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National Health Service (Consequential Provisions) Bill [HL]


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

19

 

122        

In section 144(2)—

(a)   

in paragraph (da)—

(i)   

for “section 16A of the National Health Service Act 1977”

substitute “section 18 of the National Health Service Act

2006”, and

5

(ii)   

for “section 16BA of that Act” substitute “section 11 of the

National Health Service (Wales) Act 2006”,

(b)   

in paragraph (db), for “Part 1 of the National Health Service and

Community Care Act 1990” substitute “section 25 of the National

Health Service Act 2006, section 18 of the National Health Service

10

(Wales) Act 2006”, and

(c)   

in paragraph (e)—

(i)   

after “Secretary of State” insert “or the Welsh Ministers”, and

(ii)   

for “section 23 or 26 of the National Health Service Act 1977”

substitute “section 12 or 80 of the National Health Service Act

15

2006, or section 10 or 38 of the National Health Service

(Wales) Act 2006,”.

123        

In section 161(1), in paragraph (a) of the definition of “hospital”, for “the

National Health Service Act 1977” substitute “the National Health Service

Act 2006 or the National Health Service (Wales) Act 2006”.

20

Children Act 1989 (c. 41)

124        

The Children Act 1989 is amended as follows.

125        

In section 105—

(a)   

omit the definition of “Health Authority”,

(b)   

in the definition of “health service hospital” for “has the same

25

meaning as in the National Health Service Act 1977” substitute

“means a health service hospital within the meaning given by the

National Health Service Act 2006 or the National Health Service

(Wales) Act 2006”,

(c)   

in the definition of “Primary Care Trust” for “section 16A of the

30

National Health Service Act 1977” substitute “section 18 of the

National Health Service Act 2006”,

(d)   

in the definition of “Special Health Authority” for “section 11 of the

National Health Service Act 1977” substitute “section 28 of the

National Health Service Act 2006 or section 22 of the National Health

35

Service (Wales) Act 2006,”, and

(e)   

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”.

Opticians Act 1989 (c. 44)

40

126        

The Opticians Act 1989 is amended as follows.

127        

In section 27(4)(b), for sub-paragraph (i) substitute—

“(i)   

the National Health Service Act 2006 or the National

Health Service (Wales) Act 2006;”.

 

 

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

20

 

National Health Service and Community Care Act 1990 (c. 19)

128        

The National Health Service and Community Care Act 1990 is amended as

follows.

129        

In section 46(3), in the definition of “community care services”, for

paragraph (c) substitute—

5

“(c)   

section 254 of, and Schedule 20 to, the National Health

Service Act 2006, and section 192 of, and Schedule 15 to, the

National Health Service (Wales) Act 2006”.

130        

In section 47(3), for “National Health Service Act 1977” substitute “National

Health Service Act 2006 or the National Health Service (Wales) Act 2006”.

10

131        

In section 60—

(a)   

in subsection (1)(a), for “National Health Service Act 1977” substitute

“National Health Service Act 2006, the National Health Service

(Wales) Act 2006,”,

(b)   

in subsection (5), for “Part 1 of the National Health Service Act 1977”,

15

substitute “the National Health Service Act 2006”,

(c)   

in subsection (7)(a)—

(i)   

after “Strategic Health Authority” insert “established under

section 13 of the National Health Service Act 2006”, and

(ii)   

omit “established under section 8 of the National Health

20

Service Act 1977”, and

(d)   

in subsection (7)(aa), for “section 11 of that Act” substitute “section

28 of that Act or section 22 of the National Health Service (Wales) Act

2006”.

132        

In section 61(3), for “Part 1 of the National Health Service and Community

25

Care Act 1990” substitute “the National Health Service Act 2006, the

National Health Service (Wales) Act 2006”.

133        

In section 61A(1)(b), for “Part 1 of this Act” substitute “the National Health

Service Act 2006, the National Health Service (Wales) Act 2006”.

Access to Health Records Act 1990 (c. 23)

30

134        

The Access to Health Records Act 1990 is amended as follows.

135        

In section 1(2)(aa) for “section 28C of that Act” substitute “section 92 or 107

of the National Health Service Act 2006, or section 50 or 64 of the National

Health Service (Wales) Act 2006,”.

