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
33

(a)
for “or 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”,
(b)
for “section 11 of that Act” substitute “section 28 of that Act or section
22 of the National Health Service (Wales) Act 2006”,
5
(c)
for “section 16A of that Act” substitute “section 18 of the National
Health Service Act 2006”,
(d)
for “section 16BA of that Act” substitute “section 11 of the National
Health Service (Wales) Act 2006”, and
(e)
for “section 5 of the National Health Service and Community Care
10
Act 1990” substitute “section 25 of the National Health Service Act
2006 or section 18 of the National Health Service (Wales) Act 2006”.
234
In section 66(4), in the entry headed “Health: England and Wales”—
(a)
for “or Health Authority established under section 8 of the National
Health Service Act 1977” substitute “established under section 13 of
15
the National Health Service Act 2006”,
(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)
for “section 16A of that Act” substitute “section 18 of the National
Health Service Act 2006”,
20
(d)
for “section 16BA of that Act” substitute “section 11 of the National
Health Service (Wales) Act 2006”, and
(e)
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”.
25
Licensing Act 2003 (c. 17)
235
The Licensing Act 2003 is amended as follows.
236
In section 16(3), in the definition of “health service body”—
(a)
in paragraph (a), for “section 5 of the National Health Service and
Community Care Act 1990” substitute “section 25 of the National
30
Health Service Act 2006 or section 18 of the National Health Service
(Wales) Act 2006”,
(b)
in paragraph (b), for “section 16A of the National Health Service Act
1977” substitute “section 18 of the National Health Service Act 2006”,
and
35
(c)
in paragraph (c), for “section 16BA of that Act” substitute “section 11
of the National Health Service (Wales) Act 2006”.
Sexual Offences Act 2003 (c. 42)
237
The Sexual Offences Act 2003 is amended as follows.
238
In section 22(5), in paragraph (a) of the definition of “hospital”, for “section
40
128(1) of the National Health Service Act 1977” substitute “section 275(1) of
the National Health Service Act 2006 or section 206(1) of the National Health
Service Act 2006”.

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
34

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
239
The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.
240
In section 33(2), for “the 1990 Act” substitute “the National Health Service
and Community Care Act 1990”.
5
241
In section 45(3), for “section 128(1) of the 1977 Act” substitute “section 275 of
the 2006 Act”.
242
In section 113(1)(c), for “section 31 of the Health Act 1999” substitute “section
75 of the National Health Service Act 2006 or section 33 of the National
Health Service (Wales) Act 2006”.
10
243
In section 114(1)(c), for “section 31 of the Health Act 1999” substitute “section
75 of the National Health Service Act 2006 or section 33 of the National
Health Service (Wales) Act 2006”.
244
In section 122(1), for “section 31 of the Health Act 1999” substitute “section
75 of the National Health Service Act 2006 or section 33 of the National
15
Health Service (Wales) Act 2006”.
245
In section 124(6), in the definition of “Northern Irish health service”, for “the
1977 Act” substitute “the 2006 Act”.
246
In section 148, in the definition of “NHS trust”, for “Part 1 of the 1977 Act”
substitute “the 2006 Act”.
20
247
In section 150(7)—
(a)
for paragraph (a) substitute—
“(a)
treatment provided by virtue of—
(i)
section 21(4) or 44(6) of the 2006 Act,
(ii)
paragraph 15 of Schedule 2 to, or paragraph
25
11 of Schedule 6 to, the 2006 Act,
(iii)
paragraph 15 of Schedule 2 to, or paragraph
11 of Schedule 5 to, the National Health
Service (Wales) Act 2006, or
(iv)
section 57 of, or paragraph 14 of Schedule 7A
30
to, the 1978 Act,

