Health Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Health Bill [HL]

Health Bill [HL]
Part 3 — Miscellaneous
32

(2)
Regulations under this section must include provision conferring on
such persons as may be prescribed rights of appeal from decisions of
Local Health Boards made by virtue of this section.
(3)
In this section—
“practitioner” means a person included in an ophthalmic list or a
5
pharmaceutical list, and
“specified” means specified in a notice under paragraph (a) of
subsection (1).”
(2)
In section 107(9) of that Act, after “included in” insert “an ophthalmic list or”.
32
LPS schemes: powers of Local Health Boards
10
(1)
Schedule 7 to the National Health Service (Wales) Act 2006 (c. 42) (LPS
schemes) is amended as follows.
(2)
In paragraph 1, in sub-paragraph (2)—
(a)
in paragraph (a), after “Local Health Board” insert “(the
“commissioning body”)”;
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(b)
in paragraph (b), for “Local Health Board),” substitute “commissioning
body).”;
(c)
omit paragraph (c) and the word “and” immediately before it.
(3)
After sub-paragraph (2) insert—
   “(2A)
A Local Health Board may provide local pharmaceutical services
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under an LPS scheme (where it is not the commissioning body), but
only in prescribed circumstances.”
(4)
In sub-paragraph (6), for “and an NHS foundation trust” substitute “, an NHS
foundation trust and a Local Health Board”.
(5)
In paragraph 3(2), for “Local Health Boards” substitute “the commissioning
25
body”.
Adult social care
33
Investigation of complaints about privately arranged or funded adult social
care
Schedule 5 (which inserts a new Part 3A into the Local Government Act 1974
30
(c. 7) to give the Commission for Local Administration in England powers to
investigate complaints about privately arranged or funded adult social care
and which makes consequential amendments) has effect.
Private health care
34
Private health care
35
(1)
The National Health Service Act 2006 (c. 41) is amended as follows.
(2)
In section 44 (private health care), after subsection (4) insert—
“(4A)
The Secretary of State may by regulations make provision for
exceptions to be permitted to the restriction mentioned in subsection (2)

Health Bill [HL]
Part 4 — General
33

subject to the principle that any such exception must in all the
circumstances be in the interests of the National Health Service.
(4B)
The regulations may specify such other principles and conditions as the
Secretary of State may consider appropriate.”
Disclosure of information
5
35
Disclosure of information by Her Majesty’s Revenue and Customs
(1)
This section applies to information held by Her Majesty’s Revenue and
Customs for the purposes of functions relating to income tax.
(2)
Information to which this section applies may be disclosed by Her Majesty’s
Revenue and Customs to the persons listed in subsection (3) for use for the
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purposes of functions in connection with the analysis or dissemination of
information relating to the income or expenses of dental practitioners or
general medical practitioners.
(3)
The persons are—
(a)
the Secretary of State;
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(b)
the Welsh Ministers;
(c)
the Scottish Ministers;
(d)
the Department of Health, Social Services and Public Safety in
Northern Ireland;
(e)
persons providing services to or exercising functions on behalf of any
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of those persons.
(4)
Information may be disclosed under this section only in the form of a summary
or collection of information so framed as not to enable information relating to
a particular person to be ascertained from it.
(5)
In this section—
25
“dental practitioner” means a person registered in the dentists register
under the Dentists Act 1984 (c. 24);
“general medical practitioner” means a person registered in the General
Practitioner Register kept by the General Medical Council.
Part 4
30
General
36
Power to make transitional and consequential provision etc
(1)
The Secretary of State may by order make—
(a)
such transitional or transitory provisions or savings as the Secretary of
State considers appropriate in connection with the coming into force of
35
any provision of this Act;
(b)
such supplementary, incidental or consequential provision as the
Secretary of State considers appropriate for the purposes of, in
consequence of, or for giving full effect to, any provision of this Act.
(2)
Subsection (1)(a) does not apply to—
40
(a)
section 19 and Schedule 3, so far as they relate to amendments of the
National Health Service (Wales) Act 2006 (c. 42);

Health Bill [HL]
Part 4 — General
34

(b)
sections 20 to 24 and Schedule 4, so far as they relate to Wales or
Northern Ireland;
(c)
sections 30 to 32.
(3)
The Welsh Ministers may by order make such transitional or transitory
provisions or savings as the Welsh Ministers consider appropriate in
5
connection with the coming into force of—
(a)
section 19 and Schedule 3, so far as they relate to amendments of the
National Health Service (Wales) Act 2006 (c. 42);
(b)
sections 20 to 24 and Schedule 4, so far as they relate to Wales;
(c)
sections 30 to 32.
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(4)
The Department of Health, Social Services and Public Safety in Northern
Ireland may by order make such transitional or transitory provisions or
savings as the Department considers appropriate in connection with the
coming into force of sections 20 to 24 and Schedule 4, so far as they relate to
Northern Ireland.
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(5)
An order under this section may amend, repeal, revoke or otherwise modify
any enactment.
(6)
An order under this section may, in particular, provide for any provision of
this Act which comes into force before another such provision has come into
force to have effect, until that other provision has come into force, with such
20
modifications as are specified in the order.
(7)
The power to make an order under subsection (1) or (3) is exercisable by
statutory instrument.
(8)
The power to make an order under subsection (4) is exercisable by statutory
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.
25
1979/1573 (N.I. 12)).
(9)
A statutory instrument containing an order under subsection (1)—
(a)
if it amends or repeals an enactment contained in an Act of Parliament,
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament;
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(b)
in any other case, is subject to annulment in pursuance of a resolution
of either House of Parliament.
(10)
A statutory instrument containing an order under subsection (3) is subject to
annulment in pursuance of a resolution of the National Assembly for Wales.
(11)
A statutory rule containing an order under subsection (4) is subject to negative
35
resolution within the meaning of section 41(6) of the Interpretation Act
(Northern Ireland) 1954 (c. 33 (N.I.)).
(12)
In this section “enactment” means an enactment contained in, or in an
instrument made under—
(a)
an Act of Parliament,
40
(b)
a Measure or Act of the National Assembly for Wales, or
(c)
Northern Ireland legislation.
37
Repeals and revocations
Schedule 6 (repeals and revocations) has effect.

