Health and Social Care Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 13 — Transitional provisions relating to s. 139
185

      (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
sub-paragraph.
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
appointed day, and
(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

Health and Social Care Bill
Schedule 14 — Further amendments relating to Part 5
186

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).
Schedule 14
5
Section 152

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
Social Care.”
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
place—
“The National Information Governance Board for Health and
Social Care.”
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
Social Care.”
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
Governance Board),”, and
(b)
in paragraph (g), for “252 (Patient Information Advisory Group)”
substitute “252 (consultation with National Information Governance
Board)”.

Health and Social Care Bill
Schedule 15 — Repeals and revocations
Part 1 — Repeals and revocations relating to Part 1
187

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
does under that section.
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
section.”
20
Schedule 15
Section 158

Repeals and revocations
Part 1
Repeals and revocations relating to Part 1

Title and reference
Extent of repeal or revocation

25

Prison Act 1952 (c. 52)
In Schedule A1—

(a)
paragraph 2(2)(f), and

(b)
paragraph 3(2)(c).

Public Records Act 1958 (c. 51)
In Schedule 1, in Part 2 of the Table at the end of

paragraph 3—

30

(a)
the entry for the Commission for

Healthcare Audit and Inspection, and

(b)
the entry for the Commission for Social

Care Inspection.

Public Bodies (Admission to
In paragraph 1 of the Schedule, paragraphs (bg)

35

Meetings) Act 1960 (c. 67)
and (bh).

Health and Social Care Bill
Schedule 15 — Repeals and revocations
Part 1 — Repeals and revocations relating to Part 1
188

Title and reference
Extent of repeal or revocation

Parliamentary Commissioner
In Schedule 2—

Act 1967 (c. 13)
(a)
the entry for the Commission for

Healthcare Audit and Inspection, and

(b)
the entry for the Commission for Social

5

Care Inspection.

House of Commons
In Part 2 of Schedule 1—

Disqualification Act 1975
(a)
the entry for the Commission for

(c. 24)
Healthcare Audit and Inspection, and

(b)
the entry for the Commission for Social

10

Care Inspection.

In Part 3 of Schedule 1, the entry for members of

the Mental Health Act Commission in receipt

of remuneration.

Northern Ireland Assembly
In Part 2 of Schedule 1—

15

Disqualification Act 1975
(a)
the entry for the Commission for

(c. 25)
Healthcare Audit and Inspection, and

(b)
the entry for the Commission for Social

Care Inspection.

Race Relations Act 1976 (c. 74)
In Parts 2 and 4 of Schedule 1A—

20

(a)
the entry for the Commission for

Healthcare Audit and Inspection, and

(b)
the entry for the Commission for Social

Care Inspection.

Mental Health Act 1983 (c. 20)
In section 119(2), the words “by the Secretary of

25

State”.

Section 121.

Mental Health Act Commission
The whole instrument.

(Establishment and

Constitution) Order 1983 (S.I.

30

1983/892)

Mental Health Act Commission
The whole instrument.

Regulations 1983 (S.I. 1983/

894)

Vehicle Excise and Registration
In paragraph 7 of Schedule 2, paragraph (c)

35

Act 1994 (c. 22)
(together with the word “or” at the end of it).

Police Act 1996 (c. 16)
In Schedule 4A—

(a)
paragraph 2(2)(f), and

(b)
paragraph 4(f).

Crown Prosecution Service
In the Schedule—

40

Inspectorate Act 2000 (c. 10)
(a)
paragraph 2(2)(f), and

(b)
paragraph 4(f).

Care Standards Act 2000 (c. 14)
Sections 5A and 5B.

In section 8(7) the words from “, other than” to

the end.

45

Section 10(6).

Health and Social Care Bill
Schedule 15 — Repeals and revocations
Part 2 — Regulation of healthcare professions
189

Title and reference
Extent of repeal or revocation

Care Standards Act 2000
In section 11—

(c. 14)—cont.
(a)
subsection (2), and

(b)
in subsection (4), the words “the CHAI,

the CSCI or”.

5

In section 19(4)(b) the word “and” at the end.

In section 21(5)(b) the word “or” at the end.

In section 30A(2)(b) the word “or” at the end.

Section 42(5).

In section 55(3)(e) the words “the CSCI,”.

10

Section 113(1A).

Section 113A.

Section 120(1).

In the Table in section 121(13) the entries for the

expressions “CHAI” and “CSCI”.