(accommodation and services for private patients)”,
(b)
in paragraph (c), for “section 72 of the 1977 Act” substitute “section
267 of the 2006 Act or section 198 of the National Health Service
(Wales) Act 2006”, and
35
(c)
in paragraph (d), for “section 16CA, 16CC, 28C, 28K or 28Q of the
1977 Act” substitute “section 83, 84, 92, 99, 100 or 107 of the 2006 Act,
or section 41, 42, 50, 56, 57 or 64 of the National Health Service
(Wales) Act 2006”.
248
In section 160(4)—
40
(a)
in paragraph (a)(i) of the definition of “ambulance trust”, for “section
5 of the National Health Service and Community Care Act 1990”
substitute “section 25 of the 2006 Act, section 18 of the National
Health Service (Wales) Act 2006”, and
(b)
in paragraph (a)(i) of the definition of “responsible body”, for
45
“section 5 of the National Health Service and Community Care Act

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
35

1990” substitute “section 25 of the 2006 Act, section 18 of the National
Health Service (Wales) Act 2006”.
249
In section 162(6), in paragraph (a)(i) of the definition of “relevant ambulance
trust”, for “section 5 of the National Health Service and Community Care
Act 1990” substitute “section 25 of the 2006 Act or section 18 of the National
5
Health Service (Wales) Act 2006”.
250
In section 165—
(a)
in subsection (3)(b)(ii), for “section 5 of the National Health Service
and Community Care Act 1990” substitute “section 25 of the 2006
Act, section 18 of the National Health Service (Wales) Act 2006”, and
10
(b)
in subsection (5), for “section 128(1) of the 1977 Act” substitute
“section 275(1) of the 2006 Act”.
251
In section 168—
(a)
in the definition of “health service hospital” for “the 1977 Act”
substitute “the 2006 Act, the National Health Service (Wales) Act
15
2006”, and
(b)
in the definition of “NHS ambulance services” for “section 3(1)(c) of
the 1977 Act” substitute “section 3(1)(c) of the 2006 Act, section
3(1)(c) of the National Health Service (Wales) Act 2006”.
252
In section 194, for the definition of “the 1977 Act” substitute ““the 2006 Act”
20
means the National Health Service Act 2006”.
Criminal Justice Act 2003 (c. 44)
253
The Criminal Justice Act 2003 is amended as follows.
254
In section 325(9), in the definition of “NHS trust” for “National Health
Service Act 1977” substitute “National Health Service Act 2006”.
25
Finance Act 2004 (c. 12)
255
The Finance Act 2004 is amended as follows.
256
In section 59(5), in paragraph (a) of the definition of “NHS trust”, 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
30
National Health Service (Wales) Act 2006”.
Health Protection Agency Act 2004 (c. 17)
257
The Health Protection Agency Act 2004 is amended as follows.
258
In section 4(5)—
(a)
for paragraph (a) substitute—
35
“(a)
as if—
(i)
in section 256(3) and 257(2) of the National
Health Service Act 2006 (power to make
payments to local authorities in respect of the
performance of functions), after “Primary
40
Care Trust” (in each place) there were inserted
“or the Health Protection Agency””, and

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
36

(ii)
in section 194(3) and 195(2) of the National
Health Service (Wales) Act 2006 (power to
make payments to local authorities in respect
of the performance of functions), after “Local
Health Board” (in each place) there were
5
inserted “or the Health Protection Agency””,
(b)
for paragraph (b) substitute—
“(b)
as if, in section 76(1) of the National Health Service
Act 2006 and section 34(1) of the National Health
Service (Wales) Act 2006 (power of local authorities to
10
make payments to certain NHS bodies in respect of
the performance of functions), after “Strategic Health
Authority” there were inserted “, the Health
Protection Agency,””, and
(c)
for paragraph (c) substitute—
15
“(c)
as if, in section 75(8) of the National Health Service
Act 2006 and section 33(8) of the National Health
Service (Wales) Act 2006, after “NHS body” there
were inserted “includes the Health Protection
Agency, but””.
20
259
In paragraph 2(2) of Schedule 1—
(a)
for “the National Health Service Act 1977” substitute “the National
Health Service (Wales) Act 2006”, and
(b)
for “section 16D” substitute “section 24”.
Public Audit (Wales) Act 2004 (c. 23)
25
260
The Public Audit (Wales) Act 2004 is amended as follows.
261
In section 60—
(a)
in paragraph (c), for “section 11 of the National Health Service and
Community Care Act 1990” substitute “paragraph 10 of Schedule 3
to the National Health Service (Wales) Act 2006”, and
30
(b)
in paragraph (d), after “the National Health Service Act 1977” insert
“and section 160(1) of the National Health Service (Wales) Act 2006”.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
262
The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
263
In section 9(4)(a)—
35
(a)
for “section 8 of the National Health Service Act 1977” substitute
“section 13 of the National Health Service Act 2006”,
(b)
for “section 16A” substitute “section 18”,
(c)
for “section 16BA of that Act” substitute “section 11 of the National
Health Service (Wales) Act 2006”, and
40
(d)
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”.
Children Act 2004 (c. 31)
264
The Children Act 2004 is amended as follows.
45

