|
| |
|
section 13 of the Health Act 1999) merely because the land did not |
| |
comprise a hospital or other establishment or facility previously |
| |
managed or provided by a Health Authority, a Special Health |
| |
Authority, a Regional Health Authority or a District Health |
| |
Authority, must be treated as never having had effect, and |
| 5 |
(c) | the National Health Service and Community Care Act 1990 (c. 19) |
| |
must be treated as always having had effect subject to the |
| |
amendments made by section 13 of the Health Act 1999 (c. 8). |
| |
| |
| |
| 10 |
| |
Transitory modifications relating to primary ophthalmic services |
| |
1 (1) | “The law relating to primary ophthalmic services” means sections 37 to 41 |
| |
of, and paragraphs 7 to 9, 11, 12(a), 13(2), (5) and (6), 15, 16, 17, 21(b), 22, 29, |
| |
46 and 50 of Schedule 8 to, the Health Act 2006 (c. 28) and— |
| 15 |
(a) | the National Health Service Act 1977 (c. 49), |
| |
(b) | section 4A of the National Health Service and Community Care Act |
| |
| |
(c) | Schedule 1 to the Health and Social Care Act 2001 (c. 15), and |
| |
(d) | section 17(1) of the National Health Service Reform and Health Care |
| 20 |
Professions Act 2002 (c. 17), |
| |
| to the extent that a provision mentioned in any of paragraphs (a) to (d), as |
| |
amended by any such provision of the 2006 Act, relates to primary |
| |
| |
(2) | “General ophthalmic services” means general ophthalmic services within |
| 25 |
the meaning of section 38 of the National Health Service Act 1977. |
| |
(3) | This paragraph applies if the law relating to primary ophthalmic services |
| |
has not come into force before the commencement of this Act. |
| |
(4) | Until the coming into force of that law, and notwithstanding any repeal or |
| |
revocation made by this Act— |
| 30 |
(a) | no reference in the National Health Service Act 2006 (c. 00), the |
| |
National Health Service (Wales) Act 2006 or an Act as amended by |
| |
this Act to primary ophthalmic services, or to a general ophthalmic |
| |
services contract, has effect, and |
| |
(b) | the law as it applies in England relating to general ophthalmic |
| 35 |
services continues to have effect. |
| |
|
| |
|
| |
|
| |
Other transitory modifications |
| |
Section 11 of the National Health Service Act 2006 (c. 00), and section 9 of the National Health |
| |
| |
2 (1) | This paragraph applies if sub-paragraphs (a) and (b) of paragraph 5 of the |
| 5 |
Smoking, Health and Social Care (Scotland) Act 2005 (Consequential |
| |
Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. |
| |
2006/1056) have not come into force before the commencement of this Act. |
| |
(2) | Until the coming into force of those sub-paragraphs— |
| |
(a) | section 11 of the National Health Service Act 2006 has effect— |
| 10 |
(i) | with the omission of subsection (1)(d), and |
| |
(ii) | as if, in subsection (7)(b), there were inserted at the end “or |
| |
section 27(2) of the National Health Service (Scotland) Act |
| |
| |
(b) | section 9 of the National Health Service (Wales) Act 2006 has effect— |
| 15 |
(i) | with the omission of subsection (1)(d), and |
| |
(ii) | as if, in subsection (4), in paragraph (b) of the definition of |
| |
“pharmaceutical list” there were inserted at the end “or |
| |
section 27(2) of the National Health Service (Scotland) Act |
| |
| 20 |
3 (1) | This paragraph applies if sub-paragraph (c) of paragraph 5 of the Smoking, |
| |
Health and Social Care (Scotland) Act 2005 (Consequential Modifications) |
| |
(England, Wales and Northern Ireland) Order 2006 has not come into force |
| |
before the commencement of this Act. |
| |
(2) | Until the coming into force of that sub-paragraph— |
| 25 |
(a) | section 11 of the National Health Service Act 2006 has effect with the |
| |
omission of subsection (6), and |
| |
(b) | section 9 of the National Health Service (Wales) Act 2006 has effect |
| |
with the omission of subsection (5). |
| |
Sections 126 and 275 of, and Schedule 13 to, the National Health Service Act 2006, and section |
| 30 |
71, 72, 78, 80, 109, 190, 198 and 206 of the National Health Service (Wales) Act 2006 |
| |
4 (1) | This paragraph applies if paragraphs 10, 12(b), 13(3) and (4), 14, 18, 19, 21(a), |
| |
24(b) and 25 of Schedule 8 to the Health Act 2006 have not come into force |
| |
before the commencement of this Act. |
| |
(2) | Until the coming into force of those paragraphs, the references to an |
| 35 |
| |
(a) | sections 126 and 275 of, and Schedule 13 to, the National Health |
| |
| |
(b) | sections 71, 72, 78, 80, 109, 190, 198 and 206 of the National Health |
| |
Service (Wales) Act 2006, |
| 40 |
| have effect as references to an ophthalmic optician. |
| |
|
| |
|
| |
|
