National Health Service (Consequential Provisions) Bill [HL]

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National Health Service (Consequential Provisions) Bill [HL]

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
26

(b)
in paragraph (ea), for “section 16A of the National Health Service Act
1977” substitute “section 18 of the National Health Service Act 2006”.
Health Authorities Act 1995 (c. 17)
175
The Health Authorities Act 1995 is amended as follows.
176
In Schedule 2—
5
(a)
in paragraph 2(4), after “section 21 of the National Health Service
and Community Care Act 1990”, insert “, section 71 of the National
Health Service Act 2006 or section 30 of the National Health Service
(Wales) Act 2006”,
(b)
in paragraph 5, for sub-paragraph (3) substitute—
10
    “(3)
The references in sections 216 and 220(1) of the National
Health Service Act 2006, and in sections 164 and 167(1) of
the National Health Service (Wales) Act 2006 to section 92
of the National Health Service Act 1977 include references
to paragraphs 3 and 4 of this Schedule.
15
      (4)
The reference in section 220(3) of the National Health
Service Act 2006 to Part 11 of that Act includes a reference
to paragraphs 3 and 4 of this Schedule, and the reference in
section 167(3) of the National Health Service (Wales) Act
2006 to Part 11 of that Act includes a reference to those
20
paragraphs.
      (5)
In section 222(12) of the National Health Service Act 2006,
the reference to section 213 of that Act includes a reference
to paragraphs 3 and 4 of this Schedule.
      (6)
In section 169(12) of the National Health Service (Wales)
25
Act 2006, the reference to section 161 of that Act includes a
reference to paragraphs 3 and 4 of this Schedule.”, and
(c)
in paragraph 22(2) for “National Health Service Act 1977” substitute
“National Health Service Act 2006”.
Employment Rights Act 1996 (c. 18)
30
177
The Employment Rights Act 1996 is amended as follows.
178
In section 43K(1)—
(a)
in paragraph (ba), for “or Local Health Board under section 28K or
28Q of the National Health Service Act 1977” substitute “under
section 84 or 100 of the National Health Service Act 2006 or with a
35
Local Health Board under section 42 or 57 of the National Health
Service (Wales) Act 2006”, and
(b)
in paragraph (c)(i)—
(i)
after “Primary Care Trust” insert “under section 126 of the
National Health Service Act 2006,”, and
40
(ii)
for “section 38 or 41 of the National Health Service Act 1977”
substitute “section 71 or 80 of the National Health Service
(Wales) Act 2006”.
179
In section 50(8)—

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
27

(a)
in paragraph (a), for “Part I 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
(Wales) Act 2006”, and
(b)
in paragraph (b)—
5
(i)
for “Strategic Health Authority or” substitute “Strategic
Health Authority established under section 13 of the
National Health Service Act 2006, a”,
(ii)
omit “established under section 8 of the National Health
Service Act 1977”,
10
(iii)
for “section 11 of that Act” substitute “section 28 of the
National Health Service Act 2006 or section 22 of the National
Health Service (Wales) Act 2006”, and
(iv)
for “section 16A of that Act” substitute “section 18 of the
National Health Service Act 2006”.
15
180
In section 218(10)—
(a)
in paragraph (a)—
(i)
after “Strategic Health Authorities” 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”,
(b)
in paragraph (b), for “section 11 of that Act” substitute “section 28 of
that Act or section 22 of the National Health Service (Wales) Act
2006”,
(c)
in paragraph (bb) for “section 16A of that Act” substitute “section 18
25
of the National Health Service Act 2006”, and
(d)
in paragraph (c), for “Part 1 of the National Health Service and
Community Care Act 1990” substitute “that Act or the National
Health Service (Wales) Act 2006”.
Education Act 1996 (c. 56)
30
181
The Education Act 1996 is amended as follows.
182
In section 322(3)(a), for “National Health Service Act 1977” substitute
“National Health Service Act 2006 or the National Health Service (Wales)
Act 2006”.
183
In section 403(2), for “section 22 of the National Health Service Act 1977”
35
substitute “section 28(6) of the National Health Service Act 2006”.
184
In section 520(1), for the words from “section 5(1)” to the end substitute—
“(a)
section 111 of, or paragraph 1, 2(1)(a) or 8 of Schedule 1 to, the
National Health Service Act 2006, or
(b)
section 67 of, or paragraph 1, 2(1)(a) or 8 of Schedule 1 to, the
40
National Health Service (Wales) Act 2006”.
185
In section 579, in paragraph (c) of the definition of “school buildings”, for the
words from “section 5(1)” to the end of the paragraph substitute “paragraph
1 or 8 of Schedule 1 to the National Health Service Act 2006 (which relate to
the provision of medical services for pupils), or”.
45

