National Health Service Act 1977

Part I — Services and Administration

Functions of the Secretary of State

Appointment of acting Commissioners.

1

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Secretary of State's general power as to services

2

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Services generally

3

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Special hospitals

4

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Other services

5

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Central Health Services Council and Medical Practices Committee

Central Health Services Council, and standing advisory committees

6

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Medical Practices Committee

7

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Local administration

Regional and Area Health Authorities

8

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Special provisions for Area Health Authorities (Teaching)

9

Membership

10

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Special health authorities

11

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Supplementary provisions for ss. 8 to 11

12

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Secretary of State's directions

13

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Regional Health Authority's directions

14

Duty of Family Practitioner Committee

15

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Exercise of functions

16

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17

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Directions under ss. 13 to 17 generally

18

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Local advisory committees and Community Health Councils

Local advisory committees

19

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Community Health Councils

20

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Co-operation and assistance

Local social services authorities

21

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Co-operation between health authorities and local authorities

22

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Voluntary organisations and other bodies

23

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Overseas aid

24

Exercise of functions by Local Health Boards

25

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Supply of goods and services by Secretary of State

26

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Conditions of supply under s. 26

27

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Supply of goods and services by local authorities

28

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Part II — General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services

General medical services

Secretary of State’s directions: distribution of functions.

29

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Applications to provide general medical services

30

Health Authority’s directions: exercise of functions.

31

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Independent advocacy services

32

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Distribution of general medical services

33

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Regulations for Medical Practices Committee

34

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General dental services

Arrangements for general dental services

35

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Regulations as to s. 35

36

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Dental Estimates Board

37

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General ophthalmic services

Arrangements for general ophthalmic services

38

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39

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Medical practitioners with qualifications prescribed under s. 38

40

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Pharmaceutical services

Arrangements for pharmaceutical services

41

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Regulations as to s. 41

42

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Persons authorised to provide pharmaceutical services

43

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Local representative committees

Recognition of local representative committees

44

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Functions of local representative committees

45

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Provisions as to disqualification of practitioners

Disqualification of practitioners

46

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Removal of disqualification

47

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Disqualification provisions in Scotland or Northern Ireland

48

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Regulations as to ss. 46 to 48

49

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Other provisions supplementary to Part II

Exercise of choice of practitioner in certain cases

50

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University clinical teaching and research

51

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Use of accommodation

52

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Immunisation

53

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Prohibition of sale of medical practices

54

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Decision of disputes

55

Inadequate services

56

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Part III — Other Powers of the Secretary of State as to theHealth Service

Control of maximum prices for medical supplies

Maximum price of medical supplies may be controlled

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• (1) The Secretary of State may by order provide for controlling maximum prices to be charged for any medical supplies required for the purposes of this Act.

• (2) The Secretary of State may by direction given with respect to any undertaking, or by order made with respect to any class or description of undertakings, being an undertaking or class or description of undertakings concerned with medical supplies required for the purposes of this Act, require persons carrying on the undertaking or undertakings of that class or description—

• (a) to keep such books, accounts and records relating to the undertaking as may be prescribed by the direction or, as the case may be, by the order or a notice served under the order;

• (b) to furnish at such times, in such manner and in such form as may be so prescribed such estimates, returns or information relating to the undertaking as may be so prescribed.

• (3) The additional provisions set out in Schedule 11 to this Act have effect in relation to this section; and

• “medical supplies” in this section includes surgical, dental and optical materials and equipment; and

• “undertaking” in this section and that Schedule means any public utility undertaking or any undertaking by way of trade or business.

Additional powers as to services and supplies; and the use of those services and supplies for private patients

Power of Secretary of State to make payments towards expenditure on community services in Wales.

58

S. 58 power in relation to private patients

59

Additional provision as to charges under s. 58

60

• (1) There shall be made in respect of any exercise of the section 58 power such charges as the Secretary of State may in accordance with subsections (2) and (3) below determine.

• (2) Without prejudice to the generality of the Secretary of State's section 58 power to make and recover charges for any use which he may under that section allow to be made of any accommodation or services provided under this Act, the Secretary of State may in pursuance of subsection (1) above determine different rates or scales of charges—

• (a) for different accommodation or services at different health service hospitals or different classes of such hospitals;

• (b) for different forms or classes of treatment;

• (c) in relation to patients who are, and patients who are not, ordinarily resident in Great Britain ;

• (d) generally for different accommodation and for different services and in relation to different circumstances.

• (3) The charges determined in pursuance of subsection (1) above—

• (a) shall be such as will ensure, so far as is practicable, that no increase in the expenses incurred by the Secretary of State under this Act results from any exercise of the section 58 power ;

• (b) shall include such amounts as appear to the Secretary of State proper and reasonable in respect of costs appearing to him to be properly attributable to capital account; and

• (c) in the case of charges for services provided to a private patient at a health service hospital by a whole-time consultant, shall be not less than would be charged by a part-time consultant for providing similar services in similar circumstances to a private patient of his.

• (4) Where a health authority receives any sum charged under section 58 for services provided to a private patient by a whole-time consultant—

• (a) the authority shall retain that sum and use it for the purposes of research and development in medicine or dentistry, but

• (b) if the services in question were provided by a consultant employed by a medical or dental school or university, the authority shall, if so directed by the Secretary of State, pay the sum to that school or university to use for those purposes.

