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Make provision for repeals, revocations, consequential amendments, |
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transitional and transitory modifications and savings in connection with the |
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consolidation of enactments in the National Health Service Act 2006 and the |
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National Health Service (Wales) Act 2006. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Meaning of “the consolidating Acts” |
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In this Act “the consolidating Acts” means— |
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(a) | the National Health Service Act 2006 (c. 00), |
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(b) | the National Health Service (Wales) Act 2006, and |
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(c) | this Act, to the extent that it reproduces the effect of provisions repealed |
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2 | Consequential amendments |
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Schedule 1 makes amendments consequential on the provisions of the |
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3 | National Assembly for Wales (Transfer of Functions Order) 1999 |
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(1) | In Schedule 1 to the National Assembly for Wales (Transfer of Functions) |
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Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this |
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Act is a reference to the Act as amended. |
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(2) | For that purpose, and so far as the context requires, a reference in such an Act |
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as amended by this Act to the National Health Service Act 2006 includes a |
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reference to the National Health Service (Wales) Act 2006. |
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(3) | This section does not affect the power to make further Orders varying or |
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omitting any reference in the National Assembly for Wales (Transfer of |
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4 | Transitional and saving provision |
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Schedule 2 makes transitional and saving provision. |
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5 | Transitory modifications |
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Schedule 3 makes transitory modifications. |
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6 | Repeals and revocations |
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Schedule 4 makes repeals and revocations. |
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(1) | Subject to this section, this Act extends to England and Wales only. |
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(2) | The amendment, repeal or revocation of any provision by this Act has the same |
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extent as the provision being amended, repealed or revoked. |
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(a) | section 57 of, and Schedule 11 to, the National Health Service Act 1977 |
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(b) | sections 126 and 128 of that Act to the extent that they apply in relation |
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to the provisions mentioned in paragraph (a), and |
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(c) | section 1 of the National Health Service (Private Finance) Act 1997 |
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| extends to England and Wales only. |
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(4) | The Secretary of State may by order provide that this Act, in its application to |
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the Isles of Scilly, has effect with such modifications as may be specified in the |
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(5) | An order under subsection (4) has effect as if made under the National Health |
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Service Act 2006 (c. 00) (and accordingly, sections 272 and 273 of that Act apply |
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8 | Short title and commencement |
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(1) | This Act may be cited as the National Health Service (Consequential |
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(2) | Subject to this section, this Act comes into force on 1st March 2007. |
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“the 1977 Act” means the National Health Service Act 1977, and |
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“the 2006 Act” means the Health Act 2006. |
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(4) | Subsection (5) applies to— |
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(a) | sections 33 and 35 to 38 of the Health Act 1999 (c. 8), |
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(b) | subsections (1) and (2) of section 40 of the Health and Social Care Act |
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2001 (c. 15) and section 28J of, and Schedule 8A to, the 1977 Act as |
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inserted by those subsections, |
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(c) | subsection (7) of section 45 of the Nationality, Immigration and Asylum |
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Act 2002 (c. 41) and paragraph 2(2B) of Schedule 8 to the 1977 Act as |
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inserted by that subsection, |
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(d) | section 21 of the Health and Social Care (Community Health and |
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Standards) Act 2003 (c. 43), |
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(e) | paragraph 74 of Schedule 25 to the Criminal Justice Act 2003 (c. 44), |
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(f) | paragraph 3 of the Schedule to the Smoking, Health and Social Care |
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(Scotland) Act 2005 (Consequential Modifications) (England, Wales |
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and Northern Ireland) Order 2006 (S.I. 2006/1056) and section 41B(2) |
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and (6)(b) of the 1977 Act as amended by that paragraph, |
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(g) | sub-paragraphs (a) and (b) of paragraph 5 of that Schedule and section |
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4A(1) and (3) of the National Health Service and Community Care Act |
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1990 (c. 19) as amended by those sub-paragraphs, |
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(h) | sub-paragraph (c) of paragraph 5 of that Schedule and section 4A(4) of |
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the National Health Service and Community Care Act 1990 as added by |
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(i) | section 34 of the 2006 Act, and sections 42A and 42B of the 1977 Act as |
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inserted by that section, |
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(j) | section 35 of the 2006 Act, and subsections (2B) and (2C) of section 42 of |
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the 1977 Act as inserted by that section, |
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(k) | subsection (1) of section 36 of the 2006 Act, and section 43(2) of the 1977 |
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Act as substituted by that subsection, |
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(l) | sections 37 to 41 of, and paragraphs 7 to 9, 11, 12(a), 13(2), (5) and (6), |
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15, 16, 17, 21(b), 22, 29, 46 and 50 of Schedule 8 to, the 2006 Act, and— |
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(ii) | section 4A of the National Health Service and Community Care |
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(iii) | Schedule 1 to the Health and Social Care Act 2001 (c. 15), and |
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(iv) | section 17(1) of the National Health Service Reform and Health |
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Care Professions Act 2002 (c. 17), |
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| to the extent that a provision mentioned in any of sub-paragraphs (i) to |
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(iv), as amended by any of those provisions of the 2006 Act, relates to |
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primary ophthalmic services, |
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(m) | subsection (2) of section 42 of the 2006 Act, and paragraph 2A(1)(b) and |
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(ba) of Schedule 12 to the 1977 Act as substituted by that subsection, |
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(n) | subsection (3) of section 42 of the 2006 Act, and paragraph 2B of |
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Schedule 12 to the 1977 Act as inserted by that subsection, |
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(o) | sections 44 to 55 of the 2006 Act, and section 78(3) of that Act so far as |
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relating to those sections, |
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(p) | section 56 of, and paragraph 24(a) of Schedule 8 to, that Act and— |
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(i) | section 98 of the 1977 Act as substituted by section 56 of that Act, |
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(ii) | Schedule 12B to the 1977 Act as inserted by that section, and |
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(q) | paragraphs 10, 12(b), 13(3) and (4), 14, 18, 19, 21(a), 24(b) and 25 of |
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Schedule 8 to the 2006 Act and the 1977 Act as amended by those |
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(a) | this Act repeals or revokes a provision to which this subsection applies, |
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(b) | the provision has not come into force before the commencement of this |
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| the repeal or revocation by this Act does not come into force until the provision |
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which is repealed or revoked comes into force; and the repeal or revocation |
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