National Health Service and Community Care Act 1990

(12A) (1) Subject to the provisions of this section, where it appears to a local authority that any person for whom they are under a duty or have a power to provide, or to secure the provision of, community care services may be in need of any such services, the authority— (a) shall make an assessment of the needs of that person for those services; and (b) having regard to the results of that assessment, shall then decide whether the needs of that person call for the provision of any such services. (2) Before deciding, under subsection (1)(b) of this section, that the needs of any person call for the provision of nursing care, a local authority shall consult a medical practitioner. (3) If, while they are carrying out their duty under subsection (1) of this section, it appears to a local authority that there may be a need for the provision to any person to whom that subsection applies— (a) of any services under the National Health Service (Scotland) Act 1978 by the Health Board— (i) in whose area he is ordinarily resident; or (ii) in whose area the services to be supplied by the local authority are, or are likely, to be provided; or (b) of any services which fall within the functions of a housing authority (within the meaning of section 130 (housing) of the Local Government (Scotland) Act 1973) which is not the local authority carrying out the assessment, the local authority shall so notify that Health Board or housing authority, and shall request information from them as to what services are likely to be made available to that person by that Health Board or housing authority; and, thereafter, in carrying out their said duty, the local authority shall take into account any information received by them in response to that request. (4) Where a local authority are making an assessment under this section and it appears to them that the person concerned is a disabled person, they shall— (a) proceed to make such a decision as to the services he requires as is mentioned in section 4 of the Disabled Persons (Services, Consultation and Representation) Act 1986 without his requesting them to do so under that section; and (b) inform him that they will be doing so and of his rights under that Act. (5) Nothing in this section shall prevent a local authority from providing or arranging for the provision of community care services for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency. (6) If, by virtue of subsection (5) of this section, community care services have been provided for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section. (7) This section is without prejudice to section 3 of the said Act of 1986. (8) In this section— - “community care services” has the same meaning as in section 5A of this Act; - “disabled person” has the same meaning as in the said Act of 1986; and - “medical practitioner” means a fully registered person within the meaning of section 55 (interpretation) of the Medical Act 1983.

Residential accommodation with nursing and provision of care and after-care

56

After section 13 of the 1968 Act there shall be inserted the following sections—

(13A) (1) Without prejudice to section 12 of this Act, a local authority shall make such arrangements as they consider appropriate and adequate for the provision of suitable residential accommodation where nursing is provided for persons who appear to them to be in need of such accommodation by reason of infirmity, age, illness or mental disorder, dependency on drugs or alcohol or being substantially handicapped by any deformity or disability. (2) The arrangements made by virtue of subsection (1) above shall be made with a voluntary or other organisation or other person, being an organisation or person managing premises which are— (a) a nursing home within the meaning of section 10(2)(a) of the Nursing Homes Registration (Scotland) Act 1938 in respect of which that organisation or person is registered or exempt from registration under that Act; or (b) a private hospital registered under section 12 of the Mental Health (Scotland) Act 1984, for the provision of accommodation in those premises. (3) The provisions of section 6 of this Act apply in relation to premises where accommodation is provided for the purposes of this section as they apply in relation to establishments provided for the purposes of this Act. (13B) (1) Subject to subsection (2) below, a local authority may, with the approval of the Secretary of State, and shall, if and to the extent that the Secretary of State so directs, make arrangements for the purpose of the prevention of illness, the care of persons suffering from illness, and the after-care of such persons. (2) The arrangements which may be made under subsection (1) above do not include arrangements in respect of medical, dental or nursing care, or health visiting.

Exclusion of powers to provide accommodation in certain cases

57

After section 86 of the 1968 Act there shall be inserted the following section—

(86A) (1) Subject to subsection (3) below, no accommodation may be provided under this Act for any person who, immediately before the date on which this section comes into force, was ordinarily resident in relevant premises. (2) In subsection (1) above “relevant premises” means— (a) any establishment in respect of which a person is registered under section 62 of this Act; (b) any nursing home within the meaning of the Nursing Homes Registration (Scotland) Act 1938 in respect of which a person is registered or exempt from registration under that Act; (c) any private hospital registered under section 12 of the Mental Health (Scotland) Act 1984; and (d) such other premises as the Secretary of State may by regulations prescribe. (3) The Secretary of State may by regulations provide that in such cases and subject to such conditions as may be prescribed subsection (1) above shall not apply in relation to such classes of persons as may be prescribed in the regulations. (4) The Secretary of State shall by regulations prescribe the circumstances in which persons are to be treated as being ordinarily resident in any premises for the purposes of subsection (1) above. (5) This section does not affect the validity of any contract made before the date on which this section comes into force for the provision of accommodation on or after that date or anything done in pursuance of such a contract.

Power of Secretary of State to make grants

58

After section 92 of the 1968 Act there shall be inserted the following section—

(92A) The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities in respect of their functions under— (a) Part II of this Act; and (b) sections 7 and 8 of the Mental Health (Scotland) Act 1984, in relation to persons suffering from mental illness.

Part V — Miscellaneous and General

Parliamentary disqualification

59

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

• (2) In the said Part III there shall be inserted (at the appropriate place) the following entry—

Chairman or non-executive member of a National Health Service trust established under the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978

.

• (3) In the said Part III—

• (a) in the entry which begins “Paid Chairman of a Health Board”, for the words “Paid Chairman” there shall be substituted “Chairman or any member, not being also an employee,”;

• (b) in the entry which begins “Chairman of the Management Committee of the Common Services Agency” after the word “Chairman” there shall be inserted “or any member, not being also an employee,”; and

• (c) in the entry relating to the Chairman of a committee constituted under section 91 of the Mental Health (Scotland) Act 1984, after the word “Chairman” there shall be inserted “or any member, not being also an employee”.

Removal of Crown immunities

60

• (1) Subject to the following provisions of this section, on and after the day appointed for the coming into force of this subsection, no health service body shall be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and so far as concerns land in which the Secretary of State has an interest, at any time when—

• (a) by virtue of directions under any provision of the National Health Service Act 2006, the National Health Service (Wales) Act 2006,... or the Health and Medicines Act 1988 or by virtue of orders under section 2 or section 10 of the National Health Service (Scotland) Act 1978, powers of disposal or management with respect to the land are conferred on a health service body, or

• (b) the land is otherwise held, used or occupied by a health service body,

the interest of the Secretary of State shall be treated for the purposes of any enactment or rule of law relating to Crown land or interests as if it were an interest held otherwise than by the Secretary of State (or any other emanation of the Crown).

• (2) In Schedule 8 to this Act—

• (a) Part I has effect to continue certain exemptions for health service bodies and property held, used or occupied by such bodies;

• (b) the amendments in Part II have effect, being amendments consequential on subsection (1) above; and

• (c) the transitional provisions in Part III have effect in connection with the operation of subsection (1) above.

• (3) Where, as a result of the provisions of subsection (1) above, by virtue of his employment during any period after the day appointed for the coming into force of that subsection—

• (a) an employee has contractual rights against a health service body to benefits in the event of his redundancy, and

• (b) he also has statutory rights against the health service body under Part XI of the Employment Rights Act 1996 (redundancy payments),

any benefits provided to him by virtue of the contractual rights referred to in paragraph (a) above shall be taken as satisfying his entitlement to benefits under that Part of that Act.