• (5) Nothing in this section or in section 59 above prevents the Secretary of State from allowing any medical or dental practitioner employed by a health authority to make use of any accommodation or services provided by virtue of this Act to the extent to which the practitioner would be entitled to make such use under the terms of that employment if those terms were as they were or would have been at the passing of the Health Services Act 1976.

• (6) In this section—

• " health authority " includes a preserved Board ;

• " preserved Board " has the meaning given by section 15(6) of the National Health Service Reorganisation Act 1973;

• " whole-time consultant " and " part-time consultant " mean respectively a consultant employed whole-time or part-time by a health authority, medical or dental school or university.

Additional powers as to disposal and production of goods

61

Restriction of powers under ss. 25, 58 and 61

62

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Further provisions as to payments by patients for health service accommodation and services

Hospital accommodation on part payment

63

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Personal medical or dental services.

64

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Accommodation and services for private resident patients

65

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Accommodation and services for private non-resident patients

66

• (1) If the Secretary of State is satisfied, in the case of a health service hospital or group of such hospitals or of the health service hospitals in a particular area, that it is reasonable to do so—

• (a) he may, subject to section 71 below, authorise accommodation and services at the hospital or hospitals in question to be made available to such extent as he may determine, and

• (b) that accommodation and those services shall be available in connection with treatment, in pursuance of arrangements made by a medical practitioner or dental practitioner serving (whether in an honorary or paid capacity) on the staff of any such hospital, of private patients of that practitioner otherwise than as resident patients.

Those patients shall be patients who give an undertaking (or for whom one is given) to pay, in respect of the accommodation and services, such charges as the Secretary of State may determine, and he may recover those charges.

• (2) The Secretary of State may under subsection (1) above determine different charges for different accommodation and for different services, and in relation to different circumstances.

• (3) No accommodation and no services shall be so made available under subsection (1) above as to prejudice persons availing themselves of services at a hospital otherwise than as private patients.

Withdrawal of health service pay beds and services from private patients

Withdrawal of facilities available for private patients

67

Revocation of authorisations under s. 65 or s. 66

68

• (1) It continues to be the duty of the Health Services Board to submit to the Secretary of State from time to time in accordance with this section proposals for the progressive revocation of—

• (a) the authorisations under section 65(1) above or those granted by virtue of section 71(3) below, and

• (b) the authorisations under section 66(1) above or those granted by virtue of section 71(3) below,

and it shall be the Secretary of State's duty to give effect to all proposals so submitted.

• (2) The Health Services Board shall in the 6 months beginning with the date on which its first proposals were submitted under section 4(2) of the Health Services Act 1976, and in each successive period of 6 months thereafter, submit further proposals under this section or, if in all the circumstances it decides that the submission of further proposals in any particular period of 6 months is unnecessary, shall instead prepare and submit to the Secretary of State a report explaining the Board's reasons for that decision.

• (3) In formulating proposals under this section the Board shall—

• (a) have regard to the principles set out in section 70 below; and

• (b) consider any representations made to the Board by—

• (i) the Secretary of State ;

• (ii) any body which is representative of medical practitioners or dental practitioners or of persons employed in the health service or concerned with the interests of patients at health service hospitals ;

• (iii) any other person having a substantial interest in the proposals.

In deciding what advice to give the Board in connection with the formulation of any such proposals the Board's Welsh Committee shall likewise have regard to the principles set out in section 70 and shall consider any representations made to the Committee by any of the persons or bodies above mentioned.

• (4) Each set of proposals under this section shall specify—

• (a) the accommodation and services authorisation of which under section 65(1) or section 66(1) should be revoked, and

• (b) the date before which the necessary revocations should take effect,

and may specify different dates for different accommodation or services so specified.

Further provisions as to revocation of s. 66 authorisations

69

• (1) Without prejudice to subsection (3) of section 68 above, the Health Services Board, in formulating proposals under that section for the revocation of authorisations given under section 66(1) above in respect of accommodation or services at any particular health service hospital or hospitals, and the Welsh Committee in deciding what advice to give the Board in connection with the formulation of any such proposals—

• (a) shall have regard to the purposes and specialties for which the accommodation or services in question are available for use in connection with the treatment of non-resident private patients, and

• (b) shall apply the principles set out in section 70 below separately in respect of different purposes and specialties,

and the Board may formulate separate proposals in respect of different purposes or specialties accordingly.

• (2) As regards the revocation of authorisations under section 66(1), any proposals under section 68 relating to—

• (a) accommodation available to consultants for the purpose of affording consultations to their private patients, or

• (b) accommodation and services available for the following specialties, namely, radiotherapy, diagnostic pathology and diagnostic radiology (including scanning, ultrasonics and methods involving the use of radio-isotopes),

shall be formulated by the Board as separate proposals; and (without prejudice to section 68(1) to (3) above and subsection (1) above) the Board's first proposals under section 4(2) of the Health Services Act 1976 (submitted within 6 months of the passing of that Act or such longer period as the Secretary of State may allow) shall include separate proposals relating to accommodation available to consultants as mentioned in paragraph (a) above.

• (3) Without prejudice to section 68 and the preceding provisions of this section, the Health Services Board shall, as regards the revocation of authorisations under section 66(1), submit separate proposals under section 68 relating to—

• (a) accommodation and services available for the specialties other than radiotherapy mentioned in subsection (2)(b) above, and

• (b) other accommodation and services available for diagnostic purposes,

and shall do so not later than the end of the 12 months following the initial period defined by the Health Services Act 1976 (that is the period of 6 months beginning with the date on which that Act was passed), or, if a period longer than the initial period has been allowed under that Act for the submission of the Board's first proposals under this section, the 12 months following that longer period.

Lists of persons who may perform personal medical services or personal dental services

70

The principles referred to in sections 68 and 69 above are—

• (a) that accommodation or services at any particular health service hospital or hospitals should remain authorised under section 65(1) or section 66(1) above for use in connection with the treatment of resident or non-resident private patients only while there is a reasonable demand for accommodation and facilities for the private practice of medicine and dentistry in the area or areas served by the hospital or hospitals in question;

• (b) that the authorisation of any such accommodation or services under those provisions for use in that connection should be revoked only if sufficient accommodation and facilities for the private practice of medicine and dentistry are otherwise reasonably available (whether privately or at health service hospitals) to meet the reasonable demand for them in the area or areas served by the hospital or hospitals in question;

• (c) that the continued authorisation of any such accommodation or services under those provisions for use in that connection should depend on there having been or being taken all reasonable steps to provide, otherwise than at health service hospitals, sufficient reasonable accommodation and facilities for the private practice of medicine and dentistry to meet the reasonable demand for them in the area or areas served by the hospital or hospitals in question ;

• (d) that failure, in the circumstances mentioned in paragraph (c) above, to take all reasonable steps that could be taken to provide as mentioned in that paragraph would itself be grounds for the Health Services Board, after giving due warning to persons likely to be affected thereby of the likely consequences of such failure, to propose the revocation of the authorisations under those provisions relating to accommodation or services at the hospital or hospitals in question.

Restrictions on authorisations under s. 65 or s. 66

71

• (1) No authorisation—

• (a) under section 65(1) or section 66(1) above shall be granted, except by virtue of subsection (2) or subsection (4) below ; and

• (b) shall be, other than one granted on a temporary basis as mentioned in subsection (4), to any extent revoked otherwise than in accordance with proposals submitted to the Secretary of State by the Health Services Board under section 68 above.

• (2) The Health Services Board may submit to the Secretary of State proposals for securing that in any case where one or more beds authorised under section 65(1) cease to be available to resident private patients, or any accommodation or services authorised under section 66(1) cease to be available to non-resident private patients, in consequence of the permanent closure of any health service hospital accommodation in England or Wales independently of any proposals submitted by the Board under section 68, the total number of effective beds, or the total amount of effective accommodation or services, as the case may be, so authorised in England or Wales is not thereby reduced below what it would be if—

• (a) the closed accommodation had remained in use, but

• (b) effect had been given by the Secretary of State to all proposals under section 68 received by him before the submission of the proposals in question under this subsection.

• (3) It shall be the Secretary of State's duty to grant such authorisations under section 65(1) or section 66(1), as the case may be, as are needed to give effect to any proposals submitted to him under subsection (2) above.

• (4) Where any health service hospital accommodation in England or Wales is temporarily closed (whether at the instance of the Secretary of State or not) for physical or other reasons outside his control, the Secretary of State shall, without the need for any proposals by the Board, grant on a temporary basis such authorisations under section 65(1) or section 66(1) as he would have been able to grant by virtue of subsections (2) and (3) above if—

• (a) the closure had been permanent; and

• (b) the Board had submitted to him any proposals which it could in that case have submitted to him under subsection (2).

• (5) Subject to the restrictions imposed by this section, section 65 or, as the case may be, section 66 continue to have effect in relation to any accommodation or services to which an authorisation under section 65(1) or section 66(1) relates.

Use by practitioners of health service facilities for private Practice

Permission for use of facilities in private practice

72

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Information and reports

Information for Health Services Board

73

Publication of matters under ss. 68 and 71

74

The Secretary of State shall cause every set of proposals submitted to him under sections 68 and 71 above, and every report submitted to him under section 68(2), to be published as soon as practicable after its submission, and shall lay a copy of every such set of proposals or report before each House of Parliament.

Reports on extent of facilities for private patients

75

• (1) There shall be prepared by the Secretary of State on the matters mentioned in subsection (2) below an annual report relating to England and one relating to Wales, and he shall lay a copy of every report under this section before each House of Parliament.

• (2) The matters referred to under subsection (1) above are—

• (a) the accommodation and services at health service hospitals which in the period covered by the report were available for use in connection with the treatment of private patients by virtue of authorisations under sections 65(1) and 66(1) above;

• (b) the extent to which " the section 58 power " (as defined in section 59(1) above) was exercised in that period;

• (c) the extent to which the powers to which section 62 above applies were exercised in that period otherwise than by way of affording persons admission or access to accommodation or services at health service hospitals as resident or non-resident private patients; and

• (d) the extent to which progress has been made in implementing the common waiting-lists referred to in section 6 of the Health Services Act 1976, and in section 76 below.

