|
| |
|
(3) | Where that liability is brought to an end by this Act and an order of a court |
| |
made before the appointed day requires the making of payments on account |
| |
of that liability, this Act— |
| |
(a) | does not end liability to make payments under the order that should |
| |
have been (but were not) made before the appointed day, and |
| 5 |
(b) | does not prevent enforcement after the appointed day (whether by |
| |
proceedings or otherwise) of the order so far as it relates to payments |
| |
required by it to be made before the appointed day. |
| |
(4) | In this paragraph “the appointed day” means the day appointed under this |
| |
Act for the coming into force of section 139(1)(e). |
| 10 |
Transitional cases under paragraph 19(2) of Schedule 6 to the 1948 Act |
| |
7 (1) | Sub-paragraphs (2) and (3) apply where an order of court, or agreement, |
| |
such as is mentioned in sub-paragraph (2) of paragraph 19 of Schedule 6 to |
| |
the 1948 Act has effect at any time on or after 5th July 1948 by virtue of that |
| |
| 15 |
(2) | If the order or agreement has not ceased to have effect before the appointed |
| |
day, it ceases to have effect as from the beginning of that day; but this is |
| |
subject to sub-paragraph (3). |
| |
(3) | Where the order or agreement ceases to have effect as a result of the |
| |
operation of this Act, this Act— |
| 20 |
(a) | does not end liability to make payments under the order or |
| |
agreement that should have been (but were not) made before the |
| |
| |
(b) | does not prevent enforcement after the appointed day (whether by |
| |
proceedings or otherwise) of the order or agreement so far as it |
| 25 |
relates to payments required by virtue of the order or agreement to |
| |
be made before the appointed day. |
| |
(4) | In this paragraph “the appointed day” means the day appointed under this |
| |
Act for the coming into force of section 139(1)(f). |
| |
Recovery of expenses under section 46 of the Public Health (Control of Disease) Act 1984 |
| 30 |
8 (1) | Sub-paragraphs (3) to (5) apply in relation to expenses incurred under |
| |
subsection (1) or (2) of section 46 of the Public Health (Control of Disease) |
| |
Act 1984 (c. 22) in relation to a person (“E”) whose body has been buried, or |
| |
cremated, as mentioned in that subsection. |
| |
(2) | In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for |
| 35 |
the expenses’ recovery under section 46(5) of that Act from a person (“F”) on |
| |
account of F having, at a time before the appointed day, been for the |
| |
purposes of the 1948 Act liable to maintain E. |
| |
(3) | No liability proceedings may be begun, or continued, on or after the |
| |
appointed day; but this is subject to sub-paragraph (5). |
| 40 |
(4) | Sub-paragraph (3) applies (subject to sub-paragraph (5))— |
| |
(a) | even to expenses incurred before the appointed day, and |
| |
(b) | even where E died before the appointed day. |
| |
(5) | Where liability proceedings begun before the appointed day resulted in a |
| |
court making an order before that day for the recovery of the expenditure |
| 45 |
|
| |
|
| |
|
from F, this Act does not prevent the enforcement of the order (whether by |
| |
proceedings or otherwise) on or after the appointed day. |
| |
(6) | In this paragraph “the appointed day” means the day appointed under this |
| |
Act for the coming into force of section 139(1)(g). |
| |
| 5 |
| |
Further amendments relating to Part 5 |
| |
Children Act 1989 (c. 41) |
| |
1 | In section 17A of the Children Act 1989 (direct payments), after subsection |
| |
(3) (provisions of section 57 of the Health and Social Care Act 2001 apply |
| |
with any necessary modifications) insert— |
| 10 |
“(3A) | The modifications mentioned in subsection (3) include, in particular, |
| |
the omission of the provisions inserted into section 57 of the 2001 Act |
| |
by the Health and Social Care Act 2008.” |
| |
Parliamentary Commissioner Act 1967 (c. 13) |
| |
2 | In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments |
| 15 |
and authorities subject to investigation) insert at the appropriate place— |
| |
“The National Information Governance Board for Health and |
| |
| |
House of Commons Disqualification Act 1975 (c. 24) |
| |
3 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| 20 |
(bodies of which all members are disqualified) insert at the appropriate |
| |
| |
“The National Information Governance Board for Health and |
| |
| |
Freedom of Information Act 2000 (c. 36) |
| 25 |
4 | In Schedule 1 to the Freedom of Information Act 2000 (public authorities) in |
| |
Part 6 (other public bodies and offices) insert at the appropriate place— |
| |
“The National Information Governance Board for Health and |
| |
| |
National Health Service Act 2006 (c. 41) |
| 30 |
5 | In section 271 of the National Health Service Act 2006 (territorial limit of |
| |
exercise of functions) in subsection (3) (which lists the provisions in relation |
| |
to which functions are not exercisable only in relation to England)— |
| |
(a) | after paragraph (f) insert— |
| |
“(fa) | section 250B to 250D (National Information |
| 35 |
| |
(b) | in paragraph (g), for “252 (Patient Information Advisory Group)” |
| |
substitute “252 (consultation with National Information Governance |
| |
| |
|
| |
|
| |
|
6 | In Schedule 1 to the National Health Service Act 2006 (further provision |
| |
about the Secretary of State and services under that Act), in paragraph 3, for |
| |
“2(1)(b)” substitute “2(2)”. |
| |
National Health Service (Wales) Act 2006 (c. 42) |
| |
7 | In Schedule 1 to the National Health Service (Wales) Act 2006 (further |
| 5 |
provision about the Welsh Ministers and services under that Act), in |
| |
paragraph 3, for “2(1)(b)” substitute “2(2)”. |
| |
Safeguarding Vulnerable Groups Act 2006 (c. 47) |
| |
8 | In section 6 of the Safeguarding Vulnerable Groups Act 2006 (regulated |
| |
activity providers), after subsection (8) insert— |
| 10 |
“(8A) | An authority that is a local authority for the purposes of section 17A |
| |
of the Children Act 1989 or section 57 of the Health and Social Care |
| |
Act 2001 (direct payments) does not make arrangements for another |
| |
to engage in a regulated activity by virtue of anything the authority |
| |
| 15 |
(8B) | A person (S) who is someone’s surrogate within the meaning of |
| |
section 57 of the Health and Social Care Act 2001 does not make |
| |
arrangements for another to engage in a regulated activity by virtue |
| |
of anything that S does under subsection (1B)(b) or (1C)(b) of that |
| |
| 20 |
| |
| |
| |
| |
Repeals and revocations relating to Part 1 |
| |
| | Extent of repeal or revocation |
| | 25 | | | | | | | | (a) | paragraph 2(2)(f), and |
| | | | | | | | | Public Records Act 1958 (c. 51) |
| In Schedule 1, in Part 2 of the Table at the end of |
| | | | | | | 30 | | | (a) | the entry for the Commission for |
| | | | | Healthcare Audit and Inspection, and |
| | | | | (b) | the entry for the Commission for Social |
| | | | | | | | | Public Bodies (Admission to |
| In paragraph 1 of the Schedule, paragraphs (bg) |
| | 35 | | Meetings) Act 1960 (c. 67) |
| | | |
|
|
| |
|
| |
|
| | Extent of repeal or revocation |
| | | | Medical Act 1983 (c. 54)—cont. |
| In section 41(7), the words “in accordance with |
| | | | | regulations made by the General Council |
| | | | | | | | | | In section 41A(4), the words from “; and for the |
| | 5 | | | | | | | | | | | | | | | | | | (a) | paragraphs 19A and 19E and the |
| | | | | headings before those paragraphs, and |
| | 10 | | | | | | | | | | | | | (a) | in the heading before paragraph 1, the |
| | | | | words “, Interim Orders Panels and |
| | | | | Fitness to Practise Panels”, |
| | 15 | | | (b) | in paragraph 1(1), the words “, Interim |
| | | | | Orders Panels and Fitness to Practise |
| | | | | | | | | | (c) | in paragraph 1(1)(a), the words “, an |
| | | | | Interim Orders Panel or a Fitness to |
| | 20 | | | | | | | | (d) | in paragraph 1(1)(b), the words “or such |
| | | | | | | | | | (e) | paragraph 1(3) and (4), |
| | | | | (f) | in paragraph 2(1), paragraphs (b) and (c) |
| | 25 | | | and the words “or Panel”, |
| | | | | (g) | in paragraph 2(2), the words “, an |
| | | | | Interim Orders Panel or a Fitness to |
| | | | | | | | | | (h) | in paragraph 2(3), the words “, an |
| | 30 | | | Interim Orders Panel or a Fitness to |
| | | | | Practise Panel” and the words “or Panel” |
| | | | | | | | | | (i) | in paragraph 3(a), the words “, an |
| | | | | Interim Orders Panel or a Fitness to |
| | 35 | | | Practise Panel” and the words “, a |
| | | | | | | | | | (j) | in paragraph 3(b), the words “to a |
| | | | | Fitness to Practise Panel or” and the |
| | | | | | | 40 | | | (k) | paragraph 5A(1)(a)(ii), (3) and (3A), |
| | | | | (l) | paragraph 7(1)(b) and (c), |
| | | | | (m) | in paragraph 7(4), the words “, an |
| | | | | Interim Orders Panel or a Fitness to |
| | | | | | | 45 | | | (n) | in paragraph 7(4)(a), the words “or a |
| | | | | | | | | | (o) | in paragraph 7(4)(a)(ii) and (b), the |
| | | | | words “or the Panel”, and |
| | | | | (p) | in paragraph 13, the words “, an Interim |
| | 50 | | | Orders Panel or Fitness to Practise |
| | | | | | | |
|
|
| |
|
| |
|
| | Extent of repeal or revocation |
| | | | Opticians Act 1989 (c. 44) |
| | | | | | In section 5D(1), the words “the Fitness to |
| | | | | | | | | | In section 13L(11), the words “and rules made |
| | 5 | | | under section 23C below”. |
| | | | | | | | | | (a) | in the heading, the words “Fitness to |
| | | | | Practise Committee and”, and |
| | | | | (b) | subsection (1)(a) and the word “or” |
| | 10 | | | | | | | | | | | | | | | | | | (a) | subsection (1)(a)(i) and the word “and” |
| | | | | | | 15 | | | (b) | subsection (2)(e) and (f). |
| | | | | Section 23D(2)(a) and the word “and” following |
| | | | | | | | | | In section 23E(3) and (4), the words “the Fitness |
| | | | | to Practise Committee and”. |
| | 20 | | | In section 60(2)(a), the words “the Pharmacy Act |
| | | | | | | | | | | | | | | (a) | paragraph 7(2) and (3), |
| | | | | (b) | in paragraph 10, the words from “and |
| | 25 | | | other expressions” to the end, and |
| | | | | | | | | National Health Service Reform |
| In section 25(6), the words “and (3)”. |
| | | | and Health Care Professions |
| | | | | | | | 30 | | | | | | | | (b) | in paragraph (e), the words from “(other |
| | | | | than a determination” to the end, and |
| | | | | | | | | | In Schedule 7, paragraphs 20 to 24. |
| | 35 | | | In Schedule 5, the entry relating to the Council |
| | | | | for the Regulation of Health Care |
| | | | | | | |
|
|
| |
| 40 |
| | Extent of repeal or revocation |
| | | | Local Government, Planning |
| In section 159(1), paragraph (e) and the word |
| | | | and Land Act 1980 (c. 65) |
| “and” immediately preceding it. |
| | | | Public Health (Control of |
| | | | | Disease) Act 1984 (c. 22) |
| In section 5(3), the words “or rating districts”. |
| | 45 | | | | | | | | | | |
|
|
| |
|