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Reform history

Health and Social Security Act 1984

6 versions · 1984-07-26

2020-12-31

Health and Social Security Act 1984

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2007-03-01

Health and Social Security Act 1984

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2006-04-01

Health and Social Security Act 1984

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2003-12-01

Health and Social Security Act 1984

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2003-10-20

Health and Social Security Act 1984

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Changes on 2003-10-20

@@ -1,6 +1,6 @@

# Health and Social Security Act 1984

## PART I — Health

## Part I — Health

### Optical appliances

@@ -8,50 +8,17 @@

##### 1

- (1) In section 21 of the Opticians Act 1958 (restriction on sale and supply of optical appliances)—

- (a) at the end of subsection (3) (exemptions) there shall be added " or (f) in accordance with an order under subsection (3A) below.";

- (b) the following subsections shall be inserted after that subsection—

> (3A) An order under this subsection is an order made by the Privy Council and specifying—

> (a) optical appliances to which it applies ; and

> (b) conditions subject to which their sale is ex-empted from the requirements of subsection (1) above.

> (3B) Any such order relating to optical appliances consisting of or including one or more lenses shall specify as a condition subject to which the sale of any such appliance is so exempted the condition that the appliance must be in accordance with a written prescription which—

> (a) has been given by a registered medical practitioner or registered ophthalmic optician following a testing of sight by him ; and

> (b) bears a date not more than such time as is specified in the order before the prescription is presented to the proposed seller of the appliance.

> (3C) An order under subsection (3A) above may not specify as appliances to which it applies—

> (a) contact lenses ; or

> (b) any optical appliance for a person under 16 years of age.

> (3D) An order under subsection (3 A) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

- (2) The following subsections shall be substituted for subsection (5) of section 25 of that Act (rules)—

> (5) Rules under this section shall not come into force until approved by order of the Privy Council.

> (6) The Privy Council—

> (a) may approve rules under subsection (1)(a) above either as submitted to them or subject to such modifications as appear to them requisite ; and

> (b) after consulting the General Optical Council, may by order vary or revoke any rules made under that paragraph and previously approved by them (whether the approval was before or after the commencement of this subsection).

> (7) Where the Privy Council propose to approve any such rules subject to modifications, they shall notify to the General Optical Council the modifications they propose to make and consider any observations of the General Optical Council thereon.

> (8) The power to make an order under this section shall be exercisable by statutory instrument which, subject to the following provisions of this section, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

> (9) No order to which this subsection applies shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

> (10) Subsection (9) above applies to an order—

> (a) which is made by virtue of paragraph (a) of sub- section (6) above and approves rules subject to modifications; or

> (b) which is made by virtue of paragraph (b) of that subsection,

> unless it is contained in a statutory instrument that states that the General Optical Council have indicated their consent to the terms of the order either in the course of consultations under subsection (6)(b) above or in observations under subsection (7) above.

- (3) In section 38 of the National Health Service Act 1977 (arrangements for general ophthalmic services) for the words from " ophthalmic ", in the first place where it occurs, to the end of the first paragraph there shall be substituted the words " and ophthalmic opticians for securing the testing of sight by them. ".

- (4) In paragraph (c) of section 39 of that Act (regulations as to arrangements for general ophthalmic services) the words " and the ophthalmic or dispensing optician who is to supply the appliances " shall cease to have effect.

- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (3) In section 38 of the National Health Service Act 1977 (arrangements for general ophthalmic services) for the words from “ophthalmic”, in the first place where it occurs, to the end of the first paragraph there shall be substituted the words “ and ophthalmic opticians for securing the testing of sight by them. ”.

- (4) In paragraph (c) of section 39 of that Act (regulations as to arrangements for general ophthalmic services) the words “and the ophthalmic or dispensing optician who is to supply the appliances” shall cease to have effect.

- (5) The following provisions of section 26 of the National Health Service (Scotland) Act 1978 (arrangements for provision of general ophthalmic services) shall cease to have effect—

- (a) subsection (1)(b); and

- (b) in subsection (2)(c), the words " and the ophthalmic or dispensing optician who is to supply the appliances ".

- (b) in subsection (2)(c), the words “and the ophthalmic or dispensing optician who is to supply the appliances”.

- (6) The amendments of the National Health Service Act 1977 contained in Part I of Schedule 1 to this Act shall have effect in consequence of subsections (3) and (4) above.

@@ -59,27 +26,7 @@

#### Fitting etc. of contact lenses

##### 2

- (1) The following section shall be inserted after section 20 of the Opticians Act 1958—

> (20A)

> (1) Subject to the following provisions of this section, a person who is not a registered medical practitioner or registered optician shall not fit contact lenses.

> (2) The foregoing subsection shall not apply to the fitting of contact lenses by a person recognised by a medical authority as a medical student, if carried out as part of a course of instruction approved by that authority for medical students or as part of an examination so approved.

> (3) The General Optical Council may by rules exempt from subsection (1) of this section the fitting of contact lenses by persons training as opticians, or any prescribed class thereof, in such cases and subject to compliance with such conditions as may be prescribed by the rules.

> (4) Rules under the last foregoing subsection shall not come into force until approved by order of the Privy Council, and the power to make any such order shall be exercisable by statutory instrument.

> (5) Any person who contravenes subsection (1) of this section shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale, as defined in section 75 of the Criminal Justice Act 1982.

- (2) The following subsections shall be inserted after section 25(3) of that Act—

> (3A) The General Optical Council may make rules specifying requirements which registered opticians, enrolled bodies corporate or employees of registered opticians or enrolled bodies corporate must meet if they are to prescribe, fit or supply contact lenses.

> (3B) The power conferred by subsection (3A) above is a power—

> (a) in relation to registered opticians or employees of registered opticians or of enrolled bodies corporate, to specify qualifications which they must have ; and

> (b) in relation to enrolled bodies corporate, to specify conditions which they must satisfy.

##### 2–4

### Other amendments of Opticians Act 1958

@@ -131,39 +78,21 @@

##### 5

- (1) The following section shall be substituted for section 10 of the National Health Service Act 1977—

> (10)

> (1) It is the duty of the Secretary of State by order to establish, in accordance with Part II of Schedule 5 to this Act, authorities to be called Family Practitioner Committees.

> (2) Family Practitioner Committees shall be known by such names, in addition to that title, as the order may specify.

> (3) When the Secretary of State makes an order under subsection (1) above establishing a Family Practitioner Committee, he shall also (either in the same or another instrument) make an order in relation to that Committee specifying a locality for which the Committee is to act.

> (4) The Secretary of State may by order—

> (a) vary a Committee's locality ;

> (b) abolish a Committee ;

> (c) establish a new one.

> (5) The Secretary of State shall so exercise his powers under subsections (3) and (4) above as to secure—

> (a) that the localities for which Family Practitioner Committees are at any time acting together comprise the whole of England and Wales; but

> (b) that none of them extends both into England and into Wales.

> (6) Without prejudice to the generality of section 126(4) below, the power to make incidental or supplemental provision conferred by that subsection includes, in its application to orders under this section, power to make provision for the transfer of staff, property, rights and liabilities.

