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
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