National Health Service (Consequential Provisions) Bill [HL]

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Session 2005 - 06
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National Health Service (Consequential Provisions) Bill [HL]

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
12

(b)
in paragraph (c), for “section 16A of the National Health Service Act
1977” substitute “section 18 of the National Health Service Act 2006”,
and
(c)
in paragraph (d), for “section 16BA of that Act” substitute “section 11
of the National Health Service (Wales) Act 2006”.
5
61
In section 17(4), in the definition of “statutory undertakers”—
(a)
in paragraph (aa), for “Part I of the National Health Service and
Community Care Act 1990” substitute “section 25 of the National
Health Service Act 2006 or section 18 of the National Health Service
(Wales) Act 2006”, and
10
(b)
in paragraph (ad), for “section 16A of the National Health Service
Act 1977” substitute “section 18 of the National Health Service Act
2006”.
Mental Health Act 1983 (c. 20)
62
The Mental Health Act 1983 is amended as follows.
15
63
In section 12(3), for the words from “section 18A(4)” to “1990” substitute
“section 21(4) or 44(6) of the National Health Service Act 2006, paragraph 15
of Schedule 2 to, or paragraph 11 of Schedule 6 to, that Act, or paragraph 15
of Schedule 2 to, or paragraph 11 of Schedule 5 to, the National Health
Service (Wales) Act 2006”.
20
64
In section 19(3), for the words from “National Health Service Act 1977” to
“Part 1 of that Act” substitute “National Health Service Act 2006, in a
hospital vested in the Welsh Ministers for the purposes of their functions
under the National Health Service (Wales) Act 2006, in any accommodation
used under either of those Acts”.
25
65
In section 23(5)(a), for “the National Health Service Act 1977” substitute “the
National Health Service Act 2006 or the National Health Service (Wales) Act
2006”.
66
In section 121—
(a)
in subsection (1), for “section 126(3) of the National Health Service
30
Act 1977” substitute “section 273(1) of the National Health Service
Act 2006, or section 204(1) of the National Health Service (Wales) Act
2006”, and
(b)
in subsection (11), for “Paragraph 9 of Schedule 5 to the said Act of
1977” substitute “Paragraph 2 of Schedule 6 to the National Health
35
Service Act 2006, and paragraph 2 of Schedule 5 to the National
Health Service (Wales) Act 2006”.
67
In section 122(2)—
(a)
for “National Health Service Act 1977” substitute “National Health
Service Act 2006 and the National Health Service (Wales) Act 2006”,
40
and
(b)
for “that Act” substitute “either of those Acts”.
68
In section 134(3A), for “section 19A of the National Health Service Act 1977”
substitute “section 248 of the National Health Service Act 2006 or section 187
of the National Health Service (Wales) Act 2006”.
45

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
13

69
In section 139(4), for “the National Health Service and Community Care Act
1990” substitute “the National Health Service Act 2006 or the National
Health Service (Wales) Act 2006”.
70
In section 145(1)—
(a)
omit the definition of “Health Authority”,
5
(b)
in the definition of “high security psychiatric services” for “the
National Health Service Act 1977” substitute “section 4 of the
National Health Service Act 2006 or section 4 of the National Health
Service (Wales) Act 2006”,
(c)
in paragraph (a) of the definition of “hospital”, for “National Health
10
Service Act 1977” substitute “National Health Service Act 2006 or the
National Health Service (Wales) Act 2006”,
(d)
in paragraph (a) of the definition of “the managers”—
(i)
for “the National Health Service Act 1977” substitute “the
National Health Service Act 2006, or in the Welsh Ministers
15
for the purposes of their functions under the National Health
Service (Wales) Act 2006,” and
(ii)
for “that Act” substitute “the National Health Service Act
2006, or of the Welsh Ministers under the National Health
Service (Wales) Act 2006,”,
20
(e)
in the definition of “Primary Care Trust”, for “section 16A of the
National Health Service Act 1977” substitute “section 18 of the
National Health Service Act 2006”,
(f)
in the definition of “Special Health Authority”, for “section 11 of the
National Health Service Act 1977” substitute “section 28 of the
25
National Health Service Act 2006, or section 22 of the National
Health Service (Wales) Act 2006”, and
(g)
in the definition of “Strategic Health Authority” for “section 8 of the
National Health Service Act 1977” substitute “section 13 of the
National Health Service Act 2006”.
30
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
71
The Health and Social Services and Social Security Adjudications Act 1983 is
amended as follows.
72
In section 17(2)(c) for “Schedule 8 to the National Health Service Act 1977”
substitute “Schedule 20 to the National Health Service Act 2006 or Schedule
35
15 to the National Health Service (Wales) Act 2006”.
National Audit Act 1983 (c. 44)
73
The National Audit Act 1983 is amended as follows.
74
In section 6(3)(aa), for “section 98 of the National Health Service Act 1977”
substitute “Schedule 15 to the National Health Service Act 2006, Schedule 9
40
to the National Health Service (Wales) Act 2006”.
Medical Act 1983 (c. 54)
75
The Medical Act 1983 is amended as follows.