> (7) It is the Secretary of State's duty before he makes an order under subsection (4) above to consult with respect to the order—

> (a) such bodies as he may recognise as representing officers who in his opinion are likely to be affected by the order; and

> (b) such other bodies as he considers are concerned with the order.

- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (2) In subsection (1) of section 15 of that Act (duty of Family Practitioner Committee) the following paragraph shall be substituted for paragraph (a)—

> (a) to administer the arrangements made in pursuance of this Act for the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services for their locality ;

- (3) In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), in the entry beginning " Chairman in receipt of remuneration of any Regional Health Authority " after the words " District Health Authority " there shall be inserted the words " Family Practitioner Committee ".

- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (4) Schedule 3 to this Act shall have effect.

- (5) The Secretary of State shall by order specify a date not later than 1st April 1985 on which Family Practitioner Committees established by orders under section 10(1) of the National Health Service Act 1977 are to begin to act for their localities.

- (6) Notwithstanding the substitution made by subsection (1) above, Family Practitioner Committees established or adopted by District Health Authorities shall continue to discharge their functions until the date specified by an order under subsection (5) above but shall cease to exist on that date.

- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (7) The Secretary of State may by order make such repeals in or other modifications of any enactment or instrument as appear to him to be necessary or expedient in consequence of subsection (1), (2) or (4) above.

@@ -173,19 +102,9 @@

##### 6

- (1) The following subsection shall be inserted after subsection (2) of section 97 of the National Health Service Act 1977 (means of meeting expenditure of health authorities)—

> (2A) The date on which an allotment to an authority under subsection (1) or (2) above (including an allotment increasing or reducing an allotment previously made) takes effect is the date on which the authority are notified of its amount by the Secretary of State or, as the case may be, the Regional Health Authority.

- (2) The following subsection shall be inserted after subsection (2) of section 98 of that Act (accounts and audit)—

> (2A) The accounts prepared and transmitted by a District Health Authority in pursuance of subsection (2) above shall include annual accounts of a Community Health Council if—

> (a) the Council is established for the Authority's district; or

> (b) the Authority is the prescribed Authority in relation to the Council.

- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (3) The following subsection shall be inserted after subsection (1) of section 85 of the National Health Service (Scotland) Act 1978 (expenses)—

@@ -193,7 +112,7 @@

- (4) In subsection (11) of section 121 of the Mental Health Act 1983 (Mental Health Act Commission) for the words " sub-paragraphs (4) and (5) were omitted " there shall be substituted the words " the reference to a member in sub-paragraph (4) included a reference to the chairman ".

- (4) In subsection (11) of section 121 of the Mental Health Act 1983 (Mental Health Act Commission) for the words “sub-paragraphs (4) and (5) were omitted” there shall be substituted the words “ the reference to a member in sub-paragraph (4) included a reference to the chairman. ”.

#### Professional remuneration in National Health Service

@@ -209,7 +128,7 @@

> (c) allowances;

> (d) reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services,

> and the regulations may provide that the remuneration shall be determined from time to time by such authority as may be specified.

> (3) If section 10 of the National Health Service Act 1966 is brought into operation, upon the date of its commencement the words " section 10 of the National Health Service Act 1966 and section" shall be substituted for the words " sections 29(4) and " in subsection (2) above.

> (3) If section 10 of the National Health Service Act 1966 is brought into operation, upon the date of its commencement the words “*section 10 of the National Health Service Act 1966 and section*” shall be substituted for the words “*sections 29(4) and*” in subsection (2) above.

@@ -223,22 +142,22 @@

> (c) allowances;

> (d) reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services,

> and the regulations may provide that the remuneration shall be determined from time to time by such authority as may be specified.

> (3) If section 10 of the National Health Service Act 1966 is brought into operation, upon the date of its commencement the words " section 10 of the National Health Service Act 1966 and section " shall be substituted for the words " sections 19(3) and " in subsection (2) above.

- (3) The following section shall be added after each of the sections inserted by subsections (1) and (2) above, as section 43B of the National Health Service Act 1977 and section 28B of the National Health Service (Scotland) Act 1978—

> (1) The authority specified in regulations under the preceding section may be the Secretary of State or some other person or persons and is referred to in this section as a " determining authority ".

> (1) The authority specified in regulations under the preceding section may be the Secretary of State or some other person or persons and is referred to in this section as a “determining authority”.

> (2) The power conferred by the preceding section includes power to make regulations providing for a determination in more than one stage and by more than one determining authority.

> (3) Regulations under the preceding section shall provide—

> (a) that a determination may be made with respect either to any of the descriptions of services mentioned in subsection (1) of the preceding section generally or to any category of services falling within such a description ;

> (b) that, before making such a determination, the determining authority shall consult—

> (i) a prescribed body established to provide advice in connection with the matters to be determined ; or

> (ii) an organisation appearing to the Secretary of State to be representative of persons to whose remuneration the determination would relate,

> (i) a prescribed body established to provide advice in connection with the matters to be determined; or

> (ii) an organisation appearing to the Secretary of State to be representative of persons to whose remuneration the determination would relate.

> or both such a body and such an organisation.

> (4) Regulations under the preceding section may provide—

> (a) that a determination such as is mentioned in subsection (3) above shall have effect in relation to remuneration in respect of a period beginning on or after a date specified in the determination, which may be the date of the determination or an earlier or later date, but may be an earlier date only if, taking the determination as a whole, it is not detrimental to the persons to whose remuneration it relates ; and

> (b) that any such determination which does not specify such a date shall have effect in relation to remuneration in respect of a period beginning—

> (i) if it is required to be published, on the date of publication;

> (ii) if it is not so required, on the date on which it is made.

@@ -251,7 +170,7 @@

> (i) to correct an error; or

> (ii) where it appears to the determining authority that it was made in ignorance of or under a mistake as to a relevant fact.

> (6) Regulations under the preceding section may provide—

> (a) that determinations may be made by refference to any of the following—

> (a) that determinations may be made by reference to any of the following—

> (i) rates or conditions of remuneration of any persons or any descriptions of persons which are fixed or determined, or to be fixed or determined, otherwise than by way of a determination under the regulations;

> (ii) scales, indices or other data of any description specified in the regulations; and

> (b) that any determination which in accordance with regulations made by virtue of paragraph (a)(ii) above falls to be made by reference to a scale or an index or to any other data may be made not only by reference to that index or scale or those data in the form current at the time of the determination but also by reference to the scale, index or data in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.

@@ -278,16 +197,14 @@

##### 8

In section 6(3) of the National Health Service Act 1966 (which limits the aggregate amount which may be outstanding in respect of the principal of money borrowed by the General Practice Finance Corporation to £40 million or such greater amount not exceeding £100 million as the Secretary of State may by order specify) for the words " £40 million " and " £100 million " there shall be substituted, respectively, the words " £150 million " and " £250 million ".

#### Holidays for patients etc.

##### 9

- (1) The following subsection shall be added after section 5(2A) of the National Health Service Act 1977—

> (2B) The Secretary of State's functions may be performed outside England and Wales, in so far as they relate—

> (a) to holidays for patients ;

> (2B) The Secretary of State’s functions may be performed outside England and Wales, in so far as they relate—

> (a) to holidays for patients;

> (b) to the transfer of patients to or from Scotland, Northern Ireland, the Isle of Man or the Channel Islands; or

> (c) to the return of patients who have received treatment in England and Wales to countries or territories outside the British Islands.

@@ -295,9 +212,9 @@

- (2) The following section shall be added after section 99 of the National Health Service (Scotland) Act 1978—

> (99A) The Secretary of State's functions may be performed outside Scotland, in so far as they relate—

> (99A) The Secretary of State’s functions may be performed outside Scotland, in so far as they relate—

> (a) to holidays for patients;

> (b) to the transfer of patients to or from England, Wales, Northern Ireland, the Isle of Man or the Channel Islands ; or

> (b) to the transfer of patients to or from England, Wales, Northern Ireland, the Isle of Man or the Channel Islands; or

> (c) to the return of patients who have received treatment in Scotland to countries or territories outside the British Islands.

@@ -310,7 +227,7 @@

- (1) The Secretary of State may pay to a competent institution in a member State the cost of treatment to which this section applies provided by that institution under the social security scheme of that State for a person who, at the relevant time—

- (a) was ordinarily resident in Great Britain ; and

- (a) was ordinarily resident in Great Britain; and

- (b) was a national of a member State or a dependant of such a national.

@@ -320,15 +237,15 @@

- (b) which—

- (i) is given in continuance of treatment commenced in the United Kingdom ; and

- (ii) follows an agreement between the Secretary of State and the person treated that, on his subsequent return to, or transfer of residence to, the member State, his treatment for the same condition would be at the expense of the Secretary of State for a period agreed with the Secretary of State ; or

- (i) is given in continuance of treatment commenced in the United Kingdom; and

- (c) which is given following an agreement between the Secretary of State and the person treated that he should go to the member State to receive treatment to which this section applies appropriate to his condition.

- (3) This section applies—

- (a) to treatment for sickness or injury ; and

- (a) to treatment for sickness or injury; and

- (b) to treatment in connection with pregnancy or maternity,

@@ -336,62 +253,17 @@

- (4) In this section—

- " competent institution " has the meaning assigned to it by the 1971 Community regulation ;

- " the 1971 Community regulation " means Council Regulation [(EEC) No. 1408/71](https://www.legislation.gov.uk/european/regulation/1971/1408) as it has effect from time to time; and

- " the relevant time " means the time when treatment was given.

## PART II — Social Security

- “*competent institution*” has the meaning assigned to it by the 1971 Community regulation;

- “*the 1971 Community regulation*” means Council Regulation [(EEC) No. 1408/71](https://www.legislation.gov.uk/european/regulation/1971/1408) as it has effect from time to time; and

- “*the relevant time*” means the time when treatment was given.

## Part II — Social Security

#### Severe disablement allowance

##### 11

- (1) The following section shall be substituted for section 36 of the Social Security Act 1975—

> (36)

> (1) Subject to the provisions of this section, a person shall be entitled to a severe disablement allowance for any day (" the relevant day ") if he satisfies—

> (a) the conditions specified in subsection (2) below; or

> (b) the conditions specified in subsection (3) below.

> (2) The conditions mentioned in subsection (1)(a) above are that—

> (a) on the relevant day he is incapable of work ; and

> (b) he has been incapable of work for a period of not less than 196 consecutive days—

> (i) beginning not later than the day on which he attained the age of 20 ; and

> (ii) ending immediately before the relevant day.

> (3) The conditions mentioned in subsection (1)(b) above are that—

> (a) on the relevant day he is both incapable of work and disabled ; and

> (b) he has been both incapable of work and disabled for a period of not less than 196 consecutive days ending immediately before the relevant day.

> (4) A person shall not be entitled to a severe disablement allowance if—

> (a) he is under the age of 16 ; or

> (b) he is receiving full-time education ; or

> (c) he does not satisfy the prescribed conditions—

> (i) as to residence in Great Britain; or

> (ii) as to presence there ; or

> (d) he has attained pensionable age and was not entitled to a severe disablement allowance immediately before he attained it and is not treated by regulations as having been so entitled immediately before he attained it.

> (5) A person is disabled for the purposes of this section if he suffers from loss of physical or mental faculty such that the assessed extent of the resulting disablement amounts to not less than 80 per cent.

> (6) A severe disablement allowance shall be paid at the weekly rate specified in relation thereto in Schedule 4, Part III, paragraph 2.

> (7) Regulations—

> (a) may direct that persons who—

> (i) have attained retiring age ; and

> (ii) were entitled to a severe disablement allowance immediately before they attained it,

> shall continue to be so entitled notwithstanding that they do not satisfy the conditions specified in subsection (2) or (3) above;

> (b) may direct—

> (i) that persons who have previously been entitled to a severe disablement allowance shall be entitled to such an allowance notwithstanding that they do not satisfy the conditions specified in subsection (2)(b) or (3)(b) above ;

> (ii) that those paragraphs shall have effect in relation to such persons subject to such modifications as may be specified in the regulations;

> (c) may prescribe the circumstances in which a person is or is not to be treated—

> (i) as incapable of work ; or

> (ii) as receiving full-time education; and

> (d) may provide for disqualifying a person from receiving a severe disablement allowance for such period not exceeding 6 weeks as may be determined in accordance with sections 97 to 104 below if—

> (i) he has become incapable of work through his own misconduct; or

> (ii) he fails without good cause to attend for, or to submit himself to, such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.

> (8) In this section—

> - " assessed " means assessed in accordance with Schedule 8 to this Act; and

> - " retiring age " means, in the case of a man, 70 and, in the case of a woman, 65.

- (2) Schedule 4 to this Act, which makes amendments to other enactments consequential on subsection (1) above, shall have effect.

##### 11–14

#### Pension increase in respect of husbands

@@ -446,52 +318,39 @@

- (1) In this section—

- " the 1975 Regulations " means the Social Security (Claims and Payments) Regulations 1975 ;

- " the 1977 amendment Regulations " means the Social Security (Attendance Allowance) Amendment Regulations 1977;

- " the 1979 Regulations " means the Social Security (Claims and Payments) Regulations 1979 ;

- " the 1980 amendment Regulations " means the Social Security (Attendance Allowance) Amendment Regulations 1980;

- " regulation 16A " means regulation 16A of the 1975 Regulations, which was added by regulation 9 of the 1977 amendment Regulations;

- "regulation 18 " means regulation 18 of the 1979 Regulations, both as originally made and as substituted by regulation 6(2) of the 1980 amendment Regulations ;

- "appropriate pay day " means a day for payment under regulation 15(7) of the 1975 Regulations or regulation 16(7) of the 1979 Regulations of weekly sums on account of an attendance allowance; and

- "13 week period " means the period mentioned in regulation 16A or regulation 18.

- “*the 1975 Regulations*” means the Social Security (Claims and Payments) Regulations 1975;

- “*the 1977 amendment Regulations*” means the Social Security (Attendance Allowance) Amendment Regulations 1977

- “*the 1979 Regulations*” means the Social Security (Claims and Payments) Regulations 1979

;

- “*the 1980 amendment Regulations*” means the Social Security (Attendance Allowance) Amendment Regulations 1980;

- “*regulation 16A*” means regulation 16A of the 1975 Regulations, which was added by regulation 9 of the 1977 amendment Regulations;

- “*regulation 18*” means regulation 18 of the 1979 Regulations, both as originally made and as substituted by regulation 6(2) of the 1980 amendment Regulations;

- “*appropriate pay day*” means a day for payment under regulation 15(7) of the 1975 Regulations or regulation 16(7) of the 1979 Regulations of weekly sums on account of an attendance allowance; and

- “*13 week period*” means the period mentioned in regulation 16A or regulation 18.

- (2) Regulation 16A and regulation 18 shall be deemed always to have had effect as if—

- (a) the words " Notwithstanding anything in the foregoing provisions of these regulations " were inserted at the beginning;

- (a) the words “Notwithstanding anything in the foregoing provisions of these regulations” were inserted at the beginning;

- (b) any reference to attendance allowance being payable for a period were a reference to attendance allowance which would have been payable for that period but for—

- (i) regulation 15(9) or (10) of the 1975 Regulations ; or

- (ii) regulation 16(10) or (11) of the 1979 Regulations ; and

- (i) regulation 15(9) or (10) of the 1975 Regulations; or

- (ii) regulation 16(10) or (11) of the 1979 Regulations; and

- (c) in relation to any case where a 13 week period does not end on an appropriate pay day, any reference to a 13 week period in paragraph (1) were a reference to that period together with any days after its end but before the next appropriate pay day.

#### Constitution of panels for social security appeal tribunals

##### 16

In the Social Security Act 1975—

- (a) the following subsection shall be substituted for subsections (2A) and (2B) of section 97—

> (2A) Members of a social security appeal tribunal other than the chairman shall be drawn from the appropriate panel constituted under Schedule 10 to this Act.

; and

- (b) the following sub-paragraphs shall be substituted for paragraph 1(2) to (5) of Schedule 10—

> (2) The panel for an area shall be composed of persons appearing to the President to have knowledge or experience of conditions in the area and to be representative of persons living or working in the area.

> (2A) Before appointing members of a panel, the President shall take into consideration any recommendations from such organisations or persons as he considers appropriate.

##### 16–18

#### Late paid Class 2 contributions

@@ -554,39 +413,13 @@

##### 19

- (1) The following subsections shall be substituted for section 38(1) and (2) of the Social Security Pensions Act 1975—

> (1) Regulations may prescribe circumstances in which and conditions subject to which—

> (a) an earner's accrued rights to the requisite benefits under a contracted-out scheme ; or

> (b) the liability for the payment of such benefits to or in respect of any person who has become entitled to them,

> may be transferred to another occupational pension scheme.

> (1A) Any such regulations may be made so as to apply to earners who are not in employment at the time of the transfer.

> (1B) Regulations under subsection (1) above may provide that any provision of this Part of this Act shall have effect, where there has been a transfer to which they apply, subject to such modifications as may be specified in the regulations.

> (1C) Regulations under subsection (1) above shall have effect in relation to transfers whenever made unless they provide that they are only to have effect in relation to transfers which take place after they come into force.

> (1D) The power conferred by subsection (1) above is without prejudice to the generality of section 166(2) of the principal Act.

- (2) In section 44 of that Act (premium on termination of contracted-out scheme)—

- (a) the following subsections shall be inserted after subsection (1)—

> (1A) Regulations may provide that any provision of this Part of this Act shall have effect where the Occupational Pensions Board have approved arrangements under subsection (1) above subject to such modifications as may be specified in the regulations.

> (1B) Any such regulations shall have effect in relation to arrangements whenever approved, unless they provide that they are only to have effect in relation to arrangements approved after they come into force.

; and

- (b) the following subsection shall be inserted after subsection (9)—

> (10) Any reference to earners in this section includes, in relation to any particular time, not only a reference to earners who are in employment at that time but also a reference to earners who are not in employment at that time but who have been in employment before it or will be in employment after it.

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

#### Protection of pensions

##### 20

The Social Security Pensions Act 1975 shall be amended in accordance with Schedule 6 to this Act for the purpose of protecting pensions under occupational pension schemes which are or have been contracted-out.

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

#### Miscellaneous social security amendments

@@ -598,51 +431,7 @@

##### 22

- (1) Section 10(1) of the Social Security Act 1980 (reference of regulations etc. to Social Security Advisory Committee) shall not apply to regulations—

- (a) made under section 36 of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 11 above ;

- (b) made under any enactment before the expiry of the period of six months beginning with the commencement of section 11 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 36 of the Social Security Act 1975 ;

- (c) made under any enactment before the expiry of the period of six months beginning with the commencement of Schedule 4 to this Act and contained in a statutory instrument which states that it contains only provisions consequential on that Schedule ;

- (d) made under section 47B or 66A of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 14 above ;

- (e) made under any enactment before the expiry of the period of six months beginning with the commencement of section 14 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 47B or 66A of the Social Security Act 1975 ;

- (f) made under section 7A of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 17 above ;

- (g) made under section 129(1) of the Social Security Act 1975 before the expiry of that period and contained in a statutory instrument which states that it contains only provisions modifying section 7A of that Act;

- (h) made under section 8 (2D) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 18(3) above;

- (j) made under section 28 below or under that section as extended by paragraph 17 of Schedule 4 to this Act;

- (k) made under any enactment before the expiry of the period of six months beginning with the commencement of Schedule 5 to this Act and contained in a statutory instrument which states that it contains only provisions consequential on that Schedule ;

- (l) made under section 4(1) of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of paragraph 3 of Schedule 7 to this Act;

- (m) made under any enactment before the expiry of that period and contained in a statutory instrument which states that it contains only provisions consequential on such regulations as are mentioned in paragraph (l) above;

- (n) made under any enactment before the expiry of that period and contained in a statutory instrument which states that it contains only provisions consequential on paragraph 3(b) of Schedule 7 to this Act;

- (o) made under section 4 of the Social Security and Housing Benefits Act 1982 by virtue of the power contained in the words inserted in that section by paragraph 7 of Schedule 7 to this Act and before the expiry of the period of six months beginning with the commencement of that paragraph.

- (2) If an order under section 27 below appoints different days for different purposes of the same provision of this Act, references to commencement in subsection (1) above or subsection (4) below are to be construed, in relation to that provision, as references to the day on which it first comes into force for any purpose.

- (3) Section 141(2) of the Social Security Act 1975 (references of regulations to Industrial Injuries Advisory Council) shall not apply to regulations within subsection (1)(k) above.

- (4) Section 61(2) of the Social Security Pensions Act 1975 (reference of regulations to Occupational Pensions Board) shall not apply to regulations—

- (a) made under section 38 or 44(1 A) or (1B) of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 19 above ;

- (b) made under any enactment before the expiry of the period of six months beginning with the commencement of section 19 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 38 or 44(1A) or (1B) of the Social Security Pensions Act 1975 ;

- (c) made under section 41C or 41E of that Act before the expiry of the period of six months beginning with the commencement of Schedule 6 to this Act; or

- (d) made under any enactment before the expiry of the period of six months beginning with the commencement of that Schedule and contained in a statutory instrument which states that it contains only provisions consequential on that Schedule or such provisions and regulations made under section 41C or 41E of the Social Security Pensions Act 1975.

## PART III — Supplementary

## Part III — Supplementary

#### Expenses

@@ -662,17 +451,17 @@

- (1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes to which this section applies—

- (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament) ; but

- (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

- (b) shall be subject to annulment in pursuance of a resolution of either House.

- (2) The purposes to which subsection (1) above applies are purposes corresponding to those—

- (a) of section 1(3), (4) and (6) above ;

- (b) of section 7(1), (3) and (4) above ;

- (c) of Part II above ; and

- (a) of section 1(3), (4) and (6) above;

- (b) of section 7(1), (3) and (4) above;

- (c) of Part II above; and

- (d) of this Part.

@@ -684,11 +473,15 @@

- section 1(3), (4) and (6);

- section 5, except subsection (3), and Schedule 3 ;

- section 5, except subsection (3), and Schedule 3;

- section 6(1), (2) and (4);

- in section 7— subsection (1); and subsections (3) and (4), so far as they relate to the National Health Service Act 1977;

- in section 7—

- (a) subsection (1); and

- (b) subsections (3) and (4), so far as they relate to the National Health Service Act 1977;

- section 9(1),

@@ -700,7 +493,11 @@

- section 6(3);

- in section 7— subsection (2); and subsections (3) and (4), so far as they relate to the National Health Service (Scotland) Act 1978 ;

- in section 7—

- (a) subsection (2); and

- (b) subsections (3) and (4), so far as they relate to the National Health Service (Scotland) Act 1978;

- section 9(2),

@@ -712,23 +509,21 @@

- section 8;

- section 10; and

- Part II, except the provisions mentioned in subsection (5) below,

- section 10; and Part II, except the provisions mentioned in subsection (5) below,

extend to England and Wales and Scotland.

- (5) Section 11(2) above, so far as it relates to paragraph 2 of Schedule 4, and section 21 above, so far as it relates to paragraph 6 of Schedule 7, extend to England and Wales, Scotland and Northern Ireland.

- (5) Section 11(2) above, so far as it relates to paragraph 2 of Schedule 4, extends to England and Wales, Scotland and Northern Ireland.

- (6) The following provisions of this Act also extend to England and Wales, Scotland and Northern Ireland—

- section 1(1) and (2);

- sections 2 to 4 and Schedule 2 ;

- . . .

- section 5(3);

- section 23 ;

- section 23;

- this section;

@@ -758,9 +553,9 @@

- section 21, so far as it relates to paragraph 6 or 8 of Schedule 7;

- sections 22 and 23 ;

- sections 25 and 26 ;

- section . . . 23;

- sections 25 and 26;

- this section;

@@ -774,7 +569,7 @@

- section 19;

- section 21, so far as it relates to paragraphs 4, 5, 7 and 9 of Schedule 7 ;

- section 21, so far as it relates to paragraphs 4, 5, 7 and 9 of Schedule 7;

- section 24, so far as it relates to section 38 of the Social Security Pensions Act 1975.

@@ -788,7 +583,7 @@

- (3) Section 126(4) of the National Health Service Act 1977 and section 105(7) of the National Health Service (Scotland) Act 1978 shall have effect in relation to the power to make regulations under this section containing any such provision as is mentioned in subsection (2) above as if that subsection were contained in each of those Acts.

- (4) Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament

- (4) Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

#### Citation

@@ -800,21 +595,21 @@

## SCHEDULE 1

## PART I — Amendments of National Health Service Act 1977

## Part I — Amendments of National Health Service Act 1977

##### 1

In section 39 of the National Health Service Act 1977 (regulations as to arrangements for general ophthalmic services)—

- (a) in paragraph (a), for the words " ophthalmic opticians and dispensing" there shall be substituted the words " and ophthalmic ";

- (b) in paragraph (b), for the words " ophthalmic optician or dispensing " there shall be substituted the words " or ophthalmic "; and

- (c) in paragraph (d), for the words " ophthalmic opticians or dispensing " there shall be substituted the words " or ophthalmic ".

- (a) in paragraph (a), for the words “ophthalmic opticians and dispensing” there shall be substituted the words “ and ophthalmic ”;

- (b) in paragraph (b), for the words “ophthalmic optician or dispensing” there shall be substituted the words “ or ophthalmic ”; and

- (c) in paragraph (d), for the words “ophthalmic opticians or dispensing” there shall be substituted the words “ or ophthalmic ”.

##### 2

In sub-paragraph (1) of paragraph 2 of Schedule 12 to that Act (regulations for the making and recovery of charges), the following entry shall be substituted for the words from " Glasses " to " cost", in the first place where it occurs—

In sub-paragraph (1) of paragraph 2 of Schedule 12 to that Act (regulations for the making and recovery of charges), the following entry shall be substituted for the words from “ Glasses ” to “ cost ”, in the first place where it occurs—

| Glasses. | Such sum as may be determined by or in accordance with directions given by the Secretary of State. |

| --- | --- |

@@ -827,47 +622,48 @@

> (2A)

> (1) It shall be the duty of the Secretary of State to provide by regulations for payments to be made by him or by any authority established under this Act to meet, or to contribute towards, the cost incurred (whether by way of charge under this Act or otherwise) for the supply of optical appliances for which a prescription has been given in consequence of a testing of sight under this Act—

> (a) for a child ;

> (a) for a child;

> (b) for a person whose resources fall to be treated under the regulations as being less than his requirements; or

> (c) for a person of such other description as may be prescribed.

> (2) In sub-paragraph (1) above " child " means—

> (a) a person who is under the age of 16 years ; or

> (2) In sub-paragraph (1) above "child" means-

> (a) a person who is under the age of 16 years; or

> (b) a person who is under the age of 19 years and receiving qualifying full-time education.

> (3) Regulations under this paragraph may direct how a person s resources and requirements are to be calculated and, without prejudice to the generality of this sub-paragraph, may direct that they shall be calculated—

> (3) Regulations under this paragraph may direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this sub-paragraph, may direct that they shall be calculated—

> (a) by reference—

> (i) to any enactment; or

> (ii) to the person's being or having been entitled to payments under any enactment, either as it has effect at the time when the regulations are made or as amended subsequently ; or

> (ii) to the person’s being or having been entitled to payments under any enactment,

> either as it has effect at the time when the regulations are made or as amended subsequently; or

> (b) by reference to a scale or an index or to any other data either in the form current when the regulations are made or in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.

> (4) If regulations under this paragraph provide for payments to be made by an authority established under this Act, it shall be the duty of the Secretary of State to pay to the authority, in respect of each financial year, the sum attributable to the authority's disbursements under the regulations.

> (5) Sums falling to be paid in pursuance of regulations made under this paragraph shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.

## PART II — Amendments of National Health Service (Scotland) Act 1978

## Part II — Amendments of National Health Service (Scotland) Act 1978

##### 1

In subsection (1) of section 26 (general ophthalmic services) of the National Health Service (Scotland) Act 1978, for the words " with ophthalmic opticians and with dispensing opticians " there shall be substituted the words " and with ophthalmic opticians ".

In subsection (1) of section 26 (general ophthalmic services) of the National Health Service (Scotland) Act 1978, for the words “with ophthalmic opticians and with dispensing opticians” there shall be substituted the words “ and with ophthalmic opticians ”.

##### 2

In subsection (2)(a) of the said section, for the words " , ophthalmic optician's and dispensing optician's " there shall be substituted the words " and ophthalmic opticians ".

In subsection (2)(a) of the said section, for the words “, ophthalmic optician’s and dispensing optician’s” there shall be substituted the words “ and ophthalmic opticians ”.

##### 3

In subsection (2)(b), for the words " any ophthalmic optician or any dispensing optician " there shall be substituted the words " or any ophthalmic optician ".

In subsection (2)(b), for the words “any ophthalmic optician or any dispensing optician” there shall be substituted the words “ or any ophthalmic optician ”.

##### 4

In subsection (2)(d)—

- (a) for the words " ophthalmic opticians or dispensing opticians " there shall be substituted the words " or ophthalmic opticians "; and

- (b) for the words " ophthalmic optician or dispensing optician " there shall be substituted the words " or ophthalmic optician ".

- (a) for the words “ophthalmic opticians or dispensing opticians” there shall be substituted the words “ or ophthalmic opticians ”; and

- (b) for the words “ophthalmic optician or dispensing optician” there shall be substituted the words “ or ophthalmic optician ”.

##### 5

In sub-paragraph (1) of paragraph 2 of Schedule 11 to that Act (charges for dental or optical appliances) the following entry shall be substituted for the words from " Glasses " to the end—

In sub-paragraph (1) of paragraph 2 of Schedule 11 to that Act (charges for dental or optical appliances) the following entry shall be substituted for the words from “ Glasses ” to the end—

| Glasses. | Such sum as may be determined by or in accordance with directions given by the Secretary of State. |

| --- | --- |

@@ -876,10 +672,10 @@

##### 6

In paragraph 2 of Schedule 11, in sub-paragraph (7), for the words from the beginning to " testing " there shall be substituted—

> (7) In sub-paragraph (4), " the relevant time " means—

> (a) in relation to a dental appliance supplied otherwise than under Part II, the time of the examination leading to the supply of the appliance, or the first such examination ;

In paragraph 2 of Schedule 11, in sub-paragraph (7), for the words from the beginning to “testing” there shall be substituted—

> (7) In sub-paragraph (4), “*the relevant time*” means—

> (a) in relation to a dental appliance supplied otherwise than under Part II, the time of the examination leading to the supply of the appliance, or the first such examination;

@@ -889,24 +685,24 @@

> (2A)

> (1) It shall be the duty of the Secretary of State to provide by regulations for payments to be made by him or by a Health Board to meet, or to contribute towards, the cost incurred (whether by way of charge under this Act or otherwise) for the supply of optical appliances for which a prescription has been given in consequence of a testing of sight under this Act—

> (a) for a child ;

> (b) for a person whose resources fall to be treated under the regulations as being less than his requirements ; or

> (a) for a child;

> (b) for a person whose resources fall to be treated under the regulations as being less than his requirements; or

> (c) for a person of such other description as may be prescribed.

> (2) In sub-paragraph (1) above " child " means—

> (a) a person who is under the age of 16 years ; or

> (2) In sub-paragraph (1) above “*child*” means—

> (a) a person who is under the age of 16 years; or

> (b) a person who is under the age of 19 years and receiving qualifying full-time education.

> (3) Regulations under this paragraph may direct how a person's resources and requirements are to be calculated and, without prejudice to the generality of this sub-paragraph, may direct that they shall be calculated—

> (a) by reference—

> (i) to any enactment; or

> (ii) to the person's being or having been entitled to payments under any enactment,

> either as it has effect at the time when the regulations are made or as amended subsequently ; or

> (ii) to the person’s being or having been entitled to payments under any enactment,

> either as it has effect at the time when the regulations are made or as amended subsequently; or

> (4) If regulations under this paragraph provide for payments to be made by a Health Board, it shall be the duty of the Secretary of State to pay to the Board, in respect of each financial year, the sum attributable to the Board's disbursements under the regulations.

## SCHEDULE 2

## SCHEDULE 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## PART I — New Sections

@@ -1101,44 +897,23 @@

##### 2

The following section shall be substituted for section 17—

> (17)

> (1) The Secretary of State may give directions with respect to the exercise of any functions exercisable by virtue of sections 13 to 16 above; and, subject to any directions given by the Secretary of State by virtue of this section, a Regional Health Authority may give directions with respect to the exercise by a District Health Authority of which the district is included in its region, of any functions exercisable by the District Health Authority by virtue of section 14 above.

> (2) It shall be the duty of a body to whom directions are given under subsection (1) above to comply with the directions.

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

##### 3

In section 22 (co-operation between health authorities and local authorities)—

- (a) in subsection (1), after the words " health authorities " there shall be inserted the words " , Family Practitioner Committees ";

- (b) in subsection (2), for the words from " advise " to " below " there shall be substituted the words " bodies represented on them ";

- (c) in the Table at the end of that subsection, the following paragraph shall be inserted in the second column at the end of each of the three two-column entries—

| Any Family Practitioner Committee whose locality is wholly or partly in the District Health Authority's district. |

| --- |

;

and

- (d) in section (4)(b), after the word " Authority "—

- (i) in the first place where it occurs, there shall be inserted the words " or a Family Practitioner Committee "; and

- (ii) in the second place where it occurs, there shall be added the words " or the locality of the Family Practitioner Committee ".

- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (b) in subsection (2), for the words from “advise” to “below” there shall be substituted the words “ bodies represented on them ”;

- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 4

The following subsection shall be inserted after subsection (1) of section 30 (applications to provide general medical services)—

> (1A) No medical practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his application for the inclusion of his name in the list kept by any Family Practitioner Committee referred to the Medical Practices Committee unless he satisfies the Family Practitioner Committee that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general medical services in the Committee's locality ; and where a Family Practitioner Committee is not so satisfied with respect to any applicant the Family Practitioner Committee shall not refer his application to the Medical Practices Committee.

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

##### 5

@@ -1146,7 +921,7 @@

- (2) At the end of the resulting subsection (1) there shall be added as subsection (2)—

> (2) No dental practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his name included in the list kept by any Family Practitioner Committee unless he satisfies the Committee that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general dental services in the Committee's locality.

@@ -1154,23 +929,13 @@

In subsection (1) of section 44 (recognition of local representative committees)—

- (a) for the words from " area", in the first place where it occurs, to Authority ” , in the second place where it occurs, there shall be substituted the words " locality of any Family Practitioner Committee ";

- (b) the word " locality" shall be substituted for the words " area or district " , in each place where they occur.

- (a) for the words from “area”, in the first place where it occurs, to “Authority”, in the second place where it occurs, there shall be substituted the words “ locality of any Family Practitioner Committee ”;

- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 7

In section 45 (functions of local representative committees)—

- (a) in subsection (1), for the words " the area of an Area Health Authority or for the district of a District Health Authority " there shall be substituted the words " a locality ";

- (b) in subsection (2)—

- (i) for the words " area or district" there shall be substituted the word " locality "; and

- (ii) the words " with the Secretary of State's approval" shall be omitted ; and

- (c) in subsection (3), the words "with the Secretary of State's approval" shall be omitted.

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

##### 8

@@ -1182,49 +947,15 @@

##### 9

In section 97 (means of meeting expenditure of health authorities out of public funds)—

- (a) the following paragraph shall be substituted for subsection (1)(b)—

> (b) to each Family Practitioner Committee—

> (i) sums not exceeding the amount allotted by him to the Committee for that year towards meeting the expenditure attributable to the performance by the Committee of their functions in that year ;

> (ii) sums equal to the expenditure by them in that year which is attributable to disbursements to persons providing services in pursuance of Part II of this Act;

;

- (b) the following subsection shall be substituted for subsection (3)—

> (3) The Secretary of State may give directions to a Regional Health Authority or Family Practitioner Committee or to a District Health Authority whose district is in Wales with respect to the application of sums paid to them under subsection (1) above.

; and

- (c) in subsection (5), after the words " health authority " there shall be inserted the words " or Family Practitioner Committee ".

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

##### 10

The following section shall be inserted after section 97A—

> (97B)

> (1) It is the duty of every Family Practitioner Committee, in respect of each financial year, so to perform their functions as to secure that the expenditure attributable to the performance of those functions in that year, other than expenditure attributable to disbursements to persons providing services in pursuance of Part II of this Act, in respect of their provision of such services, does not exceed the aggregate of—

> (a) the amounts allotted to the Committee for that year under section 97(1) above ;

> (b) any other sums received by the Committee under this Act in that year ; and

> (c) any sums received otherwise than under this Act in that year by the Committee for the purpose of enabling the Committee to defray any such expenditure.

> (2) The Secretary of State may give such directions to a Family Practitioner Committee as appear to him to be requisite to secure that the Committee comply with the duty imposed on them by subsection (1) above and it shall be the duty of the Committee to comply with the direction.

> (3) Directions under subsection (2) above may be specific in character.

> (4) The Secretary of State may, by directions, determine—

> (a) whether sums of a description specified in the directions are or are not to be treated for the purposes of this section as being receivable under this Act by a Family Practitioner Committee for the purposes of their functions ;

> (b) whether expenditure of a description specified in the directions is or is not to be treated for the purposes of this section as being attributable to a Family Practitioner Committee's performance of their functions ; or

> (c) the extent to which and the circumstances in which sums received but not yet spent by a Family Practitioner Committee under section 97(1) above are to be treated for the purposes of this section as part of the expenditure of the Committee attributable to the performance of their functions and to which financial year's expenditure in the performance of such functions they are to be attributed.

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

##### 11

In section 128(1) (interpretation and construction) the following definition shall be substituted for the definition of " health authority " —

> - " health authority " means a Regional or District Health Authority or a special health authority but does not include a Family Practitioner Committee ;

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

##### 12

@@ -1234,31 +965,31 @@

> (1) Subject to paragraph 7 below, a Family Practitioner Committee shall consist of a chairman and 30 other members.

> (2) The chairman shall be appointed by the Secretary of State.

> (3) The other members shall be appointed by the Secretary of State, as follows—

> (a) 8 shall be appointed from persons nominated by the Local Medical Committee for the locality of the Family Practitioner Committee, and one of them must be, but not more than one of them shall be, a medical practitioner having the qualifications prescribed in pursuance of section 38 above ;

> (b) 3 shall be appointed from persons nominated by the Local Dental Committee for that locality ;

> (a) 8 shall be appointed from persons nominated by the Local Medical Committee for the locality of the Family Practitioner Committee, and one of them shall be, a medical practitioner having the qualifications prescribed in pursuance of section 38 above;

> (b) 3 shall be appointed from persons nominated by the Local Dental Committee for that locality;

> (c) 2 shall be appointed from persons nominated by the Local Pharmaceutical Committee for that locality;

> (d) 1 shall be an ophthalmic optician appointed from persons nominated by such members of the Local Optical Committee for that locality as are ophthalmic opticians ;

> (e) 1 shall be a dispensing optician appointed from persons nominated by such members of the Local Optical Committee as are dispensing opticians ;

> (f) 4 shall be appointed from persons nominated by local authorities any part of whose area is in the locality of the Family Practitioner Committee ;

> (g) 4 shall be appointed from persons nominated by District Health Authorities any part of whose district is in the locality of the Family Practitioner Committee ; and

> (d) 1 shall be an ophthalmic optician appointed from persons nominated by such members of the Local Optical Committee for that locality as are ophthalmic opticians;

> (e) 1 shall be a dispensing optician appointed from persons nominated by such members of the Local Optical Committee as are dispensing opticians;

> (f) 4 shall be appointed from persons nominated by local authorities any part of whose area is in the locality of the Family actitioner Committee;

> (g) 4 shall be appointed from persons nominated by District Health Authorities any part of whose district is in the locality of the Family Practitioner Committee; and

> (h) 7 shall be appointed after such consultations with such bodies as the Secretary of State considers appropriate.

> (4) One member must be a person who—

> (a) is registered in the register of qualified nurses, midwives and health visitors—

> (i) as a nurse recorded in the register as having an additional qualification in district nursing ;

> (ii) as a midwife ; or

> (iii) as a health visitor ; and

> (i) as a nurse recorded in the register as having an additional qualification in district nursing;

> (ii) as a midwife; or

> (iii) as a health visitor; and

> (b) has recent experience of providing services to patients (other than patients resident in hospital) in any such capacity.

> (5) If a nomination required for the purposes of sub-paragraph (3) above is not made before such date as the Secretary of State may determine, he may appoint a member without waiting any longer for the nomination.

> (6) No person—

> (a) shall be nominated for appointment to a Family Practitioner Committee under sub-paragraph (3)(f) or (g) above or sub-paragraph (5) above ; or

> (a) shall be nominated for appointment to a Family Practitioner Committee under sub-paragraph (3)(f) or (g) above or sub-paragraph (5) above; or

> (b) shall be appointed to such a Committee under sub-paragraph (3)(f), (g) or (h) above,

> if he is—

> (i) a medical practitioner ;

> (ii) a dental practitioner ;

> (iii) an ophthalmic optician ;

> (iv) a dispensing optician ;

> (v) a registered pharmacist; or

> (vi) a person conducting a business providing any service for the purposes of Part II of this Act.

> if he is—

> (i) a medical practitioner;

> (ii) a dental practitioner;

> (iii) an ophthalmic optician;

> (iv) a dispensing optician;

> (v) a registered pharmacist; or

> (vi) a person conducting a business providing any service for the purposes of Part II of this Act.

> (7) If a Local Medical Committee so require, the Secretary of State shall appoint from among medical practitioners having the qualifications prescribed in pursuance of section 38 above and nominated by the Local Medical Committee under sub-paragraph (3)(a) above a medical practitioner to be the deputy of such a practitioner appointed from among persons nominated by them under sub-paragraph (3)(a) above.

> (8) If a Local Optical Committee so require, the Secretary of State shall appoint from among ophthalmic opticians nominated by the Committee under sub-paragraph (3)(d) above an ophthalmic optician to be the deputy of such an optician appointed from among persons nominated by them under sub-paragraph (3)(d) above.

> (9) If a Local Optical Committee so require, the Secretary of State shall appoint from among dispensing opticians nominated by the Committee under sub-paragraph (3)(e) above a dispensing optician to be the deputy of such an optician appointed from among persons nominated by them under sub-paragraph (3)(e) above.

@@ -1266,55 +997,38 @@

> (11) The Committee shall appoint one of their members to be vice-chairman.

> (7)

> (1) If it appears to the Secretary of State that, by reason of special circumstances affecting a locality, it is appropriate that the Family Practitioner Committee for that locality should not be in accordance with paragraph 6 above, he may by order provide that that paragraph shall apply in relation to the Committee for that locality with such modifications as are specified in the order.

> (2) Subject to sub-paragraph (3) below, it is the Secretary of State's duty, before he makes an order under sub-paragraph (1) above, to consult the Family Practitioner Committee for the locality and any District Health Authority any part of whose district is in the locality of the Family Practitioner Committee with respect to the order.

> (2) Subject to sub-paragraph (3) below, it is the Secretary of State’s duty, before he makes an order under sub-paragraph (1) above, to consult the Family Practitioner Committee for the locality and any District Health Authority any part of whose district is in the locality of the Family Practitioner Committee with respect to the order.

> (3) It shall also be his duty, in making any such order, to have regard to the desirability of maintaining, so far as practicable, the same numerical proportion as between members falling to be appointed in pursuance of paragraph 6 above as there would be if no modification were made.

> (7A)

> (1) Any member of a Family Practitioner Committee appointed by virtue of paragraph 6(3)(e) above shall cease to be a member of the Committee on the day on which the repeal of that paragraph by section 24 of the Health and Social Security Act 1984 comes into force.

> (2) The following paragraph shall be substituted on that day for paragraph 6(3)(e) above—

> (e) I shall be appointed from persons nominated—

> (i) by the Local Medical Committee for the locality of the Family Practitioner Committee ;

> (ii) by the Local Dental Committee for that locality,

> (e) 1 shall be appointed from persons nominated—

> (i) by the Local Medical Committee for the locality of the Family Practitioner Committee;

> (ii) by the Local Dental Committee for that locality;

> (iii) by the Local Pharmaceutical Committee for that locality; or

> (iv) by the Local Optical Committee for that locality;

##### 13

In paragraph 9 of Schedule 5 (pay and allowances of chairmen of certain authorities)—

- (a) in sub-paragraph (1) the words "other than a Family Practitioner Committee " shall cease to have effect; and

- (b) in sub-paragraphs (2) and (3) the words "other than such a Committee " shall cease to have effect.

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

##### 14

In paragraph 10(1) of that Schedule (employment of officers by certain authorities) (as amended by paragraph 3(1) of Schedule 6 to the Health and Social Services and Social Security Adjudications Act 1983) the words " (other than a Family Practitioner Committee) " shall cease to have effect.

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

##### 15

The following sub-paragraphs shall be substituted for paragraph 2(d) to (g) of Schedule 7 (additional provisions as to Community Health Councils)—

> (d) the consultation of Councils by District Health Authorities or relevant Family Practitioner Committees with respect to such matters, and on such occasions, as may be prescribed ;

> (e) the furnishing of information to Councils by such Authorities and Committees, and the right of members of Councils to enter and inspect premises controlled by such Authorities ;

> (f) the consideration by Councils of matters relating to the operation of the health service within their districts, and the giving of advice by Councils to such Authorities and Committees on such matters ;

> (g) the preparation and publication of reports by Councils on such matters, and the furnishing and publication by such Authorities or Committees of comments on the reports; and

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

##### 16

In paragraph 3(d) of that Schedule, for the words "Area or District Health Authority" there shall be substituted the words " District Health Authority or Family Practitioner Committee ".

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

##### 17

The following paragraph shall be added at the end of that Schedule—

> (8) A Family Practitioner Committee is a relevant Family Practitioner Committee in relation to a Council's district if any part of the Committee's locality is in that district, but is only a relevant Committee in relation to that Council to the extent that the Council performs its functions in relation to that part.

## SCHEDULE 4

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

## SCHEDULES 4, 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## PART I — Consequential Amendments

@@ -1616,7 +1330,7 @@

##### 1

In subsection (2) of section 48 of the Social Security Act 1975 (pension increases: supplementary provisions), " 45A " shall be inserted after " 45 ".

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

##### 2

@@ -1631,38 +1345,21 @@

##### 3

In section 4(1) of the Social Security Pensions Act 1975 (exemption from liability to pay primary Class 1 contributions on earnings in respect of periods after pensionable age)—

- (a) at the beginning there shall be inserted the words " Except as may be prescribed ", and

- (b) the words " in respect of any period " shall cease to have effect

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

##### 4

The following subsection shall be inserted after section 43(2) of that Act—

> (2A) For the purposes of this Act any period of an earner's service in an employment is linked qualifying service in relation to a later period of service (whether in the same or another employment) if—

> (a) under the rules of a scheme applying to him in the earlier period of service there was made a transfer of his accrued rights under that scheme to another scheme applying to him in the later period of service ; and

> (b) in consequence of that transfer, there are (or were) allowed to him transfer credits under the rules of that other scheme,

> except that, for any service to be taken into account as linked qualifying service, it must be actual service and no regard shall be had to any scheme rule which provides for service to be treated for any purposes of benefit or otherwise as longer or shorter than it actually was.

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

##### 5

In section 66(1) of that Act (interpretation)—

- (a) in the definition of " linked, qualifying service " for " 38(4) " there shall be substituted " 43(2A) "; and

- (b) the following definition shall be substituted for the definition of " transfer credits " —

> - " transfer credits" means rights allowed to an earner under the rules of an occupational pension scheme by reference to a transfer to that scheme of his accrued rights from another scheme.

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

### Social Security Act 1980 (c.30)

##### 6

In section 9(7) of the Social Security Act 1980 (definition of relevant enactments regulations under which are to be referred to the Social Security Advisory Committee) for the words " the Social Security Acts 1975 to 1979 ", in both places where they occur, there shall be substituted the words " the Social Security Acts 1975 to 1984. ".

##### 6–8

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

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

@@ -1688,15 +1385,15 @@

In Schedule 8 to the Health and Social Services and Social Security Adjudications Act 1983 (social security adjudications)—

- (a) in sub-paragraph (1) of paragraph 31 (transitional regulations) for the words " and this Schedule " there shall be substituted the words " this Schedule and section 16 of the Health and Social Security Act 1984 "; and

- (b) in sub-paragraph (3), for the words from " and this Schedule ", in the first place where they occur, to the end of the sub-paragraph there shall be substituted the words " this Schedule and section 16 of the Health and Social Security Act 1984 and before the expiry of the period of six months beginning with their commencement ".

- (a) in sub-paragraph (1) of paragraph 31 (transitional regulations) for the words “and this Schedule” there shall be substituted the words “ this Schedule and section 16 of the Health and Social Security Act 1984 ”; and

- (b) in sub-paragraph (3), for the words from “and this Schedule”, in the first place where they occur, to the end of the sub-paragraph there shall be substituted the words “ this Schedule and section 16 of the Health and Social Security Act 1984 and before the expiry of the period of six months beginning with their commencement ”.

## SCHEDULE 8

## PART I — Health

## PART II — Social Security

## Part I — Health

## Part II — Social Security

#### Supply etc. of optical appliances.

1984-07-26

Health and Social Security Act 1984

original version Text at this date