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Dentists Act 1984 (c.24) | |
48 In section 40(2) of the Dentists Act 1984, after paragraph (a) insert— | |
“(aa) by a person providing primary dental services under section | |
28C of the National Health Service Act 1977 or under a | |
contract under section 28K of that Act, or”. | 5 |
Community Health Councils (Access to Information) Act 1988 (c.24) | |
49 In section 1(6) of the Community Health Councils (Access to Information) | |
Act 1988, in the paragraph 6B inserted into Schedule 12A of the Local | |
Government Act 1972 (c. 70)— | |
(a) after paragraph (a) insert— | 10 |
“(aa) any particular person who is or was formerly | |
included in, or is an applicant for inclusion in, a list | |
under section 28W of that Act; or | |
(ab) any particular person who is or was formerly | |
providing services under a contract under section 28K | 15 |
or section 28Q of that Act; or”; | |
(b) in paragraph (b), for “such a person” substitute “a person mentioned | |
in paragraphs (a) to (ab) above”. | |
Copyright, Designs and Patents Act 1988 (c. 48) | |
50 In section 240(4) of the Copyright, Designs and Patents Act 1988— | 20 |
(a) after “providing—” insert— | |
“(za) primary medical services or primary dental services | |
under Part 1 of the National Health Service Act 1977”; | |
(b) in paragraph (a)(i), after “1977” insert “(in the case of pharmaceutical | |
services)”; | 25 |
(c) omit paragraph (b)(i). | |
Health and Medicines Act 1988 (c. 49) | |
51 The Health and Medicines Act 1988 has effect subject to the following | |
amendments. | |
52 In section 12(1)— | 30 |
(a) omit “The Dental Estimates Board shall be renamed as “the Dental | |
Practice Board” and”; | |
(b) in paragraph (a), omit “for any reference to the Dental Estimates | |
Board there were substituted a reference to the Dental Practice Board | |
and”; | 35 |
(c) in paragraph (b)— | |
(i) omit “the Dental Estimates Board or”, | |
(ii) for “either or both of those Boards” substitute “that Board”, | |
and | |
(iii) omit “the Dental Practice Board and”. | 40 |
53 In section 17(1)— | |
(a) omit “29, 36”; | |
(b) for “39 or 42” substitute “38, 39, 41 or 42”. | |
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National Health Service and Community Care Act 1990 (c. 19) | |
54 (1) Section 18 of the National Health Service and Community Care Act 1990 is | |
amended as follows (for so long as it has effect). | |
(2) In subsection (1), for “Health Authority”, in each place, substitute “Local | |
Health Board”. | 5 |
(3) In subsection (3), for paragraphs (a) and (b) substitute— | |
“(a) a person or body who has entered into a contract under | |
section 28Q of the principal Act, otherwise than in | |
partnership; or | |
(b) two or more individuals practising in partnership who | 10 |
together have entered into such a contract,”. | |
(4) In subsections (4) and (5), for “Health Authority”, in each place, substitute | |
“Local Health Board”. | |
(5) At the end insert— | |
“(9) In this section, references to the “relevant” Primary Care Trust or | 15 |
Local Health Board, in relation to a practice, are to the Primary Care | |
Trust or Local Health Board with which it has entered into a contract | |
under section 28Q of the principal Act.” | |
Access to Health Records Act 1990 (c.23) | |
55 (1) The Access to Health Records Act 1990 is amended as follows. | 20 |
(2) In section 1, in subsection (2), for paragraph (a) substitute— | |
“(a) in the case of a record made by a health professional | |
performing primary medical services under a general | |
medical services contract made with a Primary Care Trust or | |
Local Health Board, the person or body who entered into the | 25 |
contract with the Trust or Board (or, in a case where more | |
than one person so entered into the contract, any such | |
person); | |
(aa) in the case of a record made by a health professional | |
performing such services in accordance with arrangements | 30 |
under section 28C of that Act with a Primary Care Trust, | |
Strategic Health Authority or Local Health Board, the person | |
or body which made the arrangements with the Trust, | |