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
37

265
In section 12(4)(e), for “Part 1 of the National Health Service Act 1977”
substitute “the National Health Service Act 2006”.
266
In section 18(2)(e)—
(a)
for “section 31 of the Health Act 1999” substitute “section 75 of the
National Health Service Act 2006 or section 33 of the National Health
5
Service (Wales) Act 2006”, and
(b)
for “that section” substitute “those sections”.
267
In section 29(4)(e), for “Part 1 of the National Health Service Act 1977”
substitute “the National Health Service (Wales) Act 2006”.
Housing Act 2004 (c. 34)
10
268
The Housing Act 2004 is amended as follows.
269
In paragraph 2(1)(f) of Schedule 14, for “section 4 of the National Health
Service and Community Care Act 1990” substitute “section 9 of the National
Health Service Act 2006”.
Civil Contingencies Act 2004 (c. 36)
15
270
The Civil Contingencies Act 2004 is amended as follows.
271
In Schedule 1—
(a)
in paragraph 5, 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
20
(Wales) Act 2006”,
(b)
in paragraph 6, for “section 1 of the Health and Social Care
(Community Health and Standards) Act 2003” substitute “section 30
of the National Health Service Act 2006”,
(c)
in paragraph 7, for “section 16A of the National Health Service Act
25
1977” substitute “section 18 of the National Health Service Act 2006”,
(d)
in paragraph 8, for “section 16BA of the National Health Service Act
1977” substitute “section 11 of the National Health Service (Wales)
Act 2006”, and
(e)
in paragraph 29A, for “section 8 of the National Health Service Act
30
1977” substitute “section 13 of the National Health Service Act 2006”.
Constitutional Reform Act 2005 (c. 4)
272
The Constitutional Reform Act 2005 is amended as follows.
273
In Schedule 7, in Part A of paragraph 4, at the end insert—
“National Health Service Act 2006
35

Schedule 13, paragraphs 1, 2, 4, 6, 15, 16 and 21.”.
274
In Schedule 14, in Part 3, in the entry relating to the Family Health Services
Appeal Authority, for “Schedule 9A to the National Health Service Act 1977”
substitute “Schedule 13 to the National Health Service Act 2006”.