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
14

76
In section 11(4), in paragraph (za) of the definition of “medical practice”, for
“Part 1 of the National Health Service Act 1977” substitute “the National
Health Service Act 2006 or the National Health Service (Wales) Act 2006”.
77
In section 12—
(a)
in subsection (1), for “sections 2 and 3 of the National Health Service
5
Act 1977” substitute “sections 2 and 3 of the National Health Service
Act 2006, or sections 2 and 3 of the National Health Service (Wales)
Act 2006”, and
(b)
in subsection (2)(a), for “Part 1 of the National Health Service Act
1977” substitute “the National Health Service Act 2006, the National
10
Health Service (Wales) Act 2006,”.
Public Health (Control of Disease) Act 1984 (c. 22)
78
The Public Health (Control of Disease) Act 1984 is amended as follows.
79
In section 74, in the definition of “NHS trust”, for “Part 1 of the National
Health Service and Community Care Act 1990” substitute “the National
15
Health Service Act 2006”.
Dentists Act 1984 (c. 24)
80
The Dentists Act 1984 is amended as follows.
81
In section 40(2)(aa), for the words from “under section 28C” to the end
substitute “under section 92 of the National Health Service Act 2006 or under
20
a contract under section 100 of that Act, or under section 50 of the National
Health Service (Wales) Act 2006 or under a contract under section 57 of that
Act,”.
82
In section 53(3)(a), for “section 2, 3, 5(1)(a) or 28C of, or Schedule 1 to, the
National Health Service Act 1977” substitute “section 2, 3, 92 or 107 of, or
25
paragraphs 1 to 6 of Schedule 1 to, the National Health Service Act 2006, or
section 2, 3, 50 or 64 of, or paragraphs 1 to 6 of Schedule 1 to, the National
Health Service (Wales) Act 2006”.
Video Recordings Act 1984 (c. 39)
83
The Video Recordings Act 1984 is amended as follows.
30
84
In section 3(10)(b)(i), for “the National Health Service Act 1977” substitute
“the National Health Service Act 2006, the National Health Service (Wales)
Act 2006”.
Greater London Council (General Powers) Act 1984 (c. xxvii)
85
The Greater London Council (General Powers) Act 1984 is amended as
35
follows.
86
In section 10(2)(b), for “section 128 of the National Health Service Act 1977”
substitute “section 275 of the National Health Service Act 2006”.
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
87
The Disabled Persons (Services, Consultation and Representation) Act 1986
40
is amended as follows.