Authority or Board (or, in a case where more than one person | |
so made the arrangements, any such person);”. | 35 |
(3) In that subsection, in paragraph (b), after “by a health service body” insert | |
(and not falling within paragraph (aa) above)”. | |
(4) In section 7— | |
(a) in subsection (2), omit the words from “(other” to “section 1(2)(a) | |
above)”; and | 40 |
(b) omit subsection (3). | |
(5) In section 11— | |
(a) at the appropriate place, insert— | |
“general medical services contract” means a contract under | |
section 28Q of the National Health Service Act 1977;”; | 45 |
(b) omit the definition of “general practitioner”. | |
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(6) This paragraph extends to England and Wales only. | |
Water Industry Act 1991 (c.56) | |
56 In Schedule 4A to the Water Industry Act 1991, for paragraph 7 substitute— | |
“7. Premises not falling within paragraph 5 or 6 above which are used | |
for the provision of primary medical services or primary dental | 5 |
services under Part 1 of the National Health Service Act 1977.” | |
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) | |
57 (1) Section 279 of the Trade Union and Labour Relations (Consolidation) Act | |
1992 is amended as follows. | |
(2) In paragraph (a), omit “28C, 29, 35”. | 10 |
(3) Renumber the existing provision as subsection (1). | |
(4) After that provision insert— | |
“(2) In this Act “worker” also includes an individual regarded in his | |
capacity as one who works or normally works or seeks to work as a | |
person performing primary medical services or primary dental | 15 |
services— | |
(a) in accordance with arrangements made by a Primary Care | |
Trust, Strategic Health Authority or Local Health Board | |
under section 28C of the National Health Service Act 1977; or | |
(b) under a contract under section 28K or 28Q of that Act entered | 20 |
into by him with a Primary Care Trust or Local Health Board, | |
and “employer” in relation to such an individual, regarded in that | |
capacity, means that Trust, Authority or Board.” | |
Health Service Commissioners Act 1993 (c. 46) | |
58 The Health Service Commissioners Act 1993 has effect subject to the | 25 |
following amendments. | |
59 In section 2— | |
(a) in subsection (1)(c), for the words from “exercising” to the end | |
substitute “not exercising functions only or mainly in Wales”; | |
(b) in subsection (2)(b), for the words from “exercising” to the end | 30 |
substitute “not exercising functions only or mainly in England”. | |
60 (1) Section 2A is amended as follows. | |
(2) In subsection (1)— | |
(a) for paragraph (a) substitute— | |
“(a) persons (whether individuals or bodies) providing | 35 |
services under a contract entered into by them with a | |
Primary Care Trust under section 28K or 28Q of the | |
National Health Service Act 1977”; | |
(b) in paragraph (c), for “personal”, in both places, substitute “primary”. | |
(3) In subsection (2)— | 40 |
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(a) for paragraph (a) substitute— | |
“(a) persons (whether individuals or bodies) providing | |
services under a contract entered into by them with a | |
Local Health Board under section 28K or 28Q of the | |
National Health Service Act 1977;”; | 5 |
(b) in paragraph (c), for “personal”, in both places, substitute “primary”. | |
61 In section 6(5)— | |
(a) omit “29, 36”; | |
(b) for “39 or 42” substitute “38, 39, 41 or 42”. | |
62 In section 18(1), after “partly” insert “or wholly”. | 10 |
Employment Rights Act 1996 (c. 18) | |
63 (1) Section 43K of the Employment Rights Act 1996 is amended as follows. | |
(2) In subsection (1), after paragraph (b) insert— | |
“(ba) works or worked as a person performing services under a | |
contract entered into by him with a Primary Care Trust or | 15 |
Local Health Board under section 28K or 28Q of the National | |
Health Service Act 1977,”. | |
(3) In subsection (2), after paragraph (a) insert— | |
“(aa) in relation to a worker falling within paragraph (ba) of that | |
subsection, the Primary Care Trust or Local Health Board | 20 |
referred to in that paragraph,”. | |
Education Act 1996 (c. 56) | |