• (4) Nothing in subsection (1) above affects the extent of the expression “the services of the Crown” where it appears in—

• (a) Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services of the Crown etc.); and

• (b) sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown);

and, accordingly, services provided in pursuance of any power or duty of the Secretary of State under the National Health Service Act 2006 or Part I or Part III of the National Health Service (Scotland) Act 1978 shall continue to be regarded as included in that expression, whether the services are in fact provided by a health service body, a National Health Service trust or any other person.

• (5) The Secretary of State may by order made by statutory instrument provide that, in relation to any enactment contained in a local Act and specified in the order, the operation of subsection (1) above shall be excluded or modified to the extent specified in the order.

• (6) No order shall be made under subsection (5) above unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

• (7) In this section “health service body” means—

• (a) ......... a Health Authority . . . ;

• (aa) a Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006;

• (b) a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;

• (ba) Healthcare Improvement Scotland established under section 10A of that Act;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) the Common Services Agency for the Scottish Health Service;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) the Scottish Dental Practice Board; . . .

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health service bodies: taxation

61

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

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (5) At the end of Schedule 3 to the Inheritance Tax Act 1984 (gifts for national purposes) there shall be added—

A health service body, within the meaning of section 519A of the Income and Corporation Taxes Act 1988

.

Clinical Standards Advisory Group

62

Repeal of remaining provisions of Health Services Act 1976

63

• (1) Part III (control of hospital building outside National Health Service) and Part IV (supplementary and general) of the Health Services Act 1976 shall cease to have effect.

• (2) Notwithstanding the repeal of Part III of the Health Services Act 1976 by this Act,—

• (a) that Part shall continue to have effect in relation to any authorisation granted by the Secretary of State under section 13(2) of that Act which is in force when that repeal takes effect; and

• (b) the amendment made by section 19(4)(b) of that Act shall continue to have effect.

Financial provisions

64

• (1) There shall be paid out of moneys provided by Parliament—

• (a) any sums required by the Secretary of State for making loans to a National Health Service trust;

• (b) any sums required by the Secretary of State for fulfilling a guarantee of a sum borrowed by a National Health Service trust;

• (c) any amount paid as public dividend capital under paragraph 5 of Schedule 3 to this Act;

• (d) any expenses of the Secretary of State under this Act; and

• (e) any increase attributable to this Act in the sums so payable under any other enactment.

• (2) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

Regulations, orders and directions

65

• (1) Any power to make regulations conferred by this Act shall be exercisable by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

Amendments and repeals

66

• (1) Schedule 9 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.

• (2) The enactments specified in Schedule 10 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

67

• (1) This Act may be cited as the National Health Service and Community Care Act 1990.

• (2) This Act, other than this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes and for different areas or descriptions of areas.

• (3) An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force.

• (4) . . . Part II, other than section 34, and Part IV of this Act do not extend to England and Wales; and Part III of this Act, other than subsections (3) and (4) of section 42, subsections (1) and (3) to (6) of section 44 and section 45, does not extend to Scotland.

• (5) This Act, other than sections 59 ,61 and 62 , does not extend to Northern Ireland.

• (6) The Secretary of State may by order made by statutory instrument provide that so much of this Act as extends to England and Wales shall apply to the Isles of Scilly with such modifications, if any, as are specified in the order and, except as provided in pursuance of this subsection, Parts I and III of this Act do not apply to the Isles of Scilly.

SCHEDULE 1

Part I

Regional health authorities

1

• (1) A Regional Health Authority shall consist of—

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

• (b) a prescribed number of members appointed by him;

• (c) the chief officer of the authority;

• (d) such other officers as may be prescribed; and

• (e) not more than a prescribed number of other officers of the authority appointed by the chairman and the members specified in paragraphs (b) and (c) above.

• (2) Except in so far as regulations otherwise provide, no person who is an officer of the authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure)—

• (a) at least one of the persons appointed under sub-paragraph (1)(b) above must hold a post in a university with a medical or dental school; and

• (b) regulations may provide that all or any of the other persons appointed under sub-paragraph (1)(b) above must fulfil prescribed conditions or hold posts of a prescribed description.

District health authorities

2

• (1) A District Health Authority for a district in England shall consist of—

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

• (b) a prescribed number of members appointed by the Regional Health Authority whose region includes the district in question;

• (c) the chief officer of the authority;

• (d) such other officers as may be prescribed; and

• (e) not more than a prescribed number of other officers of the authority appointed by the chairman and the members specified in paragraphs (b) and (c) above.

• (2) Except in so far as regulations otherwise provide, no person who is an officer of the authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure), but subject to sub-paragraph (3) below, regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) above must fulfil prescribed conditions or hold posts of a prescribed description.

• (3) In the case of a prescribed authority, at least one of the persons appointed under sub-paragraph (1)(b) above must hold a post in a university with a medical or dental school.

3

• (1) A District Health Authority for a district in Wales shall consist of—

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

• (b) a prescribed number of members appointed by him;

• (c) the chief officer of the authority;

• (d) such other officers as may be prescribed; and

• (e) not more than a prescribed number of other officers of the authority appointed by the chairman and the members specified in paragraphs (b) and (c) above.

• (2) Sub-paragraphs (2) and (3) of paragraph 2 above apply in relation to sub-paragraph (1) above as they apply in relation to sub-paragraph (1) of that paragraph.

Part II

4

• (1) A Family Health Services Authority in England shall consist of—

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

• (b) a prescribed number of members appointed by the Regional Health Authority which (in accordance with Section 15(1A) of the principal Act) is the relevant Regional Health Authority in relation to the Family Health Services Authority; and

• (c) the chief officer of the Authority;

• (d) such other officers as may be prescribed;

and, if the Secretary of State so directs, the Authority shall also include not more than a prescribed number of other officers of the Authority appointed by the chairman and the members appointed under paragraphs (b) and (c) above.

• (2) No person who is an officer of the Authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure), regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) above must fulfil prescribed conditions or hold posts of a prescribed description.

5

• (1) A Family Health Services Authority in Wales shall consist of—

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

• (b) a prescribed number of members appointed by him; and

• (c) the chief officer of the Authority;

• (d) such other officers as may be prescribed;

and, if the Secretary of State so directs, the Authority shall also include not more than a prescribed number of other officers of the Authority appointed by the chairman and the members appointed under paragraphs (b) and (c) above.

• (2) Sub-paragraph (2) of paragraph 4 above applies in relation to sub-paragraph (1) above as it applies in relation to sub-paragraph (1) of that paragraph.

Part III — Amendments of Part III of Schedule 5 to the Principal Act

6

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

7

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

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

8

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9

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10

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SCHEDULE 2

Part I — Orders Under Section 5(1)

1

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

2

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3

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4

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5

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Part II — Duties, Powers and Status

Specific duties

6

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7

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8

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9

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Specific powers

10

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11

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12

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13

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14

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15

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General powers

16

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17

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

Status

18

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

Part III — Supplementary Provisions

Re-imbursement for health services work carried out otherwise than under NHS contract

19

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20

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

Supply of goods and services by local authorities

21

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

Making of charges

22

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Power to raise money by appeals etc.

