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into force immediately after, and to the extent that, the provision which is re- |
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enacted comes into force. |
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(5) | Accordingly, the re-enactment by this Act of the provision does not affect any |
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power to bring the provision into force. |
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278 | Short title, extent and application |
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(1) | This Act may be cited as the National Health Service Act 2006. |
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(2) | Subject to this section, this Act extends to England and Wales only. |
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(3) | Sections 261 to 266 in Part 13 (price of medical supplies) extend also to Scotland |
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(4) | The Secretary of State may by order provide that this Act, in its application to |
| 10 |
the Isles of Scilly, has effect with such modifications as may be specified in the |
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Further provision about the Secretary of State and services under this Act |
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Medical inspection of pupils |
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1 | The Secretary of State must provide for the medical inspection at |
| 5 |
appropriate intervals of pupils in attendance at schools maintained by local |
| |
education authorities and for the medical treatment of such pupils. |
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2 (1) | The Secretary of State may, by arrangement with any local education |
| |
authority, provide for any medical inspection or treatment of— |
| |
(a) | senior pupils in attendance at any educational establishment, |
| 10 |
other than a school, which is maintained by the authority and at |
| |
which full-time further education is provided, or |
| |
(b) | any child or young person who, in pursuance of section 19 or 319 of |
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the Education Act 1996 (c. 56), is receiving primary or secondary |
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education otherwise than at a school. |
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(2) | The Secretary of State may, by arrangement with the proprietor of any |
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educational establishment which is not maintained by a local education |
| |
authority, provide for any medical inspection or treatment of junior or |
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senior pupils in attendance at the establishment. |
| |
(3) | Sub-paragraphs (1) and (2) do not affect the Secretary of State’s powers apart |
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from those sub-paragraphs. |
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3 | An arrangement under paragraph 2(1)(b) may provide for payments by the |
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4 | A local education authority may not make an arrangement under paragraph |
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2(1)(a) unless the governing body of the educational establishment agrees to |
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5 (1) | Sub-paragraph (2) applies to— |
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(a) | each local education authority, in respect of the schools which it |
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maintains (other than foundation, voluntary or foundation special |
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(b) | each governing body of a foundation, voluntary or foundation |
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special school, in respect of the school. |
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(2) | The local education authority or governing body must make available to the |
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Secretary of State such accommodation as is appropriate for the purpose of |
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assisting him to make provision under paragraph 1 in relation to the pupils |
| 35 |
in attendance at the schools or school in question. |
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|
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6 | In paragraphs 1 to 5 any expression to which a meaning is given for the |
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purposes of the Education Act 1996 (c. 56) or the School Standards and |
| |
Framework Act 1998 (c. 31) has that meaning. |
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7 | Any charge made under regulations under this Act in respect of the supply |
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of drugs, medicines or appliances must be disregarded for the purposes of |
| 5 |
| |
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8 | The Secretary of State must arrange, to such extent as he considers necessary |
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to meet all reasonable requirements, for— |
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(a) | the giving of advice on contraception, |
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(b) | the medical examination of persons seeking advice on contraception, |
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(c) | the treatment of such persons, and |
| |
(d) | the supply of contraceptive substances and appliances. |
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Provision of vehicles for disabled persons |
| |
9 | The Secretary of State may provide vehicles (including wheelchairs) for |
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persons appearing to him to be persons who have a physical impairment |
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which has a substantial and long-term adverse effect on their ability to carry |
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out normal day-to-day activities. |
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10 (1) | Sub-paragraphs (2) and (3) apply in respect of— |
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(a) | a vehicle provided under paragraph 9, and |
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(b) | a vehicle belonging to a person mentioned in that paragraph. |
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(2) | The Secretary of State may— |
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(a) | adapt the vehicle to make it suitable for the circumstances of the |
| |
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(b) | maintain and repair the vehicle, |
| 25 |
(c) | take out insurance policies relating to the vehicle and pay any duty |
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with which the vehicle is chargeable under the Vehicle Excise and |
| |
Registration Act 1994 (c. 22), |
| |
(d) | provide a structure in which the vehicle may be kept, and provide all |
| |
material and execute all works necessary to erect the structure. |
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(3) | The Secretary of State may make payments by way of grant towards costs |
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incurred by a person mentioned in paragraph 9 in respect of any matter |
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mentioned in sub-paragraph (4) in relation to the vehicle. |
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(a) | the taking of action referred to in sub-paragraph (2), |
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(b) | the purchase of fuel for the purposes of the vehicle, so far as the |
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cost of the purchase is attributable to duties of excise payable in |
| |
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(c) | the taking of instruction in the driving of the vehicle. |
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(5) | The powers under sub-paragraph (2) and sub-paragraph (3) may be |
| 40 |
exercised on such terms and subject to such conditions as the Secretary of |
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|
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11 | Regulations may provide for any incidental or supplementary matter for |
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which it appears to the Secretary of State necessary or expedient to provide |
| |
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(a) | the taking of action under paragraph 10(2), or |
| |
(b) | the making of any payment under paragraph 10(3). |
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Provision of a microbiological service by the Secretary of State |
| |
12 (1) | The Secretary of State may— |
| |
(a) | provide a microbiological service for the control of the spread of |
| |
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(b) | carry on such other activities as in his opinion can conveniently be |
| 10 |
carried on in conjunction with that service. |
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(2) | The service may include the provision of laboratories. |
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(3) | Charges may be made for services or materials supplied. |
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(4) | A power under this paragraph may be exercised both for the purposes of the |
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health service and for other purposes. |
| 15 |
Powers of the Secretary of State in relation to research |
| |
13 (1) | The Secretary of State may conduct research, or may assist any person to |
| |
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(a) | any matters relating to the causation, prevention, diagnosis or |
| |
treatment of illness, and |
| 20 |
(b) | any such other matters connected with any service provided under |
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this Act as the Secretary of State considers appropriate. |
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(2) | Assistance may be given by grants or otherwise. |
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Strategic Health Authorities |
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1 | Each Strategic Health Authority is a body corporate. |
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2 (1) | The Secretary of State may pay to— |
| |
(a) | the chairman of a Strategic Health Authority, and |
| 30 |
(b) | any member of a Strategic Health Authority who is appointed by the |
| |
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| such remuneration as he may determine with the approval of the Treasury. |
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(2) | The Secretary of State may provide as he may determine with the approval |
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of the Treasury for the payment of a pension, allowance or gratuity to or in |
| 35 |
respect of the chairman of a Strategic Health Authority. |
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(3) | Where a person ceases to be chairman of a Strategic Health Authority, and it |
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appears to the Secretary of State that there are special circumstances which |
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|
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make it right for that person to receive compensation, the Secretary of State |
| |
may make him a payment of such amount as the Secretary of State may |
| |
determine with the approval of the Treasury. |
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(4) | The Secretary of State may pay to a member of a Strategic Health Authority, |
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or of a committee or sub-committee of, or joint committee or joint sub- |
| 5 |
committee including, a Strategic Health Authority, such travelling and other |
| |
allowances (including attendance allowance or compensation for the loss of |
| |
remunerative time) as he may determine with the approval of the Treasury. |
| |
(5) | Allowances may not be paid under sub-paragraph (4) except in connection |
| |
with the exercise, in such circumstances as the Secretary of State may |
| 10 |
determine with the approval of the Treasury, of such functions as he may so |
| |
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(6) | Payments under this paragraph must be made at such times, and in such |
| |
manner and subject to such conditions, as the Secretary of State may |
| |
determine with the approval of the Treasury. |
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Membership of Strategic Health Authorities |
| |
3 | A Strategic Health Authority consists of— |
| |
(a) | a chairman appointed by the Secretary of State, |
| |
(b) | not more than a prescribed number of persons (not being officers of |
| |
the Strategic Health Authority) appointed by the Secretary of State, |
| 20 |
| |
(c) | a prescribed number of officers of the Strategic Health Authority. |
| |
4 | Regulations may provide that all or any of the persons appointed as |
| |
members of a Strategic Health Authority under paragraph 3(b)— |
| |
(a) | must hold posts of a prescribed description, or |
| 25 |
(b) | must fulfil any other prescribed conditions. |
| |
5 | Regulations must provide that each of the persons who is a member of a |
| |
Strategic Health Authority under paragraph 3(c) must either— |
| |
(a) | hold an office of the Strategic Health Authority of a prescribed |
| |
| 30 |
(b) | be appointed by the chairman of the Strategic Health Authority and |
| |
the persons appointed as members of the Strategic Health Authority |
| |
| |
6 | Regulations may provide for a person of a prescribed description who is not |
| |
an officer of a Strategic Health Authority to be treated for the purposes of |
| 35 |
this Schedule, and any other prescribed provision relating to members of (or |
| |
of committees or sub-committees of) Strategic Health Authorities, as if he |
| |
| |
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7 (1) | A Strategic Health Authority may employ such officers as it may determine. |
| 40 |
(2) | A Strategic Health Authority may— |
| |
(a) | pay its officers such remuneration and allowances, and |
| |
(b) | employ them on such other terms and conditions, |
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|
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(3) | A Strategic Health Authority must, in exercising its powers under sub- |
| |
paragraph (1) or (2), act in accordance with regulations and any directions |
| |
given by the Secretary of State. |
| |
(4) | Regulations and directions under sub-paragraph (3) may make provision |
| |
with respect to any matter connected with the employment by a Strategic |
| 5 |
Health Authority of its officers, including in particular provision— |
| |
(a) | with respect to the qualifications of persons who may be employed |
| |
as officers of a Strategic Health Authority, |
| |
(b) | requiring a Strategic Health Authority to employ a chief officer and |
| |
officers of such other descriptions as may be prescribed and to |
| 10 |
employ, for the purpose of performing prescribed functions of the |
| |
Strategic Health Authority or any other body, officers having |
| |
prescribed qualifications or experience, and |
| |
(c) | as to the manner in which any officers of a Strategic Health Authority |
| |
| 15 |
(5) | A direction under sub-paragraph (3) may relate to a particular officer or |
| |
class of officer specified in the direction. |
| |
(6) | Regulations and directions under sub-paragraph (3) may provide for |
| |
approvals or determinations to have effect from a date specified in them. |
| |
(7) | The date may be before or after the date of giving the approvals or making |
| 20 |
the determinations but may not be before if it would be to the detriment of |
| |
the officers to whom the approvals or determinations relate. |
| |
(8) | Regulations may provide for the transfer of officers from one Strategic |
| |
Health Authority to another Strategic Health Authority or to a Special |
| |
Health Authority, and for arrangements under which the services of an |
| 25 |
officer of a Strategic Health Authority are placed at the disposal of another |
| |
Strategic Health Authority, a Special Health Authority or a local authority. |
| |
(9) | Sub-paragraph (11) applies where the registration of a dental practitioner in |
| |
the dentists register is suspended— |
| |
(a) | by an interim suspension order under section 32 of the Dentists Act |
| 30 |
1984 (c. 24) (interim orders), or |
| |
(b) | by a direction or an order of the Health Committee, the Professional |
| |
Performance Committee or the Professional Conduct Committee of |
| |
the General Dental Council under any of sections 27B, 27C or 30 of |
| |
that Act following a relevant determination that that practitioner’s |
| 35 |
fitness to practise is impaired. |
| |
(10) | For the purposes of sub-paragraph (9), a “relevant determination” that a |
| |
practitioner’s fitness to practice is impaired is a determination which is |
| |
| |
(a) | the ground mentioned in paragraph (b) of subsection (2) of section 27 |
| 40 |
of the Dentists Act 1984 (deficient professional performance), |
| |
(b) | the ground mentioned in paragraph (c) of that subsection (adverse |
| |
physical or mental health), or |
| |
| |
(11) | The suspension does not terminate any contract of employment made |
| 45 |
between the dental practitioner and a Strategic Health Authority, but a |
| |
person whose registration is so suspended must not perform any duties |
| |
under a contract made between him and a Strategic Health Authority which |
| |
| |
| |
|
| |
| |
involves the practice of dentistry within the meaning of the Dentists Act |
| |
| |
(12) | Directions may be given— |
| |
(a) | by the Secretary of State to a Strategic Health Authority to place the |
| |
services of any of its officers at the disposal of another Strategic |
| 5 |
Health Authority or of a Special Health Authority, |
| |
(b) | by the Secretary of State to any Strategic Health Authority to employ |
| |
as an officer of the Strategic Health Authority any person who is or |
| |
was employed by another Strategic Health Authority or by a Special |
| |
Health Authority and is specified in the direction. |
| 10 |
(13) | Regulations made in pursuance of this paragraph may not require that all |
| |
consultants employed by a Strategic Health Authority must be so employed |
| |
| |
8 (1) | The Secretary of State must, before he makes regulations under paragraph 7, |
| |
consult such bodies as he may recognise as representing persons who, in his |
| 15 |
opinion, are likely to be affected by the regulations. |
| |
(2) | The Secretary of State must, before he gives directions to a Strategic Health |
| |
Authority under paragraph 7(12) in respect of any officer of a Strategic |
| |
| |
(a) | consult the officer about the directions, |
| 20 |
(b) | satisfy himself that the Strategic Health Authority of which he is an |
| |
officer has consulted the officer about the placing or employment in |
| |
| |
(c) | in the case of a direction under paragraph 7(12)(a), consult with |
| |
respect to the directions such body as he may recognise as |
| 25 |
representing the officer. |
| |
(3) | But if the Secretary of State— |
| |
(a) | considers it necessary to give directions under paragraph 7(12)(a) for |
| |
the purpose of dealing temporarily with an emergency, and |
| |
(b) | has previously consulted bodies recognised by him as |
| 30 |
representing the relevant officers about the giving of directions for |
| |
| |
| the Secretary of State may disregard sub-paragraph (2) in relation to the |
| |
| |
| 35 |
9 | Provision may be made by regulations as to— |
| |
(a) | the appointment and tenure of office of the chairman, vice-chairman |
| |
and members of a Strategic Health Authority, |
| |
(b) | the appointment and tenure of office of any members of a committee |
| |
or sub-committee of a Strategic Health Authority who are not |
| 40 |
members of the Strategic Health Authority, |
| |
(c) | the appointment and tenure of office of any members of a joint |
| |
committee or joint sub-committee including a Strategic Health |
| |
Authority who are not members of the Strategic Health Authority, |
| |
(d) | the circumstances in which a member of a Strategic Health Authority |
| 45 |
who is (or must be regarded as) an officer of the Strategic Health |
| |
Authority may be suspended from performing his functions as a |
| |
| |
| |
| |
|