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
28

Audit Commission Act 1998 (c. 18)
186
The Audit Commission Act 1998 is amended as follows.
187
In section 33(8)(c), for “the National Health Service Act 1977” substitute “the
National Health Service Act 2006”.
188
In section 49(1)(c), for “the National Health Service Act 1977” substitute “the
5
National Health Service Act 2006”.
189
In section 53(1), in the definition of “the health service” for “the National
Health Service Act 1977” substitute “the National Health Service Act 2006”.
Data Protection Act 1998 (c. 29)
190
The Data Protection Act 1998 is amended as follows.
10
191
In section 69(3)—
(a)
in paragraph (a), for “or a Health Authority established under
section 8 of the National Health Service Act 1977” substitute
“established under section 13 of the National Health Service Act
2006”,
15
(b)
in paragraph (b), for “section 11 of that Act” substitute “section 28 of
that Act, or section 22 of the National Health Service (Wales) Act
2006”,
(c)
in paragraph (bb), for “section 16A of that Act” substitute “section 18
of the National Health Service Act 2006”,
20
(d)
in paragraph (bbb), for “section 16BA of that Act” substitute “section
11 of the National Health Service (Wales) Act 2006”, and
(e)
in paragraph (f), after “1990” insert “, section 25 of the National
Health Service Act 2006, section 18 of the National Health Service
(Wales) Act 2006”.
25
Government of Wales Act 1998 (c. 38)
192
The Government of Wales Act 1998 is amended as follows.
193
In Schedule 17—
(a)
in paragraph 13, for “section 11 of the National Health Service and
Community Care Act 1990” substitute “paragraph 10 of Schedule 3
30
to the National Health Service (Wales) Act 2006”, and
(b)
in paragraph 14A, after “National Health Service Act 1977” insert
“and section 160(1) of the National Health Service (Wales) Act 2006”.
Health Act 1999 (c. 8)
194
The Health Act 1999 is amended as follows.
35
195
In section 16(5), in the definition of “initial loan”, for “the 1990 Act”
substitute “the National Health Service and Community Care Act 1990, prior
to the repeal of that section by the National Health Service (Consequential
Provisions) Act 2006”.
196
In section 61(2), for “the 1977 Act” substitute “the National Health Service
40
Act 2006, or the National Health Service (Wales) Act 2006”.

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
29

197
In section 62(4), for “(4) and (5) of section 126 of the 1977 Act” substitute “(7)
and (8) of section 272 of the National Health Service Act 2006, and
subsections (9) and (10) of section 203 of the National Health Service (Wales)
Act 2006”.
Care Standards Act 2000 (c. 14)
5
198
The Care Standards Act 2000 is amended as follows.
199
In section 2(4) and (5), for “National Health Service Act 1977” substitute
“National Health Service Act 2006 or the National Health Service (Wales)
Act 2006”.
200
In section 121, in the definition of “health service hospital” for “has the same
10
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”.
Learning and Skills Act 2000 (c. 21)
201
The Learning and Skills Act 2000 is amended as follows.
15
202
In section 121, 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”.
203
In section 129, omit the definition of “Health Authority”.
Local Government Act 2000 (c. 22)
20
204
The Local Government Act 2000 is amended as follows.
205
In section 21(2)(f) for the words from “section 7” to “that section”, in the
second place, substitute “section 244 of the National Health Service Act 2006
or section 184 of the National Health Service (Wales) Act 2006 applies, to
review and scrutinise, in accordance with regulations under either of those
25
sections, matters relating to the health service (within the meaning given by
the Act concerned, and as extended by the section concerned)”.
206
In subsection (3) of section 32, for the words from “under section 7” to the
end of the subsection, substitute “, in the case of regulations made by the
Secretary of State, under section 244 of the National Health Service Act 2006
30
or any provision of section 246 of, or Schedule 17 to, that Act or, in the case
of regulations made by the Welsh Ministers, under section 184 of the
National Health Service (Wales) Act 2006 or any provision of section 186 of,
or Schedule 11 to, that Act”.
Regulation of Investigatory Powers Act 2000 (c. 23)
35
207
The Regulation of Investigatory Powers Act 2000 is amended as follows.
208
In section 4—
(a)
in subsection (5), for “section 17 of the National Health Service Act
1977” substitute “section 8 of the National Health Service Act 2006,
or section 19 or 23 of the National Health Service (Wales) Act 2006”,
40
and

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
30

(b)
in subsection (8), for “the National Health Service Act 1977”
substitute “section 4 of the National Health Service Act 2006”.
209
In Schedule 1—
(a)
in paragraph 26, for “section 11 of the National Health Service Act
1977” substitute “section 28 of the National Health Service Act 2006
5
or section 22 of the National Health Service (Wales) Act 2006”,
(b)
in paragraph 27, for “section 5 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
(c)
in paragraph 27A, for “section 6 of the National Health Service
Reform and Health Care Professions Act 2002” substitute “section 11
of the National Health Service (Wales) Act 2006”.
Freedom of Information Act 2000 (c. 36)
210
The Freedom of Information Act 2000 is amended as follows.
15
211
In Part 3 of Schedule 1—
(a)
in paragraph 36A, for “section 8 of the National Health Service Act
1977” substitute “section 13 of the National Health Service Act 2006”,
(b)
omit paragraph 37,
(c)
in paragraph 38, for “section 11 of the National Health Service Act
20
1977” substitute “section 28 of the National Health Service Act 2006
or section 22 of the National Health Service (Wales) Act 2006”,
(d)
in paragraph 39, for “section 16A of the National Health Service Act
1977” substitute “section 18 of the National Health Service Act 2006”,
(e)
in paragraph 39A, for “section 16BA of the National Health Service
25
Act 1977” substitute “section 11 of the National Health Service
(Wales) Act 2006”,
(f)
in paragraph 40, for “section 5 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
30
(Wales) Act 2006”,
(g)
in paragraph 41, 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”,
35
(h)
in paragraph 41A, for “section 15 of the National Health Service
Reform and Health Care Professions Act 2002” substitute “section
237 of the National Health Service Act 2006”,
(i)
in paragraph 43A(a), for “section 28C of the National Health Service
Act 1977” substitute “section 92 or 107 of the National Health Service
40
Act 2006, or section 50 or 64 of the National Health Service (Wales)
Act 2006”,
(j)
in paragraph 43A(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”,
45
(k)
in paragraph 44, for “Part II of the National Health Service Act 1977”
substitute “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
31