23

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

Accounts and audit

24

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

Protection of members and officers

25

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

Compulsory acquisition

26

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

Use and development of consecrated land and burial grounds

27

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

Instruments etc.

28

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Part IV — Dissolution

29

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30

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31

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32

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SCHEDULE 3

Borrowing

1

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

Guarantees of borrowing

2

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

Limits on indebtedness

3

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4

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

Additional public dividend capital

5

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

Surplus funds

6

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

Investment

7

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

SCHEDULE 4

1

• (1) In section 11 (establishment of Audit Commission), in subsection (1) after the words “Local Authorities” there shall be inserted “and the National Health Service”.

• (2) In subsection (2) of that section,—

• (a) for the word “thirteen” there shall be substituted “fifteen”;

• (b) for the word “seventeen” there shall be substituted “twenty”; and

• (c) for paragraphs (a) and (b) there shall be substituted the words “such organisations and other bodies as appear to him to be appropriate”.

2

• (1) In section 12 (accounts subject to audit), in subsection (2) after paragraph (e) there shall be inserted—

(ea) a body specified in section 98(1) of the National Health Service Act 1977

.

• (2) After subsection (3) of that section there shall be inserted the following subsections—

(3A) This section also applies to the accounts of the members of a recognised fund-holding practice so far as they relate to allotted sums paid to them, and subject to subsection (3B) and section 16(1A) below, any reference in this Part of this Act to the accounts of a body shall be construed, in relation to the members of a fund-holding practice, as a reference to such of their accounts as relate to allotted sums so paid. (3B) In such circumstances and to such extent as regulations made by the Secretary of State so provide, this Part of this Act shall not apply to the accounts for any year of the members of a recognised fund-holding practice if those accounts are submitted to a Family Health Services Authority and summarised in that Authority’s accounts. (3C) In subsection (3A) above “allotted sums” has the same meaning as in section 15 of the National Health Service and Community Care Act 1990.

• (3) After subsection (4) of that section there shall be inserted the following subsection—

(5) Any reference in this Part of this Act to a health service body is a reference to a body specified in section 98(1) of the National Health Service Act 1977 or to the members of a recognised fund-holding practice as mentioned in subsection (3A) above.

3

• (1) In section 13 (appointment of auditors), in each of subsections (3) and (4), after the word “body”, in the first place where it occurs, there shall be inserted “other than a health service body”.

• (2) In subsection (5) of that section after the words “Secretary of State” there shall be inserted “or is a person for the time being approved by the Secretary of State, acting on the recommendation of the Commission”.

• (3) After subsection (5) of that section there shall be inserted the following subsection—

(5A) The Secretary of State shall not approve any person for the purposes of subsection (5) above after 31st March 1996 but, subject to the withdrawal of his approval after that date, any person who is so approved immediately before that date shall continue to be so approved after that date.

4

• (1) In section 14 (code of audit practice), at the end of subsection (1) there shall be added “and a different code may be prepared with respect to the audit of the accounts of health service bodies as compared with the code applicable to the accounts of other bodies”.

• (2) At the end of the section there shall be added the following subsection—

(7) In the application of subsection (6) above to a code which relates to the accounts of health services bodies,— (a) if the code relates only to those accounts, the reference to associations of local authorities shall be construed as a reference to organisations connected with the health service, within the meaning of the National Health Service Act 1977; and (b) if the code relates also to the accounts of other bodies, that reference shall be construed as including a reference to such organisations.

5

In section 15 (general duties of auditors), in subsection (1)(a) after the words “section 23 below” there shall be inserted “or, in the case of a health service body, directions under subsection (2) or subsection (2B) of section 98 of the National Health Service Act 1977”.

6

In section 16 (auditor’s rights to obtain documents and information) after subsection (1) there shall be inserted the following subsection—

(1A) In the case of a recognised fund-holding practice the reference in subsection (1) above to documents includes a reference to documents relating to all the accounts and records of the members of the practice, whether or not relating to the allotted sum, within the meaning of that section.

7

In section 17 (public inspection of accounts and right of challenge), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.

8

In section 18 (auditor’s reports), in subsection (4) after the word “Commission” there shall be inserted “and, in the case of a health service body, to the Secretary of State”.

9

In section 19 (declaration that item of account is unlawful), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.

10

In section 20 (recovery of amount not accounted for etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.

11

In section 21 (fees for audit), after subsection (2) there shall be inserted the following subsection—

(2A) In the application of subsection (2) above to the audit of the accounts of a health service body, the reference to associations of local authorities shall be construed as a reference to organisations connected with the health service.

12

• (1) In section 22 (extraordinary audit), at the beginning of each of subsections (1) and (3) there shall be inserted “Subject to subsection (4A) below”.

• (2) After subsection (4) of that section there shall be inserted the following subsection—

(4A) Subsection (1)(a) above does not apply in relation to the accounts of a health service body; and in the application of subsection (3) above to an extraordinary audit of any such accounts for the words “15 to 20 above, except subsections (1) and (2) of section 17” there shall be substituted “15, 16, and 18 above”.

13

In section 23 (regulations as to accounts), in subsection (1) after the words “this Part of this Act” there shall be inserted “other than health service bodies”.

14

In section 24 (right of local government elector to inspect accounts etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than a health service body”.

15

At the end of section 25 (audit of accounts of officers) there shall be inserted the following subsection —

(2) In the application of subsection (1) above to an officer of a health service body for the words “15 to 24” there shall be substituted “15, 16, 18, 21 and 22”.

16

In section 25A (power of auditor to issue prohibition order), in subsection (1) after the words “Part of this Act”, in the first place where they occur, there shall be inserted “other than a health service body”.

17

In section 25D (power of auditor to apply for judicial review), in subsection (1) after the word “body”, in the first place where it occurs, there shall be inserted “other than a health service body”.

18

• (1) In section 26 (studies for improving economy etc. in services), at the end of subsection (3) there shall be added “and, in the case of studies relating to a health service body, shall, on request, furnish to the Comptroller and Auditor General, all material relevant to the studies”.

• (2) At the end of subsection (4) of that section there shall be added “and, in the case of any health service bodies, the Commission shall also consult the Secretary of State and the Comptroller and Auditor General”.

19

• (1) In section 27 (reports on impact of statutory provisions etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than health service bodies”.

• (2) At the end of that section there shall be added the following subsection—

(6) Notwithstanding that the services provided by health service bodies are excluded from the scope of studies under this section, in undertaking or promoting studies under section 26(1) above relating to a health service body, the Commission may take into account the implementation by the body of— (a) any particular statutory provision or provisions, and (b) any directions or guidance given by the Secretary of State (whether pursuant to any such provision or otherwise), but the power conferred by this subsection shall not be construed as entitling the Commission to question the merits of the policy objectives of the Secretary of State.

20

• (1) In section 29 (miscellaneous functions of Commission), at the end of subsection (2) there shall be added “or, in the case of a health service body, such other organisations as appear to the body to be appropriate”.

