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(g) for the scheme, or prescribed provisions of the scheme, to be | |
administered on behalf of the Secretary of State by such health | |
service body, or other description of body, as may be | |
prescribed; | |
(h) requiring prescribed categories of persons to take reasonable | 5 |
steps to provide— | |
(i) to a person authorised for the purpose in accordance | |
with the scheme, | |
(ii) on production, if required, of evidence of his authority, | |
such information or evidence as may be reasonably needed in | 10 |
connection with administering the scheme. | |
(6) Provision of a kind mentioned in subsection (5)(h) may, in particular— | |
(a) require information or evidence to be provided in a legible | |
form; | |
(b) authorise the taking of copies or making of extracts; | 15 |
(c) require an explanation by the information provider of anything | |
which he has provided; | |
(d) require an information provider to state, to the best of his | |
knowledge and belief, where information or evidence that he | |
has failed to provide is held. | 20 |
(7) The power to prescribe descriptions of food (conferred by subsection | |
(1)) and the power to prescribe descriptions of advice (conferred by | |
subsection (4)(f)) are to be exercised, in relation to the operation of a | |
scheme in Wales, by regulations made by the Assembly. | |
(8) The Secretary of State may give such directions— | 25 |
(a) to a body administering a scheme (or part of a scheme), | |
(b) in relation to matters relating to the operation of the scheme (or | |
that part of the scheme), | |
as he considers appropriate. | |
(9) The Assembly may, with the agreement of the Secretary of State, give | 30 |
such directions— | |
(a) to a body administering a scheme (or part of a scheme), | |
(b) in relation to matters relating to the operation of the scheme (or | |
that part of the scheme) in Wales, | |
as it considers appropriate. | 35 |
(10) A scheme may direct that prescribed enactments relating to the | |
administration of benefit under the Social Security Administration Act | |
1992 (c.5) (including enactments relating to offences and criminal | |
proceedings) are to have effect for the purpose of administering the | |
scheme subject to such modifications (if any) as may be prescribed. | 40 |
(11) In this section— | |
“benefit”, in relation to a scheme, means a benefit under the | |
scheme; | |
“children” has such meaning as may be prescribed; | |
“clinic” includes such arrangements (if any) for examining | 45 |
persons, treating patients or enabling advice or information to | |
be given to persons, as may be prescribed; | |
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“enactment” includes an Act of the Scottish Parliament and a | |
provision made under an enactment; | |
“food” includes vitamins, minerals and other dietary | |
supplements; | |
“health service body” and “health service professional” have such | 5 |
meaning as may be prescribed; | |
“information provider” means the person who is required to | |
provide information or, where that person is a body corporate, | |
any person who is, or at any time has been, an officer or | |
employee of the body corporate; | 10 |
“parental responsibility” has such meaning as may be prescribed; | |
“pregnant” includes recently pregnant; | |
“prescribed” means prescribed by regulations; | |
“regulations”, except in subsection (7), means regulations made by | |
the Secretary of State; | 15 |
“scheme” means a scheme made under this section; | |
“women” includes persons under the age of 18.” | |
(2) In section 15A of that Act— | |
(a) in subsection (2), after the first “instrument” insert “made by the | |
Secretary of State”; and | 20 |
(b) omit subsection (3). | |
182 Replacement of the Welfare Food Schemes: Northern Ireland | |
An Order in Council under paragraph 1(1) of the Schedule to the Northern | |
Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of | |
devolved government) which contains a statement that it is made only for | 25 |
purposes corresponding to those of section 181 above— | |
(a) is not subject to paragraph 2 of that Schedule (affirmative resolution of | |
both Houses of Parliament), but | |
(b) is subject to annulment in pursuance of a resolution of either House of | |
Parliament. | 30 |
Appointments and employment | |
183 Appointments to certain health and social care bodies | |
(1) This section applies to a body (however established) which has functions | |
relating to— | |
(a) health; | 35 |
(b) social care; | |
(c) the regulation of professions associated with health or social care. | |
(2) The Secretary of State may direct a Special Health Authority to exercise so | |
much of the appointments function relating to a body to which this section | |
applies as is specified in the direction. | 40 |
(3) If the Secretary of State gives a direction under subsection (2) the 1977 Act has | |
effect as if— | |
(a) the direction is a direction of the Secretary of State under section 16D of | |
that Act; | |
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(b) the function is exercisable by the Special Health Authority under | |
section 16D. | |
(4) If the Secretary of State gives a direction under subsection (2) in respect of a | |
body which exercises functions in relation to any part of the United Kingdom | |
other than England and Wales subsection (5) applies— | 5 |
(a) at the time the direction is given; | |
(b) for the purposes of anything done by a Special Health Authority in | |
pursuance of the direction. | |
(5) Sections 11 and 16D of and (so far as relating to a Special Health Authority) | |
Schedule 5 to the 1977 Act and any other provision of that Act which relates to | 10 |
the exercise of the function in pursuance of the direction must be taken to | |
extend to any part of the United Kingdom in relation to which the body | |
exercises functions. | |
(6) The appointments function is any function exercisable by the Secretary of State | |
in relation to— | 15 |
(a) the appointment of persons to be members of a body to which this | |
section applies; | |
(b) the removal (whether permanently or otherwise) of such persons from | |
the membership of the body, | |
and includes any function relating to the appointment to or removal from | 20 |
(whether permanently or otherwise) any particular office in the membership of | |
the body. | |
(7) For the purposes of this section it is immaterial that a body has functions | |
relating to matters other than those specified in subsection (1). | |
(8) Schedule 12 amends certain enactments which provide for appointments to be | 25 |
made to certain bodies by or on the advice of the Privy Council. | |
(9) If in the exercise of a power conferred by virtue of that Schedule the Privy | |
Council gives a direction corresponding to a direction given by the Secretary | |
of State under subsection (2) above, subsections (3) to (5) above apply for the | |
purposes of the Privy Council’s direction as they apply for the purposes of a | 30 |
direction given by the Secretary of State. | |
184 Appointments to certain health and social care bodies: joint functions | |
(1) This section applies if (apart from section 183) the appointments function in | |
relation to a body is exercisable jointly or concurrently with a person who is not | |
a Minister of the Crown. | 35 |
(2) A requirement to exercise the function jointly or concurrently does not prevent | |
the Secretary of State from making a direction in relation to the body but he | |
must not do so unless he first consults the other person. | |
(3) If a direction is given as mentioned in subsection (2) so much of the functions | |
of the Secretary of State and of the other person as are specified in the direction | 40 |
is exercisable by the Special Health Authority acting alone. | |
(4) Subsections (2) and (3) do not apply if the other person is the Scottish Ministers | |
but that does not prevent the Secretary of State from giving a direction under | |
section 183 in relation to the exercise of any function he has. | |
(5) Appointments function has the same meaning as in section 183. | 45 |
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185 Validity of clearance for employment in certain NHS posts | |
(1) In section 7 of the Protection of Children Act 1999 (c. 14) (effect of inclusion of | |
person on lists relating to suitability for child care positions) after subsection | |
(3) there are inserted the following subsections— | |
“(3A) This section does not apply in relation to an offer of relevant NHS | 5 |
employment if each of the following paragraphs applies in respect of | |
the individual to whom the offer is made— | |
(a) at the time the offer is made he is employed by an NHS body; | |
(b) that NHS body has ascertained that he is not included in the list | |
kept under section 1 above or (during the period that he is | 10 |
employed by that body) another NHS body or an employment | |
agency or employment business has ascertained that he is not | |