Section 128 of the National Health Service Act 2006 (c. 00), and section 82 of the National |
| |
Health Service (Wales) Act 2006 |
| |
5 (1) | This paragraph applies if paragraph 3 of Schedule 2 to the Smoking, Health |
| |
and Social Care (Scotland) Act 2005 (Consequential Modifications) |
| |
(England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056) has not |
| 5 |
come into force before the commencement of this Act. |
| |
(2) | Until the coming into force of that paragraph, section 128 of the National |
| |
Health Service Act 2006 and section 82 of the National Health Service |
| |
(Wales) Act 2006 have effect— |
| |
(a) | with the omission of subsection (2)(b), and |
| 10 |
(b) | as if, in subsection (6)(b), there were inserted at the end “or section |
| |
27(2) of the National Health Service (Scotland) Act 1978”. |
| |
Section 129 of the National Health Service Act 2006, and section 83 of the National Health |
| |
| |
6 (1) | This paragraph applies if section 35 of the Health Act 2006 has not come into |
| 15 |
force before the commencement of this Act. |
| |
(2) | Until the coming into force of that section, section 129 of the National Health |
| |
Service Act 2006 and section 83 of the National Health Service (Wales) Act |
| |
2006 have effect with the omission of subsections (4) and (5). |
| |
Section 132 of the National Health Service Act 2006, and section 86 of the National Health |
| 20 |
| |
7 (1) | This paragraph applies if subsection (1) of section 36 of the Health Act 2006 |
| |
has not come into force before the commencement of this Act. |
| |
(2) | Until the coming into force of that subsection, section 132 of the National |
| |
Health Service Act 2006 and section 86 of the National Health Service |
| 25 |
(Wales) Act 2006 have effect as if for subsection (2) there were substituted— |
| |
“(2) | No arrangements for the dispensing of medicines may be made |
| |
(except as may be provided by or under regulations) with persons |
| |
other than persons who are registered pharmacists, or are persons |
| |
lawfully conducting a retail pharmacy business in accordance with |
| 30 |
section 69 of the Medicines Act 1968 and who undertake that all |
| |
medicines supplied by them under the arrangements made under |
| |
this Chapter will be dispensed either by or under the direct |
| |
supervision of a registered pharmacist.”. |
| |
Section 180 of the National Health Service Act 2006 and section 129 of the National Health |
| 35 |
| |
8 (1) | This paragraph applies if subsection (2) of section 42 of the Health Act 2006 |
| |
has not come into force before the commencement of this Act. |
| |
(2) | Until the coming into force of that subsection— |
| |
(a) | section 180 of the National Health Service Act 2006 has effect— |
| 40 |
(i) | with the omission of the words “or equal to” in subsection |
| |
| |
(ii) | with the omission of subsection (2)(c), and |
| |
|
| |
|
| |
|
(b) | section 129 of the National Health Service (Wales) Act 2006 (c. 00) has |
| |
effect with the omission of the words “or equal to” in subsection |
| |
| |
Schedule 20 to the National Health Service Act 2006 and Schedule 15 to the National Health |
| |
| 5 |
9 (1) | This paragraph applies if subsection (7) of section 45 of the Nationality, |
| |
Immigration and Asylum Act 2002 (c. 41) has not come into force before the |
| |
commencement of this Act. |
| |
(2) | Until the coming into force of that subsection, Schedule 20 to the National |
| |
Health Service Act 2006 and Schedule 15 to the National Health Service |
| 10 |
(Wales) Act 2006 have effect as if for paragraph 2(7) there were substituted— |
| |
“(7) | Subsections (3) and (5) to (8) of section 95 of the Immigration and |
| |
Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply |
| |
for the purposes of sub-paragraph (6) as they apply for the |
| |
purposes of that section, but for the references to the Secretary of |
| 15 |
State in subsections (5) and (7) of that section and in that |
| |
paragraph substitute references to a local social services |
| |
| |
Modifications applicable until the end of the initial period under the Government of Wales Act |
| |
| 20 |
10 (1) | This paragraph applies if the initial period, within the meaning of the |
| |
Government of Wales Act 2006, has not ended before the commencement of |
| |
| |
(2) | Until the end of the initial period any reference to the Welsh Ministers in the |
| |
consolidating Acts, and in an Act as amended by this Act, has effect as a |
| 25 |
reference to the National Assembly for Wales constituted by the |
| |
Government of Wales Act 1998 (c. 38). |
| |
(3) | For that purpose, functions of the National Assembly for Wales exercisable |
| |
by virtue of this paragraph are functions falling within paragraph 23(2) of |
| |
Schedule 11 to the Government of Wales Act 2006. |
| 30 |
(4) | Until the end of the initial period— |
| |
(a) | paragraph 12(2)(b) of Schedule 4 to the National Health Service Act |
| |
| |
(b) | paragraph 12(2)(b) of Schedule 3 to the National Health Service |
| |
| 35 |
| have effect as if for “paragraph 19 of Schedule 8 to the Government of Wales |
| |
Act 2006” there were substituted “section 96A of the Government of Wales |
| |
| |
(5) | Until the end of the initial period, section 157(2) and (3) and section 203(4) to |
| |
(8) of the National Health Service (Wales) Act 2006 do not have effect, but |
| 40 |
section 44 of the Government of Wales Act 1998 applies in relation to |
| |
subordinate legislation made by the National Assembly for Wales by virtue |
| |
of this paragraph, so far as the context requires. |
| |
(6) | Until the end of the initial period, Schedule 4 to the National Health Service |
| |
(Wales) Act 2006 has effect— |
| 45 |
|
| |
|
| |
|
(a) | as if for paragraph 1(4) there were substituted— |
| |
“(4) | An NHS trust’s originating capital is deemed to have been |
| |
issued out of moneys provided by Parliament and is an |
| |
asset of the Consolidated Fund.”, and |
| |
(b) | as if for paragraph 4(2) and (3) there were substituted— |
| 5 |
“(2) | Immediately after a guarantee is given under this |
| |
paragraph, a statement of the guarantee must be laid |
| |
before, and published by, the National Assembly for Wales |
| |
constituted under the Government of Wales Act 1998. |
| |
(3) | Where any sum is issued for fulfilling a guarantee so given, |
| 10 |
a statement relating to that sum must be laid before, and |
| |
published by, the National Assembly for Wales |
| |
constituted under the Government of Wales Act 1998 as |
| |
soon as possible after the end of each financial year |
| |
beginning with that in which the sum is issued and ending |
| 15 |
with that in which all liability in respect of the principal of |
| |
the sum and in respect of interest on it is finally |
| |
| |
(7) | Until the end of the initial period, paragraph 5(6) of Schedule 9 to the |
| |
National Health Service (Wales) Act 2006 (c. 00) has effect as if for paragraph |
| 20 |
(b) there were substituted— |
| |
“(b) | lay copies of them and his report on them before the |
| |
National Assembly for Wales constituted under the |
| |
Government of Wales Act 1998”. |
| |
| 25 |
| |
| |
| Short title and chapter or title and |
| Extent of repeal or revocation |
| | | | | | | | | National Health Service Act |
| | | | | | | | 30 | | | | | | | | | | | | Health Services Act 1980 (c. 53) |
| | | | | | | | | | | | | 35 | | | | | | | | In Schedule 1, paragraphs 52, 66, 68, 77 and 83. |
| | | | | In Schedule 5, paragraphs 1, 2(1), 2(5) and 4. |
| | | | British Nationality Act 1981 |
| In Schedule 7, the entry for the National Health |
| | | | | | | 40 | | New Towns Act 1981 (c. 64) |
| In Schedule 12, paragraph 26. |
| | | | Acquisition of Land Act 1981 |
| In Schedule 4, paragraph 28. |
| | | | | | | |
|
|
| |
|
| |
|
| Short title and chapter or title and |
| Extent of repeal or revocation |
| | | | | | | | | National Health Service and |
| | | | | | | | | | | | | 5 | | | | | | | | | | | | | In section 67(4), the words “Part 1 of this Act |
| | | | | other than section 15(4), does not extend to |
| | | | | | | 10 | | | In Schedule 1, paragraphs 7(1) and 8 to 10. |
| | | | | | | | | | In Schedule 9, paragraph 18. |
| | | | Access to Health Records Act |
| In section 11, the definition of “Health |
| | | | | | | 15 | | Health and Personal Social |
| Article 7(1), (3) to (5) and (9). |
| | | | Services (Northern Ireland |
| | | | | Consequential Amendments) |
| | | | | Order 1991 (S.I. 1991/195) |
| | | | | Local Government (Wales) Act |
| In Schedule 10, paragraph 11. |
| | 20 | | | | | | | Vehicle Excise and Registration |
| In Schedule 3, paragraph 10. |
| | | | | | | | | Health Authorities Act 1995 |
| | | | | | In Schedule 1, Part 1, and paragraphs 66, 68 to |
| | 25 | | | 72, 78, 79, 85 and 119(4)(a). |
| | | | | | | | | (Residual Liabilities) Act 1996 |
| | | | | | | | | | Employment Rights Act 1996 |
| In Schedule 1, paragraph 45(2). |
| | 30 | | | | | | | Education Act 1996 (c. 56) |
| In Schedule 37, paragraphs 44 to 46. |
| | | | | In Schedule 2, paragraph 9. |
| | | | (Consequential Provisions) |
| | | | | Order 1996 (S.I. 1996/2325) |
| | | 35 | | Pharmacists (Fitness to Practice) |
| In the Schedule, paragraph 6. |
| | | | | | | | | | | | | | | | | | | | | | 40 | | | | | | | | | | | | | | | | | | | | | | | | | 45 | | | | | | | | In section 40(2), the definition of “the 1977 Act”. |
| | | | | In Schedule 2, paragraphs 3, 4, 5, 14, 15, 22, 23, |
| | | | | | | |
|
|
| |
|