Health And Social Services And Social Security Adjudications Act 1983

• (2) Regulations under this paragraph may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence against the regulations; and any person guilty of an offence against the regulations shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

Inspection of homes

20

• (1) Any person authorised in that behalf by the Secretary of State may at all times enter and inspect any premises which are used, or which that person has reasonable cause to believe to be used for the purposes of a residential care home.

• (2) Any person authorised in that behalf by a registration authority may at all times enter and inspect any premises in the area of the authority which are used, or which that person has reasonable cause to believe to be used, for those purposes.

• (3) The powers of inspection conferred by subparagraphs (1) and (2) above shall include power to inspect any records required to be kept in accordance with regulations under this Schedule.

• (4) The Secretary of State may by regulations require that residential care homes shall be inspected on such occasions or at such intervals as the regulations may prescribe.

• (5) A person who proposes to exercise any power of entry or inspection conferred by this paragraph shall if so required produce some duly authenticated document showing his authority to exercise the power.

• (6) Any person who obstructs the exercise of any such power shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

Prosecutions etc.

21

Where an offence under this Part of this Schedule or any regulations under it committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a 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.

22

• (1) In any proceedings for an offence under this Part of this Schedule, subject to subparagraph (2) below, it shall be a defence for the person charged to prove—

• (a) that the commission of the offence was due to a mistake or to reliance on information supplied to him or to the act or default of another person, an accident or some other cause beyond his control; and

• (b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

• (8) If in any such case the defence provided by subparagraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

Regulations

23

• (1) Any power of the Secretary of State to make regulations under this Part of this Schedule shall be exercisable by statutory instrument; and any statutory instrument containing regulations under this Part of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) Any such power may 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 the power is exercised—

• (i) the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same class or classes of case for different purposes;

• (ii) any such provision either unconditionally or subject to any specified condition;

and includes power to make such incidental or supplemental provision in the regulations as the Secretary of State considers appropriate.

Part II — Amendments of Acts Relating to Registered Homes

Nursing Homes Act 1975

24

In section 1 of the Nursing Homes Act 1975—

• (a) the following subparagraph shall be added at the end of paragraph (c) of subsection (1)—

(v) treatment by specially controlled techniques.

;

• (b) the following subsection shall be added after that subsection—

(1A) In subsection (1) above “specially controlled techniques” means techniques specified under subsection (3) below as subject to control for the purposes of this Act.

;

• (a) at the end of paragraph (e) of subsection (2) there shall be added (but not as part of subparagraph (iii), the words “unless they are used or intended to be used for the provision of treatment by specially controlled techniques and are not excepted by regulations under paragraph (g) below”; and

• (b) the following subsections shall be added after that subsection—

(3) The Secretary of State may by regulations specify as subject to control for the purposes of this Act any technique of medicine or surgery (including cosmetic surgery) as to which he is satisfied that its use may create a hazard for persons treated by means of it or for the staff of any premises where the technique is used. (4) Without prejudice to the generality of section 19 below regulations under subsection (3) may define a technique by reference to any criteria which the Secretary of State considers appropriate. (5) In this section “treatment” includes diagnosis and “treated” shall be construed accordingly.

.

25

The following subsection shall be inserted after subsection (1) of section 3 of that Act—

(1A) Registration under this Act does not affect any requirement to register under Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983 (registration of residential care homes).

.

26

The following section shall be inserted after that section—

(3A) (1) A person who, with intent to deceive any person,— (a) applies any name to premises in England or Wales; or (b) in any way so describes such premises or holds such premises out, as to indicate, or reasonably be understood to indicate, that the premises are a nursing home or maternity home, shall be guilty of an offence, unless registration has been effected under this Act in respect of the premises as such a home. (2) A person who, with intent to deceive any person,— (a) applies any name to premises in England or Wales; or (b) in any way so describes such premises or holds such premises out, as to indicate, or reasonably be understood to indicate, that the premises are a mental nursing home, shall be guilty of an offence, unless registration has been effected under this Act in respect of the premises as such a home.

.

27

The following paragraphs shall be inserted after section 5(1)(a) of that Act—

(aa) make provision as to the giving of notice by a person registered in respect of such a home of periods during which he or, if he is not in charge of the home, the person who is in charge of it, proposes to be absent from the home; (ab) specify the information to be supplied in such a notice; (ac) provide for the making of adequate arrangements for the running of such a home during a period when the person in charge of it is absent from it;

.

28

The following paragraphs shall be inserted after section 6(c) of that Act—

(ca) requiring persons registered under this Act to pay an annual fee of such amount as the regulations may specify; (cb) specifying when the fee is to be paid;

.

29

In paragraph (c) of section 7 of that Act for the words “imposed by section 8(1) and (2) below” there shall be substituted the words “for the time being in force in respect of the home by virtue of this Act”.

30

The following paragraph shall be inserted after paragraph (d) of that section—

(e) on the ground that the annual fee in respect of the home has not been paid on or before the due date.

.

31

• (1) The following subsection shall be substituted for subsection (2A) of section 8 of that Act—

(2A) The Secretary of State may make regulations— (a) as to the variation of any condition for the time being in force in respect of a nursing home or mental nursing home by virtue of this Act; and (b) as to the imposition of additional conditions.

.

• (2) In subsection (3) of that section, for the words “imposed by or under subsection (1) or (2) above” there shall be substituted the words “for the time being in force in respect of a home by virtue of this Act”.

32

The following sections shall be inserted after that section—

(8A) (1) If— (a) the Secretary of State applies to a justice of the peace for an order–– (i) cancelling the registration of a person in respect of a nursing home or mental nursing home; (ii) varying any condition for the time being in force in respect of a home by virtue of this Act; or (iii) imposing an additional condition; and (b) it appears to the justice of the peace that there will be a serious risk to the life, health or wellbeing of the patients in the home unless the order is made. he may make the order, and the cancellation, variation or imposition shall have effect from the date on which the order is made. (2) An application under subsection (1) above may be made ex parte and shall be supported by a written statement of the Secretary of State’s reasons for making the application. (3) An order under subsection (1) above shall be in writing. (4) Where such an order is made, the Secretary of State shall serve on any person registered in respect of the home, as soon as practicable after the making of the order,— (a) notice of the making of the order and of its terms; and (b) a copy of the statement of the Secretary of State’s reasons which supported his application for the order. (8B) (1) Where— (a) a person applies for registration in respect of a nursing home or mental nursing home; and (b) the Secretary of State proposes to grant his application, the Secretary of State shall give him written notice of his proposal and of the conditions subject to which he proposes to grant his application. (2) The Secretary of State shall give an applicant notice of a proposal to refuse his application. (3) Except where he makes an application under section 8A above, the Secretary of State shall give any person registered in respect of a nursing home or mental nursing home notice of a proposal— (a) to cancel the registration; (b) to vary any condition for the time being in force in respect of the home by virtue of this Act; or (c) to impose any additional condition. (4) A notice under this section shall give the Secretary of State’s reasons for his proposal. (8C) (1) A notice under section 8B above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the Secretary of State to give him an opportunity to make representations to him concerning any matter which that person wishes to dispute. (2) Where a notice has been served under section 8B above, the Secretary of State shall not determine any matter in dispute until either— (a) any person on whom the notice was served has made representations to him concerning the matter; or (b) the period during which any such person could have required the Secretary of State to give him an opportunity to make representations has elapsed without the Secretary of State being required to give such an opportunity; or (c) the conditions specified in subsection (3) below are satisfied. (3) The conditions mentioned in subsection (2) above are— (a) that a person on whom the notice was served has required the Secretary of State to give him an opportunity to make representations to him concerning the matter; (b) that the Secretary of State has allowed him a reasonable period to make his representations; and (c) that he has failed to make them within that period. (4) the representations may be made, at the option of the person making them, either in writing or orally. (5) If he informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give him an opportunity of appearing before and of being heard by a person appointed by the Secretary of State. (8D) (1) If the Secretary of State decides to adopt the proposal, he shall serve notice in writing of his decision on any person on whom he was required to serve notice of the proposal. (2) A notice under this section shall be accompanied by a note explaining the right of appeal conferred by section 8E below. (3) A decision of the Secretary of State, other than a decision to grant an application for registration subject only to conditions agreed between the applicant and the Secretary of State or to refuse an application for registration, shall not take effect— (a) if no appeal is brought, until the expiration of the period of 28 days referred to in section 8E(3) below; and (b) if an appeal is brought, until it is determined or abandoned. (8E) (1) An appeal against— (a) a decision of the Secretary of State under this Act; or (b) an order made by a justice of the peace under section 8A above, shall lie to a Registered Homes Tribunal. (2) An appeal shall be brought by notice in writing given to the Secretary of State. (3) No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order. (4) On an appeal against a decision of the Secretary of State the Tribunal may confirm the decision or direct that it shall not have effect. (5) On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect. (6) A Tribunal shall also have power on an appeal against a decision or order— (a) to vary any condition for the time being in force in respect of the home to which the appeal relates by virtue of this Act; (b) to direct that any such condition shall cease to have effect; or (c) to direct that any such condition as it thinks fit shall have effect in respect of the home. (7) The Secretary of State shall comply with any directions of a Tribunal given under this section.

.

33

The following section shall be inserted after section 10 of that Act—

(10A) (1) Any notice or other document required under this Act to be served on a person carrying on, or intending to carry on, a nursing home or mental nursing home may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service. (2) For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter to a person carrying on a nursing home or mental nursing home enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the home. (3) Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm. (4) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.

.

34

• (1) The following paragraph shall be substituted for subsection (1)(a) of section 13 of that Act (fines for failure to affix certificate of registration)—

(a) to a fine of an amount not exceeding level 2 on the standard scale as defined in section 75 of the Criminal Justice Act 1982; and

.

• (2) “£5” shall be substituted for “£2” in subsection (1)(b).

35

The following section shall be inserted after that section—

(13A) A person guilty of an offence under section 3A above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale as defined in section 75 of the Criminal Justice Act 1982.

.

36

The following section shall be substituted for section 17 of that Act—

(17) Where an offence under this Act which has been 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 purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

.

37

In section 23(2) of that Act for the words “the provisions of this Act relating to mental nursing homes” there shall be substituted the words “this Act”.

Child Care Act 1980

38

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39

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40

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41

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42

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43

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

Children’s Homes Act 1982

44

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

45

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

46

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47

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48

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

Part III — Registered Homes Tribunals

Preliminary

49

The following are relevant enactments for the purposes of this Part of this Schedule—

• (a) the Nursing Homes Act 1975;

• (b) the Child Care Act 1980;

• (c) the Children’s Homes Act 1982; and

• (d) Part I of this Schedule.

Constitution of panels for chairmen and members

50

• (1) For the purpose of enabling a tribunal to hear an appeal under a relevant enactment to be constituted as occasion may require there shall be—

• (a) a panel appointed by the Lord Chancellor (in this Part of this Schedule referred to as “the legal panel”) of persons available to act as chairmen of any such tribunals; and

• (b) a panel appointed by the Lord President of the Council (in this Part of this Schedule referred to as “the panel of experts”) of persons available to act as members.

• (2) Tribunals constituted under this Part of this Schedule are to be known as Registered Homes Tribunals.

• (3) No person shall be qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable.

• (4) No person shall be qualified to be appointed to the panel of experts unless he has had experience in social work, medicine, nursing or midwifery or such other experience as the Lord President of the Council considers suitable.

• (5) No officer of a government department may be apointed to either panel.

• (6) A person appointed to a panel shall hold office subject to such conditions as to the period of his membership and otherwise as may be determined by the person appointing him.

Constitution of Tribunals—general

51

• (1) A Registered Homes Tribunal shall consist of a chairman and two other members.

• (2) The chairman shall be a member of the legal panel appointed to the tribunal by the Lord Chancellor.

• (3) The other two members shall be members of the panel of experts appointed to the tribunal by the Lord President of the Council.

Tribunals for appeals relating to nursing homes (including maternity homes) and mental nursing homes

52

• (1) A Registered Homes Tribunal to hear an appeal relating solely to registration under the Nursing Homes Act 1975 shall include a registered medical practitioner.

• (2) Such a tribunal shall also include—

• (a) if the appeal relates to registration of a maternity home, a qualified midwife; and

• (b) in any other case, a qualified nurse.

• (3) A tribunal which is constituted to hear both an appeal relating to registration under the Nursing Homes Act 1975 and an appeal relating toregistration under Part I of this Schedule shall include a person selected in accordance with supparagraph (2) above.

• (4) In this Part of this Schedule—

• “nursing home” and “maternity home” have the meanings assigned to them by section 1 of the Nursing Homes Act 1975;

• “mental nursing home” has the meaning assigned to it by section 2 of that Act;

• “qualified midwife” means a person who is for the time being certified under the Midwives Act 1951 or registered under the Nurses, Midwives and Health Visitors Act 1979; and

• “qualified nurse” means—

• (a) a person who is for the time being registered under section 2(1) ofthe Nurses Act 1957; or

• (b) a person who—

• (i) is for the time being registered under the Nurses, Midwives and Health Visitors Act 1979; and

• (ii) would have been qualified to be registered under section 2(1) of the Nurses Act 1957.

Procedure of tribunals

53

• (1) The Secretary of State may by statutory instrument make rules as to the practice and procedure to be followed with respect to theconstitution of Registered Homes Tribunals, and as to proceedings before such tribunals and matters incidental to or consequential on such proceedings ; and without prejudice to the generality of this paragraph such rules may make provision—

• (a) requiring particulars to be supplied of matters relevant to thedetermination of an appeal;

• (b) enabling two or more appeals to be heard together; and

• (c) as to representation before a tribunal, by counsel or a solicitor or otherwise.

• (2) Rules under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

54

The Arbitration Act 1950 shall not apply to any proceedings before Registered Homes Tribunals except so far as any provision of that Act may be applied to such tribunals with or without modifications by rules made under paragraph 53 above.

Staff for tribunals

55

The Secretary of State shall assign such staff as may from time to time be required for Registered Homes Tribunals.

Fees, allowances and expenses

56

The Secretary of State may—

• (a) pay to members of Registered Homes Tribunals such fees and allowances as he may, with the consent of the Treasury, determine; and

• (b) defray the expenses of such tribunals up to such amount as he may with the like consent determine.

SCHEDULE 5

1

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

2

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

3

In section 98 (accounts and audit)—

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

• (b) in subsection (4)(a), for the words “those Authorities, special authorities and special trustees” there shall be substituted the words “the bodies mentioned in subsection (1) above, other than the Dental Estimates Board”.

SCHEDULE 6

Medical practitioners whose registration is suspended

1

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

Arrangements for provision of general medical services in England and Wales

2

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

Control of remuneration and conditions of service of health service officers

3

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

Provisions relating to Preserved Boards of Governors

4

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

SCHEDULE 7

Delegation of functions to Health Boards

1

In section 2 of the National Health Service (Scotland) Act 1978 (constituting of Health Boards) in subsection (1), for the words from “functions” to “determine” where it secondly occurs substitute “such of his functions under this Act as he may so determine,”.

Arrangements for provision of general medical services in Scotland

2

In section 19 (arrangements and regulations for general medical services) of that Act—

• (a) at the end of subsection (2) insert—

(f) for the making of arrangements for the temporary provision of general medical services in an area; (g) for the circumstances in which a name added to the list by virtue of subsection (5) below may be removed from it.

.

• (b) after subsection (4) insert—

(5) The persons with whom arrangements for the temporary provision of general medical services in an area may be made by virtue of regulations under subsection (2) include medical practitioners who are not on the list of medical practitioners providing such services in the area, and the power to prepare and publish lists of medical practitioners conferred by paragraph (a) of that subsection accordingly includes power to add the names of medical practitioners with whom such arrangements are made to the lists. (6) Regulations may provide that this Act and any regulations made under it shall apply in relation— (a) to the making of arrangements for the temporary provision of general medical services; and (b) to the provision of general medical services in pursuance of any such arrangements, subject to such modifications as may be specified in the regulations. (7) Where the registration of a medical practitioner in the register of medical practitioners is suspended— (a) by a direction of the Health Committee of the General Medical Council under section 8(1) or (2) of the Medical Act 1978 (unfitness to practise by reason of physical or mental condition); (b) by an Order of that Committee under section 9(1) of that Act (order for immediate suspension); or (c) by an interim order of the preliminary Proceedings Committee of the Council under section 13(3)(b) of that Act. the suspension shall not terminate any arrangements made with him for the provision of general medical services; but he shall not provide such services in person during that period of suspension.

.

Disposal of land

3

In section 79 of that Act (purchase of land and moveable property) after subsection (1) insert—

(1A) Without prejudice to any other power of disposal, the Secretary of State may dispose of any land which he considers is no longer required for the purposes of any service under this Act and where he has delegated any of his functions with regard to the acquisition, management or disposal of land to a Health Board or to the Agency, any instrument in connection with the exercise of those functions shall be deemed to be validly executed by him if it is executed on his behalf by any officer of the Health Board or the Agency authorised by him for the purpose; and any instrument so executed shall, for the purposes of section 1(8) and (9) of the Reorganisation of Offices (Scotland) Act 1939, be deemed to have been executed by an officer of the Secretary of State duly authorised by him.

.

Control of remuneration and conditions of service of employees

4

• (1) The following paragraph shall be added after paragraph 5 of Schedule 1 to that Act—

(5A) Regulations or directions under paragraph 5 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them.

.

• (2) The following paragraph shall be added after paragraph 7 of Schedule 5 to that Act—

(7A) Regulations or directions under paragraph 7 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them.

.

SCHEDULE 8

Part I — General

1

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . .

• (a) any enactment or instrument passed or made before the coming into force of this paragraph shall have effect, so far as may be necessary in consequence of the changes made by this paragraph, as if—

• (i) for any reference to an officer whose functions are transferred by subparagraph (1) above there were substituted a reference to an adjudication officer; and

• (ii) for any reference to a tribunal whose functions are transferred by subparagraph (2) above there were substituted a reference to a social security appeal tribunal; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Amendments of Social Security Act 1975

2

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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

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10

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11

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12

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13

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PART III — Amendments of Supplementary Benefits Act 1976

14

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15

The following subsection shall be substituted for section 10(2) and (3) of that Act—

(2) A direction under subsection (1) above shall not come into force until a prescribed date.

.

PART IV — Amendments of Family Income Supplements Act 1970

16

The following subsection shall be substituted for section 6(1) of the Family Income Supplements Act 1970—

(1) The question whether any person is entitled to a family income supplement and the amount of any such supplement and any other question relating to family income supplement shall be determined by an adjudication officer appointed under section 97 of the Social Security Act 1975, a social security appeal tribunal constituted under that Act or a Social Security Commissioner in accordance with regulations made for the purposes of this section ; and any such regulations may in particular— (a) contain provisions corresponding to, or apply with or without modifications, any of the provisions for the time being applying to the determination of questions as to the right to any benefit under the Social Security Act 1975; (b) make provision for purposes corresponding to those for which provision may be made by regulations under section 115 of that Act. (1A) Regulations may specify questions that are to be determined otherwise than by adjudication officers, social security appeal tribunals or Social Security Commissioners and, without prejudice to the generality of this subsection, may provide for such decisions, and any other decisions specified in the regulations, to be effective or conclusive for purposes of this Act so specified.

.

17

In section 8(3) of the said Act of 1970, for the words " satisfy a supplement officer or the Appeal Tribunal" there shall be substituted the word " establish ".

Part V — Miscellaneous Amendments

Social Security Act 1980 (c.30)

18

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

Social Security and Housing Benefits Act 1982 (c. 24)

19

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20

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

Part VI — Medical Boards

Amendments of Social Security Act 1975

21

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22

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

23

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

24

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

25

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

26

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

27

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

28

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

Supplementary

29

Any enactment passed before the coming into force of this paragraph and not amended by the foregoing provisions of this Part of this Schedule and any instrument made before the coming into force of this paragraph shall have effect, so far as may be necessary in consequence of the changes made by this Part of this Schedule, as if—

• (a) for any reference to a medical board constituted under the Social Security Act 1975 there were substituted a reference to an adjudicating medical practitioner; and

• (b) for any reference to a special medical board established by virtue of regulations under section 113 of that Act there were substituted a reference to a specially qualified adjudicating medical practitioner.

30

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

Part VII — Supplementary

31

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

SCHEDULE 9

Part I — Miscellaneous Amendments

Public Health Act 1936 (c. 49)

1

So much of subsections (3) and (4) of section 143 of the Public Health Act 1936 (regulations for prevention and treatment of infectious disease etc.) as relates to the enforcement and execution of regulations under that section by officers and men employed in the coastguard shall cease to have effect.

Public Health (Scotland) Act 1945 (c. 15)

2

• (1) In subsections (3) and (4) of section 1 of the Public Health (Scotland) Act 1945 (regulations for prevention and treatment of infectious diseases etc.) the words “and officers and men employed in the coastguard” shall be omitted wherever they occur.

• (2) In the proviso to subsection (3) of that section, for the words “officer, or person” there shall be substituted the words “or officer”.

• (3) In section (4) of that section after the word “Board” there shall be inserted the word “or”.

National Assistance Act 1948 (c. 29)

3

The following section shall be inserted after section 30 of the National Assistance Act 1948—

(30A) Without prejudice to any powers conferred on them by any other Act,— (a) the Secretary of State may promote research into any matter relating to the functions of local authorities under this Part of this Act, and, in particular, may participate with or assist other persons in conducting such research; and (b) a local authority may conduct or assist other persons in conducting research into any matter relating to the functions of local authorities under this Part of this Act.

.

4

In section 41(2)(a) of the National Assistance Act 1948 (registration of charities for disabled persons) for the words “the Residential Homes Act 1980” there shall be substituted the words “Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.

Nurseries and Child-Minders Regulation Act 1948 (c. 53)

5

In subsection (3) of section 3 of the Nurseries and Child-Minders Regulation Act 1948 (by virtue of which a local social services authority are required to issue a copy of a certificate under that section which has been lost or destroyed on payment of a fee not exceeding 25p) for the words from “fee” to “authority”, in the third place where it occurs, there shall be substituted the words “reasonable fee as they”.

Mental Health Act 1959 (c. 72)

6

In section 128(1)(b) of the Mental Health Act 1959 (sexual intercourse with patients) for the words from “home” to the end of the subsection there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

7

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

Social Work (Scotland) Act 1968 (c. 49)

8

In section 10 of the Social Work (Scotland) Act 1968 (financial assistance to voluntary organisations), in subsection (5)—

• (a) the word “section” shall be substituted for the words “sections 64 and”; and

• (b) after the word “1968” there shall be inserted the words “and section 16B of the National Health Service (Scotland) Act 1978”.

Local Authority Social Services Act 1970 (c. 7)

9

At the end of Schedule 1 to the Local Authority Social Services Act 1970 (which specifies the enactments conferring functions assigned to the social services committee of a local authority), there shall be inserted the following entry—

Registration of residential care homes.

.

Tribunals and Inquiries Act 1971 (c. 62)

10

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

11

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

12

The following paragraph shall be substituted for paragraph 4 of Schedule 1 to that Act—

(4) Registered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.

.

13

The following paragraph shall be inserted after paragraph 21 of that Schedule—

(21A) Registered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.

.

14

The following paragraph shall be inserted after paragraph 28 of that Schedule—

(28A) Registered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.

.

15

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

Local Government Act 1972 (c. 70)

16

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

Guardianship Act 1973 (c. 29)

17

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

House of Commons Disqualification Act 1975 (c. 24)

18

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) there shall be inserted in the appropriate place in alphabetical order—

A member of a panel appointed under section 7 of the Tribunals and Inquiries Act 1971 of persons to act as Chairmen of Social Security Appeal Tribunals and Medical Appeal Tribunals. The President of Social Security Appeal Tribunals and Medical Appeal Tribunals. A regional or other fulltime Chairman of Social Security Appeal Tribunals and Medical Appeal Tribunals.

.

Adoption Act 1976 (c. 36)

19

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

Supplementary Benefits Act 1976 (c. 71)

20

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

National Health Service Act 1977 (c. 49)

21

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

22

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

23

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

National Health Service (Scotland) Act 1978 (c. 29)

24

In section 105(7) of the National Health Service (Scotland) Act 1978 (orders, regulations and directions) for the words “or orders” there shall be substituted the words “, orders or directions”.

Employment Protection (Consolidation) Act 1978 (c. 44)

25

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

Foster Children Act 1980 (c. 6)

26

In subsection (5) of section 2 of the Foster Children Act 1980 (exceptions to meaning of foster child for purposes of Act) for the words from “home” to end of the section there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.

Reserve Forces Act 1980 (c. 9)

27

The following paragraph shall be substituted for paragraph 2 of Schedule 2 to the Reserve Forces Act 1980 (army and air force pensioners and other former soldiers are not liable to be recalled for service)—

(2) A person who is receiving treatment for mental disorder as an inpatient in any establishment in the United Kingdom and is under the supervision of a registered medical practitioner.

.

Overseas Development and Cooperation Act 1980 (c. 63)

28

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

Part II — Meals and Recreation for Old People

1

A district council or Welsh county council or county borough council shall have power to make such arrangements as they may from time to time determine for providing meals and recreation for old people in their homes or elsewhere and may employ as their agent for the purpose of this paragraph any voluntary organisation whose activities consist in or include the provision of meals or recreation for old people.

2

A district council or Welsh county council or county borough council may assist any such organisation as is referred to in paragraph 1 above to provide meals or recreation for old people—

• (a) by contributing to the funds of the organisation;

• (b) by permitting them to use premises belonging to the council on such terms as may be agreed; and

• (c) by making available furniture, vehicles or equipment (whether by way of gift or loan or otherwise) and the services of any staff who are employed by the council in connection with the premises or other things which they permit the organisation to use.

3

• (1) District councils or Welsh county councils or county borough councils shall exercise their functions under this Part of this Schedule (including any discretion conferred on them under it) in accordance with the provisions of any regulations of the Secretary of State made for the purposes of this paragraph; and without prejudice to the generality of this paragraph, regulations under this paragraph—

• (a) may provide for conferring on officers of the Secretary of State authorised under the regulations such powers of inspection as may be prescribed in relation to the exercise of functions under this Part of this Schedule by or by arrangement with or on behalf of district councils or Welsh county councils or county borough councils; and

• (b) may make provision with respect to the qualifications of officers employed by district councils or Welsh county councils or county borough councils for the purposes of this Part of this Schedule or by voluntary organisations acting under arrangements with or on behalf of district councils or Welsh county councils or county borough councils for those purposes.

• (2) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4

In this Part of this Schedule—

• “functions” includes powers and duties; and

• “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.

SCHEDULE 10

Part I — Repeals

Part II — Revocation

Support to financing of community services in Scotland.

2

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

Children Act 1958 (c.65.)

Membership

Premiminary

Tribunals for appeals relating to nursing homes (includingmaternity homes) and mental nursing homes

Parts III and IV

Editorial notes

[^c12738171]: Power to modify conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 17(1)

[^c12738181]: Power to amend conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 54(1) Act (except Sch. 8): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c12738191]: Certain provisions extend to Northern Ireland see s. 33(1).

[^c12738211]: 1978 c. 29.

[^c12738221]: 1968 c. 46.

[^c12738231]: 1978 c. 29.

[^c12738271]: S. 4(1) repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12738281]: 1980 c. 5.

[^c12738301]: S. 5 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12738321]: S. 6 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with S. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12738341]: S. 7 repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

[^c12738351]: 1968 c. 49.

[^c12738371]: S. 8(1)(4) repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(5), Sch. % (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

[^c12738381]: 1968 c. 49.

[^c16583971]: S. 10 repealed (1.4.2002) by The Abolition of the Central Council for Education and Training in Social Work Order 2002 (S.I. 2002/797), art. 2(a)

[^c12738521]: S. 11(1) repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

[^c12738531]: 1980 c. 7.

[^c12738541]: Words repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

[^c12738551]: 1975 c. 37

[^c12738571]: S. 11(3) repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

[^c12738591]: 1978 c. 29.

[^c12738601]: 1977 c. 49.

[^c12738611]: 1978 c. 29.

[^c12738781]: 1968 c. 49.

[^c12738831]: S. 19(1)–(5) repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12738841]: S. 19(2) repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

[^c12738881]: 1968 c. 49.

[^c12738891]: 1948 c. 29.

[^c12738901]: 1968 c. 49.

[^c12738961]: S. 21 wholly in force at 12.4.1993 see s. 32(2) and S.I. 1992/2974, art. 2, Sch.

[^c12738971]: 1948 c. 29.

[^c12738981]: S. 21(3A) inserted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 45(1); S.I. 1992/2975, art. 2(3)(a).

[^c12738991]: 1948 c. 29.

[^c12739001]: 1968 c. 49.

[^c12739011]: Words in s. 21(8) inserted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 25(2); S.I. 1992/2975, art. 2(3)(b).

[^c12739071]: S. 22 wholly in force at 12.4.1993 see s. 32(2) and S.I. 1992/2974, art. 2, Sch.

[^c12739081]: S. 22(2A) inserted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 45(2); S.I. 1992/2975, art. 2(3)(a)

[^c12739091]: S. 22(3) repealed (E.W.) (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

[^c12739101]: Words in s. 22(5) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(a)(i) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

[^c12739111]: Words in s. 22(5) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(a)(ii) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

[^c12739121]: Words in s. 22(6) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(b)(i) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

[^c12739131]: Words in s. 22(6) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(b)(ii) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

[^c12739141]: Words in s. 22(6) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(b)(iii) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

[^c12739151]: Words in s. 22(8) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(c) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

[^c12739161]: 1972 c. 61.

[^c12739201]: S. 23 wholly in force at 12.4.1993 see s. 32(2) and S.I. 1992/2974, art. 2, Sch.

[^c12739211]: 1970 c. 35.

[^c12739231]: S. 23(2A) inserted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 45(2); S.I. 1992/2975, art. 2(3)(a)

[^c12739261]: s. 24 wholly in force at 12.4.1993 see s. 32(2) and S.I. 1992/2974, art. 2, Sch.

[^c12739271]: S. 24(2) substituted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 45(3); S.I. 1992/2975, art. 2(3)(a)

[^c12739281]: S. 25 repealed (29.11.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)

[^c12739291]: S. 26(1) repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

[^c12739301]: 1968 c. 46.

[^c12739351]: 1980 c. 7.

[^c12739421]: S. 30(3) repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch.7; S.I. 1992/1900, art. 2, Sch. 1 and appendix thereto.

[^c12739431]: S. 32(2) power fully exercised; power partly exercised by S.I. 1983/974, 1983/1862, 1984/216, 1984/957, 1984/1347, 1985/704; 12.4.1993 appointed day for remaining provisions by S.I. 1992/2974.

[^c12741491]: Sch. 1 para. 1 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12739461]: Sch. 1 para. 2 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12739471]: Sch. 1 para. 3 repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

[^c12739491]: Sch. 1 para. 4 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with s. 108(6), Sch. 14 paras.s 1(1), 27(4))); S.I. 1991/828, art. 3(2)

[^c12739501]: 1975 c. 72.

[^c12741521]: Sch. 1 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12739511]: 1976 c. 36.

[^c12739521]: 1978 c. 28.

[^c12739531]: Sch. 2 para. 2 repealed (S.) by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22(3), Sch. 3

[^c12739551]: Sch. 2 paras. 3, 9–14, 20 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12739561]: Sch. 2 paras. 4-6, 8 repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 32, Sch. 5 (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

[^c12739571]: Sch. 2 paras. 4-6, 8 repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 32, Sch. 5 (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

[^c12739581]: Sch. 2 paras. 4-6, 8 repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 32, Sch. 5 (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

[^c12739591]: Sch. 2 paras. 4-6, 8 repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 32, Sch. 5 (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

[^c12739611]: Sch. 2 paras. 3, 9-14, 20 repealed (E.W.)(14.10.1991)by Children Act 1989 (c. 41, SIF 20), s. 208(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12739601]: Sch. 2 paras. 3, 9–14, 20 (E.W.)repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12739621]: Sch. 2 paras. 3, 9-14, 20 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12739631]: Sch. 2 paras. 3, 9-14, 20 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12739641]: Sch. 2 paras. 3, 9-14, 20 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c12739651]: Sch. 2 paras. 3, 9-14, 20 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)