House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

National Health Service (Consequential Provisions) Bill [HL]


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

40

 

299        

In paragraph 44 of that Schedule—

(a)   

in sub-paragraph (2), for ““section 98(4) of” substitute “paragraph 8

or 9 of Schedule 12B to”” substitute ““section 98(4) of the National

Health Service Act 1977 (requirement to prepare summarised

accounts)” substitute “paragraph 7 of Schedule 15 to the National

5

Health Service Act 2006 or paragraph 5 of Schedule 9 to the National

Health Service (Wales) Act 2006””,

(b)   

in sub-paragraph (3), for “an English NHS body” substitute “an NHS

body within the meaning of paragraph 1 of Schedule 15 to the

National Health Service Act 2006, other than one to which paragraph

10

1(2)(b) of that Schedule applies,”,

(c)   

in sub-paragraph (4), for “a Welsh NHS body” substitute “an NHS

body within the meaning of paragraph 1 of Schedule 9 to the

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

(d)   

omit sub-paragraph (5).

15

300        

In paragraph 45(2)(b) of that Schedule, for ““or 28Q” substitute “, 28Q or

28WA”” substitute ““or 100” substitute “, 100 or 117””.

301        

In paragraph 62 of that Schedule, for “4(2) of Schedule 12B to the National

Health Service Act 1977” substitute “3(1) of Schedule 9 to the National

Health Service (Wales) Act 2006”.

20

Government of Wales Act 2006 (c. 32)

302        

The Government of Wales Act 2006 is amended as follows.

303        

In section 148(2)(g), for “National Health Service Act 1977” substitute

“National Health Service (Wales) Act 2006”.

304        

In Schedule 11, in paragraph 35(4), in Table 2, omit—

25

(a)   

the entries relating to the National Health Service Act 1977 (c. 49),

and

(b)   

the entry relating to section 24(4) and (5) of the National Health

Service Reform and Health Care Professions Act 2002 (c. 17).

Commissioner for Older People (Wales) Act 2006 (c. 30)

30

305        

The Commissioner for Older People (Wales) Act 2006 is amended as follows.

306        

In section 27(1)—

(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 57 of the

35

National Health Service (Wales) Act 2006”,

(ii)   

in paragraph (b), for “general ophthalmic services or

pharmaceutical services under Part 2” substitute “general

ophthalmic services under Part 6 of that Act, or

pharmaceutical services under Chapter 1 of Part 7”,

40

(iii)   

in paragraph (c), for “primary medical or dental services in

accordance with arrangements made under section 28C of

that Act” substitute “primary medical services or primary

dental services in accordance with arrangements made under

section 50 or 64 of that Act”, and

45

(iv)   

omit paragraph (d), and

 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 2 — Transitional and saving provision
Part 1 — General provisions

41

 

(b)   

in the definition of “NHS trust” for “National Health Service Act

1977” substitute “National Health Service (Wales) Act 2006”.

NHS Redress Act 2006 (c. 00)

307        

The NHS Redress Act 2006 is amended as follows.

308        

In section 1(6)—

5

(a)   

in paragraph (d)—

(i)   

for “section 41 of that Act” substitute “section 126 of the

National Health Service Act 2006”, and

(ii)   

for “section 41A” substitute “section 127”, and

(b)   

in paragraph (e), for the words from “section 41” to the end of the

10

paragraph substitute “section 126 of that Act, or by virtue of section

127 of that Act, which are provided under Schedule 12 to that Act

(local pharmaceutical services schemes) or under section 134 of that

Act (local pharmaceutical services pilot schemes)”.

309        

In section 1(7), for “Part 1 of the National Health Service Act 1977” substitute

15

“the National Health Service Act 2006”.

310        

In section 1(11), for “the National Health Service Act 1977” substitute “the

National Health Service Act 2006”.

311        

In section 11(3), for “Section 11(1) of the National Health Service Act 1977”

substitute “Section 28(1) of the National Health Service Act 2006 and section

20

22(1) of the National Health Service (Wales) Act 2006”.

312        

In section 18(1), in the definitions of “health service”, “illness” and “patient”,

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

Service Act 2006”.