136        

In section 11—

35

(a)   

in the definition of “general medical services contract” for “section

28Q of the National Health Service Act 1977” substitute “section 84

of the National Health Service Act 2006 or section 42 of the National

Health Service (Wales) Act 2006”,

(b)   

omit the definition of “Health Authority”,

40

(c)   

in paragraph (d) of the definition of “health service body”, after

“National Health Service and Community Care Act 1990” insert “,

section 25 of the National Health Service Act 2006 or section 18 of the

National Health Service (Wales) Act 2006”,

 

 

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

21

 

(d)   

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”,

(e)   

in the definition of “Special Health Authority” for “section 11 of the

National Health Service Act 1977” substitute “section 28 of the

5

National Health Service Act 2006 or section 22 of the National Health

Service (Wales) Act 2006”, and

(f)   

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”.

10

Water Industry Act 1991 (c. 56)

137        

The Water Industry Act 1991 is amended as follows.

138        

In section 87(3)(a)(i), for “section 8 of the National Health Service Act 1977”

substitute “section 13 of the National Health Service Act 2006”.

139        

In Schedule 4A—

15

(a)   

in paragraph 7, 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”,

(b)   

in paragraph 16, for “Part 1 of the National Health Service and

Community Care Act 1990” substitute “the National Health Service

20

Act 2006 or the National Health Service (Wales) Act 2006”.

London Local Authorities Act 1991 (c. xiii)

140        

The London Local Authorities Act 1991 is amended as follows.

141        

In section 4, in paragraph (d) of the definition of “establishment for special

treatment”—

25

(a)   

for “section 16A of the National Health Service Act 1977” substitute

“section 18 of the National Health Service Act 2006”, and

(b)   

for “the National Health Service and Community Care Act 1990”

substitute “section 25 of that Act or section 18 of the National Health

Service (Wales) Act 2006”.

30

Social Security Contributions and Benefits Act 1992 (c. 4)

142        

The Social Security Contributions and Benefits Act 1992 is amended as

follows.

143        

In section 67(2)(a), for sub-paragraph (ii) substitute—

“(ii)   

of paragraph 2 of Schedule 20 to the National Health

35

Service Act 2006 or paragraph 2 of Schedule 15 to the

National Health Service (Wales) Act 2006,”.

144        

In section 72(8)(a), for “or paragraph 2 of Schedule 8 to the National Health

Service Act 1977” substitute “, paragraph 2 of Schedule 20 to the National

Health Service Act 2006 or paragraph 2 of Schedule 15 to the National Health

40

Service (Wales) Act 2006”.

145        

In section 73(13)(a), for “the Secretary of State under section 5(2)(a) of the

National Health Service Act 1977 and Schedule 2 to that Act” substitute “the

Welsh Ministers under paragraph 9 of Schedule 1 to the National Health

 

 

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

22

 

Service (Wales) Act 2006, or the Secretary of State under paragraph 9 of

Schedule 1 to the National Health Service Act 2006”.

146        

In section 143(3)(c), for sub-paragraph (i) substitute—

“(i)   

paragraph 2 of Schedule 20 to the National Health

Service Act 2006 or paragraph 2 of Schedule 15 to the

5

National Health Service (Wales) Act 2006;”.

147        

In section 163(6)—

(a)   

for “Part 1 of the National Health Service and Community Care Act

1990” substitute “the National Health Service Act 2006, the National

Health Service (Wales) Act 2006”,

10

(b)   

for “that Part or Act” substitute “any of those Acts”, and

(c)   

for “paragraph 23(1) of Schedule 5A to the National Health Service

Act 1977” substitute “paragraph 26(1) of Schedule 3 to the National

Health Service Act 2006”.

148        

In section 171(3)—

15

(a)   

for “Part 1 of the National Health Service and Community Care Act

1990” substitute “the National Health Service Act 2006, the National

Health Service (Wales) Act 2006”,

(b)   

for “that Part or Act” substitute “any of those Acts”, and

(c)   

for “paragraph 23(1) of Schedule 5A to the National Health Service

20

Act 1977” substitute “paragraph 26(1) of Schedule 3 to the National

Health Service Act 2006”.

149        

In section 171ZJ(9)—

(a)   

in paragraph (a)—

(i)   

for “Part 1 of the National Health Service and Community

25

Care Act 1990” substitute “the National Health Service Act

2006, the National Health Service (Wales) Act 2006”, and

(ii)   

for “that Part or Act” substitute “any of those Acts”, and

(b)   

in paragraph (b), for “paragraph 23(1) of Schedule 5A to the National

Health Service Act 1977” substitute “paragraph 26(1) of Schedule 3 to

30

the National Health Service Act 2006”.

150        

In section 171ZS(9)—

(a)   

in paragraph (a)—

(i)   

for “Part 1 of the National Health Service and Community

Care Act 1990” substitute “the National Health Service Act

35

2006, the National Health Service (Wales) Act 2006”, and

(ii)   

for “that Part or Act” substitute “any of those Acts”, and

(b)   

in paragraph (b), for “paragraph 23(1) of Schedule 5A to the National

Health Service Act 1977” substitute “paragraph 26(1) of Schedule 3 to

the National Health Service Act 2006”.

40

Local Government Finance Act 1992 (c. 14)

151        

The Local Government Finance Act 1992 is amended as follows.

152        

In paragraph 6(2)(a) of Schedule 1, for “National Health Service Act 1977”

substitute “National Health Service Act 2006, the National Health Service

(Wales) Act 2006”.

45

 

 

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

23

 

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

153        

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended

as follows.

154        

In section 279(1)—

(a)   

in paragraph (a)—

5

(i)   

omit “Strategic Health Authority”,

(ii)   

after “Primary Care Trust” insert “under section 126 of the

National Health Service Act 2006”, and

(iii)   

for “38 or 41” substitute “71 or 80 of the National Health

Service (Wales) Act 2006”, and

10

(b)   

in paragraph (b), for the words from “established by”, in the first

place, to the end of the paragraph substitute “established under

section 134 of the National Health Service Act 2006 or section 92 of

the National Health Service (Wales) Act 2006, or under an LPS

scheme established under Schedule 12 to the National Health Service

15

Act 2006 or Schedule 7 to the National Health Service (Wales) Act

2006;”.

155        

In section 279(2)—

(a)   

in paragraph (a), for “section 28C of the National Health Service Act

1977” substitute “section 92 or 107 of the National Health Service Act

20

2006, or section 50 or 64 of the National Health Service (Wales) Act

2006”, and

(b)   

in paragraph (b), for “section 28K or 28Q of that Act” substitute

“section 84 or 100 of the National Health Service Act 2006 or section

42 or 57 of the National Health Service (Wales) Act 2006”.

25

Tribunals and Inquiries Act 1992 (c. 53)

156        

The Tribunals and Inquiries Act 1992 is amended as follows.

157        

In Part 1 of Schedule 1, in the entry relating to the National Health Service—

(a)   

for “section 16A of the National Health Service Act 1977” substitute

“section 18 of the National Health Service Act 2006”,

30

(b)   

omit “established under section 8 of that Act”, and

(c)   

for “section 49S of that Act” substitute “section 169 of that Act”.

Judicial Pensions and Retirement Act 1993 (c. 8)

158        

The Judicial Pensions and Retirement Act 1993 is amended as follows.

159        

In Schedule 5, omit the entry for the Chairman of the tribunal constituted

35

under Schedule 9 to the National Health Service Act 1977.

Charities Act 1993 (c. 10)

160        

The Charities Act 1993 is amended as follows.

161        

In section 43A(7), in the definition of “English National Health Service

charity”—

40

(a)   

for paragraph (d) substitute—

“(d)   

trustees appointed in pursuance of paragraph 10 of

Schedule 4 to the National Health Service Act 2006

 

 

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

24

 

for a National Health Service trust falling within

paragraph (c);

(da)   

special trustees appointed in pursuance of section

29(1) of the National Health Service Reorganisation

Act 1973, section 95(1) of the National Health

5

Service Act 1977 and section 212(1) of the National

Health Service Act 2006 for such a National Health

Service trust, or”, and

(b)   

in paragraph (e), for “section 96B of the National Health Service Act

1977” substitute “paragraph 12 of Schedule 3 to the National Health

10

Service Act 2006”.

162        

In section 43B(4), in the definition of “Welsh National Health Service

charity”, for paragraph (c), and the “or” immediately preceding it,

substitute—

“(c)   

trustees appointed in pursuance of paragraph 10 of

15

Schedule 3 to the National Health Service (Wales) Act 2006

for a National Health Service trust falling within

paragraph (b); or

(d)   

special trustees appointed in pursuance of section 29(1) of

the National Health Service Reorganisation Act 1973,

20

section 95(1) of the National Health Service Act 1977 and

section 160(1) of the National Health Service (Wales) Act

2006 for such a National Health Service trust.”.

Welsh Language Act 1993 (c. 38)

163        

The Welsh Language Act 1993 is amended as follows.

25

164        

In section 6(1)—

(a)   

in paragraph (f)—

(i)   

omit “established under section 8 of the National Health

Service Act 1977”, and

(ii)   

for “section 11 of that Act” substitute “section 28 of the

30

National Health Service Act 2006 or section 22 of the National

Health Service (Wales) Act 2006”,

(b)   

in paragraph (ff), for “section 16BA of the National Health Service

Act 1977” substitute “section 11 of the National Health Service

(Wales) Act 2006”,

35

(c)   

in paragraph (g), for “Part 1 of the National Health Service and

Community Care Act 1990” substitute “the National Health Service

Act 2006 or the National Health Service (Wales) Act 2006”, and

(d)   

in paragraph (i), for “continued in existence by or established under

section 20A of the National Health Service Act 1977” substitute

40

“established under section 182 of the National Health Service (Wales)

Act 2006”.

Health Service Commissioners Act 1993 (c. 46)

165        

The Health Service Commissioners Act 1993 is amended as follows.

166        

In section 2A(1)—

45

 

 

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

25

 

(a)   

in paragraph (a), for “section 28K or 28Q of the National Health

Service Act 1977” substitute “section 84 or 100 of the National Health

Service Act 2006”,

(b)   

in paragraph (b), omit “Part II of”,

(c)   

in paragraph (c), for “section 28C” substitute “section 92 or 107”, and

5

(d)   

in paragraph (d), for “section 28 of the Health and Social Care Act

2001” substitute “section 134 of the National Health Service Act

2006”.

167        

In section 6(5), for “38, 39, 41 or 42 of the National Health Service Act 1977”

substitute “126 or 129 of the National Health Service Act 2006”.

10

168        

In section 7—

(a)   

in subsection (1), for “the National Health Service Act 1977 or the

National Health Service and Community Care Act 1990” substitute

“the National Health Service Act 2006 or the National Health Service

(Wales) Act 2006”,

15

(b)   

in subsection (2)(a), for “section 4 of the National Health Service and

Community Care Act 1990” substitute “section 9 of the National

Health Service Act 2006”.

Vehicle Excise and Registration Act 1994 (c. 22)

169        

The Vehicle Excise and Registration Act 1994 is amended as follows.

20

170        

In paragraph 7 of Schedule 2—

(a)   

in sub-paragraph (b), for “Part 1 of the National Health Service and

Community Care Act 1990” substitute “the National Health Service

Act 2006, the National Health Service (Wales) Act 2006”

(b)   

in sub-paragraph (d), for “section 16A of the National Health Service

25

Act 1977” substitute “section 18 of the National Health Service Act

2006”, and

(c)   

in sub-paragraph (e), for “section 16BA of that Act” substitute

“section 11 of the National Health Service (Wales) Act 2006”.

171        

In paragraph 8 of that Schedule—

30

(a)   

after “Secretary of State” insert “or the Welsh Ministers”, and

(b)   

in sub-paragraph (a), for “section 23 or 26 of the National Health

Service Act 1977” substitute “section 12 or 80 of the National Health

Service Act 2006, or section 10 or 38 of the National Health Service

(Wales) Act 2006”.

35

172        

In paragraph 19(2)(c) of that Schedule, for paragraph (i) substitute—

“(i)   

paragraph 2 of Schedule 20 to the National Health

Service Act 2006 or paragraph 2 of Schedule 15 to the

National Health Service (Wales) Act 2006,”.

Value Added Tax Act 1994 (c. 23)

40

173        

The Value Added Tax Act 1994 is amended as follows.

174        

In Part 2 of Schedule 8, in Note (5H) to Group 12—

(a)   

in paragraph (e), for “Part 1 of the National Health Service and

Community Care Act 1990” substitute “the National Health Service

Act 2006 or the National Health Service (Wales) Act 2006”, and

45

 

 

 
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