included in the list; | |
(c) subsection (1A) (inserted by paragraph 26(2) of Schedule 4 to | |
the Care Standards Act 2000) does not apply to him; | 15 |
(d) he accepts the offer and for so long as he is employed in the | |
employment to which the offer relates paragraph (c) applies. | |
(3B) Relevant NHS employment is employment in a child care position with | |
an NHS body. | |
(3C) Each of the following is an NHS body— | 20 |
(a) a National Health Service trust; | |
(b) a Strategic Health Authority; | |
(c) an NHS foundation trust; | |
(d) a Health Authority; | |
(e) a Local Health Board; | 25 |
(f) a Special Health Authority; | |
(g) a Primary Care Trust.” | |
(2) In section 89 of the Care Standards Act 2000 (c. 14) (effect of inclusion of person | |
on lists relating to suitability for care positions) after subsection (4) there are | |
inserted the following subsections— | 30 |
“(4A) This section does not apply in relation to an offer of relevant NHS | |
employment if each of the following paragraphs applies in respect of | |
the individual to whom the offer is made— | |
(a) at the time the offer is made he is employed by an NHS body; | |
(b) that NHS body has ascertained that he is not included in the list | 35 |
kept under section 81 above or (during the period that he is | |
employed by that body) another NHS body or an employment | |
agency or employment business has ascertained that he is not | |
included in the list; | |
(c) subsection (2) does not apply to him; | 40 |
(d) he accepts the offer and for so long as he is employed in the | |
employment to which the offer relates paragraph (c) applies. | |
(4B) Relevant NHS employment is employment in a care position with an | |
NHS body. | |
(4C) Each of the following is an NHS body— | 45 |
(a) a National Health Service trust; | |
(b) a Strategic Health Authority; | |
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(c) an NHS foundation trust; | |
(d) a Health Authority; | |
(e) a Local Health Board; | |
(f) a Special Health Authority; | |
(g) a Primary Care Trust.” | 5 |
(3) Section 7(3A)(b) of the Protection of Children Act 1999 (c. 14) has effect until | |
the coming into force of paragraph 121 of Schedule 21 to the Education Act | |
2002 (c. 32) as if for “the list kept under section 1 above” there is substituted | |
“any of the lists mentioned in subsection (1)(a)”. | |
Public Health Laboratory Service Board | 10 |
186 Abolition of Public Health Laboratory Service Board | |
(1) The Public Health Laboratory Service Board is abolished. | |
(2) Schedule 13 has effect. | |
(3) On the day this section is commenced by order under section 194 the property, | |
rights and liabilities of the Board vest in the Secretary of State. | 15 |
Other provisions | |
187 Loans by Secretary of State to NHS trusts | |
(1) Paragraph 1 of Schedule 3 to the National Health Service and Community Care | |
Act 1990 (c. 19) (borrowings of NHS trusts) is amended as follows. | |
(2) In sub-paragraph (6), the words “, with the consent of the Treasury,” are | 20 |
omitted. | |
188 Amendment of provision relating to reform of Welsh health authorities | |
In section 27 of the Government of Wales Act 1998 (c. 38) (reform of Welsh | |
health authorities), in subsection (7), for “(5)(b)” substitute “(7)(b)”. | |
Part 6 | 25 |
Final provisions | |
189 Financial provisions | |
There shall be paid out of money provided by Parliament— | |
(a) any expenditure incurred by the Secretary of State by virtue of this Act; | |
and | 30 |
(b) any increase attributable to this Act in the sums payable out of money | |
so provided under any other Act. | |
190 Interpretation | |
In this Act— | |
“the 1977 Act” means the National Health Service Act 1977 (c. 49); | 35 |
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“the Assembly” means the National Assembly for Wales. | |
191 Orders and regulations | |
(1) Any order or regulations under this Act— | |
(a) may make different provision for different purposes; and | |
(b) may make incidental, supplementary, consequential, transitory or | 5 |
transitional or saving provision. | |
(2) Any power to make regulations conferred by this Act (as well as being | |
exercisable in relation to all cases to which it extends) may be exercised in | |
relation to all those cases subject to exceptions or in relation to any particular | |
case or class of case. | 10 |
(3) Before making any regulations under Part 3 the Secretary of State must consult | |
the Assembly. | |
(4) Any power to make an order or regulations under this Act is exercisable by | |
statutory instrument. | |
(5) A statutory instrument containing an order or regulations under this Act made | 15 |
by the Secretary of State (apart from an order under section 194) is subject to | |
annulment in pursuance of a resolution of either House of Parliament. | |
(6) A statutory instrument containing regulations under Part 3 made by the | |
Scottish Ministers is subject to annulment in pursuance of a resolution of the | |
Scottish Parliament. | 20 |
192 Repeals and revocations | |
The enactments mentioned in Schedule 14 (which include provisions of Acts of | |
the Scottish Parliament) are repealed or revoked to the extent specified. | |
193 Wales | |
(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) | 25 |
Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this | |
Act shall (as from the time when the Act is so amended) be treated as referring | |
to that Act as amended by this Act. | |
(2) Subsection (1) does not affect the power to make further Orders varying or | |
omitting any reference to an Act which is amended by this Act. | 30 |
194 Commencement | |
(1) Subject to this section— | |
(a) the provisions of Parts 1 to 5, and | |
(b) section 192 and Schedule 14, | |
shall come into force on such day as the appropriate authority may by order | 35 |
appoint. | |
(2) The appropriate authority is— | |
(a) in relation to Part 1, and section 192 and Schedule 14 so far as relating | |
to that Part, the Secretary of State; | |
(b) in relation to Part 2— | 40 |
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(i) for section 41 and Schedule 7, sections 54 and 57, Chapter 5, | |
sections 100 to 103, 108, 110, 114(1), 122, 123, 125, 127, 129, 131, | |
133 and 137, section 143 and Schedule 9 so far as relating to the | |
Commission for Social Care Inspection, and section 192 and | |
Schedule 14 so far as relating to those provisions, the Secretary | 5 |
of State; | |
(ii) for sections 46 and 62, Chapters 4 and 6, sections 107, 114(2), 138 | |
to 141 and section 192 and Schedule 14 so far as relating to those | |
provisions, the Assembly; | |
(iii) for sections 104 to 106, 109, 111, 112, 113, 114(3), 115, paragraph | 10 |
4 of Schedule 9 and section 192 and Schedule 14 so far as | |
relating to those provisions, the Secretary of State, in relation to | |
England, and the Assembly, in relation to Wales; and | |
(iv) for the other provisions of the Part, and section 192 and | |
Schedule 14 so far as relating to those provisions, the Secretary | 15 |
of State after consulting the Assembly; | |
(c) in relation to Part 3, and section 192 and Schedule 14 so far as relating | |
to that Part— | |
(i) in relation to England and Wales, the Secretary of State after | |
consulting the Assembly; and | 20 |
(ii) in relation to Scotland, the Scottish Ministers with the consent | |
of the Secretary of State; | |
(d) in relation to section 177, and section 192 and Schedule 14 so far as | |
relating to section 177, the Secretary of State; | |
(e) in relation to the other provisions of Part 4, and section 192 and | 25 |
Schedule 14 so far as relating to those provisions— | |
(i) in relation to England, the Secretary of State; and | |
(ii) in relation to Wales, the Assembly; | |
(f) in relation to Part 5, and section 192 and Schedule 14 so far as relating | |
to that Part, the Secretary of State. | 30 |
(3) Different days may be appointed for different purposes. | |
(4) Subsection (1) does not apply in relation to any provision of this Act so far as it | |
confers power to make an order or regulations, or to section 163, 182 or 188. | |
195 Transitional or transitory provision and savings | |
(1) The appropriate authority may by order make such transitional or transitory | 35 |
provisions and savings as the authority considers appropriate in connection | |
with the coming into force of any provision of this Act. | |
(2) For the purposes of this section “appropriate authority”, in relation to any | |
provision of this Act, means the authority which is the appropriate authority | |
in relation to that provision for the purposes of section 194. | 40 |
(3) An order under this section may modify any Act (including an Act of the | |
Scottish Parliament) or subordinate legislation. | |
(4) Nothing in any transitional or transitory provisions and savings contained in | |
this Act restricts the power under this section to make other transitional | |
provisions and savings. | 45 |
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