Schedule 2

25

Section 4

 

Transitional and saving provision

Part 1

General provisions

Continuity of the law

1     (1)  

The repeal and re-enactment of provisions by the consolidating Acts does

30

not affect the continuity of the law.

      (2)  

Any subordinate legislation made or other thing done, or having effect as if

made or done, under or for the purposes of any provision repealed and re-

enacted by the consolidating Acts, if in force or effective immediately before

the commencement of the corresponding provision of the consolidating

35

Acts, has effect thereafter as if made or done under or for the purposes of

that corresponding provision.

      (3)  

Any reference (express or implied) in the consolidating Acts or any other

enactment or in any instrument or document—

(a)   

to any provision of the consolidating Acts, or

40

 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 2 — Transitional and saving provision
Part 1 — General provisions

42

 

(b)   

to things done or falling to be done under or for the purposes of any

provision of the consolidating Acts,

           

must (to the extent that the context allows) be construed as including, in

relation to times, circumstances or purposes in relation to which the

corresponding provision repealed by the consolidating Acts had effect, a

5

reference to that corresponding provision or to things done or falling to be

done under or for the purposes of that corresponding provision.

      (4)  

Any reference (express or implied) in any enactment or in any instrument or

document—

(a)   

to any provision repealed and re-enacted by the consolidating Acts,

10

or

(b)   

to things done or falling to be done under or for the purposes of any

such provision,

           

must (to the extent that the context allows) be construed as including, in

relation to times, circumstances or purposes in relation to which the

15

corresponding provision of the consolidating Acts has effect, a reference to

that corresponding provision or to things done or falling to be done under

or for the purposes of that corresponding provision.

      (5)  

Where a power conferred by an Act is expressed to be exercisable in relation

to enactments contained in Acts passed before or in the same Session as the

20

Act conferring the power, the power is also exercisable in relation to

provisions of the consolidating Acts which reproduce such enactments.

      (6)  

The powers (which relate to the making of supplementary and

consequential provision) in—

(a)   

section 41(13) of the National Health Service (Primary Care) Act 1997

25

(c. 46)

(b)   

section 63 of the Health Act 1999 (c. 8) (including the power in that

section as particularised by section 13(4) of that Act),

(c)   

section 65 of the Health and Social Care Act 2001 (c. 15),

(d)   

section 39 of the National Health Service Reform and Health Care

30

Professions Act 2002 (c. 17),

(e)   

section 201 of the Health and Social Care (Community Health and

Standards) Act 2003 (c. 43), and

(f)   

section 80 of the Health Act 2006 (c. 28),

           

are, so far as they were exercisable in relation to any provision repealed and

35

re-enacted by the consolidating Acts, exercisable in relation to the

corresponding provision of the consolidating Acts.

      (7)  

Sub-paragraphs (5) and (6) do not affect the generality of sub-paragraph (4).

      (8)  

Sub-paragraphs (1) to (6) have effect instead of section 17(2) of the

Interpretation Act 1978 (c. 30) (but that does not affect any other provision

40

of that Act).

      (9)  

Sub-paragraph (2) does not apply to any subordinate legislation in so far as

it is reproduced in this Act.

Effect of old transitional provisions and savings

2          

The repeals made by this Act do not affect the operation of any transitional

45

provision or saving relating to the coming into force of a provision

reproduced in the consolidating Acts in so far as the transitional provision

 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 2 — Transitional and saving provision
Part 2 — Particular savings

43

 

or saving is not specifically reproduced in the consolidating Acts but

remains capable of having effect in relation to the corresponding provision

of the consolidating Acts or otherwise.

3     (1)  

The repeal by this Act of an enactment previously repealed subject to

savings does not affect the continued operation of those savings.

5

      (2)  

The repeal by this Act of a saving on the previous repeal of an enactment

does not affect the saving so far as it is not specifically reproduced in the

consolidating Acts but remains capable of having effect.

Use of existing forms etc

4          

Any reference to an enactment repealed by this Act which is contained in a

10

document made, served or issued after the commencement of that repeal

must be construed, except so far as a contrary intention appears, as a

reference or (as the context requires) including a reference to the

corresponding provision of the consolidating Acts.

Pre-commencement offences

15

5          

Nothing in the consolidating Acts affects the provisions repealed by this Act

in their operation in relation to offences committed before the

commencement of the consolidating Acts.