• (2) At the end of subsection (3) of that section there shall be added “or the National Health Service”.

21

In section 30 (restriction on disclosure of information), in subsection (1)(b) after the words “Part of this Act” there shall be inserted “or, in the case of a health service body, for the purposes of the functions of the Secretary of State and the Comptroller and Auditor General under the National Health Service Act 1977”.

22

• (1) In section 33 (commencement and transitional provisions) after subsection (4) there shall be inserted the following subsection—

(4A) The Secretary of State may by regulations provide for any statutory provision not contained in this Part of this Act to continue to apply on and after the day appointed for the coming into force of paragraph 22 of Schedule 4 to the National Health Service and Community Care Act 1990 in relation to accounts for any period beginning before that day of health service bodies, with such modifications, additions and omissions as may be prescribed by the regulations; and different provision may be made by such regulations in relation to the accountsof bodies of different descriptions and in relation to the accounts for different periods. (2) In subsection (5) of that section (provision of working capital to the Commission) for the words “second appointed day ”, in the second place where they occur, there shall be substituted “day appointed for the coming into force of paragraph 22 of Schedule 4 to the National Health Service and Community Care Act 1990 ” and at the end of the subsection there shall be added the words “with respect to its functions in relation to health service bodies ”

.

24

• (1) In Schedule 3 (provisions as to the Commission), in paragraph 3(3) for the word “and”, in the last place where it occurs, there shall be substituted “or, as the case may require, such organisations connected with the health service as appear to him to be appropriate and (in either case)”.

• (2) At the beginning of paragraph 9 there shall be inserted “Subject to sub-paragraph (2) below” and at the end of the paragraph there shall be inserted—

(2) Sub-paragraph (1) above shall apply separately with respect to the functions of the Commission in relation to health service bodies and its functions in relation to other bodies.

SCHEDULE 5

Health Boards

1

Schedule 1 to the 1978 Act shall be amended in accordance with paragraphs 2 to 7 below.

2

After paragraph 2 of that Schedule (membership of Health Boards) there shall be inserted the following paragraph—

(2A) In the case of a prescribed Health Board at least one of the persons appointed under paragraph 2 above must hold a post in a university with a medical or dental school.

3

In paragraph 4 of that Schedule (remuneration), after the words “Health Board” there shall be inserted “and to such other members of a Health Board as may be prescribed”.

4

At the end of paragraph 5A of that Schedule there shall be added the words “and a direction under that paragraph may relate to a particular officer or servant or class of officer or servant specified in the direction”.

5

After paragraph 7 of that Schedule there shall be inserted the following paragraphs—

(7A) Regulations may provide for the transfer of officers and servants from a Health Board to— (a) another Health Board; (b) the Agency; or (c) a state hospital, and for arrangements under which the services of an officer or servant of a Health Board are placed at the disposal of a body mentioned in sub-paragraphs (a) to (c). (7B) Directions may be given by the Secretary of State— (a) to a Health Board to place services of any of its officers or servants at the disposal of a body mentioned in sub-paragraphs (a) to (c) of paragraph 7A; and (b) to any such body to employ as an officer or servant any person who is or was employed by a Health Board and is specified in the direction, and a Board or body to which such directions are given shall comply with the directions. (7C) Before making regulations under paragraph 7A or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.

6

After paragraph 8 of that Schedule there shall be inserted the following paragraph—

(8A) In connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), regulations may make provision with respect to— (a) the transfer to employment by a local authority of officers or servants employed by a Health Board; and (b) the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph, and for the purposes of this paragraph “National Health Service body” means a Health Board, the Agency or an NHS trust.

.

7

In paragraph 11(b) of that Schedule (delegation to committees etc), for the words “composed, as to a majority, by members of Health Boards” there shall be substituted “constituted in accordance with the regulations”.

Common Services Agency

8

Schedule 5 to the 1978 Act shall be amended in accordance with paragraphs 9 to 12 below.

9

In paragraph 3 of that Schedule (appointment of chairman and members) for the words from “other members appointed” to the end there shall be substituted “such other members as the Secretary of State may, after consultation with the Health Boards, appoint.”

10

In paragraph 3A of that Schedule (remuneration), after the words “management committee” there shall be inserted “and to such other members of the management committee as may be prescribed”.

11

After paragraph 7A of that Schedule there shall be inserted the following paragraphs—

(7B) Regulations may provide for the transfer of officers and servants from the Agency to a Health Board or state hospital, and for arrangements under which the services of an officer or servant of the Agency are placed at the disposal of a Health Board or state hospital. (7C) Directions may be given by the Secretary of State— (a) to the Agency to place services of any of its officers or servants at the disposal of a Health Board or state hospital; and (b) to a Health Board or state hospital to employ as an officer or servant any person who is or was employed by the Agency and is specified in the direction, and it shall be the duty of the Agency, a Health Board or a state hospital to comply with any such directions given to it.

12

After paragraph 8 of that Schedule there shall be inserted the following paragraphs—

(8A) In connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), regulations may make provision with respect to— (a) the transfer to employment by a local authority of officers or servants employed by the Agency; and (b) the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph, and for the purposes of this paragraph “National Health Service body” means the Agency, a Health Board or an NHS trust. (8B) Before making regulations under paragraph 7B or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.

.

State hospitals

13

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

SCHEDULE 6

SCHEDULE 7

The Local Government (Scotland) Act 1973

1

Part VII of the Local Government (Scotland) Act 1973 (finance) shall be amended in accordance with paragraphs 2 to 13 below.

2

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

3

• (1) Section 97 (establishment of Commission for Local Authority Accounts in Scotland) shall be amended as follows.

• (2) In subsection (1)—

• (a) for the words “Commission for Local Authority Accounts in Scotland” there shall be substituted “Accounts Commission for Scotland”;

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

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

5

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

6

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

7

• (1) Section 100 (auditor’s right of access to documents) shall be amended as follows.

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

• (3) After subsection (1) there shall be inserted the following subsection—

(1A) In the case of a recognised fund-holding practice, the reference in subsection (1) above to documents includes a reference to documents relating to all the accounts and records of the members of the practice, whether or not relating to an allotted sum.

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

8

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

9

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

10

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

11

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

12

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

13

In Schedule 8 (provisions as to the Commission), for the words “Commission for Local Authority Accounts in Scotland” in both places where they occur there shall be substituted “Accounts Commission for Scotland”.

The National Health Service (Scotland) Act 1978

14

• (1) Section 86 of the National Health Service (Scotland) Act 1978 (keeping and audit of accounts of certain Scottish health bodies) shall be amended as follows.

• (2) In subsections (1) and (1A), for the words “by auditors appointed by the Secretary of State” there shall be substituted “in accordance with Part VII of the Local Government (Scotland) Act 1973 by auditors appointed by the Accounts Commission for Scotland”.

• (3) After subsection (1B) there shall be inserted the following subsection—

(1C) In such circumstances and to such extent as regulations made by the Secretary of State so provide, the requirement in subsection (1A)(a) to have accounts audited shall not apply to the accounts for any year of a recognised fund-holding practice if those accounts are submitted to a Health Board and summarised in the Board’s accounts.