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
15

88
In section 2—
(a)
in subsection (5)(a), for the words from “the Secretary of State” to
“1990” substitute “the Welsh Ministers under section 3(1)(a) of the
National Health Service (Wales) Act 2006, by the Secretary of State
under section 3(1)(a) of the National Health Service Act 2006, by a
5
Primary Care Trust established under that Act, by a National Health
Service Trust established under that Act or the National Health
Service (Wales) Act 2006”, and
(b)
in subsection (7), for “the 1977 Act” substitute “the 2006 Act or the
National Health Service (Wales) Act 2006”.
10
89
In section 7—
(a)
in subsection (3), for “the 1977 Act” substitute “the 2006 Act”, and
(b)
in subsection (9), in paragraph (a) of the definition of “the
managers”—
(i)
for “the 1977 Act” in the first place it appears, substitute “the
15
2006 Act or the National Health Service (Wales) Act 2006”,
and
(ii)
for “the 1977 Act” in the second place it appears, substitute
“the 2006 Act, or the Welsh Ministers under the National
Health Service (Wales) Act 2006”.
20
90
In section 16(1)—
(a)
omit the definition of “the 1977 Act”,
(b)
after the definition of “the 2003 Act” insert—
““the 2006 Act” means the National Health Service Act
2006;”,
25
(c)
omit the definition of “Health Authority”,
(d)
in paragraph (a) of the definition of “hospital”—
(i)
for “the 1977 Act” substitute “2006 Act or the National Health
Service (Wales) Act 2006”, and
(ii)
for “section 23(1) of that Act” substitute “section 12(1) of the
30
2006 Act or section 10(1) of the National Health Service
(Wales) Act 2006”,
(e)
in the definition of “Primary Care Trust” for “section 16A of the
National Health Service Act 1977” substitute “section 18 of the 2006
Act”,
35
(f)
in the definition of “Special Health Authority” for “section 11 of the
1977 Act” substitute “section 28 of the 2006 Act or section 22 of the
National Health Service (Wales) Act 2006”,
(g)
in the definition of “Strategic Health Authority” for “section 8 of the
1977 Act” substitute “section 13 of the 2006 Act”, and
40
(h)
in paragraph (a) of the definition of “the welfare enactments” for
“Schedule 8 to the 1977 Act” substitute “Schedule 20 to the 2006 Act
and Schedule 15 to the National Health Service (Wales) Act 2006”.
Company Directors Disqualification Act 1986 (c. 46)
91
The Company Directors Disqualification Act 1986 is amended as follows.
45
92
In section 22C(3), for “Part 1 of the Health and Social Care (Community
Health and Standards) Act 2003” substitute “Chapter 5 of Part 2 of the
National Health Service Act 2006”.

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
16

National Health Service (Amendment) Act 1986 (c. 66)
93
The National Health Service (Amendment) Act 1986 is amended as follows.
94
In section 4—
(a)
in subsection (1), for “section 43A(1) of the 1977 Act” substitute
“section 164(1) of the National Health Service Act 2006, or section
5
76(1) or 88(1) of the National Health Service (Wales) Act 2006”, and
(b)
in subsection (5), for “section 43A(1) of the 1977 Act” substitute
“section 164(1) of the National Health Service Act 2006, or section
76(1) or 88(1) of the National Health Service (Wales) Act 2006”.
95
In section 8(2), omit the definition of “the 1977 Act”.
10
AIDS (Control) Act 1987 (c. 33)
96
The Aids (Control) Act 1987 is amended as follows.
97
In section 1(9)—
(a)
for “section 8 of the National Health Service Act 1977” substitute
“section 13 of the National Health Service Act 2006”,
15
(b)
for “section 16A of that Act” substitute “section 18 of that Act”, and
(c)
for “section 11 of that Act” substitute “section 28 of that Act or section
22 of the National Health Service (Wales) Act 2006”.
98
In section 1(10) of that Act, for “Part 1 of the National Health Service and
Community Care Act 1990 or, as the case may be,” substitute “section 25 of
20
the National Health Service Act 2006, section 18 of the National Health
Service (Wales) Act 2006 or”.
Income and Corporation Taxes Act 1988 (c. 1)
99
The Income and Corporation Taxes Act 1988 is amended as follows.
100
In section 519A(2)—
25
(a)
in paragraph (a)—
(i)
after “Strategic Health Authority” insert “established under
section 13 of the National Health Service Act 2006”, and
(ii)
omit the words from “established” to the end,
(b)
in paragraph (aa), for “section 11 of that Act” substitute “section 28
30
of that Act or section 22 of the National Health Service (Wales) Act
2006”, and
(c)
in paragraph (b), for “Part 1 of the National Health Service and
Community Care Act 1990” substitute “section 25 of the National
Health Service Act 2006 or section 18 of the National Health Service
35
(Wales) Act 2006”.
101
In section 519A(8), for “section 14(1) of the Health and Social Care
(Community Health and Standards) Act 2003” substitute “section 43(1) of
the National Health Service Act 2006”.
Local Government Act 1988 (c. 9)
40
102
The Local Government Act 1988 is amended as follows.