Interpretation

6          

In this Schedule “repeal” includes (so far as the context permits) revoke or

20

revocation.

Part 2

Particular savings

Section 6(6) of the Health Authorities Act 1995 (c. 17)

7          

Notwithstanding the repeal by this Act of section 126 of the National Health

25

Service Act 1977 (c. 49), subsections (4) and (5) of that section continue to

have effect for the purpose of the reference to those subsections in section

6(6) of the Health Authorities Act 1995.

Article 2(c) of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/

672)

30

8     (1)  

This paragraph applies to any function conferred by or under any provision

re-enacted by the consolidating Acts which, immediately before the

commencement of the corresponding provision of the consolidating Acts,

was a function to which Article 2(c) of the National Assembly for Wales

(Transfer of Functions) Order 1999 applied (concurrent exercise of functions

35

in relation to a cross-border body).

      (2)  

Article 2(c) of the Order continues to have effect in relation to the function

conferred by or under the corresponding provision of the consolidating

Acts.

 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 2 — Transitional and saving provision
Part 2 — Particular savings

44

 

Definitions

9          

In section 126(9) of the National Health Service Act 2006 (c. 00) and section

80(9) of the National Health Service (Wales) Act 2006, the meaning of

“colony” is subject to paragraph 4(3) of Schedule 2 to the Interpretation Act

1978 (c. 30).

5

10         

In sections 80, 211 and 217 of the National Health Service Act 2006, and

sections 38, 159 and 165 of the National Health Service (Wales) Act 2006, the

meaning of “land” is subject to paragraph 5(b) of Schedule 2 to the

Interpretation Act 1978.

11    (1)  

The definition of “local authority” in section 275 of the National Health

10

Service Act 2006 and section 206 of the National Health Service (Wales) Act

2006 includes—

(a)   

any joint board constituted under the Public Health Act 1936 (c. 49)

or under the Public Health (London) Act 1936 (c. 50) or any

enactment repealed by either of those Acts, and

15

(b)   

any port health authority constituted under either of those Acts or

under an Act passed before those Acts.

      (2)  

Sub-paragraph (1) does not apply to—

(a)   

sections 24, 75, 77, 78, 237, 245 and 247 of the National Health Service

Act 2006, or

20

(b)   

sections 17, 33, 35, 36, 40 and 185 of the National Health Service

(Wales) Act 2006.

Powers to make regulations exercisable jointly with the Treasury

12    (1)  

Any power to make regulations conferred by a provision of the National

Health Service Act 2006 which is a provision corresponding to a provision of

25

the National Health Service Act 1977 (c. 49) or of Part 1 of the National

Health Service and Community Care Act 1990 (c. 19) is, if the Treasury so

directs, exercisable by the Treasury and the Secretary of State acting jointly.

      (2)  

Sub-paragraph (1) does not apply to a power to make regulations conferred

by section 172(1)(a) or 179(3) or (5) of the National Health Service Act 2006.

30

Article 4 of the National Health Service (Pre-consolidation Amendments) Order 2006 (S.I.

2006/1407)

13         

Notwithstanding the revocation of Article 4 of the National Health Service

(Pre-consolidation Amendments) Order 2006, the saving provided for by

that Article (determinations in relation to remuneration in respect of services

35

under Part 2 of the National Health Service Act 1977) continues to have

effect.

Former functions of Health Authorities ceasing to be exercisable by Local Health Boards

14         

Paragraph 15 applies if the functions of Health Authorities which—

(a)   

were transferred to the National Assembly for Wales by the Health

40

Authorities (Transfer of Functions, Staff, Property, Rights and

Liabilities and Abolition) (Wales) Order 2003 (S.I. 2003/813 (W.98)),

and

 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 2 — Transitional and saving provision
Part 2 — Particular savings

45

 

(b)   

are exercisable by Local Health Boards by virtue of directions under

section 16BB of the National Health Service Act 1977 (c. 49) or section

12 of the National Health Service (Wales) Act 2006 (c. 00),

           

cease to be so exercisable.

