations made by the Secretary of State,
“Special Health Authority” includes a Special Health Authority
established under the National Health Service (Wales) Act 2006,
“university” includes a university college,

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“voluntary organisation” means a body the activities of which are carried
on otherwise than for profit, but does not include any public or local
authority.
(2)
In this Act (except where the context otherwise requires) any reference to a
body established under this Act or the National Health Service (Wales) Act
5
2006 (c. 00) includes a reference to a body continued in existence by virtue of
this Act or that Act.
(3)
So far as is necessary or expedient in consequence of a direction under section
7 or 15 providing for the exercise by a Strategic Health Authority, Primary Care
Trust or Special Health Authority of a function exercisable by another person
10
or body, any reference in any enactment, instrument or other document to that
other person or body must be read as a reference to the Strategic Health
Authority, Primary Care Trust or Special Health Authority.
(4)
Any reference in this Act to the purposes of a hospital is a reference to its
general purposes and to any specific purpose.
15
276
Index of defined expressions
In this Act the following expressions are defined or otherwise explained by the
provisions indicated—

body established under this Act
section 275(2)

commissioner, in relation to an
section 9(1)

20

NHS contract

contractor, in relation to a
section 100(4)

general dental services contract

contractor, in relation to a
section 84(5)

general medical services

25

contract

contractor, in relation to a
section 117(5)

general ophthalmic services

contract

fraud case
section 151(3)

30

general dental services contract
section 100(2)

general medical services
section 84(2)

contract

general ophthalmic services
section 117(2)

contract

35

NHS body
section 28(6)

LPS scheme
paragraph 1(2) of Schedule 12

NHS contract
section 9(1)

NHS trust order
section 25(2)

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optical appliances
section 179(5)

PCT order
section 18(2)

pharmaceutical list
section 129(11)

pharmaceutical services
section 126(8)

pilot scheme
section 134(2)

5

practitioner
section 151(9)

primary dental services
section 99

primary medical services
section 83

primary ophthalmic services
section 115

provider, in relation to an NHS
section 9(1)

10

contract

purposes of a hospital
section 275(4)

the regulator
section 31(1)

relevant dental service
section 176(4)

section 92 arrangements
section 92(8)

15

section 107 arrangements
section 107(8)

special trustees
section 212(1)

supplementary list
section 149(2)

terms of service
section 148(7)

unsuitability case
section 151(4)

20

277
Commencement
(1)
Subject to this section, this Act comes into force on 1st March 2007.
(2)
In this section—
“the 1977 Act” means the National Health Service Act 1977 (c. 49), and
“the 2006 Act” means theHealth Act 2006 (c. 28).
25
(3)
Subsection (4) applies to—
(a)
sections 33 and 35 to 38 of the Health Act 1999 (c. 8) (see sections 261
and 263 to 266 of this Act),
(b)
subsection (7) of section 45 of the Nationality, Immigration and Asylum
Act 2002 (c. 41) and paragraph 2(2B) of Schedule 8 to the 1977 Act as
30
substituted by that subsection (see paragraph 2(7) of Schedule 20 to this
Act),
(c)
section 21 of the Health and Social Care (Community Health and
Standards) Act 2003 (c. 43) (see section 50 of this Act),
(d)
paragraph 3 of the Schedule to the Smoking, Health and Social Care
35
(Scotland) Act 2005 (Consequential Modifications) (England, Wales

National Health Service Bill [HL]
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and Northern Ireland) Order 2006 (S.I. 2006/1056) and section 41B(2)
and (6)(b) of the 1977 Act as amended by that paragraph (see section
128 of this Act),
(e)
sub-paragraphs (a) and (b) of paragraph 5 of that Schedule and section
4A(1) and (3) of the National Health Service and Community Care Act
5
1990 (c. 19) as amended by those sub-paragraphs (see section 11 of this
Act),
(f)
sub-paragraph (c) of paragraph 5 of that Schedule and section 4A(4) of
the National Health Service and Community Care Act 1990 as added by
that sub-paragraph (see section 11 of this Act),
10
(g)
section 34 of the 2006 Act, and section 42A of the 1977 Act as inserted
by that section (see section 131 of this Act),
(h)
section 35 of the 2006 Act, and subsections (2B) and (2C) of section 42 of
the 1977 Act as inserted by that section (see section 129 of this Act),
(i)
subsection (1) of section 36 of the 2006 Act, and section 43(2) of the 1977
15
Act as substituted by that subsection (see section 132 of this Act),
(j)
sections 37 to 41 of, and paragraphs 7 to 9, 11, 12(a), 13(2), (5) and (6),
15, 16, 17, 21(b), 22, 29, 46 and 50 of Schedule 8 to, the 2006 Act (which
relate to primary ophthalmic services) and—
(i)
the 1977 Act,
20
(ii)
section 4A of the National Health Service and Community Care
Act 1990,
(iii)
Schedule 1 to the Health and Social Care Act 2001 (c. 15), and
(iv)
section 17(1) of the National Health Service Reform and Health
Care Professions Act 2002 (c. 17),
25

to the extent that a provision mentioned in any of sub-paragraphs (i) to
(iv), as amended by any of those provisions of the 2006 Act, relates to
primary ophthalmic services,
(k)
subsection (2) of section 42 of the 2006 Act, and paragraph 2A(1)(b) and
(ba) of Schedule 12 to the 1977 Act as substituted by that subsection (see
30
section 180 of this Act),
(l)
subsection (3) of section 42 of the 2006 Act, and paragraph 2B of
Schedule 12 to the 1977 Act as inserted by that subsection (see section
181 of this Act),
(m)
sections 44 to 55 of the 2006 Act, and sections 76 to 78 of that Act so far
35
as relating to those sections (see Part 10 of this Act),
(n)
section 56 of, and paragraph 24(a) of Schedule 8 to, that Act and—
(i)
section 98 of the 1977 Act as substituted by section 56 of that Act,
and
(ii)
Schedule 12B to the 1977 Act as inserted by that section,
40

(see section 232 of, and Schedule 15 to, this Act), and
(o)
paragraphs 14, 24(b) and 25 of Schedule 8 to the 2006 Act (which relate
to the substitution of “optometrist” for “ophthalmic optician”) and the
1977 Act as amended by those paragraphs.
(4)
To the extent that—
45
(a)
this Act re-enacts a provision to which this subsection applies, and
(b)
the provision has not come into force before the commencement of this
Act,

the re-enactment by this Act of the provision does not come into force until the
provision which is re-enacted comes into force; and the re-enactment comes
50