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
38

Income Tax (Trading and Other Income) Act 2005 (c. 5)
275
The Income Tax (Trading and Other Income) Act 2005 is amended as
follows.
276
In section 780(2)(a), for “paragraph 2 of Schedule 2 to the National Health
Service Act 1977” substitute “paragraph 10 of Schedule 1 to the National
5
Health Service Act 2006 or paragraph 10 of Schedule 1 to National Health
Service (Wales) Act 2006”.
Mental Capacity Act 2005 (c. 9)
277
The Mental Capacity Act 2005 is amended as follows.
278
In section 38(7)(a), for “section 128 of the National Health Service Act 1977”,
10
substitute “section 275 of the National Health Service Act 2006 or section 206
of the National Health Service (Wales) Act 2006”.
Public Services Ombudsman (Wales) Act 2005 (c. 10)
279
The Public Services Ombudsman (Wales) Act 2005 is amended as follows.
280
In section 41—
15
(a)
in the definition of “family health service provider in Wales”—
(i)
in paragraph (a), for “section 28K or 28Q of the National
Health Service Act 1977” substitute “section 42 or section 57
of the National Health Service (Wales) Act 2006”,
(ii)
in paragraph (b), omit “Part 2 of”, and
20
(iii)
in paragraph (c), for “section 28C” substitute “section 50 or
64”, and
(b)
in the definition of “NHS trust” for “the National Health Service Act
1977” substitute “the National Health Service (Wales) Act 2006”.
Health Act 2006 (c. 28)
25
281
The Health Act 2006 is amended as follows.
282
In section 25(1)—
(a)
in the definition of “health care professional” for “section 28X(3)(a) of
the National Health Service Act 1977 (c.49) (referred to in this Act as
“the 1977 Act”)” substitute “section 91(2)(a) of the National Health
30
Service Act 2006 (referred to in this Act as “the 2006 Act”)”, and
(b)
in the definition of “illness” for “section 128(1) of the 1977 Act”
substitute “section 275 of the 2006 Act”.
283
In section 43—
(a)
in subsection (1), for “1977 Act” substitute “National Health Service
35
Act 1977”, and
(b)
in subsection (6), for “section 28WA of the 1977 Act (as inserted by
section 38(1))” substitute “section 117 of the 2006 Act”.
284
In section 58(2)(c), for “section 95 of the 1977 Act” substitute “section 212 of
the 2006 Act or section 160 of the National Health Service (Wales) Act 2006”.
40

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
39

285
For section 70(3) substitute—
“(3)
Section 272(7) and (8) of the 2006 Act, and section 203(9) and (10) of
the National Health Service (Wales) Act 2006 (supplementary
provisions about subordinate legislation) apply in relation to any
power to give directions under this Part.”.
5
286
In section 71, in the definition of “NHS trust”, for “1977 Act” substitute “2006
Act”.
287
In section 72, in subsection (2) of section 67A of the Care Standards Act 2000
(c. 14) as inserted by that section—
(a)
for “the National Health Service Act 1977” substitute “the National
10
Health Service Act 2006”,
(b)
for “section 16D”, in both places, substitute “section 7”.
288
In section 75(5), in the definition of “relevant directions”, after “National
Health Service Act 1977 (c.49)” insert “or section 12 of the National Health
Service (Wales) Act 2006”.
15
289
In section 78(2), for “sections 21(2)(b) and 52(5)(b)” substitute “section
21(2)(b)”.
290
In section 82(1)—
(a)
omit the definition of “the 1977 Act”,
(b)
after the definition of “the 2003 Act” insert—
20
““the 2006 Act” means the National Health Service Act
2006”, and
(c)
in the definition of “the health service”, for “the 1977 Act” substitute
“the 2006 Act”.
291
In paragraph 30(b) of Schedule 8, for “section 28WA of that Act” substitute
25
“section 117 of the National Health Service Act 2006”.
292
In paragraph 33(a) of that Schedule, for ““or 28Q” substitute “, 28Q or
28WA”” substitute ““or 100” substitute “, 100 or 117””.
293
Omit paragraph 34 of that Schedule.
294
In paragraph 37 of that Schedule, for “28WA” substitute “117”.
30
295
In paragraph 40 of that Schedule, for ““subsection (2), or (2B) of section 98
of” substitute “paragraph 4(1) of Schedule 12B to”” substitute ““subsection
(2), or (2B) of section 98 of the National Health Service Act 1977” substitute
“paragraph 3(1) of Schedule 15 to the National Health Service Act 2006””.
296
In paragraph 41 of that Schedule, for “English NHS body (within the
35
meaning of Schedule 12B to the National Health Service Act 1977)”
substitute “NHS body (within the meaning of Schedule 15 to the National
Health Service Act 2006)”.
297
In paragraph 42(3) of that Schedule, for “4(1) of Schedule 12B to the National
Health Service Act 1977” substitute “3(1) of Schedule 15 to the National
40
Health Service Act 2006”.
298
In paragraph 43 of that Schedule, for “paragraph 3 or 4 of Schedule 12B to
the National Health Service Act 1977” substitute “paragraph 2 or 3 of
Schedule 9 to the National Health Service (Wales) Act 2006”.