(l)
in paragraph 45A(a), for “section 28 of the Health and Social Care Act
2001” substitute “section 134 of the National Health Service Act 2006
or section 92 of the National Health Service (Wales) Act 2006”, and
(m)
in paragraph 45A(b), for “Schedule 8A to the National Health Service
Act 1977” substitute “Schedule 12 to the National Health Service Act
5
2006 or Schedule 7 to the National Health Service (Wales) Act 2006”.
Criminal Justice and Court Services Act 2000 (c. 43)
212
The Criminal Justice and Court Services Act 2000 is amended as follows.
213
In section 42(1), in paragraph (a) of the definition of “hospital” for “the
National Health Service Act 1977” substitute “the National Health Service
10
Act 2006 or the National Health Service (Wales) Act 2006”.
Health and Social Care Act 2001 (c. 15)
214
The Health and Social Care Act 2001 is amended as follows.
215
In section 14(4), for “1977 Act” substitute “National Health Service Act 1977,
prior to its repeal by the National Health Service (Consequential Provisions)
15
Act 2006,”
216
In section 39—
(a)
in subsection (1), for “section 128(1) of the 1977 Act” substitute
“section 206 of the National Health Service Act 2006”, and
(b)
in subsection (2), for “section 31” substitute “section 95 of the
20
National Health Service (Wales) Act 2006”.
217
In section 66, omit the definitions of “the 1977 Act” and “NHS trust”.
218
In section 68(4), for “Neither of subsections (1) and (3) affects” substitute
“Subsection (1) does not affect”.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
25
219
Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 is amended as
follows.
220
Omit paragraphs 16 and 45.
221
In paragraph 53A, for “Schedule 5 to the Health and Social Care
(Community Health and Standards) Act 2003” substitute “Schedule 10 to the
30
National Health Service Act 2006”.
222
At the end, add—
“53C
Paragraph 5 of Schedule 22 to the National Health Service Act
2006”.
International Development Act 2002 (c. 1)
35
223
The International Development Act 2002 is amended as follows.
224
In Schedule 1, in the entry relating to a National Health Service trust, for
“Part 1 of the National Health Service and Community Care Act 1990 or
under” substitute “the National Health Service Act 2006, the National Health
Service (Wales) Act 2006, or”.
40

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
32

National Health Service Reform and Health Care Professions Act 2002 (c. 17)
225
The National Health Service Reform and Health Care Professions Act 2002
is amended as follows.
226
In section 22(6)(b), for “a Health Authority established for an area in
England” substitute “a Strategic Health Authority”.
5
Nationality, Immigration and Asylum Act 2002 (c. 41)
227
The Nationality, Immigration and Asylum Act 2002 is amended as follows.
228
In section 133(4)—
(a)
in paragraph (a)(i), for “section 16A of the National Health Service
Act 1977” substitute “section 18 of the National Health Service Act
10
2006”,
(b)
in paragraph (a)(ii), for “section 5 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”,
15
(c)
in paragraph (a)(iii), for “section 8 of the National Health Service Act
1977” substitute “section 13 of the National Health Service Act 2006”,
(d)
in paragraph (a)(iv), for “section 11 of that Act” substitute “section 28
of that Act, or section 22 of the National Health Service (Wales) Act
2006”,
20
(e)
for paragraph (b)(i) substitute—
“(i)
a Local Health Board established under
section 11 of the National Health Service
(Wales) Act 2006,”, and
(f)
in paragraph (b)(ii), for “section 5 of the National Health Service and
25
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”.
229
In paragraph 1(1) of Schedule 3, for paragraph (e) substitute—
“(e)
section 254 of, and Schedule 20 to, the National Health
30
Service Act 2006, or section 192 of, and Schedule 15 to, the
National Health Service (Wales) Act 2006 (social
services),”.
Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
230
The Community Care (Delayed Discharges etc.) Act 2003 is amended as
35
follows.
231
In section 12, in the definition of “health service hospital” for “has the same
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”.
40
Finance Act 2003 (c. 14)
232
The Finance Act 2003 is amended as follows.
233
In section 61(3), in the entry headed “Health: England and Wales”—