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National Health Service (Consequential Provisions) Bill [HL]


National Health Service (Consequential Provisions) Bill [HL]
Schedule 3 — Transitory modifications
Part 1 — Transitory modifications relating to primary ophthalmic services

47

 

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).

Schedule 3

Section 5

 

Transitory modifications

10

Part 1

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

1990,

(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

ophthalmic services.

      (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.

 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 3 — Transitory modifications
Part 2 — Other transitory modifications

48

 

Part 2

Other transitory modifications

Section 11 of the National Health Service Act 2006 (c. 00), and section 9 of the National Health

Service (Wales) Act 2006

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

1978”, and

(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

1978”.

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

optometrist in—

(a)   

sections 126 and 275 of, and Schedule 13 to, the National Health

Service Act 2006, and

(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.

 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 3 — Transitory modifications
Part 2 — Other transitory modifications

49

 

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

Service (Wales) Act 2006

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

Service (Wales) Act 2006

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

Service (Wales) Act 2006

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

(2)(b), and

(ii)   

with the omission of subsection (2)(c), and

 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 3 — Transitory modifications
Part 2 — Other transitory modifications

50

 

(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

(2)(b).

Schedule 20 to the National Health Service Act 2006 and Schedule 15 to the National Health

Service (Wales) Act 2006

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

authority.”.

Modifications applicable until the end of the initial period under the Government of Wales Act

2006

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

this Act.

      (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

2006, and

(b)   

paragraph 12(2)(b) of Schedule 3 to the National Health Service

(Wales) Act 2006,

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

Act 1998”.

      (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

 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 4 — Repeals and revocations

51

 

(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

discharged.”.

      (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”.

Schedule 4

25

Section 6

 

Repeals and revocations

 

Short title and chapter or title and

Extent of repeal or revocation

 
 

number

  
 

National Health Service Act

The whole Act.

 
 

1977 (c. 49)

  

30

 

Public Health Laboratory

Section 1(1) and (2).

 
 

Service Act 1979 (c. 23)

Section 3.

 
 

Health Services Act 1980 (c. 53)

Section 3(1).

 
  

Section 5(1).

 
  

Section 8.

 

35

  

Section 21(2).

 
  

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

 
 

(c. 61)

Service Act 1977.

 

40

 

New Towns Act 1981 (c. 64)

In Schedule 12, paragraph 26.

 
 

Acquisition of Land Act 1981

In Schedule 4, paragraph 28.

 
 

(c. 67)

  
 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 4 — Repeals and revocations

52

 
 

Short title and chapter or title and

Extent of repeal or revocation

 
 

number

  
 

Mental Health (Amendment)

In Schedule 3, paragraph 56.

 
 

Act 1982 (c. 51)

  
 

Mental Health Act 1983 (c. 20)

In Schedule 4, paragraph 47.

 

5

 

Health and Social Services and

Section 1.

 
 

Social Security Adjudications

Section 13.

 
 

Act 1983 (c. 41)

Section 15(b).

 
  

In Schedule 5, paragraphs 1 and 2.

 
  

In Schedule 6, paragraph 3.

 

10

  

In Schedule 9, paragraph 21 and 23.

 
 

Medical Act 1983 (c. 54)

In Schedule 5, paragraph 16(b).

 
 

Dentists Act 1984 (c. 24)

In Schedule 5, paragraphs 9 and 10.

 
 

Health and Social Security Act

Section 1(3), (4) and (6).

 
 

1984 (c. 48)

Section 5(2).

 

15

  

Section 9(1).

 
  

In Schedule 1, paragraphs 1 and 3.

 
  

In Schedule 3, paragraphs 1, 3(b) and 8.

 
 

Housing (Consequential

In Schedule 2, paragraph 38.

 
 

Provisions) Act 1985 (c. 71)

  

20

 

Family Practitioner Committees

Article 7.

 
 

(Consequential

  
 

Modifications) Order 1985

  
 

(S.I. 1985/39)

  
 

National Health Service

Section 3(1).

 

25

 

(Amendment) Act 1986 (c. 66)

  
 

AIDS (Control) Act 1987 (c. 33)

In section 1(9), the words ““Health Authority”

 
  

means a Health Authority established under

 
  

section 8 of that Act,”.

 
 

Pharmaceutical Qualifications

Article 4.

 

30

 

(EEC Recognition) Order

  
 

1987 (S.I. 1987/2202)

  
 

Social Security Act 1988 (c. 7)

Section 14(1).

 
 

Community Health Councils

Section 1(6).

 
 

(Access to Information) Act

  

35

 

1988 (c. 24)

  
 

Health and Medicines Act 1988

Section 7(10) and (12).

 
 

(c. 49)

Section 10(1).

 
  

Section 11(1) to (3).

 
  

Section 13(1).

 

40

  

In section 13(2), the words “of Schedule 12 to

 
  

that Act”.

 
  

Section 13(3).

 
  

In Schedule 2, paragraphs 1, 2, 7(3) and (4) and

 
  

8(1).

 

45

 

Children Act 1989 (c. 41)

In Schedule 12, paragraph 34.

 
 

Planning (Consequential

In Schedule 2, paragraph 40.

 
 

Provisions) Act 1990 (c. 11)

  
 

 

National Health Service (Consequential Provisions) Bill [HL]
Schedule 4 — Repeals and revocations

53

 
 

Short title and chapter or title and

Extent of repeal or revocation

 
 

number

  
 

National Health Service and

Section 1(3).

 
 

Community Care Act 1990

Sections 4 to 12.

 
 

(c. 19)

Section 21.

 

5

  

Sections 25 and 26.

 
  

Section 65(2).

 
  

In section 67(4), the words “Part 1 of this Act

 
  

other than section 15(4), does not extend to

 
  

Scotland”.

 

10

  

In Schedule 1, paragraphs 7(1) and 8 to 10.

 
  

Schedules 2 and 3.

 
  

In Schedule 9, paragraph 18.

 
 

Access to Health Records Act

In section 11, the definition of “Health

 
 

1990 (c. 23)

Authority”.

 

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

 

1994 (c. 19)

  
 

Vehicle Excise and Registration

In Schedule 3, paragraph 10.

 
 

Act 1994 (c. 22)

  
 

Health Authorities Act 1995

Section 3(8).

 
 

(c. 17)

In Schedule 1, Part 1, and paragraphs 66, 68 to

 

25

  

72, 78, 79, 85 and 119(4)(a).

 
 

National Health Service

Section 1.

 
 

(Residual Liabilities) Act 1996

  
 

(c. 15)

  
 

Employment Rights Act 1996

In Schedule 1, paragraph 45(2).

 

30

 

(c. 18)

  
 

Education Act 1996 (c. 56)

In Schedule 37, paragraphs 44 to 46.

 
 

Housing Act 1996

In Schedule 2, paragraph 9.

 
 

(Consequential Provisions)

  
 

Order 1996 (S.I. 1996/2325)

  

35

 

Pharmacists (Fitness to Practice)

In the Schedule, paragraph 6.

 
 

Act 1997 (c. 19)

  
 

National Health Service

Section 21(1).

 
 

(Primary Care) Act 1997

Section 22(1).

 
 

(c. 46)

Section 26(1).

 

40

  

Section 27(1).

 
  

Section 28(1).

 
  

Section 29(1).

 
  

Section 31(1).

 
  

Section 34(1).

 

45

  

Section 36.

 
  

In section 40(2), the definition of “the 1977 Act”.

 
  

In Schedule 2, paragraphs 3, 4, 5, 14, 15, 22, 23,

 
  

27, 28, 30, 31 and 65.

 
 

 

 
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