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PART III |
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MISCELLANEOUS AND SUPPLEMENTARY |
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Regulation of health care and associated professions |
| Regulation of health care and associated professions. |
47. - (1) Her Majesty may by Order in Council make provision-
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(a) modifying the regulation of any profession to which subsection (2) applies, |
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(b) regulating any profession to which subsection (3) applies. |
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(2) The professions referred to in subsection (1)(a) are those regulated by the Pharmacy Act 1954, the Medical Act 1983, the Dentists Act 1984, the Opticians Act 1989, the Osteopaths Act 1993, the Chiropractors Act 1994 and the Nurses, Midwives and Health Visitors Act 1997.
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(3) The professions referred to in subsection (1)(b) are-
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(a) the professions regulated on 1st July 1999 by the Professions Supplementary to Medicine Act 1960, |
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(b) any profession to which neither paragraph (a) nor subsection (2) applies and which appears to Her Majesty to be concerned (wholly or partly) with the physical or mental health of individuals and to require regulation in pursuance of this section. |
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(4) The Professions Supplementary to Medicine Act 1960 is to cease to have effect.
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(5) Schedule 3 (which makes further provision about Orders under this section) is to have effect.
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Supplementary |
| Regulations and orders. |
48. - (1) Any power to make regulations or an order under this Act is exercisable by statutory instrument.
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(2) Subordinate legislation under this Act-
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(a) may contain such supplementary, incidental, consequential, transitory, transitional or saving provision as the person making the legislation considers necessary or expedient, |
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(b) may make different provision for different purposes. |
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(3) The provision which may be made by virtue of subsection (2) in regulations under section 15 or 24 includes provision amending or repealing any enactment, instrument or document.
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(4) Subject to the following subsections, a statutory instrument containing subordinate legislation under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.
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(5) Subsection (4) does not apply to-
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(a) an order under section 49 which contains only provision for or in connection with the transfer of any property, rights or liabilities, or |
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(b) an order under section 52. |
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(6) No recommendation is to be made to Her Majesty to make an Order in Council under section 47 unless a draft has been laid before, and approved by resolution of, each House of Parliament.
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(7) But if any provision made by an Order in Council under that section would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, no recommendation is to be made to Her Majesty to make the Order unless a draft-
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(a) has been laid before, and approved by resolution of, each House of Parliament, and |
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(b) has been laid before, and approved by resolution of, the Scottish Parliament. |
| Supplementary and consequential provision etc. |
49. - (1) The Secretary of State may by order make-
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(a) such supplementary, incidental or consequential provision, or |
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(b) such transitory, transitional or saving provision, |
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as he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.
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(2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.
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Final provisions |
| Amendments and repeals. |
50. - (1) Schedule 4 (amendments of enactments) is to have effect.
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(2) The repeals set out in Schedule 5 (which include the repeal of an enactment which is spent) are to have effect.
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| Devolution. |
51. - (1) For the purposes of the Scotland Act 1998, any provision of this Act which extends to Scotland is to be taken to be a pre-commencement enactment within the meaning of that Act.
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(2) Any function of a Minister of the Crown under any of the following provisions of this Act, so far as exercisable in relation to Wales, is exercisable instead by the National Assembly for Wales-
section 13,
section 15(2) and (3),
section 16,
section 17,
section 21,
section 24,
section 49, so far as it relates to section 1 to 13 and 19 to 25,
section 52, so far as it relates to sections 1 to 13 and 19 to 25,
paragraph 2 of Schedule 2.
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(3) Section 44 of the Government of Wales Act 1998 (parliamentary procedures for subordinate legislation) is to have effect in relation to any function to make subordinate legislation which is exercisable by the Assembly by virtue of subsection (2) as if it had been conferred on the Assembly by an Order in Council under section 22 of that Act (transfer of Ministerial functions).
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(4) Any function of a Minister of the Crown under section 15(1), so far as exercisable in relation to Wales, is exercisable by the Minister only with the agreement of the National Assembly for Wales.
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(5) Any function of a Minister of the Crown under any of paragraphs 4 to 7 of Schedule 2 is exercisable by the Minister only after consultation with the National Assembly for Wales.
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| Commencement. |
52. - (1) The preceding provisions of this Act are to come into force on such day as the Secretary of State may by order appoint.
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(2) Different days may be appointed under this section for different purposes.
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| Extent. |
53. - (1) Subject to the following provisions-
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(a) Part I extends only to England and Wales, |
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(b) Part II extends only to Scotland, and |
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(c) this Part extends to Northern Ireland (as well as to England and Wales and Scotland). |
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(2) The amendment or repeal of an enactment, or a power to amend or repeal an enactment, which extends to any part of the United Kingdom extends also to that part.
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(3) Section 18 extends to Scotland and Northern Ireland.
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(4) Sections 26 to 31 extend to Scotland.
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| Short title. |
54. This Act may be cited as the Health Act 1999.
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