National Health Service (Consequential Provisions) Bill [HL]

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Session 2005 - 06
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National Health Service (Consequential Provisions) Bill [HL]

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
5

Schedules
Schedule 1
Section 2

Consequential amendments
Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
1
The Voluntary Hospitals (Paying Patients) Act 1936 is amended as follows.
5
2
In section 1—
(a)
in the definition of “NHS trust” for “Part 1 of the National Health
Service and Community Care Act 1990” substitute “the National
Health Service Act 2006 or the National Health Service (Wales) Act
2006”, and
10
(b)
in the definition of “Primary Care Trust” for “section 16A of the
National Health Service Act 1977” substitute “section 18 of the
National Health Service Act 2006”.
Polish Resettlement Act 1947 (c. 19)
3
The Polish Resettlement Act 1947 is amended as follows.
15
4
In section 4(1), for “the National Health Service Act 1977” substitute “the
National Health Service Act 2006”.
National Assistance Act 1948 (c. 29)
5
The National Assistance Act 1948 is amended as follows.
6
In section 21(8), for “the National Health Service Act 1977” substitute “the
20
National Health Service Act 2006 or the National Health Service (Wales) Act
2006”.
7
In section 24(7)—
(a)
for “Part 1 of the National Health Service and Community Care Act
1990” substitute “the National Health Service Act 2006, the National
25
Health Service (Wales) Act 2006”, and
(b)
for “section 16A of the National Health Service Act 1977” substitute
“section 18 of the National Health Service Act 2006”.
8
In section 29(6)(b), for “the National Health Service Act 1977” substitute “the
National Health Service Act 2006 or the National Health Service (Wales) Act
30
2006”.
9
In section 47(8), for “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
6

Law Reform (Personal Injuries) Act 1948 (c. 41)
10
The Law Reform (Personal Injuries) Act 1948 is amended as follows.
11
In section 2(4), for “the National Health Service Act 1977” substitute “the
National Health Service Act 2006 or the National Health Service (Wales) Act
2006”.
5
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
12
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is
amended as follows.
13
In Part 1 of Schedule 2—
(a)
in paragraph 15, for “any other body constituted under the National
10
Health Service Act 1977” substitute “any other body, other than an
NHS foundation trust, constituted under the National Health Service
Act 2006, the National Health Service (Wales) Act 2006”,
(b)
in paragraph 16—
(i)
omit “the National Health Service Act 1977, or”, and
15
(ii)
omit “Primary Care Trust, Health Authority or”.
Landlord and Tenant Act 1954 (c. 56)
14
The Landlord and Tenant Act 1954 is amended as follows.
15
In section 57(6), for “the National Health Service Act 1977” substitute “the
National Health Service Act 2006 or the National Health Service (Wales) Act
20
2006”.
Pharmacy Act 1954 (c. 61)
16
The Pharmacy Act 1954 is amended as follows.
17
In section 13I, for subsection (1)(e) substitute—
“(e)
Schedule 13 to the National Health Service Act 2006,”.
25
Disabled Persons (Employment) Act 1958 (c. 33)
18
The Disabled Persons (Employment) Act 1958 is amended as follows.
19
In section 3(2), for “paragraph 2 of Schedule 8 to the National Health Service
Act 1977” substitute “paragraph 2 of Schedule 20 to the National Health
Service Act 2006 or paragraph 2 of Schedule 15 to the National Health
30
Service (Wales) Act 2006”.
Public Records Act 1958 (c. 51)
20
The Public Records Act 1958 is amended as follows.
21
In paragraph 3(2) of Schedule 1, in Part 1 of the Table, in the first entry
relating to the Department of Health and Social Security—
35
(a)
for “or section 92 of the National Health Service Act 1977” substitute
“, section 92 of the National Health Service Act 1977, section 213 of
the National Health Service Act 2006 or section 161 of the National
Health Service (Wales) Act 2006”,

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
7

(b)
for “or section 90 or 91 of the National Health Service Act 1977”
substitute “, section 90 or 91 of the National Health Service Act 1977,
section 218 of the National Health Service Act 2006 or paragraph 8 of
Schedule 6 to that Act, or paragraph 8 of Schedule 5 to the National
Health Service (Wales) Act 2006”,
5
(c)
for “or under section 92 of the National Health Service Act 1977”
substitute “, under section 213 of the National Health Service Act
2006 or section 161 of the National Health Service (Wales) Act 2006,”
(d)
for “that Act” substitute “the National Health Service Act 1977,
section 218 of the National Health Service Act 2006, paragraph 12 of
10
Schedule 2 to, or paragraph 8 of Schedule 6 to, that Act, or paragraph
8 of Schedule 5 to the National Health Service (Wales) Act 2006”.
Mental Health Act 1959 (c. 72)
22
The Mental Health Act 1959 is amended as follows.
23
In section 8—
15
(a)
in subsection (2), for “Schedule 8 to the National Health Service Act
1977” substitute “Schedule 20 to the National Health Service Act 2006
or Schedule 15 to the National Health Service (Wales) Act 2006”, and
(b)
in subsection (4), for “Schedule 8 to the National Health Service Act
1977” substitute “Schedule 20 to the National Health Service Act 2006
20
or Schedule 15 to the National Health Service (Wales) Act 2006”.
24
In section 142(2), for the words from the beginning to “relates” substitute
“Section 68(4) of the National Health Service Act 2006, and section 28(4) of
the National Health Service (Wales) Act 2006 (which relate”.
25
In section 154(2), for the words from the beginning to “extension” substitute
25
“Section 278(4) of the National Health Service Act 2006 (which provides for
the application”.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
26
The Public Bodies (Admission to Meetings) Act 1960 is amended as follows.
27
In paragraph 1(l) of the Schedule, for “section 5(1) of the National Health
30
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”.
Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)
28
The Superannuation (Miscellaneous Provisions) Act 1967 is amended as
35
follows.
29
In section 7—
(a)
in subsection (1)(a)(i), for “the National Health Service Act 1977”
substitute “the National Health Service Act 2006, the National Health
Service (Wales) Act 2006”,
40
(b)
in subsection (1)(b), for “the said Act of 1977” substitute “the
National Health Service Act 2006 or the National Health Service
(Wales) Act 2006, other than an NHS trust or an NHS foundation
trust”, and

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
8

(c)
in subsection (5), for “the said Act of 1977” substitute “the National
Health Service Act 2006”.
Abortion Act 1967 (c. 87)
30
In section 1(3) of the Abortion Act 1967, for “National Health Service Act
1977” substitute “National Health Service Act 2006”.
5
Leasehold Reform Act 1967 (c. 88)
31
The Leasehold Reform Act 1967 is amended as follows.
32
In section 28(6)(c), for “the National Health Service Act 1977” substitute “the
National Health Service Act 2006 or the National Health Service (Wales) Act
2006”.
10
Health Services and Public Health Act 1968 (c. 46)
33
The Health Services and Public Health Act 1968 is amended as follows.
34
In section 45(4)(b), for “the National Health Service Act 1977” substitute “the
National Health Service Act 2006 or the National Health Service (Wales) Act
2006”.
15
35
In section 59(2), for “Part II of the National Health Service Act 1977”
substitute “Chapter 1 of Part 7 of the National Health Service Act 2006 or
Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006”.
36
In section 59(2B)—
(a)
in paragraph (a), for “section 28 of the Health and Social Care Act
20
2001” substitute “section 134 of the National Health Service Act 2006
or section 92 of the National Health Service (Wales) Act 2006”, and
(b)
in paragraph (b), for “Schedule 8A to the National Health Service Act
1977” substitute “Schedule 12 to the National Health Service Act 2006
or Schedule 7 to the National Health Service (Wales) Act 2006”.
25
37
In section 59(2C), for “Part 1 of the 1977 Act” (in both places) substitute “the
National Health Service Act 2006 or the National Health Service (Wales) Act
2006”.
38
In section 63—
(a)
in subsection (2)(aa), for “Part 1 of the 1977 Act” substitute “either of
30
the 2006 Acts”,
(b)
in subsection (2)(b), for “Part II of the 1977 Act” substitute “Chapter
1 of Part 7 of the National Health Service Act 2006, or Part 6 of, or
Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006”,
(c)
in subsection (2)(bb), for the words from the first “established” to
35
“1977 Act” substitute “or an LPS scheme established under either of
the 2006 Acts”,
(d)
in subsection (5A), for the words from “section 126” to the end
substitute—
“(a)
in the case of regulations made by the Secretary of
40
State, section 272 of the National Health Service Act
2006 applies to regulations made under this
subsection as if this subsection were contained in that
Act,

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
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(b)
in the case of regulations made by the Welsh
Ministers, section 203 of the National Health Service
(Wales) Act 2006 applies to regulations made under
this subsection as if this subsection were contained in
that Act.”,
5
(e)
in subsection (8)—
(i)
for the definition of the “1977 Act” substitute ““2006 Acts”
means the National Health Service Act 2006 and the National
Health Service (Wales) Act 2006”,
(ii)
in paragraph (a), for “1977” substitute “2006”, and
10
(iii)
in paragraph (b), for “National Health Service Act 1977”
substitute “2006 Acts”, and
(f)
in subsection (8A), for “1977 Act have the same meaning in this
section as in that Act” substitute “2006 Acts have the same meaning
in this section as in those Acts”.
15
39
In section 64(3)—
(a)
in paragraph (a), in the second sub-paragraph (xvii), for “the
National Health Service Act 1977” substitute “the National Health
Service Act 2006 and the National Health Service (Wales) Act 2006”,
and
20
(b)
in paragraph (b), for “Part II of the National Health Service Act 1977”
substitute “Chapter 1 of Part 7 of the National Health Service Act
2006, or Part 6 of, or Chapter 1 of Part 7 of, the National Health
Service (Wales) Act 2006”.
40
In section 65(3)(b), in the second sub-paragraph (xix), for “the National
25
Health Service Act 1977” substitute “the National Health Service Act 2006
and the National Health Service (Wales) Act 2006”.
Social Work (Scotland) Act 1968 (c. 49)
41
The Social Work (Scotland) Act 1968 is amended as follows.
42
In section 86(3)—
30
(a)
for “sections 2 and 3 of the National Health Service Act 1977”
substitute “sections 2 and 3 of the National Health Service Act 2006,
sections 2 and 3 of the National Health Service (Wales) Act 2006”,
and
(b)
for “Part 1 of the National Health Service and Community Care Act
35
1990” substitute “the National Health Service Act 2006, the National
Health Service (Wales) Act 2006”.
Medicines Act 1968 (c. 67)
43
The Medicines Act 1968 is amended as follows.
44
In section 131(5), for “the National Health Service Act 1977” substitute “the
40
National Health Service Act 2006, the National Health Service (Wales) Act
2006,”.
45
In section 132(1), in the definition of “health centre” for “section 2 or 3 of the
National Health Service Act 1977” substitute “section 2 or 3 of the National
Health Service Act 2006, section 2 or 3 of the National Health Service (Wales)
45
Act 2006,”.

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
10

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
46
The Employers’ Liability (Compulsory Insurance) Act 1969 is amended as
follows.
47
In section 3(2)(a)—
(a)
for “Part I of that Act” substitute “section 25 of the National Health
5
Service Act 2006, section 18 of the National Health Service (Wales)
Act 2006”,
(b)
for “section 16A of the National Health Service Act 1977” substitute
“section 18 of the National Health Service Act 2006”, and
(c)
for “section 16BA of that Act” substitute “section 11 of the National
10
Health Service (Wales) Act 2006”.
Finance Act 1971 (c. 68)
48
The Finance Act 1971 is amended as follows.
49
In paragraph 1(1) of Schedule 13, for “National Health Service Act 1977”
substitute “National Health Service Act 2006, the National Health Service
15
(Wales) Act 2006”.
Local Government Act 1972 (c. 70)
50
The Local Government Act 1972 is amended as follows.
51
In section 113(4)—
(a)
for “Part 1 of the National Health Service and Community Care Act
20
1990” substitute “section 25 of the National Health Service Act 2006
or section 18 of the National Health Service (Wales) Act 2006”, and
(b)
for “section 16A of the National Health Service Act 1977” substitute
“section 18 of the National Health Service Act 2006”.
House of Commons Disqualification Act 1975 (c. 24)
25
52
The House of Commons Disqualification Act 1975 is amended as follows.
53
In Schedule 1, in Part 2, in the entry relating to a Patients’ Forum, 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”.
54
In Schedule 1, in Part 3—
30
(a)
in the entry relating to a Strategic Health Authority, Health
Authority or Special Health Authority, omit the words from “which
is a relevant authority” to the end,
(b)
in the entry relating to a Primary Care Trust, for “section 16A of the
National Health Service Act 1977” substitute “section 18 of the
35
National Health Service Act 2006”,
(c)
in the entry relating to a National Health Service Trust, for “the
National Health Service and Community Care Act 1990” substitute
“the National Health Service Act 2006, the National Health Service
(Wales) Act”, and
40
(d)
in the entry relating to the President and Deputy President of the
Family Health Services Appeal Authority, for “section 49S of the

National Health Service (Consequential Provisions) Bill [HL]
Schedule 1 — Consequential amendments
11

National Health Service Act 1977” substitute “section 169 of the
National Health Service Act 2006”.
Race Relations Act 1976 (c. 74)
55
The Race Relations Act 1976 is amended as follows.
56
In Part 1 of Schedule 1A—
5
(a)
in paragraph 5—
(i)
after “Strategic Health Authority” insert “established under
section 13 of the National Health Service Act 2006”, and
(ii)
omit “established under section 8 of the National Health
Service Act 1977”,
10
(b)
in paragraph 6, 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 7, for “section 16A of that Act” substitute “section 18 of
the National Health Service Act 2006”, and
15
(d)
in paragraph 8, for “section 5 of the National Health Service and
Community Care Act 1990” substitute “section 25 of that Act, or
section 18 of the National Health Service (Wales) Act 2006”.
Patents Act 1977 (c. 37)
57
The Patents Act 1977 is amended as follows.
20
58
In section 56(4)—
(a)
in paragraph (ai), for “Part 1 of the National Health Service Act
1977”, in both places, substitute “the National Health Service Act
2006, the National Health Service (Wales) Act 2006”,
(b)
in paragraph (i), for “Part II of the National Health Service Act”
25
substitute “Chapter 1 of Part 7 of the National Health Service Act
2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act
2006”, and
(c)
in paragraph (iii)—
(i)
for “section 28 of the Health and Social Care Act 2001”
30
substitute “section 134 of the National Health Service Act
2006, or section 92 of the National Health Service (Wales) Act
2006,” and
(ii)
for “Schedule 8A to the National Health Service Act 1977”
substitute “Schedule 12 to the National Health Service Act
35
2006, or Schedule 7 to the National Health Service (Wales)
Act 2006”.
Acquisition of Land Act 1981 (c. 67)
59
The Acquisition of Land Act 1981 is amended as follows.
60
In section 16(3)—
40
(a)
in paragraph (b), for “Part I of that Act” substitute “section 25 of the
National Health Service Act 2006 or section 18 of the National Health
Service (Wales) Act 2006”,