15         

If this paragraph applies—

5

(a)   

section 50 of the National Health Service (Wales) Act 2006 has effect

as if after subsection (7) there were inserted—

“(8)   

This Act has effect, in relation to primary medical services

provided under an agreement, as if those services were

provided as a result of the delegation by the Welsh Ministers

10

of their functions (by directions given under section 12 or

24).”,

(b)   

section 64 of that Act has effect as if after subsection (5) there were

inserted—

“(8)   

This Act has effect, in relation to primary dental services

15

provided under an agreement, as if those services were

provided as a result of the delegation by the Welsh Ministers

of their functions (by directions given under section 12 or

24).”,

(c)   

that Act has effect as if for section 85 there were substituted—

20

“85     

Power to charge

(1)   

The Welsh Ministers may charge a fee to persons who make

an application to them referred to in section 83(2)(c)(i) or (ii).

(2)   

The Welsh Ministers may determine the amount of the fee as

they think fit, and may in particular charge a flat fee or charge

25

different fees in different cases or descriptions of case.

(3)   

Before determining the amount of the fee, the Welsh

Ministers must consult such organisations as they think fit

that appear to them to represent persons providing

pharmaceutical services.

30

(4)   

The Welsh Ministers must publish in such manner as they

think fit any fee they determine and any directions they give

under this section.”, and

(d)   

that Act has effect as if for section 99 there were substituted—

“99     

Application of this Act

35

This Act has effect in relation to piloted services—

(a)   

subject to any provision of, or made under, this

Chapter, section 103 (application of enactments) or

section 127 (charges for local pharmaceutical

services), but

40

(b)   

otherwise as if those services were provided as a

result of the delegation by the Welsh Ministers of

their functions (by directions given under section

12).”.

 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 2 — Transitional and saving provision
Part 2 — Particular savings

46

 

Provision made by virtue of the Local Health Boards (Functions) (Wales) Regulations 2003

(S.I. 2003/150 (W.20))

16         

Nothing in any provision made in the consolidating Acts by virtue of the

Local Health Boards (Functions) (Wales) Regulations 2003 (“the Functions

Regulations”) affects—

5

(a)   

the power of the Welsh Ministers to exercise the functions

exercisable under the Functions Regulations,

(b)   

the application to the Functions Regulations of section 31 of the

National Health Service (Wales) Act 2006 (c. 00),

(c)   

the application to Local Health Boards of regulation 3(1) of the

10

Functions Regulations (exercise of functions to be subject to any

prohibitions or restrictions in an LHB order),

(d)   

the application to Local Health Boards of the Schedule to the

Functions Regulations (excepted functions),

(e)   

any power to amend, revoke or remake the Functions Regulations, or

15

(f)   

any power to make further regulations under section 12 of the

National Health Service (Wales) Act 2006 (including regulations

which amend or repeal provisions of the consolidating Acts made by

virtue of the Functions Regulations).

“Relevant Assembly functions” under paragraph 30 of Schedule 11 to the Government of

20

Wales Act 2006

17         

If, apart from provision made by the consolidating Acts, a function under

those Acts would be a relevant Assembly function for the purposes of

paragraph 30 of Schedule 11 to the Government of Wales Act 2006, that

function is a relevant Assembly function for that purpose, notwithstanding

25

any provision made by the consolidating Acts.

References to the National Assembly for Wales in the National Health Service (Wales) Act

2006

18         

References in the National Health Service (Wales) Act 2006 to the National

Assembly for Wales are, apart from the reference in section 160(1)(b),

30

references to that Assembly as constituted by the Government of Wales Act

2006.

Section 13(3), (4) and (10) of the Health Act 1999 (c. 8)

19         

Notwithstanding the repeal by this Act of section 13(3), (4) and (10) of the

Health Act 1999

35

(a)   

any order under section 5(1) of the National Health Service and

Community Care Act 1990 (c. 19)—

(i)   

must be treated as always having had effect with the

omission of any obligation for the NHS trust to which the

order relates to own land specified in the order, and

40

(ii)   

so far as any functions specified in it could have been

specified under that provision as amended by the Health Act

1999, must be treated as having been made under that

provision as so amended,

(b)   

any restriction preventing the acquisition of any land by any NHS

45

trust (including an NHS trust dissolved before the commencement of

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 12 October 2006