Health Bill [HL]
Part 4 — General
35

38
Extent
(1)
Subject to the following provisions, this Act extends to England and Wales
only.
(2)
Any amendment, repeal or revocation made by this Act has the same extent as
the enactment amended, repealed or revoked.
5
(3)
The following extend to England and Wales, Scotland and Northern Ireland—
(a)
section 35;
(b)
this section and sections 36, 39 and 40;
(c)
paragraph 19 of Schedule 3 (and section 19 so far as it relates to that
paragraph);
10
(d)
paragraphs 4(6) and 9(4) of Schedule 4 (and section 24 so far as it relates
to those provisions).
39
Commencement
(1)
Subject to the following provisions, this Act comes into force on such day as the
Secretary of State may by order made by statutory instrument appoint.
15
(2)
Subject to subsections (5) to (7), the following come into force on such day as
the Welsh Ministers may by order made by statutory instrument appoint—
(a)
section 19 and Schedule 3, so far as they relate to amendments of the
National Health Service (Wales) Act 2006 (c. 42);
(b)
sections 20 to 24 and Schedule 4, so far as they relate to Wales;
20
(c)
sections 30 to 32.
(3)
Subject to subsections (5) to (7), sections 20 to 24 and Schedule 4, so far as they
relate to Northern Ireland, come into force on such day as the Department of
Health, Social Services and Public Safety in Northern Ireland may appoint by
order made by statutory rule for the purposes of the Statutory Rules (Northern
25
Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(4)
Different days may be appointed under subsections (1) to (3) for different
purposes or different areas.
(5)
The following come into force on the day on which this Act is passed—
(a)
paragraph 9(2) and (4) of Schedule 4;
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(b)
a repeal or revocation made by Schedule 6 connected to the repeal
made by paragraph 9(2) of Schedule 4;
(c)
this section and sections 36, 38 and 40.
(6)
The following come into force, for the purposes of making regulations, on the
day on which this Act is passed—
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(a)
sections 8, 9(5) and 10;
(b)
sections 20 to 23;
(c)
paragraphs 11 and 12 of Schedule 4.
(7)
The following come into force at the end of the period of 2 months beginning
with the day on which this Act is passed—
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(a)
paragraphs 1, 4(3), (4) and (6), 5, 6(3), 7(2) and 9(3) of Schedule 4;
(b)
paragraph 13 of that Schedule for the purposes of sections 8, 9 and 11
of the Tobacco Advertising and Promotion Act 2002 (c. 36).

Health Bill [HL]
Part 4 — General
36

(8)
Where any particular provision or provisions of a Schedule come into force in
accordance with subsection (5), (6) or (7), the section introducing the Schedule
also comes into force in accordance with that subsection so far as relating to the
particular provision or provisions.
(9)
The Secretary of State must not make an order under subsection (1) which
5
relates to amendments to the Medicines Act 1968 (c. 67) made by Schedule 3
unless the Secretary of State first consults the Department of Health, Social
Services and Public Safety in Northern Ireland.
(10)
The Secretary of State must not make an order under subsection (1) which
relates to amendments to the Health Protection Agency Act 2004 (c. 17) made
10
by Schedule 3 unless the Secretary of State first consults—
(a)
the Welsh Ministers,
(b)
the Scottish Ministers, and
(c)
the Department of Health, Social Services and Public Safety in
Northern Ireland.
15
(11)
The Secretary of State must not make an order under subsection (1) which
relates to amendments made to Human Tissue Act 2004 (c. 30) by Schedule 3
unless the Secretary of State first consults—
(a)
the Welsh Ministers, and
(b)
the Department of Health, Social Services and Public Safety in
20
Northern Ireland.
(12)
The Secretary of State must not make an order under subsection (1) which
relates to amendments made by Schedule 3 to Schedule 6 or 19 to the National
Health Service Act 2006 (c. 41) unless the Secretary of State first consults the
Welsh Ministers.
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(13)
The Welsh Ministers must not make an order under subsection (2)(a) unless
they first consult the Secretary of State.
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Short title

(1) This Act may be cited as the Health Act 2009.
(2) Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge