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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”)”;

15

(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

20

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.

Disclosure of information

34      

Disclosure of information by Her Majesty’s Revenue and Customs

35

(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

 
 

Health Bill [HL]
Part 4 — General

33

 

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;

5

(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

10

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—

15

“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

20

General

35      

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

25

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—

30

(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 or

Northern Ireland;

(c)   

sections 30 to 32.

35

(3)   

The Welsh Ministers may by order make such transitional or transitory

provisions or savings as the Welsh Ministers consider appropriate in

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;

40

(b)   

sections 20 to 24 and Schedule 4, so far as they relate to Wales;

(c)   

sections 30 to 32.

(4)   

The Department of Health, Social Services and Public Safety in Northern

Ireland may by order make such transitional or transitory provisions or

 
 

Health Bill [HL]
Part 4 — General

34

 

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.

(5)   

An order under this section may amend, repeal, revoke or otherwise modify

any enactment.

5

(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

modifications as are specified in the order.

(7)   

The power to make an order under subsection (1) or (3) is exercisable by

10

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.

1979/1573 (N.I. 12)).

(9)   

A statutory instrument containing an order under subsection (1)—

15

(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;

(b)   

in any other case, is subject to annulment in pursuance of a resolution

of either House of Parliament.

20

(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

resolution within the meaning of section 41(6) of the Interpretation Act

(Northern Ireland) 1954 (c. 33 (N.I.)).

25

(12)   

In this section “enactment” means an enactment contained in, or in an

instrument made under—

(a)   

an Act of Parliament,

(b)   

a Measure or Act of the National Assembly for Wales, or

(c)   

Northern Ireland legislation.

30

36      

Repeals and revocations

Schedule 6 (repeals and revocations) has effect.

37      

Extent

(1)   

Subject to the following provisions, this Act extends to England and Wales

only.

35

(2)   

Any amendment, repeal or revocation made by this Act has the same extent as

the enactment amended, repealed or revoked.

(3)   

The following extend to England and Wales, Scotland and Northern Ireland—

(a)   

section 34;

(b)   

this section and sections 35, 38 and 39;

40

(c)   

paragraph 19 of Schedule 3 (and section 19 so far as it relates to that

paragraph);

 
 

Health Bill [HL]
Part 4 — General

35

 

(d)   

paragraphs 4(6) and 9(4) of Schedule 4 (and section 24 so far as it relates

to those provisions).

38      

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.

5

(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;

10

(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

15

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;

20

(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 35, 37 and 39.

(6)   

The following come into force, for the purposes of making regulations, on the

day on which this Act is passed—

25

(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—

30

(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).

(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

35

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

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

40

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

by Schedule 3 unless the Secretary of State first consults—

(a)   

the Welsh Ministers,

45

 
 

Health Bill [HL]
Part 4 — General

36

 

(b)   

the Scottish Ministers, and

(c)   

the Department of Health, Social Services and Public Safety in

Northern Ireland.

(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

5

unless the Secretary of State first consults—

(a)   

the Welsh Ministers, and

(b)   

the Department of Health, Social Services and Public Safety in

Northern Ireland.

(12)   

The Secretary of State must not make an order under subsection (1) which

10

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.

(13)   

The Welsh Ministers must not make an order under subsection (2)(a) unless

they first consult the Secretary of State.

15

39      

Short title

This Act may be cited as the Health Act 2009.

 
 

 
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