15

Criminal Justice and Court
In Schedule 1A—

Services Act 2000 (c. 43)
(a)
paragraph 2(2)(f),

(b)
paragraph 3(2)(c), and

(c)
paragraph 4(f).

Courts Act 2003 (c. 39)
In Schedule 3A—

20

(a)
paragraph 2(2)(f), and

(b)
paragraph 4(f).

Health and Social Care
Sections 41 to 44.

(Community Health and
Section 46.

Standards) Act 2003 (c. 43)
Sections 47A to 69A.

25

Sections 76 to 91.

Sections 102 to 104.

Section 113(3)(b).

Section 114(2)(b).

Sections 120 to 141.

30

Sections 144 to 145A.

In section 148, the definitions of “the CHAI”,

“the CSCI”, “financial year” and “Minister of

the Crown”.

Schedules 6 to 8.

35

Health Act 2006 (c. 28)
In section 61, the words “the Commission for

Healthcare Audit and Inspection or”.

In Schedule 5—

(a)
the entry for the Commission for

Healthcare Audit and Inspection, and

40

(b)
the entry for the Commission for Social

Care Inspection.

Education and Inspections Act
In Schedule 13, paragraph 1(2)(f).

2006 (c. 40)

Part 2
45
Regulation of healthcare professions

Title and reference
Extent of repeal or revocation

Medical Act 1983 (c. 54)
In section 1(3), paragraphs (b) and (f).

Section 38(3)(a)(ii).

Health and Social Care Bill
Schedule 15 — Repeals and revocations
Part 2 — Regulation of healthcare professions
190

Title and reference
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

under this subsection,”.

In section 41A(4), the words from “; and for the

5

purposes” to the end.

Section 53(2)(c).

In Part 3 of Schedule 1—

(a)
paragraphs 19A and 19E and the

headings before those paragraphs, and

10

(b)
paragraph 23(b).

In Schedule 4—

(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

Panels”,

(c)
in paragraph 1(1)(a), the words “, an

Interim Orders Panel or a Fitness to

20

Practise Panel”,

(d)
in paragraph 1(1)(b), the words “or such

a Panel”,

(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

Practise Panel”,

(h)
in paragraph 2(3), the words “, an

30

Interim Orders Panel or a Fitness to

Practise Panel” and the words “or Panel”

(in both places),

(i)
in paragraph 3(a), the words “, an

Interim Orders Panel or a Fitness to

35

Practise Panel” and the words “, a

Panel”,

(j)
in paragraph 3(b), the words “to a

Fitness to Practise Panel or” and the

words “the Panel or”,

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

Practise Panel”,

45

(n)
in paragraph 7(4)(a), the words “or a

Panel”,

(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

Panel”.

Health and Social Care Bill
Schedule 15 — Repeals and revocations
Part 3 — Public health protection
191

Title and reference
Extent of repeal or revocation

Opticians Act 1989 (c. 44)
Section 5C.

In section 5D(1), the words “the Fitness to

Practise Committee and”.

In section 13L(11), the words “and rules made

5

under section 23C below”.

In section 23B—

(a)
in the heading, the words “Fitness to

Practise Committee and”, and

(b)
subsection (1)(a) and the word “or”

10

following it.

In section 23C—

(a)
subsection (1)(a)(i) and the word “and”

following it, and

15

(b)
subsection (2)(e) and (f).

Section 23D(2)(a) and the word “and” following

it.

In section 23E(3) and (4), the words “the Fitness

to Practise Committee and”.

20

Health Act 1999 (c. 8)
In section 60(2)(a), the words “the Pharmacy Act

1954,”.

In Schedule 3—

(a)
paragraph 7(2) and (3),

(b)
in paragraph 10, the words from “and

25

other expressions” to the end, and

(c)
paragraph 12.

National Health Service Reform
In section 25(6), the words “and (3)”.

and Health Care Professions
Section 26(7) and (8).

Act 2002 (c. 17)
In section 29(1)—

30

(a)
paragraph (c),

(b)
in paragraph (e), the words from “(other

than a determination” to the end, and

(c)
paragraph (f).

In Schedule 7, paragraphs 20 to 24.

35

Health Act 2006 (c. 28)
In Schedule 5, the entry relating to the Council

for the Regulation of Health Care

Professionals.

Part 3
Public health protection
40

Reference
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
Section 1(2) and (4).

Disease) Act 1984 (c. 22)
In section 5(3), the words “or rating districts”.

45

Section 7(4)(c) and (d).

Sections 9 to 45.