|
| |
|
(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 |
| |
| |
271 | Territorial limit of exercise of functions |
| |
(1) | The functions of a Minister of the Crown under this Act are exercisable only in |
| |
| 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 |
| |
(b) | Chapter 5 of Part 1 (NHS foundation trusts), |
| |
| |
(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 |
| |
| |
(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— |
| |
| |
(b) | section 95(1) or 110(1), |
| |
| 40 |
(d) | paragraph 22, 23, 24 or 26 of Schedule 3, |
| |
(e) | paragraph 9, 27 or 29 of Schedule 4, or |
| |
|
| |
|
| |
|
(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 |
| |
| |
(5) | Subsection (4) does not apply to a statutory instrument containing a PCT order, |
| 5 |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(b) | to provide for a person to exercise a discretion in dealing with any |
| 40 |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
| |
(i) | any other direction under section 7, or |
| |
| 15 |
| |
| by regulations or an instrument in writing. |
| |
(5) | Subsection (4) does not apply to a direction under section 88 (as to which, see |
| |
| |
274 | Supplementary regulatory powers |
| 20 |
Regulations may provide for— |
| |
(a) | prescribing the forms and manner of service of notices and other |
| |
| |
(b) | prescribing the manner in which documents may be executed or |
| |
| 25 |
(c) | exempting judges and justices of the peace from disqualification by |
| |
their liability to rates. |
| |
| |
(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 |
| |
“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 |
| |
“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, |
| |
|
| |
|
| |
|
| |
(a) | any institution for the reception and treatment of persons |
| |
| |
(b) | any maternity home, and |
| |
(c) | any institution for the reception and treatment of persons |
| 5 |
during convalescence or persons requiring medical |
| |
| |
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 |
| |
“local education authority” has the same meaning as in the Education Act |
| |
| |
“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 |
| |
| 40 |
“prescribed” means prescribed by regulations made by the Secretary of |
| |
| |
“property” includes rights, |
| |
“registered pharmacist” means a pharmacist registered in the register of |
| |
| 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, |
| |
|
| |
|
| |
|
“voluntary organisation” means a body the activities of which are carried |
| |
on otherwise than for profit, but does not include any public or local |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| body established under this Act |
| | | | | commissioner, in relation to an |
| | | 20 | | | | | | | contractor, in relation to a |
| | | | | general dental services contract |
| | | | | contractor, in relation to a |
| | | | | | | | 25 | | | | | | | contractor, in relation to a |
| | | | | general ophthalmic services |
| | | | | | | | | | | | | 30 | | general dental services contract |
| | | | | | | | | | | | | | | general ophthalmic services |
| | | | | | | | 35 | | | | | | | | paragraph 1(2) of Schedule 12 |
| | | | | | | | | | | | |
|
|
| |
|
| |
|
| | | | | | | | | | | | | | | | | | | | | | | | 5 | | | | | | | | | | | | | | | | | primary ophthalmic services |
| | | | | provider, in relation to an NHS |
| | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | 15 | | | | | | | | | | | | | | | | | | | | | | | | | 20 |
|
|
| |
(1) | Subject to this section, this Act comes into force on 1st March 2007. |
| |
| |
“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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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— |
| |
| 20 |
(ii) | section 4A of the National Health Service and Community Care |
| |
| |
(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 |
| |
| |
(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, |
| |
| |
(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. |
| |
| 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 |
| |
| |
| 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 |
|
| |
|