• (4) Subsection (2) shall cease to have effect.

General amendment

15

Without prejudice to any express amendment made by this Act, for any reference in any enactment (including an enactment comprised in subordinate legislation) to the Commission for Local Authority Accounts in Scotland there shall be substituted a reference to the Accounts Commission for Scotland.

SCHEDULE 8

Part I — Amendments Continuing Certain Statutory Exemptions

The Employers’ Liability (Compulsory Insurance) Act 1969

1

In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2) after the words “sub-section (1)(a) above” there shall be inserted—

(a) a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, and a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978; and (b)

.

The Vehicles (Excise) Act 1971

2

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

The Copyright, Designs and Patents Act 1988

3

At the end of section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business) there shall be added the following subsection—

(6) In this section “the Crown” includes a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, and a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978; and the reference in subsection (1) above to public business shall be construed accordingly.

The Road Traffic Act 1988

4

In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security) in subsection (2) after paragraph (d) there shall be inserted the following paragraphs—

(da) to a vehicle owned by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, at a time when the vehicle is being driven under the owner’s control, (db) to an ambulance owned by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978, at a time when a vehicle is being driven under the owner’s control

.

Part II — Consequential Amendments

The Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947

5

In the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (procedure for authorising compulsory purchases), after paragraph 10 there shall be inserted the following paragraph—

(10A) In paragraphs 9 and 10 of this Schedule “statutory undertakers” include— (a) a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990; and (b) a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978; but in relation to a health service body, as so defined, any reference in those paragraphs to land acquired or available for acquisition by the statutory undertakers shall be construed as a reference to land acquired or available for use by the Secretary of State for use or occupation by that body.

The Town and Country Planning Act 1971

6

In section 128 of the Town and Country Planning Act 1971 (use and development of consecrated land and burial grounds) after subsection (4) there shall be inserted the following subsection—

(4A) In the case of land— (a) which has been acquired by the Secretary of State under subsection (1) of section 87 of the National Health Service Act 1977 or to which, by virtue of subsection (6) of that section, this section applies as if it had been so acquired, and (b) which is held, used or occupied by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, subsection (1) or, as the case may be, subsection (4) above shall apply with the omission of paragraph (a) and, in paragraph (b), of the words “in any other case”.

The Town and Country Planning (Scotland) Act 1972

7

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

The Acquisition of Land Act 1981

8

• (1) At the end of section 16 of the Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase) there shall be added the following subsection—

(3) In the preceding provisions of this section “statutory undertakers” include— (a) a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990; and (b) a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978; but in relation to a health service body, as so defined, any reference in those provisions to land acquired or available for acquisition by the statutory undertakers shall be construed as a reference to land acquired or available for acquisition by the Secretary of State for use or occupation by that body

.

• (2) In section 17 of that Act (local authority and statutory undertakers’ land) at the end of subsection (2) there shall be inserted the following subsection—

(2A) Subsection (3) of section 16 above applies in relation to subsections (1) and (2) above as it applies in relation to the preceding provisions of that section.

The Value Added Tax Act 1983

9

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

The Housing Act 1988

10

In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), at the end of Ground 16 (dwelling-house let in consequence of employment by the landlord) there shall be added the following paragraph—

For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.

The Housing (Scotland) Act 1988

11

In Schedule 5 to the Housing (Scotland) Act 1988 (grounds for possession of houses let on assured tenancies) at the end of Ground 17 (house let in consequence of employment by the landlord) there shall be added the following paragraph—

For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.

PART III — Transitional Provisions

12

In this Part of this Schedule—

• (a) “the appointed day” means the day appointed for the coming into force of subsection (1) of section 60 of this Act;

• (b) “functional health service land” means land which for the time being falls within paragraph (a) or paragraph (b) of that subsection;

• (c) “health service body” has the same meaning as in that section; and

• (d) “NHS trust” means such a trust established under Part I of this Act or the National Health Service (Scotland) Act 1978.

The Building (Scotland) Act 1959

13

• (1) Notwithstanding section 60(1) of this Act, where, on or after the appointed day, relevant work is carried out by or on behalf of a health service body or an NHS trust—

• (a) in relation to a building which is, immediately before the appointed day, a Crown building within the meaning of section 26(3) of the Building (Scotland) Act 1959 (application to the Crown); or

• (b) in constructing a building which, if it had been constructed before the appointed day, would have been a Crown building within the meaning of that provision,

Part II of that Act shall apply to the relevant work as if it were being carried out before the appointed day.

• (2) In sub-paragraph (1) above, “relevant work” means work in respect of which, before the appointed day, a health service body has granted a certificate that the detail design has been completed.

The Medicines Act 1968

14

• (1) In any case where—

• (a) before the appointed day, a health service body or an NHS trust has made an application for a licence under Part II of the Medicines Act 1968 or any such application as is referred to in section 36 of that Act (applications for clinical trial and animal test certificates), and

• (b) the application was accompanied by a declaration under paragraph (a) or paragraph (b) of sub-paragraph (2) below, and

• (c) the application has not been determined before the appointed day,

then, on and after the appointed day and until the application is determined, the health service body or NHS trust concerned shall be treated for all purposes as if it held a licence or, as the case may be, a certificate of the description applied for.

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

• (a) in the case of a health service body, that, at the date of the application, the body was carrying on activities which, after the appointed day, it would be unlawful to carry on except in accordance with a licence or certificate of the description applied for; and

• (b) in the case of an NHS trust, that the trust has been established to assume responsibility for the ownership and management of a hospital or other establishment or facility and, at the date of the application, a health service body was carrying on at that hospital, establishment or facility activities which it is unlawful for the NHS trust to carry on except in accordance with a licence or certificate of the description applied for.

• (3) For the purposes of sub-paragraph (1) above, an application is determined when the licensing authority—

• (a) grant a licence or, as the case may be, certificate to the applicant (whether or not in accordance with the application); or

• (b) notify the applicant of their refusal to grant a licence or certificate on the application.

• (4) Expressions used in sub-paragraphs (1) to (3) above have the same meaning as in sections 18 to 22 of the Medicines Act 1968 (applications for, and grant of, licences), including, where applicable, any of those sections as applied by subsection (3) of section 36 of that Act in relation to applications falling within subsection (1) of that section.

The Fire Precautions Act 1971

15

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

The Town and Country Planning Act 1971

16

• (1) This paragraph applies if—

• (a) before the appointed day, notice of any proposed development has been given to a local planning authority in accordance with arrangements relating to development by government departments; and

• (b) the development relates to land which, at the time the notice was given, was functional health service land; and

• (c) the proposed development has not been carried out before the appointed day.

• (2) So far as relates to the carrying out of the development of which notice was given as mentioned in sub-paragraph (1)(a) above, for the purposes of the arrangements referred to in that paragraph and of the Town and Country Planning Act 1971,—

• (a) the carrying out of the development shall continue to be regarded as being by or on behalf of the Crown; and

• (b) so long as the interest of the Secretary of State in the land referred to in sub-paragraph (1)(b) above continues on and after the appointed day to be held in fact by the Secretary of State or an NHS trust, that interest shall be regarded as continuing to be an interest of, or held on behalf of, the Crown.

• (3) Subject to paragraph 12 above, expressions used in sub-paragraphs (1) and (2) above have the same meaning as in the Town and Country Planning Act 1971.

The Town and Country Planning (Scotland) Act 1972

17

• (1) This paragraph applies if—

• (a) before the appointed day, notice of any proposed development has been given to a planning authority in accordance with arrangements relating to development by government departments; and

• (b) the development relates to land which, at the time the notice was given, was functional health service land; and

• (c) the proposed development has not been carried out before the appointed day.

• (2) So far as relates to the carrying out of the development of which notice was given as mentioned in sub-paragraph (1)(a) above, for the purposes of the arrangements referred to in that paragraph and of the Town and Country Planning (Scotland) Act 1997—

• (a) the carrying out of the development shall continue to be regarded as being by or on behalf of the Crown; and

• (b) so long as the interest of the Secretary of State in the land referred to in sub-paragraph (1)(b) above continues on and after the appointed day to be held in fact by the Secretary of State or an NHS trust, that interest shall be regarded as continuing to be an interest of, or held on behalf of, the Crown.

• (3) Subject to paragraph 12 above, expressions used in sub-paragraphs (1) and (2) above have the same meaning as in the Town and Country Planning (Scotland) Act 1997.

The Building Act 1984

18

• (1) If, immediately before the appointed day, approved work is proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) the fact that, on or after the appointed day, the work may be carried out by or on behalf of a health service body or an NHS trust shall not prevent it continuing to be regarded for the purposes of Part I of the Building Act 1984 as work carried out by a Crown authority.

• (2) Subject to sub-paragraph (3) below, expressions used in sub-paragraph (1) above have the same meaning as in section 44 of the Building Act 1984 (application of Part I to Crown).

• (3) Any reference in sub-paragraph (1) above to approved work is a reference to work in respect of which, before the appointed day, either a contract for carrying it out was entered into or all necessary design certificates were signed in accordance with arrangements relating to compliance with the substantive requirements of building regulations by Regional and District Health Authorities and certain Special Health Authorities.

The Housing Act 1988 and the Rent Act 1977

19

• (1) This paragraph applies to a tenancy—

• (a) which was entered into before the appointed day; and

• (b) which is of land in England or Wales which, immediately before the appointed day, was functional health service land.

• (2) If and so long as the interest of the landlord under a tenancy to which this paragraph applies continues on and after the appointed day to belong in fact either to the Secretary of State or to an NHS trust, it shall be taken to belong to a government department for the purposes of—

• (a) paragraph 11 of Schedule 1 to the Housing Act 1988 (Crown tenancies entered into after the commencement of Part I of that Act not to be assured tenancies); or

• (b) section 13 of the Rent Act 1977 (earlier Crown tenancies not to be protected tenancies).

• (3) Expressions used in sub-paragraphs (1) and (2) above have the same meaning as in Part I of the Housing Act 1988 or, as the case may require, the Rent Act 1977.

The Housing (Scotland) Act 1988 and the Rent (Scotland) Act 1984

20

• (1) This paragraph applies to a tenancy—

• (a) which was entered into before the appointed day; and

• (b) which is of land in Scotland which, immediately before the appointed day, was functional health service land.

• (2) If and so long as the interest of the landlord under a tenancy to which this paragraph applies continues on and after the appointed day to belong in fact either to the Secretary of State or to an NHS trust, it shall be taken to belong to a government department for the purposes of—

• (a) paragraph 10 of Schedule 4 to the Housing (Scotland) Act 1988 (Crown tenancies entered into after the commencement of that Schedule not to be assured tenancies); or

• (b) section 4 of the Rent (Scotland) Act 1984 (earlier Crown tenancies not to be protected tenancies).

• (3) Expressions used in sub-paragraphs (1) and (2) above have the same meaning as in Part II of the Housing (Scotland) Act 1988 or, as the case may be, the Rent (Scotland) Act 1984.

SCHEDULE 9

The Public Health (Scotland) Act 1897

1

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

The Voluntary Hospitals (Paying Patients) Act 1936

2

In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions)—

• (a) in the definition of “voluntary hospital”, after the words “of the rates” there shall be inserted “or which is vested in an NHS trust”; and

• (b) after the definition of “committee of management” there shall be inserted—

“NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990.

The Nursing Homes Registration (Scotland) Act 1938

3

In section 10(3)(a) (interpretation) of the Nursing Homes Registration (Scotland) Act 1938, after the words “local authority” there shall be inserted the words “or a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978.”.

The Public Health (Scotland) Act 1945

4

In section 1(3) of the Public Health (Scotland) Act 1945 (regulations with regard to treatment and prevention of spread of certain diseases)—

• (a) after the words “Health Boards” there shall be inserted the words “or National Health Service trusts established under section 12A of the National Health Service (Scotland) Act 1978”; and

• (b) in the proviso to that subsection, after the word “Board” there shall be inserted the words “National Health Service trust,”.

The National Assistance Act 1948

5

• (1) At the beginning of subsection (4) of section 21 of the National Assistance Act 1948 (accommodation provided under section 21 to be provided in premises managed by a local authority) there shall be inserted “Subject to the provisions of section 26 of this Act”.

• (2) For paragraphs (b) and (c) of subsection (7) of that section (which enable health services to be provided on premises where accommodation is provided under that section) there shall be substituted—

(b) make arrangements for the provision on the premises in which the accommodation is being provided of such other services as appear to the authority to be required.

• (3) At the end of subsection (8) of that section (which excludes from that section provision required to be made by a local authority under other enactments) there shall be inserted “or authorised or required to be provided under the National Health Service Act 1977”.

• (4) In section 24 of that Act (authority liable for provision of accommodation)—

• (a) in subsection (6) for the words from “patient” to “shall” there shall be substituted “patient in a hospital vested in the Secretary of State or an NHS trust shall”; and

• (b) at the end there shall be added—

(7) In subsection (6) above “NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or under the National Health Service (Scotland) Act 1978.

• (5) In section 26 of that Act (provision of accommodation in premises maintained by voluntary organisations etc.)—

• (a) in subsection (2) the words “subsection (1) of” shall be omitted;

• (b) after subsection (4) there shall be inserted—

(4A) Section 21(5) of this Act shall have effect as respects accommodation provided under arrangements made by virtue of this section with the substitution for the reference to the authority managing the premises of a reference to the authority making the arrangements.

;

• (c) in subsection (5) the words “subsection (1) of” shall be omitted.

• (6) Subsections (2) and (3) of section 35 of that Act (duty of authorities to exercise functions under Part III of that Act in accordance with regulations) shall cease to have effect.

• (7) Section 36 of that Act (default powers of Minister) shall cease to have effect.

• (8) Section 54 of that Act (which enables inquiries to be held for the purposes of that Act) shall cease to have effect.

• (9) In paragraph (f) of section 65 of that Act (application to Scotland)—

• (a) the words “Part IV of” shall cease to have effect;

• (b) at the end there shall be inserted “or section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,”.