" Common waiting-lists "

76

• (1) The reference in paragraph (d) of section 75(2) above to common waiting-lists is to the recommendations made to the Secretary of State by the Health Services Board under section 6(1) of the Health Services Act 1976.

• (2) Those recommendations—

• (a) related to arrangements for affording persons admission or access as resident patients (authorised under section 65 above) or non-resident patients (authorised under section 66 above) to accommodation and services; and

• (b) were in the Board's opinion the ones best suited for securing that all persons admitted or afforded access to accommodation or services at health service hospitals as resident or non-resident patients are, so far as practicable, admitted or afforded access thereto on the basis of medical priority alone, whether coming as private patients or not.

Regulations as to certain charges

Charges for drugs, medicines or appliances, or pharmaceutical services

77

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Charges for dental or optical appliances

78

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Charges for dental treatment

79

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Charges for designated facilities

80

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Charges for more expensive supplies

81

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Charges for repairs and replacements in certain cases

82

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Sums otherwise payable to those providing services

83

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Inquiries, and default and emergency powers

Inquiries

84

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Default powers

85

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Emergency powers

86

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Part IV — Property and Finance

Land and other Property

Regulations for Medical Practices Committee.

87

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Indemnity cover.

88

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Power of voluntary organisations to transfer property

89

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Trusts

Gifts on trust

90

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Private trusts for hospitals

91

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Further transfers of trust property

92

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Trust property previously held for general hospital purposes

93

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Vacancies for medical practitioners.

94

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Special trustees for a university or teaching hospital

95

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Trusts: supplementary provisions

96

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Finance and Accounts

Expenses of health authorities

97

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Accounts and audit

98

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Arrangements for general ophthalmic services.

99

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Other payments

100

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Secretary of State's receipts

101

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Miscellaneous provisions as to remuneration, allowances and superannuation

Allowances and remuneration for members of certain bodies

102

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Special arrangement as to payment of remuneration

103

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Superannuation of officers of certain hospitals

104

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Payments for certain medical examinations

105

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Part V

Appointment and tenure of office of Commissioners

106

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Salaries and pensions of Commissioners

107

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Administrative provisions

108

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Bodies subject to investigation

109

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Who may complain

111

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Reply

112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commissioner's discretion

113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrangements for providing additional pharmaceutical services.

114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters subject to investigation

115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters not subject to investigation

116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference to Commissioner by relevant body

117

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of decisions

118

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports by Commissioners

119

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists

120

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI — Miscellaneous and Supplementary

General provisions as to charges

Charges in respect of non-residents

121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charges for drugs, medicines or appliances, or pharmaceutical services.

122

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Miscellaneous

Persons displaced by health service development

123

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Special notices of births and deaths

124

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

125

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Default powers.

126

• (1) Any power to make orders , rules or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall , unless it is a PCT order or an instrument to which subsection (1A) applies or an instrument made by the National Assembly for Wales, be subject to annulment in pursuance of a resolution of either House of Parliament.

This subsection—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) does not apply to an order made under section 28EE(2) or section 84A above, paragraph 20, 21 or 23 of Schedule 5A to this Act , paragraph 19, 20 or 22 of Schedule 5B to this Act or to paragraph 10 of Schedule 11 to this Act.

• (1A) The Secretary of State may not make a statutory instrument containing the first regulations made under section 79(1) above (as substituted by the Health and Social Care (Community Health and Standards) Act 2003) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

• (2) Any power to make regulations conferred on the Secretary of State by this Act or Part I of the National Health Service and Community Care Act 1990 is, if the Treasury so directs, exercisable by the Treasury and the Secretary of state acting jointly, except in the case of—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) regulations made under section 77(1) above in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraphs 1(1) of Schedule 12 to this Act or Part I of the National Health Service and Community Care Act 1990 in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;

• (c) regulations made under paragraph 2(2) of that Schedule;

• (d) regulations made under paragraph 2(6) of that Schedule.

• (3) Where under or by virtue of any provision of this Act or Part I of the National Health Service and Community Care Act 1990—

• (a) power to make an order may be exercisable, or

• (b) directions may be given,

that provision includes power to vary or revoke the order or direction, as the case may be, by subsequent order or by subsequent directions.

• (3A) Directions given by the Secretary of State or by a Strategic Health Authority or Health Authority in pursuance of any provision of this Act or Part I of the National Health Service and Community Care Act 1990 shall be given by an instrument in writing.

• (3B) In relation to directions given in pursuance of section 16BB or sections 16D to 17B above section 18 above applies in place of subsections (3) and (3A) above.

• (3C) Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the National Health Service and Community Care Act 1990 shall comply with the directions.

• (4) Any power conferred by this Act or Part I of the National Health Service and Community Care Act 1990 to make orders , rules, regulations or schemes, and any power conferred by section 16BB, 18 or 19A(7) above , or by section 28E(3A), 28N, 28T , 28U or 28WD above, or by section 42A or 42B above, to give directions by an instrument in writing, may unless the contrary intention appears, be exercised—

• (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and

• (b) so as to make, as respects the cases in relation to which it is exercised—

• (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

• (ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act or Part I of the National Health Service and Community Care Act 1990 or that section,

• (iii) any such provision either unconditionally, or subject to any specified condition,

and includes power to make such supplementary, incidental, consequential, transitory, transitional or saving provision in the orders , rules, regulations, schemes or directions as the persons making or giving them consider appropriate.

This subsection does not only apply to ... an order made under section 57 above (but without prejudice to paragraph 1(1) of Schedule 11 to this Act or Part I of the National Health Service and Community Care Act 1990)

• (4A) Supplementary, incidental, consequential, transitory, transitional or saving provision made by virtue of subsection (4) above in connection with an order under section 20A above, or regulations under Schedule 7A to this Act, may include provision amending or repealing any provision made by or under an enactment.

• (5) Without prejudice to the generality of subsection (4) above, any power which may be exercised as mentioned in paragraphs (a) and (b) of that subsection (other than a power to make rules) may make different provision for different areas.

Supplementary regulatory powers

127

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

128

• (1) In this Act and Part I of the National Health Service and Community Care Act 1990, unless the contrary intention appears—

• . . .

• . . .

• . . .

• ...

• “dental practitioner” means a person registered in the dentists register under the Dentists Act 1984;

• “disabled persons” means persons who are blind, deaf or dumb or who suffer from mental disorder of any description and other persons who are substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed;

• “dispensing optician” means a person who is registered in the register kept under section 2 of the Opticians Act 1958 of dispensing opticians or a body corporate enrolled in the list kept under section 4 of that Act of such bodies carrying on business as dispensing opticians;

• “equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle;

• “the FHSAA” means the Family Health Services Appeal Authority;

• “financial year” means a period of 12 months ending with 31st March in any year;

• “functions” included powers and duties;

• . . .

• . . .

• “general dental services contract” has the meaning given by section 28K above;

• “general medical services contract” has the meaning given by section 28Q above;

• “the health service” means the health service established in pursuance of section 1 of the National Health Service Act 1946 and continued under section 1(1) above;

• “health service body” has the same meaning as in section 4 of the National Health Service and Community Care Act 1990;

• “health service hospital” means a hospital vested in the Secretary of State for the purposes of his functions under this Act or vested in a Primary Care Trust , an NHS trust or an NHS foundation trust;

• “high security psychiatric services” has the meaning given by section 4 above

• . . .

• “hospital” means—any institution for the reception and treatment of persons suffering from illness,any maternity home, andany institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and hospital accommodation shall be construed accordingly;

• “illness” includes mental disorder within the meaning of the Mental Health Act 1983 and any injury or disability requiring medical or dental treatment or nursing;

• “local authority” means a county council, . . . a district council, a county borough council, a London borough council, and the Common Council of the City of London; . . .

• “local education authority” has the same meaning as in the the Education Act 1996;

• “local pharmaceutical services” means such services of a kind which may be provided under section 41 or by virtue of section 41A (except the provision of drugs, medicines or listed appliances by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 43(1)) as are prescribed by regulations under section 28 of the Health and Social Care Act 2001;

• “LPS arrangements” means arrangements made under a pilot scheme established under section 28 of the Health and Social Care Act 2001;

• “local social services authority” means the council of a non-metropolitan county, of a county boroughor of a metropolitan district or London borough, or the Common Council of the City of London;

• “medical” includes surgical;

• ...

• “medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978

• “medicine” includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 above;

• “modifications” includes additions, omissions and amendments;

• “NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990;

• “National Health Service trust” has the meaning assigned by section 5 of the National Health Service and Community Care Act 1990 and “NHS trust” shall be construed accordingly

• “officer” includes servant;

• “operational date”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 2 to the National Health Service and Community Care Act 1990

• “optometrist” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989 , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act , or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist;

• “patient” includes an expectant or nursing mother and a lying-in woman;

• ...

• ...

• “pharmaceutical services” has the meaning assigned by section 41 of this Act

• “prescribed” means prescribed by regulations made by the Secretary of State under this Act or Part I of the National Health Service and Community Care Act 1990;

• “PCT order” has the meaning given by section 16A above

• “primary dental services” means services which are primary dental services for the purposes of Part 1 (see section 16CA);

• “primary functions” shall be construed in accordance with section 3 of the National Health Service and Community Care Act 1990

• “primary medical services” means services which are primary medical services for the purposes of Part 1 (see section 16CC).

• “property” includes rights; . . .

• “registered pharmacist” means a pharmacist registered in the register of pharmaceutical chemists;

• “regulations” means regulations made by the Secretary of State under this Act or Part I of the National Health Service and Community Care Act 1990;

• “section 28C arrangements” means arrangements made under section 28C;

• . . .

• “superannuation benefits” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;

• “terms of service” means the terms upon which by virtue of regulations a person undertakes to provide ... general ophthalmic services or pharmaceutical services.

• “university” includes a university college;

• “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority;

• (1A) So far as is necessary or expedient in consequence of a direction under section 16D or 17A above providing for the exercise by a Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust of a function exercisable by another person, any reference in any enactment, instrument or other document to that other person is to be read as a reference to the Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust.

• (2) References in this Act to the purposes of a hospital shall be construed as referring both to the general purposes of the hospital and to any specific purpose of the hospital.

• (3) Any reference in this Act to any enactment is a reference to it as amended or applied by or under any other enactment including this Act.

Transitional provisions and savings, consequential amend­ ments, and repeals

129

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inadequate services.

130

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

Part I — Constitution of the Public Health Laboratory Service Board

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

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4

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5

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6

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7

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8

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9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Additional Provisions as to the Public HealthLaboratory Service Board

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

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14

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15

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16

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17

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18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Constitution of Central Council

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

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4

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5

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6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

PART I — Membership of Regional and Area Health Authorities

Regional Health Authorities

1

• (1) A Regional Health Authority shall consist of a chairman appointed by the Secretary of State, and of such number of other members appointed by him as he thinks fit.

• (2) Except in prescribed cases, it is the Secretary of State's duty, before he appoints a member of a Regional Health Authority other than the chairman, to consult with respect to the appointment—

• (a) such of the following bodies of which the areas or parts of them are within the region of the Authority, namely, county councils, metropolitan district councils, the Greater London Council, London borough councils, and the Common Council of the City of London ;

• (b) the university or universities with which the provision of health services in that region is, or is to be, associated ;

• (c) such bodies as the Secretary of State may recognise as being, either in that region or generally, representative respectively of medical practitioners, dental practitioners, nurses, midwives, registered pharmacists and ophthalmic and dispensing opticians, or representative of such other professions as appear to him to be concerned ;

• (d) any federation of workers' organisations which appears to the Secretary of State to be concerned, and any voluntary organisation within the meaning of section 23 above and any other body which appear to him to be concerned ; and

• (e) in the case of an appointment of a member falling to be made after the establishment of the Regional Health Authority in question, that Authority,

Area Health Authorities

2

• (1) Subject to paragraph 4 below, an Area Health Authority for an area in England shall consist of the following members—

• (a) a chairman appointed by the Secretary of State ;

• (b) the specified number of members appointed by the relevant Regional Authority after consultation (except in prescribed cases) with the bodies mentioned in sub-paragraph (2) below ;

• (c) the specified number of members appointed by the relevant Regional Authority on the nomination of the university or universities specified as being associated with the provision of health services in that Authority's region; and

• (d) the specified number (not less than four) of members appointed by the specified local authority or local authorities.

• (2) The bodies referred to in sub-paragraph (1)(b) above are—

• (a) such bodies as the relevant Regional Authority may recognise as being, either in its region or in the area of the Area Health Authority or generally, representative respectively of medical practitioners, dental practitioners, nurses, midwives, registered pharmacists and ophthalmic and dispensing opticians, or representative of such other professions as appear to the relevant Regional Authority to be concerned;

• (b) such other bodies (including any federation of workers' organisations) as appear to the relevant Regional Authority to be concerned, excluding any university which has nominated, or is entitled to nominate, a member, and any local authority which has appointed, or is entitled to appoint, a member ; and

• (c) in the case of an appointment of a member falling to be made after the establishment of the Area Health Authority in question, that Authority.

3

Paragraph 2 above applies to an Area Health Authority for an area in Wales as if, for any reference to the relevant Regional Authority, there were substituted a reference to the Secretary of State, and for any reference to England or the region of that Authority there were substituted a reference to Wales.

4

The members of an Area Health Authority (Teaching) shall, in addition to the members appointed in pursuance of paragraph 2 above, include the specified number of members appointed—

• (a) in the case of such an Authority the area of which is in England, by the relevant Regional Authority from among persons appearing to that Authority to have knowledge of and experience in, the administration of a hospital providing substantial facilities for under-graduate or post-graduate clinical teaching; and

• (b) in the case of such an Authority the area of which is in Wales, by the Secretary of State from among persons appearing to him to have such knowledge and experience.

Supplemental

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Family Practitioner Committees

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Supplementary Provisions

Corporate status

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pay and allowances

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

12

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13

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14

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15

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16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

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4

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5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

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4

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5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

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7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8

Care of mothers and young children

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prevention, care and after-care

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Home help and laundry facilities

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Constitution of Tribunal

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

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4

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5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

Prohibition, and certificate of Medical Practices Committee

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certain transactions deemed sale of goodwill

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11

Orders and directions

1

• (1) Any power of making orders under section 57 above includes power to provide for any incidental and supplementary provisions which the Secretary of State thinks it expedient for the purposes of the order to provide.

• (2) An order under section 57 may make such provisions (including provision for requiring any person to furnish any information) as the Secretary of State thinks necessary or expedient for facilitating the introduction or operation of a scheme of control for which provision has been made, or for which, in his opinion, it will or may be found necessary or expedient that provision should be made, under that section.

• (3) An order under section 57 may prohibit the doing of anything regulated by the order except under the authority of a licence granted by such authority or person as may be specified in the order, and may be made so as to apply either to persons or undertakings generally or to any particular person or undertaking or class of persons or undertakings, and so as to have effect either generally or in any particular area.

• (4) The Interpretation Act 1978 shall apply to the interpretation of any order made under section 57 as it applies to the interpretation of an Act of Parliament and for the purposes of sections 16(1) and 17(2)(a) of that Act any such order shall be deemed to be an Act of Parliament.

Notices, authorisations and proof of documents

2

• (1) A notice to be served on any person for the purposes of section 57 above, or of any order or direction made or given under that section, shall be deemed to have been duly served on the person to whom it is directed if—

• (a) it is delivered to him personally; or

• (b) it is sent by registered post or the recorded delivery service addressed to him at his last or usual place of abode or place of business.

• (2) Where under section 57 and this Schedule a person has power to authorise other persons to act thereunder, the power may be exercised so as to confer the authority either on particular persons or on a specified class of persons.

• (3) Any permit, licence, permission or authorisation granted for the purposes of section 57 may be revoked at any time by the authority or person empowered to grant it.

• (4) Every document purporting to be an instrument made or issued by the Secretary of State or other authority or person in pursuance of section 57 and this Schedule or any provisions so having effect and to be signed by or on behalf of the Secretary of State, or that authority or person, shall be received in evidence and shall until the contrary is proved, be deemed to be an instrument made or issued by the Secretary of State, or that authority or person.

• (5) Prima facie evidence of any such instrument as is described in sub-paragraph (4) above may in any legal proceedings (including arbitrations) be given by the production of a document purporting to be certified to be a true copy of the instrument by or on behalf of the Secretary of State or other authority or person having power to make or issue the instrument.

Territorial extent

3

So far as any provisions contained in or having effect under section 57 above and this Schedule impose prohibitions, restrictions or obligations on persons, those provisions apply to all persons in the United Kingdom and all persons on board any British ship or aircraft, not being an excepted ship or aircraft, and to all other persons, wherever they may be, who are ordinarily resident in the United Kingdom and who are citizens of the United Kingdom and Colonies or British protected persons.

False documents and false statements

4

• (1) A person shall not, with intent to deceive—

• (a) use any document issued for the purposes of section 57 above and this Schedule or of any order made under that section;

• (b) have in his possession any document so closely resembling such a document as is described in paragraph (a) above as to be calculated to deceive;

• (c) produce, furnish, send or otherwise make use of for purposes connected with that section and this Schedule or any order or direction made or given under that section, any book, account, estimate, return, declaration or other document which is false in a material particular.

• (2) A person shall not, in furnishing any information for the purposes of section 57 and this Schedule or of any order made under that section, make a statement which he knows to be false in a material particular or recklessly make a statement which is false in a material particular.

Restrictions on disclosing information

5

No person who obtains any information by virtue of section 57 above and this Schedule shall, otherwise than in connection with the execution of that section and this Schedule or of an order made under that section, disclose that information except for the purposes of any criminal proceedings, or of a report of any criminal proceedings, or with permission granted by or on behalf of a Minister of the Crown.

Offences by corporations

6

Where an offence under this Schedule committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Penalties

7

• (1) If any person contravenes or fails to comply with any order made under section 57 above, or any direction given or requirement imposed under that section, or contravenes or fails to comply with this Schedule (except for paragraph 8(3) or paragraph 9(4) below) he is, save as otherwise expressly provided, guilty of an offence.

• (2) Subject to any special provisions contained in this Schedule, a person guilty of such an offence shall—

• (a) on summary conviction, be liable to imprisonment for a term not exceeding three months or to a fine not exceeding £100, or to both; or

• (b) on conviction on indictment, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding £500, or to both.

• (3) Where a person convicted on indictment of such an offence is a body corporate, no provision limiting the amount of the fine which may be imposed shall apply, and the body corporate shall be liable to a fine of such amount as the court thinks fit.

Production of documents

8

• (1) For the purposes—

• (a) of securing compliance with any order made or direction given under section 57 above by or on behalf of the Secretary of State, or

• (b) of verifying any estimates, returns or information furnished to the Secretary of State in connection with section 57 or any order made or direction given under that section,

an officer of the Secretary of State duly authorised in that behalf has power, on producing (if required to do so) evidence of his authority, to require any person carrying on an undertaking or employed in connection with an undertaking to produce to that officer forthwith any documents relating to the undertaking which that officer may reasonably require for the purpose set out above.

• (2) The power conferred by this paragraph to require any person to produce documents includes power—

• (a) if the documents are produced, to take copies of them or extracts from them and to require that person, or where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them,

• (b) if the documents are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.

• (3) If any requirement to produce documents or provide an explanation or make a statement which is imposed by virtue of this paragraph is not complied with, the person on whom the requirement was so imposed is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 3 on the standard scale , or to both.

Where a person is charged with such an offence in respect of a requirement to produce any document, it shall be a defence to prove that they were not in his possession or under his control and that it was not reasonably practicable for him to comply with the requirements.

9

• (1) If a justice of the peace is satisfied, on information on oath laid on the Secretary of State’s behalf, that there are any reasonable grounds for suspecting that there are on any premises any documents of which production has been required by virtue of paragraph 8 above and which have not been produced in compliance with that requirement, he may issue a warrant under this paragraph.