64 In section 520(1) of the Education Act 1996, for “(1A)” substitute “16CB”. | |
Health Act 1999 (c. 8) | |
65 In Schedule 3 to the Health Act 1999, in paragraph 11(2)— | 25 |
(a) in sub-paragraph (c), for the words from “provide” to “under” | |
substitute “perform primary medical services under Part 1 of”; | |
(b) in sub-paragraph (d), for the words from “provide” to “under” | |
substitute “perform primary dental services under Part 1 of”. | |
Freedom of Information Act 2000 (c. 36) | 30 |
66 In Schedule 1 to the Freedom of Information Act 2000, in Part 3, before | |
paragraph 44 insert— | |
“43A Any person providing primary medical services or primary dental | |
services— | |
(a) in accordance with arrangements made under section 28C | 35 |
of the National Health Service Act 1977; or | |
(b) under a contract under section 28K or 28Q of that Act; | |
in respect of information relating to the provision of those | |
services.” | |
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Health and Social Care Act 2001 (c. 15) | |
67 The Health and Social Care Act 2001 has effect subject to the following | |
amendments. | |
68 Section 18 shall cease to have effect. | |
69 In section 28(4), for the words from “personal medical services” to the end | 5 |
substitute “primary medical services or primary dental services under any | |
provision of, or made under, the 1977 Act.” | |
70 (1) Schedule 1 is amended as follows. | |
(2) For paragraphs 11 and 12 substitute— | |
“11. Information relating to a particular person who— | 10 |
(a) is or was formerly providing primary medical services or | |
primary dental services under a contract under section 28K | |
or 28Q of the 1977 Act; | |
(b) is or was formerly included in, or is an applicant for | |
inclusion in, a list under section 28W of the 1977 Act.” | 15 |
(3) In paragraph 13, for “, 11 or 12” substitute “or 11”. | |
71 In Schedule 2, in paragraph 5(2), for paragraphs (c) and (d) substitute— | |
“(c) primary medical services provided under Part 1 of | |
the 1977 Act.” | |
National Health Service Reform and Health Care Professions Act 2002 (c. 17) | 20 |
72 (1) Section 17 of the National Health Service Reform and Health Care | |
Professions Act 2002 is amended as follows. | |
(2) In subsection (1)— | |
(a) after paragraph (f) insert— | |
“(fa) persons providing primary medical services or | 25 |
primary dental services under Part 1 of the 1977 Act,”; | |
and | |
(b) in paragraph (g), omit the words from “or under” to “that Act”. | |
(3) In subsection (2), for “(1)(g)” substitute “(1)(fa), (g)”. | |
Schedule 12 | 30 |
Section 183 | |
Privy Council appointments | |
Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61) | |
1 (1) The Pharmacy Act 1954 is amended as follows. | |
(2) In section 15 (appointment of certain members to the Council of the | |
Pharmaceutical Society of Great Britain) after subsection (2) there are | 35 |
inserted the following subsections— | |
“(3) Subsection (4) applies if, under section 183 of the Health and Social | |
Care (Community Health and Standards) Act 2003, the Secretary of | |
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|
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State has given a direction to a Special Health Authority to exercise | |
any function of a Minister of the Crown relating to the making of | |
appointments to a body mentioned in that section. | |
(4) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction its functions under | 5 |
this section in relation to— | |
(a) the appointment of members to the Council; | |
(b) the period for which a person appointed is to hold office.” | |
(3) In Schedule 1 (the Statutory Committee) after paragraph 3 there is inserted | |
the following paragraph— | 10 |
“3A (1) This paragraph applies if, under section 183 of the Health and | |
Social Care (Community Health and Standards) Act 2003, the | |
Secretary of State has given a direction to a Special Health | |
Authority to exercise any function of a Minister of the Crown | |
relating to the making of appointments to a body mentioned in | 15 |
that section. | |
(2) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction its functions under | |