The Public Records Act 1958

6

In Schedule 1 to the Public Records Act 1958 (definition of public records), in the Table in Part I, in the entry relating to the Department of Health, in the second column—

• (a) after the words “National Health Service Authorities” there shall be inserted “including National Health Service trusts”; and

• (b) for the words “National health service hospitals” there shall be substituted “health service hospitals, within the meaning of the National Health Service Act 1977”.

The Human Tissue Act 1961

7

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

The Abortion Act 1967

8

In section 1 of the Abortion Act 1967 (medical termination of pregnancy), in subsection (3) after the words “National Health Service (Scotland) Act 1978” there shall be inserted “or in a hospital vested in a National Health Service trust”.

The Leasehold Reform Act 1967

9

In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes)—

• (a) in subsection (5)(d) for the words “and any special health authority” there shall be substituted “any special health authority and any National Health Service trust”; and

• (b) in subsection (6)(c) for the words “or special health authority” there shall be substituted “special health authority or National Health Service trust”.

The Social Work (Scotland) Act 1968

10

• (1) The Social Work (Scotland) Act 1968 shall be amended as follows.

• (2) In section 2 (the social work committee), in subsection (2) after paragraph (k) there shall be inserted—

(l) sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983; (m) the Access to Personal Files Act 1987.

• (3) In section 4 (provisions relating to performance of functions by local authorities), after the word “Act”, there shall be inserted the words “or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984,”.

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

• (5) In section 12 (general social welfare services of local authorities) at the end there shall be inserted—

(6) For the purposes of subsection (2) of this section “person in need” includes a person who is in need of care and attention arising out of drug or alcohol dependency or release from prison or other form of detention.

• (6) In section 14 (home help), for the words—

• (a) “home help”, where they first occur there shall be substituted the words “domiciliary services”;

• (b) “help is”, there shall be substituted the words “services are”; and

• (c) “home help is”, there shall be substituted the words “domiciliary services are”.

• (7) In section 59(1) (provision of residential and other establishments), at the beginning there shall be inserted the words “Subject to section 13A of this Act,”.

• (8) In section 61(1A) (definition of “establishment”)—

• (a) after the word “include” there shall be inserted “(a)”; and

• (b) at the end of the definition of “establishment” there shall be inserted—

; or (b) any establishment providing residential accommodation with nursing falling within section 13A of this Act;

.

• (9) In subsection (1) of section 67 (inspection of establishments by local authorities)—

• (a) for the words “duly authorised officer of” there shall be substituted the words “person duly authorised by”;

• (b) for the words “required to be kept therein by virtue of this Part of this Act” there shall be substituted the words “(in whatever form they are held) relating to the place or to any person for whom services have been or are provided there by virtue of this Act or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984”;

• (c) after the words “subsections (2)”, there shall be inserted the words “to (2D)”;

• (d) for the words “an officer”, where they first occur, there shall be substituted the words “a person”; and

• (e) for the words “an officer of” there shall be substituted the words “a person authorised by”.

• (10) In subsection (2) of the said section 67, for the word “officer”, in both places where it occurs, there shall be substituted the word “person”.

• (11) In subsection (1)(d) of section 86 (adjustments between authority providing accommodation etc., and authority of area of residence), at the end there shall be inserted—

or (e) in the provision of accommodation, services or facilities for persons ordinarily so resident under section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984;

.

• (12) In subsection (3) of the said section 86, after the words “1978” there shall be inserted the words “or in a hospital managed by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978”.

• (13) In section 87 (charges for services and accommodation),—

• (a) in subsection (1), after the words “under this Act”, there shall be inserted the words “or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984”;

• (b) in subsection (1A), after the words “under this Act”, there shall be inserted the words “or section 7 or 8 of the said Act of 1984”;

• (c) in subsections (2), (3) and (4), after the words “under this Act”, there shall be inserted the words “or section 7 of the said Act of 1984;” and

• (d) in subsection (4), after the word “organisation” there shall be inserted the words “or any other person or body”.

• (14) In subsection (1) of section 94 (interpretation),—

• (a) after the definition of “contributor” there shall be inserted the following definition—

“domiciliary services” means any services, being services provided in the home, which appear to a local authority to be necessary for the purpose of enabling a person to maintain as independent an existence as is practicable in his home;

; and

• (b) in the definition of “hospital”, after the words “1978” there shall be inserted—

(aa) any hospital managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978;

.

The Local Authority Social Services Act 1970

11

In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee)—

• (a) in the entry relating to the Children Act 1989, in the second column after the words “health authorities” there shall be inserted “National Health Service trusts”;

• (b) for the entry relating to section 6 of the Local Authority Social Services Act 1970 there shall be substituted—

Sections 6 and 7B of this Act	Appointment of director of social services, etc; provision and conduct of complaints procedure.

; and

• (c) at the end of that Schedule there shall be inserted—

National Health Service and Community Care Act 1990 (c.19)	National Health Service and Community Care Act 1990 (c.19)
Section 46	Preparation of plans for community care services.
Section 47	Assessment of needs for community care services.

The Chronically Sick and Disabled Persons Act 1970

12

In section 2(1) of the Chronically Sick and Disabled Persons Act 1970, the words from “to the provisions” in the first place where they occur, to “the purpose) and” shall be omitted and after the words “Secretary of State)” there shall be inserted “and to the provisions of section 7A of that Act (which requires local authorities to exercise their social services functions in accordance with directions given by the Secretary of State)”.

The Local Government Act 1972

13

In section 113 of the Local Government Act 1972 (placing of staff at disposal of other bodies),—

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

• (b) at the end there shall be added the following subsection—

(4) In subsection (1A) above “NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990.

The Criminal Procedure (Scotland) Act 1975

14

In section 462 (interpretation) of the Criminal Procedure (Scotland) Act 1975, in paragraph (a) of the definition of “hospital”, after the words “Secretary of State” there shall be inserted the words “or in a National Health Service trust”.

The Child Benefit Act 1975

15

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

The Children Act 1975

16

In section 99(1)(b) of the Children Act 1975 (inquiries in Scotland) the words “paragraph (a) of section 1(4) and” shall cease to have effect and after the word “(h)” there shall be inserted “to (k)”.

The Adoption Act 1976

17

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

The National Health Service Act 1977

18

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

The National Health Service (Scotland) Act 1978

19

• (1) In section 2 of the National Health Service (Scotland) Act 1978 (Health Boards), in subsection (5) after the words “subsection (1)” there shall be inserted “and in exercising any function otherwise conferred on them by or under this Act”.

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

• (3) In section 12 of that Act (Scottish Hospital Endowments Research Trust), after subsection (4) there shall be inserted the following subsections—

(4A) The Research Trust shall have power to engage in activities intended to stimulate the giving of money or other property to assist them in carrying out the purpose aforesaid. (4B) Subject to any directions of the Secretary of State excluding specified activities or descriptions of activity, the activities authorised by subsection (4A) include public appeals or collections, and the soliciting of sponsorship, donations, legacies, bequests and gifts.

• (4) In section 13 of that Act (co-operation between Health Boards and other authorities), after the word “Boards,” there shall be inserted “NHS trusts,”.

• (5) In subsection (1)(a) of section 13A of that Act (co-operation in planning of services for disabled persons, the elderly and others) for the words from “being” to the end there shall be substituted the words “by Health Boards and such of the authorities mentioned in that section as may be concerned;”.

• (6)

For paragraph (b) of subsection (2) of section 25 of that Act (arrangements for provision of general dental services) there shall be substituted the following paragraph—

(b) for conferring a right, subject to— (i) subsection (2A); (ii) the provisions of this Part relating to the disqualification of persons providing services; and (iii) section 8 (persons over retiring age) of the Health and Medicines Act 1988 and regulations made under that section, on any dental practitioner who wishes to be included in any such list to be so included;

.

• (7)

In section 27 of that Act (arrangements for provision of pharmaceutical services)—

• (a) in subsection (1)—

• (i) for the word “supply” there shall be substituted “provision”;

• (ii) in paragraph (b), after the word “Board” there shall be inserted “or by an NHS trust”;

• (iii) at the end of paragraph (c) there shall be inserted—

; and (d) such services as may be prescribed,

;and

• (iv) for the words “services provided in accordance with the arrangements are” there shall be substituted “provision of drugs, medicines, appliances and services in accordance with the arrangements is”;

• (b) in subsection (2), after the word “mentioned” in the second place where it occurs there shall be inserted “, or to whom services mentioned in subsection (1)(d) are to be provided,”;

• (c) in subsections (3)(b), (c) and (d) and (4), before the word “services” in each place where it occurs there shall be inserted “pharmaceutical”; and

• (d) in subsection (4)(d) for the words “a prescribed criterion” there shall be substituted “prescribed criteria”.

• (8)

In section 28(2) of that Act (persons authorised to provide pharmaceutical services)—

• (a) after the word “medicines” in the first place where it occurs there shall be inserted “or the provision of pharmaceutical services”;

• (b) after the word “undertake” there shall be inserted “(a)”;

• (c) for the word “supplied” there shall be substituted “provided”; and

• (d) after the word “dispensed” there shall be inserted—

, and (b) that all services mentioned in section 27(1)(d) provided by them under those arrangements shall be provided,

.

• (9) In section 55(1) (hospital accommodation on part payment) of that Act, after the word “hospital” there shall be inserted the words “vested in the Secretary of State”.

• (10) In section 57(1) (accommodation and services for private patients), after the word “hospital” where it first occurs there shall be inserted “vested in the Secretary of State”.

• (11) In section 73 of that Act (charges for more expensive supplies) at the end there shall be inserted—

(c) by a National Health Service trust in respect of the supply by them of any appliance or vehicle which is, at the request of the person supplied, of a more expensive type than the prescribed type, or in respect of the replacement or repair of any such appliance, or the replacement of any such vehicle.

.

• (12) In section 74 of that Act (charges for repairs and replacement in certain cases), after paragraph (b) there shall be inserted—

or (c) by an NHS trust in respect of the replacement or repair of any appliance or vehicle supplied by them,

.

• (13) In section 75A of that Act (remission and repayment of charges and payment of travelling expenses)—

• (a) in subsection (1), at the end there shall be inserted—

and (d) for the payment by the Secretary of State to NHS trusts of such sums as will reimburse them for any sums paid by them as travelling expenses in such cases as may be prescribed

; and

• (b) in subsection (2), for the words “or (c)” there shall be substituted the words “, (c) or (d)”.

• (14) In section 77 of that Act (default powers), after paragraph (a) of subsection (1) there shall be inserted—

(aa) an NHS trust

.

• (15) In section 79 of that Act (purchase of land and moveable property)—

• (a) in subsection (1), after the word “Act” where it first appears there shall be inserted the words “and may take any such property or land on lease,”; and

• (b) in subsection (2), after the word “(1),” there shall be inserted the words “other than on lease”.

• (16) In section 84 of that Act (power of trustees to make payments to Health Boards)—

• (a) in subsection (1), after the words “Health Board” where they—

• (i) second occur, there shall be inserted the words “or an NHS trust”; and

• (ii) third occur, there shall be inserted the words “or NHS trust”;

• (b) in subsection (2)—

• (i) after the words “Health Board” there shall be inserted the words “or NHS trust”; and

• (ii) after the word “Boards” there shall be inserted the words “or NHS trusts”. and

• (c) in subsection (3), after the words “Health Board” there shall be inserted the words “or an NHS trust”.

• (17) In section 84A of that Act (power to raise money by appeals etc)—

• (a) in subsection (1), after the word “Board” there shall be inserted “or NHS trust”; and

• (b) in subsections (3) to (7), after the word “Board” in each place where it occurs there shall be inserted “, NHS trust”.

• (18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (19) In section 101 of that Act (protection of health bodies and their officers), after the word “Board” there shall be inserted “, an NHS trust”.

• (20) In section 102(1) of that Act (management of state hospitals), for the word “90(2)” there shall be substituted “91(2)”.

• (21) In section 105 of that Act (orders, regulations and directions)—

• (a) after subsection (1) there shall be inserted the following subsection—

(1A) Subsection (1) does not apply to orders made under section 12D(1) or paragraph 26(1) of Schedule 7A.

;

• (b) in subsection (4), after the words “10(3) to (5)” there shall be inserted the words “12A(1), 12A(8), 12E(1), 12G(2),”; and

• (c) at the end of the said subsection (4) there shall be inserted the words “paragraph 25(1) of Schedule 7A and paragraph 3 of Schedule 7B”.

• (22) In section 108(1) of that Act (interpretation)—

• (a) in the definition of “Health Board”, for the word “board” there shall be substituted the words “Health Board”;

• (b) at the end of the definition of “health service hospital” there shall be added “or vested in an NHS trust”;

• (c) after the definition of “modifications” there shall be inserted—

“National Health Service trust” has the meaning indicated by section 12A and “NHS trust” shall be construed accordingly

;and

“NHS contract” has the meaning indicated by section 17A(3)

;

• (d) after the definition of “officer” there shall be inserted—

“operational date”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 7A;

;and

• (e) after the definition of “the Research Trust” there shall be inserted—

“Special Health Board” means a Special Health Board constituted under section 2;

.

• (23) In section 110 of that Act (citation, extent and commencement)—

• (a) in subsection (2), for the words “subsection (3)” there shall be substituted “subsections (2A) and (3)”; and

• (b) after subsection (2) there shall be inserted—

(2A) Section 87B(3) extends also to England and Wales.

• (24) In Schedule 6 to that Act (the Hospital Trust)—

• (a) in paragraph 4(c), after the words “Health Boards” there shall be inserted the words “and NHS trusts”;

• (b) after paragraph 4(e) there shall be inserted—

(ea) power to accept from any NHS trust for investment and management on behalf of the trust any property held on behalf of the trust by trustees appointed by virtue of section 12G(2), and any endowments or accumulated income otherwise held by the trust;

;

• (c) in paragraph 4(f)—

• (i) after the words “paragraph (e)” there shall be inserted the words “or, as the case may be, 0paragraph (ea)”; and

• (ii) after the words “Health Board” there shall be inserted the words “or, as the case may be, by an NHS Trust”;

• (d) in paragraph 6(2), after the words “Health Boards” there shall be inserted the words “or NHS trusts”;