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
17

103
In section 25(2)(c), for “section 28A(9)(b) of the National Health Service Act
1977” substitute “section 257(3) of the National Health Service Act 2006 or
section 195(3) of the National Health Service (Wales) Act 2006”.
Dartford-Thurrock Crossing Act 1988 (c. 20)
104
The Dartford-Thurrock Crossing Act 1988 is amended as follows.
5
105
In section 19(b), for the words from “a Strategic Health Authority” to the end
substitute “a Strategic Health Authority established under section 13 of the
National Health Service Act 2006, a Special Health Authority established
under section 28 of that Act or section 22 of the National Health Service
(Wales) Act 2006, a Primary Care Trust established under section 18 of the
10
National Health Service Act 2006, or a voluntary organisation or other
person under an arrangement made under either of those Acts;”.
Community Health Councils (Access to Information) Act 1988 (c. 24)
106
The Community Health Councils (Access to Information) Act 1988 is
amended as follows.
15
107
In section 1(1), for “continued in existence by or established under section
20A of the National Health Service Act 1977” substitute “established under
section 182 of the National Health Service (Wales) Act 2006”.
108
In section 2(1)(c), for “National Health Service Act 1977” substitute
“National Health Service Act 2006”.
20
Local Government Finance Act 1988 (c. 41)
109
The Local Government Finance Act 1988 is amended as follows.
110
In paragraph 16(3) of Schedule 5, for “section 128(1) of the National Health
Service Act 1977” substitute “section 275 of the National Health Service Act
2006”.
25
Copyright, Designs and Patents Act 1988 (c. 48)
111
The Copyright, Designs and Patents Act 1988 is amended as follows.
112
In section 48(6)—
(a)
for “section 16A of the National Health Service Act 1977” substitute
“section 18 of the National Health Service Act 2006”, and
30
(b)
for “Part 1 of that Act” substitute “section 25 of the National Health
Service Act 2006, section 18 of the National Health Service (Wales)
Act 2006”.
113
In section 240(4)—
(a)
in paragraph (za) for “Part 1 of the National Health Service Act 1977”
35
substitute “the National Health Service Act 2006 or the National
Health Service (Wales) Act 2006,”
(b)
in paragraph (a), for sub-paragraph (i) substitute—
“(i)
Chapter 1 of Part 7 of the National Health
Service Act 2006, or Chapter 1 of Part 7 of the
40
National Health Service (Wales) Act 2006 (in
the case of pharmaceutical services),”, and

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
18

(c)
in paragraph (c), for sub-paragraphs (i) and (ii) substitute “the
National Health Service Act 2006 or the National Health Service
(Wales) Act 2006”.
114
In Schedule 6—
(a)
in paragraph 1(1), in the definition of “trustees”, after “National
5
Health Service Act 1977” insert “or the National Health Service Act
2006”, and
(b)
in paragraph 7(2), for “section 92 of the National Health Service Act
1977” substitute “section 213 of the National Health Service Act 2006
or section 161 of the National Health Service (Wales) Act 2006”.
10
Health and Medicines Act 1988 (c. 49)
115
The Health and Medicines Act 1988 is amended as follows.
116
In section 7—
(a)
in subsection (1), for “the National Health Service Act 1977”
substitute “the National Health Service Act 2006”,
15
(b)
in subsection (3)(i), for “the National Health Service Act 1977”
substitute “the National Health Service Act 2006, other than an NHS
trust or an NHS foundation trust,”,
(c)
in subsection (8)(a), for “the National Health Service Act 1977”
substitute “the National Health Service Act 2006”,
20
(d)
after subsection (8) insert—
“(8A)
The references in subsection (6) and subsection (8) to section
65 of the National Health Service Act 1977 are references to
that section prior to its repeal by the National Health Service
(Consequential Provisions) Act 2006.”, and
25
(e)
in subsection (14), for “subsections (12) and (13)” substitute
“subsection (13)”.
117
In section 11(7)—
(a)
omit “Section 79(1) of the National Health Service Act 1977 and”, and
(b)
for “they provide” substitute “it provides”.
30
118
In section 11(8), omit “paragraph 2(4)(a) of Schedule 12 to the National
Health Service Act 1977 and”.
119
In section 17—
(a)
in subsection (1), for “section 38, 39, 41 or 42 of the National Health
Service Act 1977” substitute “section 71, 72, 80 or 83 of the National
35
Health Service (Wales) Act 2006, or section 126 or 129 of the National
Health Service Act 2006”, and
(b)
in subsection (3A), for “section 41A of the National Health Service
Act 1977” substitute “section 127 of the National Health Service Act
2006 or section 81 of the National Health Service (Wales) Act 2006”.
40
120
In section 18, for “the National Health Service Act 1977” substitute “the
National Health Service Act 2006 or the National Health Service (Wales) Act
2006 (other than an NHS trust or an NHS foundation trust),”.
Road Traffic Act 1988 (c. 52)
121
The Road Traffic Act 1988 is amended as follows.
45