paragraph 1 in relation to the appointment and removal of the | |
chairman of the committee. | 20 |
(3) If the Privy Council give a direction as mentioned in sub- | |
paragraph (2) for so long as the direction remains in force and for | |
the purposes (if any) specified in the direction paragraph 3(2)(b) | |
must be construed as if the reference to the Clerk to the Privy | |
Council is a reference to the Special Health Authority.” | 25 |
Medical Act 1983 (c. 54) | |
2 (1) Schedule 1 to the Medical Act 1983 (the General Medical Council) is | |
amended as follows. | |
(2) In paragraph 4(1) (nominated members) for the words “Her Majesty on the | |
advice of Her Privy Council” there are substituted “the Privy Council”. | 30 |
(3) After paragraph 4 there is inserted— | |
“4ZA (1) This paragraph applies if, under section 183 of the Health and | |
Social Care (Community Health and Standards) Act 2003, the | |
Secretary of State has given a direction to a Special Health | |
Authority to exercise any function of a Minister of the Crown | 35 |
relating to the making of appointments to a body mentioned in | |
that section. | |
(2) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction its functions under | |
paragraph 4 in relation to the nomination of persons to be | 40 |
nominated members of the Council.” | |
Dentists Act 1984 (c. 24) | |
3 (1) Schedule 1 to the Dentists Act 1984 (the General Dental Council) is amended | |
as follows. | |
| |
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|
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(2) In paragraph 1 (constitution) in sub-paragraph (5) for “paragraph 2” there is | |
substituted “paragraphs 2 and 2A”. | |
(3) In paragraph 2 (lay members) for sub-paragraphs (2) and (3) there are | |
substituted the following— | |
“(2) The lay members shall be appointed by the Privy Council. | 5 |
(3) The lay members must include at least one person from each of | |
England, Scotland, Wales and Northern Ireland. | |
(4) A person is from England, Scotland, Wales or Northern Ireland (as | |
the case may be) if he lives or works there or mainly lives or works | |
there.” | 10 |
(4) After paragraph 2 there is inserted the following paragraph— | |
“2A (1) This paragraph applies if, under section 183 of the Health and | |
Social Care (Community Health and Standards) Act 2003, the | |
Secretary of State has given a direction to a Special Health | |
Authority to exercise any function of a Minister of the Crown | 15 |
relating to the making of appointments to a body mentioned in | |
that section. | |
(2) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction its functions under | |
paragraph 2 in relation to— | 20 |
(a) the appointment of persons to be lay members of the | |
Council; | |
(b) the termination of such an appointment.” | |
Opticians Act 1989 (c. 44) | |
4 In Schedule 1 to the Opticians Act 1989 (the General Optical Council) after | 25 |
paragraph 2 there is inserted the following paragraph— | |
“2A (1) This paragraph applies if, under section 183 of the Health and | |
Social Care (Community Health and Standards) Act 2003, the | |
Secretary of State has given a direction to a Special Health | |
Authority to exercise any function of a Minister of the Crown | 30 |
relating to the making of appointments to a body mentioned in | |
that section. | |
(2) The Privy Council may direct the Special Health Authority to | |
exercise to the extent specified in the direction— | |
(a) its functions under paragraphs 1 and 2 in relation to the | 35 |
nomination of persons to be members of the Council; | |
(b) its functions under paragraph 8 in relation to the | |
nomination of the Chairman of the Council.” | |
Osteopaths Act 1993 (c. 21) | |
5 In the Schedule to the Osteopaths Act 1993 after paragraph 11 (members of | 40 |
the General Council appointed by the Privy Council) there is inserted the | |
following paragraph— | |
“11A (1) This paragraph applies if, under section 183 of the Health and | |
Social Care (Community Health and Standards) Act 2003, the | |
Secretary of State has given a direction to a Special Health | 45 |
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