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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

 
 

National Health Service Bill [HL]
Part 14 — Supplementary

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]
Part 14 — Supplementary

172

 

(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,

 
 

National Health Service Bill [HL]
Part 14 — Supplementary

173

 

“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,

 
 

National Health Service Bill [HL]
Part 14 — Supplementary

174

 

“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)

 
 
 

National Health Service Bill [HL]
Part 14 — Supplementary

175

 
 

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]
Part 14 — Supplementary

176

 

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

 
 

 
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