A warrant so issued may authorise any constable, together with any other persons named in the warrant and any other constables—

• (a) to enter the premises specified in the information (using such force as is reasonably necessary for the purpose); and

• (b) to search the premises and take possession of any documents appearing to be such documents as are mentioned above, or to take in relation to any documents so appearing any other steps which may appear necessary for preserving them and preventing interference with them.

• (2) Every warrant issued under this paragraph shall continue in force until the end of the period of one month after the date on which it is issued.

• (3) Any documents of which possession is taken under this paragraph may be retained for a period of three months or, if within that period there are commenced any proceedings for an offence under section 57 above and this Schedule to which they are relevant, until the conclusion of those proceedings.

• (4) Any person who obstructs the exercise of any right of entry or search conferred by virtue of a warrant under this paragraph, or who obstructs the exercise of any rights so conferred to take possession of any documents, is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 3 on the standard scale, or to both.

Northern Ireland

10

• (1) So far as the Secretary of State’s power under section 57 above and this Schedule is exercisable in relation to Northern Ireland—

• (a) he may, to such extent and subject to such restrictions as he thinks proper, by order delegate that power either to a Northern Ireland department or departments specified in that order or to the appropriate Northern Ireland department or departments; and

• (b) where any power is so delegated to the appropriate Northern Ireland department or departments, that power shall be exercised by such Northern Ireland department or departments as the Secretary of State may by order specify.

• (2) The power of the Secretary of State to make an order under sub-paragraph (1)(b) above shall be exercisable by statutory instrument; and where a power to make orders has been delegated in pursuance of sub-paragraph (1)—

• (a) any order made in pursuance of that power shall be made by statutory instrument; and

• (b) the Statutory Instruments Act 1946 shall apply in like manner as if the order had been made by the Secretary of State.

• (3) The references in section 57(1) and (2) above to this Act include any corresponding enactments of the Parliament of Northern Ireland or the Northern Ireland Assembly.

SCHEDULE 12

Regulations under section 77—charges for drugs, medicines or appliances, or pharmaceutical services

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations under section 78—charges for ... optical appliances

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous Provisions

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13

Part I — Procedural and other Provisions

Procedure in respect of investigations

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obstruction and contempt

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Secrecy of information

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II

Matters not subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14

General

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical schools in London

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 36 of the National Health Service Act 1946

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Acts and charters

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons authorised to provide pharmaceutical services

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification of practitioners

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definition of “local authority”

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 3 and 4 of the Health Services and Public Health Act 1968

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vehicles under section 33 of the Health Services and Public Health Act 1968

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prevention, care and after-care

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saving of amendments

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers of property by voluntary organisations

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental Health Act 1959

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Health Service Reorganisation Act 1973

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Complaints in respect of preserved Boards or bodies abolished under section 14 of the National Health Service Reorganisation Act 1973

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Permission deemed to have been granted under section 9(5) of the Health Services Act 1976

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 15

ACTS

The Midwives Act 1936 c.40

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Act 1944 c.31

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Act 1946 c.50

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Polish Resettlement Act 1947 c.19

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Assistance Act 1948 c.29

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Law Reform (Personal Injuries) Act 1948 c.41

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Children Act 1948 c.43

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Nurseries and Child-Minders Regulation Act 1948 c.53

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Service Act 1948 c.64

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 c.65

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Landlord and Tenant Act 1954 c.56

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Medical Act 1956 c.76

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Nurses Act 1957 c. 15

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

In section 33(1) of the Nurses Act 1957, in the definition of " hospital " for the words " National Health Service Act, 1946 " substitute " National Health Service Act 1977 ", and in the definition of " region ", for the words " National Health Service Reorganisation Act 1973 " substitute " National Health Service Act 1977 ".

17

In paragraph 3(e) of Schedule 1 to the Nurses Act 1957, for the words " section 2 of the National Health Service Reorganisation Act 1973 " substitute " sections 2 and 3 of the National Health Service Act 1977 ".

The Dentists Act 1957 c. 28

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Opticians Act 1958 c. 32

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

In section 30(1) of the Opticians Act 1958—

• (a) in the definition of " health service ophthalmic lists "—

• (i) for the word " supplementary " where it first occurs substitute " general ";

• (ii) for the words " section forty-one of the National Health Service Act 1946 " substitute " section 39 of the National Health Service Act 1977 ";

• (b) in the definition of " health service tribunal", for the words " Seventh Schedule to the said Act of 1946" substitute " Schedule 9 to the National Health Service Act 1977 ".

The Disabled Persons (Employment) Act 1958 c. 33

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Records Act 1958 c. 51

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Mental Health Act 1959 c. 72

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

In section 41(3) of the Mental Health Act 1959, for the words " National Health Service Act, 1946 " substitute " National Health Service Act 1977 " and for the words " Part II of that Act" substitute " Part I of that Act ".

28

In section 59(1) of the Mental Health Act 1959, for the words "National Health Service Acts 1946 to 1973 " substitute " National Health Service Act 1977 ".

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

In section 135(6) of the Mental Health Act 1959, for the words " Part I of the Health Services and Public Health Act 1968 " substitute " paragraph 2 of Schedule 8 to the National Health Service Act 1977 ".

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Health Visiting and Social Work (Training) Act 1962 c.33

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Health Service Act 1966 c.8

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .