National Health Service (Primary Care) Act 1997

• (b) for “the Medical Practices Committee are to refuse applications under section 20” substitute “ references under regulations made under section 19B are to be determined ”.

• (4) After subsection (1B) insert—

(1C) An order under subsection (1A) may, in particular, make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions of practice which relate to remuneration and are determined under regulations made under section 19B.

• (5) Omit subsections (2) to (6) and (8).

42

In section 24(1)(a), omit from “(ii) the occurrence” to the end of the section.

43

Omit section 25(2)(c).

44

In section 27(1), for “in this Act referred to” substitute “ , together with additional pharmaceutical services provided in accordance with a direction under section 27A, referred to in this Act ”.

45

In section 28(2)(b), after “that” insert “ (i) ”, and after “arrangements” insert

, and (ii) all additional pharmaceutical services provided in accordance with a direction under section 27A,

.

46

In section 34, after “whom” insert “ general ophthalmic ”.

47

In section 73(b), after “providing” insert “ personal dental services in accordance with section 17C arrangements or ”.

48

In section 74(b), after “providing” insert “ personal dental services in accordance with section 17C arrangements or ”.

49

In section 75, for paragraph (b) substitute—

(b) for the purposes of section 70(1A) in relation to appliances provided as part of— (i) general dental services, or (ii) personal dental services provided in accordance with section 17C arrangements, may provide for the reduction of the sums which would otherwise be payable by a Health Board to the persons by whom those services are provided by the amount of the charges authorised by section 70(1A) in respect of those appliances.

50

In section 75A(1)(a), after “section 70(1) or (1A) above” insert “ , section 70A(1) above ”.

51

In section 77(1), references to functions conferred or imposed by or under the 1978 Act are to be construed as including references to functions conferred or imposed in relation to pilot schemes by or under this Act; and references to regulations, schemes, proposals and directions are accordingly to be construed as including regulations, schemes, proposals or directions under this Act.

52

In section 78, the reference to a function conferred by or under the 1978 Act is to be construed as including a reference to a function conferred in relation to pilot schemes by or under this Act.

53

• (1) Section 87A is amended as follows.

• (2) In subsection (1), after “section 19”, insert “ , or (in the case of practitioners who are not employed by another person) personal medical services in accordance with section 17C arrangements, ”.

• (3) In subsection (4), for paragraph (g) substitute—

(g) the operation of this section in a case where one or more of the medical practitioners wishing to make an application under subsection (1) is also— (i) on the medical list of a Health Authority established under section 8 of the National Health Service Act 1977; or (ii) providing personal medical services in accordance with arrangements made under section 28C of that Act;

.

54

• (1) Section 87B is amended as follows.

• (2) In subsection (3)(b), for “individuals on the lists of patients of any of the members of the practice” substitute “ practice patients ”.

• (3) In subsection (5)(b)—

• (a) after “general medical services” insert “ or personal medical services provided in accordance with section 17C arrangements ”; and

• (b) for “individuals on the lists of patients of the members of the practice” substitute “ practice patients ”.

• (4) After subsection (6) insert—

(7) In this section “practice patient”, in relation to a recognised fund-holding practice, means an individual who is on the list of patients of any of the members of the practice (or, if any of those members together have a single list of patients in connection with section 17C arrangements, an individual who is on that single list).

55

• (1) Section 87D is amended as follows.

• (2) In subsection (1), for “subsection (2)” substitute “ subsections (2) and (8) ”.

• (3) In subsection (3)—

• (a) in paragraph (a), after “who” insert “ is on the medical list of a Health Board and ”; and

• (b) for paragraph (b) substitute—

(b) in the case of two or more medical practitioners who practise in partnership with each other, each medical practitioner who is on the medical list of a Health Board;

.

• (4) After subsection (7) insert—

(8) This section does not apply in relation to the performance or provision of personal medical services in accordance with section 17C arrangements.

56

In section 88(1)(d) and (2)(e), after “section 22” insert “ or by regulations which make provision in relation to section 17C arrangements of a kind that may be made by regulations under section 22 ”.

57

In section 108, insert at the appropriate places—

“health service body” means a person or body specified in section 17A(2);

;

“medical list” has the meaning given by section 19A(6);

;

“personal dental services” has the meaning given in section 17C(6);

;

“personal medical services” (except in section 19) has the meaning given in section 17C(6);

;

“section 17C arrangements” has the same meaning as in section 17E(9);

.

58

• (1) In Schedule 8, paragraph 8 is amended as follows.

• (2) In sub-paragraph (2), after “sub-paragraph (1)(c) above” insert “ as it has effect in relation to the functions mentioned below ”.

• (3) After sub-paragraph (2) insert—

(2A) In sub-paragraph (1)(c) above as it has effect in relation to functions of the Tribunal conferred by or under any enactment relating to the preferential treatment of medical practitioners on transferring to medical lists, the reference to the person concerned is a reference to the medical practitioner to whom the matter before the Tribunal relates.

59

• (1) Schedule 9 is amended as follows.

• (2) In paragraph 1(1) and (3), omit “, or any part of the goodwill,”.

• (3) In paragraph 1, for sub-paragraph (2) substitute—

(2) Any person proposing to be a party to a transaction or series of transactions which he thinks might amount to a sale of the goodwill of a medical practice in contravention of section 35(1) may ask the Medical Practices Committee for a certificate under this paragraph.

• (4) In paragraph 1, omit sub-paragraph (8).

• (5) In paragraph 2, for sub-paragraph (1) substitute—

(1) For the purposes of section 35(1) and paragraph 1, a disposal of premises previously used for the purposes of a medical practice shall be deemed to be a sale of the goodwill of a medical practice if— (a) the person disposing of the premises did so knowing that another person (“A”) intended to use them for the purposes of A’s medical practice; and (b) the consideration for the disposal substantially exceeded the consideration that might reasonably have been expected if the premises had not previously been used for the purposes of a medical practice. (1A) If a person disposes of any premises together with any other property, the court shall, for the purposes of sub-paragraph (1), make such apportionment of the consideration as it thinks just. (1B) For the purposes of sub-paragraphs (1) and (1A)— (a) “disposal” means any sale, letting or other form of disposal (whether by a single transaction or a series of transactions) and “disposes” and “disposing” are to be read accordingly; and (b) a person who procures the disposal of any premises is to be treated as having disposed of them.

• (6) In paragraph 2(2)—

• (a) omit “between medical practitioners”; and

• (b) omit “, or part of the goodwill,”.

• (7) In paragraph 2, for sub-paragraph (3) substitute—

(3) Sub-paragraph (3A) applies if a person (“the assistant”)— (a) performs services on behalf of a person who carries on a medical practice (or as an employee of a person employing a practitioner who carries on a medical practice); (b) receives substantially less remuneration for performing those services than might reasonably have been expected, having regard to the circumstances at the time when the remuneration was fixed; and (c) subsequently succeeds, whether as a result of a partnership agreement or otherwise, to that practice. (3A) For the purposes of section 35 and paragraph 1, a sale of the goodwill of the practice is to be deemed to have taken place (at the time when the remuneration was fixed), unless it is proved that the remuneration was not fixed in contemplation of the assistant’s succeeding to the practice.

• (8) In paragraph 2, for sub-paragraphs (4) and (5) substitute—

(4) For the purposes of section 35(1) and paragraph 1, the goodwill of a medical practice shall be deemed to have been sold if— (a) a person carrying on the practice (or employing a practitioner who carries on a medical practice) agrees, for valuable consideration— (i) to do or refrain from doing any act, for the purpose of facilitating the succession of another person to the practice; or (ii) to allow any act to be done, for that purpose; or (b) a person— (i) gives valuable consideration to a person carrying on the practice (or employing a practitioner who carries on a medical practice); and (ii) succeeds, or has previously succeeded, to the practice. (5) Sub-paragraph (4) does not apply— (a) if it is proved that no part of the consideration was given in respect of the goodwill; or (b) to anything done— (i) in relation to the acquisition of premises for the purposes of a medical practice; (ii) in pursuance of a partnership agreement; or (iii) in the performance of medical services by one person as an assistant to another.

• (9) In paragraph 2, for sub-paragraph (7) substitute—

(7) For the purposes of section 35 and this Schedule— (a) consideration is deemed to be given to a person (“B”) if— (i) it is given to another person but with B’s knowledge and consent; and (ii) it appears to the court that B has derived, or will derive, a substantial benefit from the giving of the consideration; and (b) unless the context otherwise requires, references to a person include, in the case of an individual who has died, references to his personal representative.

• (10) At the end insert—

(3) The fact that a person’s medical practice was previously carried on by another person who at any time provided general medical services or personal medical services does not, by itself, make it unlawful under section 35(1) for the goodwill of his practice to be sold.

60

In Schedule 11, in paragraph 1(1)(b), after “drug or medicine” insert “ (otherwise than in accordance with section 17C arrangements) ”.

The Medical Act 1983 (c. 54)

61

• (1) The Medical Act 1983 is amended as follows.

• (2) In section 11(4), in the definition of “approved”, for “, in relation to a hospital or institution,” substitute “ (except in subsection (5) ”.

• (3) In section 13—

• (a) in subsection (1), for “approved hospital or approved institution” substitute “ approved hospital, approved institution or approved medical practice ”;

• (b) in subsection (2), for “hospital or institution” substitute “ hospital, institution or medical practice ”;

• (c) in subsection (3)(a), for “an approved hospital or an approved institution” substitute “ an approved hospital, an approved institution or an approved medical practice ”.

• (4) In section 15(3), for “approved hospitals or approved institutions” substitute “ approved hospitals, approved institutions or approved medical practices ”.

• (5) In section 21(3), for “approved hospitals or approved institutions” substitute “ approved hospitals, approved institutions or approved medical practices ”.

The Dentists Act 1984 (c. 24)

62

In section 53(3)(a) of the Dentists Act 1984, for the words from “services under” to “1978 or” substitute—

(a) services under— (i) section 2, 3, 5(1)(a) or 28C of, or Schedule 1 to, the National Health Service Act 1977; (ii) section 17C, 36, 38 or 39 of the National Health Service (Scotland) Act 1978; or (iii)

.

The Copyright, Designs and Patents Act 1988 (c. 48)

63

In section 240(4) of the Copyright, Designs and Patents Act 1988, for the words from “(a) pharmaceutical services” to the end of the subsection substitute—

(a) pharmaceutical services, general medical services or general dental services under— (i) Part II of the National Health Service Act 1977, (ii) Part II of the National Health Service (Scotland) Act 1978, or (iii) the corresponding provisions of the law in force in Northern Ireland; or (b) personal medical services or personal dental services in accordance with arrangements made under— (i) section 28C of the 1977 Act, (ii) section 17C of the 1978 Act, or (iii) the corresponding provisions of the law in force in Northern Ireland.

The Health and Medicines Act 1988 (c. 49)

64

• (1) The Health and Medicines Act 1988 is amended as follows.

• (2) In section 2(1)(a), for the words from “provision of general medical services” to “Act 1978” substitute

provision of— (i) general medical services under Part II of the National Health Service Act 1977 or Part II of the National Health Service (Scotland) Act 1978; or (ii) personal medical services in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the 1978 Act

.

• (3) In section 8(2) omit “(a) or”.

• (4) In section 17, at the end insert—

(3A) This section applies also in relation to additional pharmaceutical services provided under arrangements made in accordance with directions under section 41A of the National Health Service Act 1977 or section 27A of the National Health Service (Scotland) Act 1978.

The National Health Service and Community Care Act 1990 (c. 19)

65

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

The Access to Health Records Act 1990 (c. 23)

66

• (1) The Access to Health Records Act 1990 is amended as follows.

• (2) In section 1(2), for paragraph (a) substitute—

(a) in the case of a record made by a general practitioner (other than an employed practitioner), or by a health professional employed by such a general practitioner— (i) the general practitioner on whose list the patient is included (or, where the patient is included on the list of a medical practice consisting of two or more partners who are general practitioners, any such partner); or (ii) where the patient is not on any such list, the Health Authority or Health Board by arrangement with whom a general practitioner last treated him;

.

• (3) In section 11, in the definition of “general practitioner”, for the words from “providing” to “Act 1978” substitute

— (a) providing general medical services in accordance with arrangements made under section 29 of the National Health Service Act 1977 or section 19 of the National Health Service (Scotland) Act 1978; or (b) performing personal medical services in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the 1978 Act

.

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

67

In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992—

• (a) after “as a person” insert “ performing personal medical services or personal dental services or ”;

• (b) before “29” insert “ 28C, ”; and

• (c) before “19” insert “ 17C, ”.

The Health Service Commissioners Act 1993 (c. 46)

68

• (1) The Health Service Commissioners Act 1993 is amended as follows.

• (2) In section 2A(1), for the words from “if they are” to “Act 1977” substitute

if they are— (a) individuals undertaking to provide in England general medical services or general dental services under Part II of the National Health Service Act 1977; (b) persons (whether individuals or bodies) undertaking to provide in England general ophthalmic services or pharmaceutical services under Part II of that Act; or (c) individuals performing in England personal medical services or personal dental services in accordance with arrangements made under section 28C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)

.

• (3) In section 2A(2), for the words from “if they are” to “Act 1977” substitute

if they are— (a) individuals undertaking to provide in Wales general medical services or general dental services under Part II of the National Health Service Act 1977; (b) persons (whether individuals or bodies) undertaking to provide in Wales general ophthalmic services or pharmaceutical services under Part II of that Act; or (c) individuals performing in Wales personal medical services or personal dental services in accordance with arrangements made under section 28C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)

.

• (4) In section 2A(3), for the words from “if they are” to “Act 1978” substitute

if they are— (a) individuals undertaking to provide in Scotland general medical services or general dental services under Part II of the National Health Service (Scotland) Act 1978; (b) persons (whether individuals or bodies) undertaking to provide in Scotland general ophthalmic services or pharmaceutical services under Part II of that Act; or (c) individuals performing in Scotland personal medical services or personal dental services in accordance with arrangements made under section 17C of that Act (except as employees of, or otherwise on behalf of, a health service body or an independent provider)

.

• (5) In section 3, after subsection (1) insert—

(1ZA) Any failure or maladministration mentioned in subsection (1) may arise from action of— (a) the health service body, (b) a person employed by that body, (c) a person acting on behalf of that body, or (d) a person to whom that body has delegated any functions.

Part II — Pre-consolidation Amendments

The National Health Service Act 1966 (c. 8)

69

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

The National Health Service Act 1977 (c. 49)

70

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

71

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

72

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

73

In section 36(1)(a), for “of lists” substitute “ by each Health Authority of a list ” and after “services” insert “ for persons in the Health Authority’s area ”

74

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

75

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

76

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

77

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

78

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

Transitional provisions for amendments to 1977 Act

79

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

The Health and Medicines Act 1988 (c. 49)

80

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

The Health Service Commissioners Act 1993 (c. 46)

81

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

SCHEDULE 3

Part I — Repeals

Part II — Pre-consolidation Repeals

Part III — Revocations

Pilot schemes.

Services Lists

8ZA

• (1) The Secretary of State may make regulations providing for the preparation and publication by each Primary Care Trust and by each Health Authority of one or more lists of—

• (a) medical practitioners who may perform personal medical services in connection with the provision of such services under a pilot scheme,

• (b) dental practitioners who may perform personal dental services in connection with the provision of such services under a pilot scheme.

• (2) Such a list is referred to in this section as a “services list”.

• (3) The regulations may, in particular, include provision as to—

• (a) the Primary Care Trust or Health Authority to which an application for inclusion in a services list is to be made,

• (b) the procedure for applying for inclusion, including any information to be supplied to the Primary Care Trust or Health Authority (whether by the applicant or by arrangement with him),

• (c) grounds on which the Primary Care Trust orHealth Authority may, or must, refuse a person’s application for inclusion in a services list (including his unsuitability for inclusion in such a list), or on which they may defer their decision on the application,

• (d) requirements with which a person included in a services list must comply (including the declaration of financial interests and of gifts and other benefits),

• (e) grounds on which a Primary Care Trust orHealth Authority may, or must, suspend or remove a person from a services list, the procedure for doing so, and the consequences of doing so,

• (f) payments to or in respect of persons who are suspended from a services list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),

• (g) the supply to the Primary Care Trust or Health Authority by an applicant for inclusion in a services list, or by a person included in one, of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,

• (h) circumstances in which a person included in a services list may not withdraw from it,

• (i) criteria to be applied in making decisions under the regulations,

• (j) appeals against decisions of Primary Care Trusts and Health Authorities under the regulations,

• (k) the disclosure by a Primary Care Trust orHealth Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a services list, refusals of such applications, and suspensions and removals from that list.

• (4) The regulations may, in particular, also provide for—

• (a) a person’s inclusion in a services list to be subject to conditions determined by the Primary Care Trust or Health Authority,

• (b) the Primary Care Trust orHealth Authority to vary the conditions or impose different ones,

• (c) the consequences of failing to comply with a condition (including removal from the list), and

• (d) the review by the Primary Care Trust orHealth Authority of their decisions made by virtue of regulations under this subsection.

• (5) The imposition of such conditions must be with a view to—

• (a) preventing any prejudice to the efficiency of the services to which the services list relates; or

• (b) preventing any acts or omissions of the type described in section 49F(3)(a) of the 1977 Act.

• (6) Regulations may provide—

• (a) that no person may perform personal medical services unless he is included in a medical list, a supplementary list under section 43D of the 1977 Act or a services list,

• (b) that no person may perform personal dental services unless he is included in a list referred to in section 36(1)(a) of the 1977 Act, a supplementary list under section 43D of that Act or a services list.

• (7) Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 49F to 49N of the 1977 Act.

• (8) If the regulations provide under subsection (3)(e) or (4) that a Primary Care Trust or Health Authority may suspend or remove a person from a services list, they must include provision—

• (a) requiring him to be given notice of any allegation against him;

• (b) giving him the opportunity of putting his case at a hearing before the Primary Care Trust or Health Authority make any decision as to his suspension or removal; and

• (c) requiring him to be given notice of the decision of the Primary Care Trust or of the Health Authority and the reasons for it and of any right of appeal under subsection (9) or (10).

• (9) If the regulations provide under subsection (3)(c) or (e) that a Primary Care Trust or Health Authority may refuse a person’s application for inclusion in a services list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the Family Health Services Appeal Authority (“FHSAA”) against the decision of the Primary Care Trust or of the Health Authority.

• (10) If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the decision of the Primary Care Trust or of the Health Authority—

• (a) to impose conditions, or any particular condition,

• (b) to vary a condition,

• (c) to remove him from the services list for breach of condition,

• (d) on any review of an earlier such decision of theirs.

8A

• (1) A Strategic Health Authority may not, under section 17A of the 1977 Act, direct a Primary Care Trust to exercise any functions of the Strategic Health Authority arising under a pilot scheme if the Primary Care Trust is providing any services under the pilot scheme.

• (2) The Secretary of State may by order make provision for any rights and liabilities arising under pilot schemes under which personal medical services are provided to be transferred from Strategic Health Authorities to Primary Care Trusts and from Primary Care Trusts to Strategic Health Authorities.

• (3) Subsection (2) is without prejudice to any other power of the Secretary of State to transfer rights and liabilities under the 1977 Act.

Supplementary regulations.

Expenditure of Health Boards.

Expenditure of Health Authorities.

Editorial notes

[^c12085281]: Acts amending and repealing are coextensive with the enactments they affect

[^c12085291]: Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 Act restricted (1.4.2000) by S.I. 2000/695, reg. 3 Act extended to the Isles of Scilly (2.3.2001) by S.I. 2001/540, art. 2 S.I. 2000/695 amended (1.4.2002) by S.I. 2002/555, regs. 3(2),(3)

[^c12085461]: S. 1: functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(b), Sch. 2 (as amended (1.4.2002) by S.I. 2002/555, reg. 3(2))

[^c12085481]: 1977 c. 49.

[^c12085491]: 1978 c. 29.

[^c12085501]: Words in s. 1(6)(a)(b) inserted (1.10.2002 for E.W.) by 2002 c. 17, ss. 4(3), Sch. 3 Pt. I para. 2(2); S.I. 2002/2478, art. 3(1)(a)

[^c12085521]: Words in s. 1(7) inserted (1.10.1999 for S., 4.1.2000 for E.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 88(2); S.S.I. 1999/90, art. 2(b); S.I. 1999/2342, art. 2(3)(a), Sch. 2

[^c12085531]: S. 1(8): paras. (a)(aa) in the definition of “authority” substituted (1.10.2002 for E.W.) by 2002 c. 17, ss. 4(3), 43(3), Sch. 3 Pt. 1 para. 2(3); S.I. 2002/2478, art. 3(1)(a)

[^c12085541]: Words in s. 1(8) inserted (1.7.2002 for W.) by 2001 c. 15, ss. 67, 70(2), Sch. 5 Pt. I para. 11(2)(b) (with s. 64(a), 65(4)); S.I. 2002/1475, art. 2, Sch. Pt. I

[^c12085551]: S. 2: functions of local authority may be responsibility of an executive of the authority (1.4.2000) by S.I. 2000/695, reg. 3(2)(b), Sch. 2 (as amended (1.4.2002) by S.I. 2002/555, reg. 3(2))

[^c12085561]: S. 2(2)(f) inserted (1.10.1999 for S., 4.1.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 88(3)(a); S.S.I. 1999/90, art. 2(b); S.I. 1999/2342, art. 2(3)(a), Sch. 2

[^c12085571]: Words in definition of “qualifying body” in s. 2(3) substituted (1.10.1999 for S., 4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 88(3)(b); S.S.I. 1999/90, art. 2(b); S.I. 1999/2342, art. 2(3)(a), Sch. 2

[^c12085591]: S. 3(2)(f) inserted (1.10.1999 for S., 4.1.2000 for E., and otherwiseprosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 88(4)(a); S.S.I. 1999/90, art. 2(b); S.I. 1999/2342, art. 2(3)(a), Sch. 2

[^c12085601]: 1984 c. 24.

[^c12085611]: Words in definition of “qualifying body” in s. 3(3)(b) substituted (1.10.1999 for S., 4.1.2000 for E., and otherwiseprosp.) by 1999 c. 8, ss. 65(1), 67(1)(2), Sch. 4 para. 88(4)(b); S.S.I. 1999/90, art. 2(b); S.I. 1999/2342, art. 2(3)(a), Sch. 2

[^c12085621]: S. 4 modified as to exercise of functions of a Health Authority (1.4.2001) by S.I. 2001/747, reg. 6(3)(c)

[^c12085631]: S. 4 wholly in force at 30.10.1997; s. 4 not in force at Royal Assent see s. 41; s. 4 in force for certain purposes at 22.8.1997 by S.I. 1997/1780, art. 2(2); s. 4 in force at 30.10.1997 in so far as not already in force by S.I. 1997/2620, art. 2(1)(a)

[^c12085651]: S. 5 wholly in force at 1.4.1998; s. 5 not in force at Royal Assent see s. 41; s. 5 in force for certain purposes at 28.11.1997 by S.I. 1997/2620, art. 2(2)(b); s. 5 in force at 1.4.1998 in so far as not already in force by S.I. 1998/631, art. 2(a), Sch. 1

[^c12085661]: S. 5(5) substituted (1.4.2002 for E. and 1.7.2002 for W. and otherwiseprosp.) by 2001 c. 15, ss. 67, 70(2), Sch. 5 Pt. I para. 11(3) (with ss. 64(9), 65(4)); S.I. 2002/1095 art. 2(3) (with transistional provisions in art. 3), Sch.; S.I. 2002/1475, art. 2 Sch. Pt. 1

[^c12085671]: S. 6 wholly in force at 1.4.1998; s. 6 not in force at Royal Assent see s. 41; s. 6 in force for specified purposes at 28.11.1997 by S.I. 1997/2620, art. 2(2)(b); s. 6 in force at 1.4.1998 in so far as not already in force by S.I. 1998/631, art. 2(a), Sch. 1

[^c12085681]: S. 6: functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(b), Sch. 2 (as amended (1.4.2002) by S.I. 2002/555, reg. 3(2)) S. 6 modified as to exercise of functions of a Health Authority (1.4.2001) by S.I. 2001/747, reg. 6(3)(c)

[^c12085691]: S. 7 wholly in force at 1.10.1998; s. 7 not in force at Royal Assent see s. 41; s. 7 in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(a), Sch. 1; s. 7 in force at 1.10.1998 in so far as not already in force by S.I. 1998/1998, art. 2(2)(a), Sch. 1

[^c12085701]: S. 8 wholly in force at 1.10.1998; s. 8 not in force at Royal Assent see s. 41; s. 8 in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(a), Sch. 1; s. 8 in force at 1.10.1998 in so far as not already in force by S.I. 1998/1998, art. 2(2)(a), Sch. 1

[^c12085741]: S. 8ZA and cross-heading inserted (E.W.) (31.5.2002 for E., 1.7.2002 for W.) by 2001 c. 15, s. 26(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(7) (with transitional provisions in art. 3); S.I. 2002/1475, art. 2 Sch. Pt. 1

[^c12085751]: Words in S. 8ZA(1) inserted (1.10.2002) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 3(2); S.I. 2002/2478 art. 3(1)(c)

[^c12085761]: Words in S. 8ZA(3)(a),(b),(c),(e),(g),(k), inserted (1.10.2002 for E.W.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 3(3)(a); S.I. 2002/2478 art. 3(1)(c)

[^c12085811]: Words in S. 8ZA(3)(j) inserted (1.10.2002 for E. W.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 3(3)(b); S.I. 2002/2478 art. 3(1)(c)

[^c12085831]: Words in S 8ZA(4)(a),(b),(d) inserted (1.10.2002 for E.W.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 3(4); S.I. 2002/2478 art. 3(1)(c)

[^c12085861]: Words in S 8ZA(8) inserted (1.10.2002 for E.W.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 3(5)(a); S.I. 2002/2478 art. 3(1)(c)

[^c12085881]: Words in S 8ZA(8)(c) substituted (1.10.2002 for E. W.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 3(5)(b); S.I. 2002/2478 art. 3(1)(c)

[^c12085891]: Words in S 8ZA(9) inserted (1.10.2002 for E.W.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 3(6)(a); S.I. 2002/2478 art. 3(1)(c)

[^c12085901]: Words in S 8ZA(9) substituted (1.10.2002 for E.W.) by 2002 c. 17, ss. 4(3), 42(2), Sch. 3 Pt. 1 para. 3(6)(b); S.I. 2002/2478 art. 3(1)(c)

[^c12085911]: Words in S 8ZA(10) substituted (1.10.2002 for E.W.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 3(7); S.I. 2002/2478 art. 3(1)(c)

[^c12085931]: S. 8A inserted (4.1.2000 for E.) by 1999 c. 8, ss. 6(1), 67(1); S.I. 1999/2342, art. 2(3)(a), Sch. 2

[^c12085941]: S 8A(1) substituted (1.10.2002 for E. W.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 4(a); S.I. 2002/2478, art. 3(1)(c)

[^c12085951]: Words in S. 8A(2) substituted (1.10.2002 for E.W.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 para. 4(b); S.I. 2002/2478, art. 3(1)(c)

[^c12085721]: S. 8ZA and cross-heading inserted (E.W.) (31.5.2002 for E., 1.7.2002 for W.) by 2001 c. 15, ss. 26(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(7); S.I. 1475, art. 2, Sch. Pt. 1

[^c12086041]: S. 9 wholly in force at 1.10.1998; s. 9 not in force at Royal Assent see s. 41; s. 9(1)(2) in force at 15.8.1997 by S.I. 1997/1780, art. 2(1), Sch.; s. 9(3) in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(a), Sch. 1; s. 9 in force at 1.10.1998 in so far as not already in force by S.I. 1998/1998, art. 2(2)(a), Sch. 1

[^c12086051]: Words in s. 9(1) substituted (1.9.1999 for E., 1.10.1999 for S., and 1.12.1999 for W.) by 1999 c. 8, s. 65(1), Sch. 4 para. 88(5)(a); S.I. 1999/2342, art. 2(1), Sch. 1; S.S.I. 1999/90, art. 2(b); S.I. 1999/3184, art. 2(2), Sch. 2

[^c12086071]: S. 9(1A) inserted (1.10.2002 for E. and W. and otherwiseprosp.) by 2002 c. 17, ss. 4(1), 42(3); S.I. 2002/2478, art. 3(1)(a)

[^c12086081]: Words in s. 9(2)(b) substituted (1.9.1999 for E., 1.10.1999 for S., and 1.12.1999 for W.) by 1999 c. 8, s. 65(1), Sch. 4 para. 88(5)(b); S.I. 1999/2342, art. 2(1), Sch. 1; S.S.I. 1999/90, art. 2(b); S.I. 1999/3184, art. 2(2), Sch. 2

[^c12086091]: 1990 c. 19.

[^c12086101]: 1983 c. 54.

[^c12086111]: Words in s. 12(2) substituted (1.10.2002 for E. and W. and otherwiseprosp.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 5(a); S.I. 2002/2478 art. 3(1)(c)

[^c12086121]: Words in s. 12(2) substituted (1.10.2002 for E. and W. and otherwiseprosp.) by 2002 c. 17, ss. 4(3), 42(3), Sch, 3 Pt. 1 para. 5(b); S.I. 2002/2478, art. 3(1)(c)

[^c12086141]: S. 13 wholly in force at 1.4.1998; s. 13 not in force at Royal Assent see s. 41; s. 13 (1)(3)-(8) in force at 15.8.1997 by S.I. 1997/1780, art. 2(1), Sch.; s. 13(2)(9) in force at 1.4.1998 by S.I. 1998/631, art. 2(a), Sch. 1

[^c12086151]: Words in s. 13(1) substituted (1.10.2002 for E. and W. and otherwiseprosp.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 6(2); S.I. 2002/2478, art. 3(1)(c)

[^c12086161]: S. 13(1A) inserted (1.10.2002 for E. and W. and otherwiseprosp.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 6(3); S.I. 2002/2478, art. 3(1)(c)

[^c12086171]: Words in s. 13(6) substituted (1.10.2002 for E. and W. and otherwiseprosp.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 6(4); S.I. 2002/2478, art. 3(1)(c)

[^c12086191]: S. 14 repealed (1.10.1999 for E., S., and 1.4.2000 for W.) by 1999 c. 8, s. 65(1)(2), Sch. 4 para. 88(6), Sch. 5; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.S.I. 1999/90, art. 2(b); S.I. 2000/1041, art. 2(d), Sch.

[^c12086201]: 1988 c. 49.

[^c12086211]: S. 16 wholly in force at 11.5.1998; s. 16 not in force at Royal Assent see s. 41; s. 16 in force for specified purposes at 30.10.1997 by S.I. 1997/2620, art. 2(1)(b); s. 16(2) in force at 11.5.1998 in so far as not already in force by S.I. 1998/631, art. 2(2)

[^c12086221]: 1990 c. 19.

[^c12086231]: S. 18 modified as to exercise of functions of a Health Authority (1.4.2001) by S.I. 2001/747, reg. 6(3)(c)

[^c12086241]: S. 18 wholly in force at 1.4.1998; s. 18 not in force at Royal Assent see s. 41; s. 18(1)(2)(a)(3) in force at 15.8.1997 by S.I. 1997/1780, art. 2(1), Sch.; s. 18(2)(b) in force for certain purposes at 28.11.1997 by S.I. 1997/2620, art. 2(2)(b); s. 18 in force at 1.4.1998 in so far as not already in force by S.I. 1998/631, art. 2(a), Sch. 1

[^c12086281]: S. 19 repealed (1.10.1999 for E., S., and 1.4.2000 for W.) by 1999 c. 8, s. 65(1)(2), Sch. 4 para. 88(6), Sch. 5; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.S.I. 1999/90, art. 2(b); S.I. 2000/1041, art. 2(d), Sch.

[^c12086461]: S. 21 partly in force; s. 21 not in force at Royal Assent see s. 41; s. 21(2)(3) in force for S. for specified purposes at 5.3.2001 by S.S.I. 2001/58, art. 2

[^c12086571]: 1977 c. 49.

[^c12086581]: 1977 c. 49.

[^c12086591]: 1984 c. 24.

[^c12086691]: S. 22 partly in force; s. 22 not in force at Royal Assent see s. 41; s. 22(2) in force for certain purposes at 5.3.2001 (S.) by S.S.I. 2001/58, art. 2

[^c12086781]: 1977 c. 49.

[^c12086791]: S. 25 partly in force; s. 25 not in force at Royal Assent see s. 41; s. 25(2) in force for certain puposes at 5.3.2001 (S.) by S.S.I. 2001/58, art. 2

[^c12086811]: 1988 c. 49.

[^c12086831]: S.I. 1995/414.

[^c12086861]: 1977 c. 49.

[^c12086871]: S.I. 1972/1265 (N.I.14).

[^c12086881]: 1989 c. 44.

[^c12086921]: 1977 c. 49.

[^c12086931]: S.I. 1972/1265 (N.I.14).

[^c12087001]: 1947 c. 27.

[^c12087011]: 1972 c. 58.

[^c12087021]: 1983 c. 54.

[^c12087031]: 1977 c. 49.

[^c12087041]: 1978 c. 29.

[^c12087051]: S.I. 1972/1265 (N.I.14).

[^c12087061]: 1974 c. 28.

[^c12087131]: 1978 c. 29.

[^c12087141]: Words in the definition of “authority” in s. 40(2) inserted (1.10.2002 for E.W.) by 2002 c. 17, ss. 4(3), 42(3), Sch. 3 Pt. 1 para. 9

[^c12087161]: S. 41 partly in force; s. 41(1)-(9)(13)(14) in force at 21.3.1997 see s. 41; s. 41(10) in force for certain purposes at 15.8.1997 by S.I. 1997/1780, art. 2(1), Sch.; s. 41(10)(12) in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(a), Sch. 1 (with arts. 3-5); s. 41(10)(12) in force for further certain purposes by S.I. 1998/1998, art. 2(2)(a), Sch. 1; s. 41(10)(12) in force for further certain purposes at 18.11.1998 and 10.12.1998 by S.I. 1998/2840, art. 2, Sch.; s. 41(10) in force (E.) for certain purposes at 24.6.2002 by S.I. 2002/1616, art. 2

[^c12087171]: S. 41(3) power partly exercised (23.7.1997): different dates appointed for specified provisions by S.I. 1997/1780, art. 2, Sch. S. 41(3) power partly exercised (29.10.1997): different dates appointed for specified provisions by S.I. 1997/2620, art. 2 S. 41(3) power partly excercised (2.4.2001): 5.3.2001 appointed for specified provisions by S.S.I. 2001/58, art. 2 S. 41(3) power partly exercised (E.) (20.6.2002): 24.6.2002 appointed for specified provisions by S.I. 2002/1616, art. 2

[^c12087181]: S. 41(3)(4) power partly exercised (13.10.1997): 14.1.1997 appointed for specified provision by S.I. 1997/2457, art. 2 (with art. 3) S. 41(3)(4) power partly exercised (9.3.1998): different dates appointed for specified provisions by S.I. 1998/631, art. 2, Schs. 1, 2 (subject to arts. 3, 4 (as amended (2.3.2001) by S.S.I. 2001/58, art. 3 and (2.2.2004) by S.I. 2004/287, art. 4)) S. 41(3)(4) power partly exercised (13.8.1998): different dates appointed for specified provisions by S.I. 1998/1998, art. 2, Schs. 1, 2 (with art. 3 (as amended (2.2.2004) by S.I. 2004/287, art. 4)) S. 41(3)(4) power partly exercised (17.11.1998): different dates appointed for specified provisions by S.I. 1998/2840, art. 2, Sch. (with art. 3)

[^c12087331]: Sch. 2 para. 1 partly in force; Sch. 2 para. 1 not in force at Royal Assent see s. 41; Sch. 2 para. 1 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

[^c12087341]: 1978 c. 29.

[^c12087351]: Sch. 2 para. 2 partly in force; Sch. 2 para. 2 not in force at Royal Assent see s. 41; Sch. 2 para. 2 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

[^c12087361]: 1977 c. 49.

[^c12087451]: Sch. 2 para. 21 partly in force; Sch. 2 para. 21 not in force at Royal Assent see s. 41; Sch. 2 para. 21 in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(b), Sch. 2; Sch. 2 para. 21 in force at 1.10.1998 in so far as not already in force by S.I. 1998/1998, art. 2(2)(b), Sch. 2

[^c12087491]: Sch. 2 para. 32 partly in force; Sch. 2 para. 32 not in force at Royal Assent see s. 41; Sch. 2 para. 32 in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(1)(b), Sch. 2; Sch. 2 para. 32 in force for certain purposes at 1.10.1998 by S.I. 1998/1998, art. 2(2)(b), Sch. 2

[^c12087501]: Sch. 2 para. 35 partly in force; Sch. 2 para. 35 not in force at Royal Assent see s. 41; Sch. 2 para. 35 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

[^c12087511]: Sch. 2 para. 38 partly in force; Sch. 2 para. 38 not in force at Royal Assent see s. 41; Sch. 2 para. 38 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

[^c12087521]: 1977 c. 49.

[^c12087561]: Sch. 2 para. 55 repealed (prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5

[^c12087571]: Sch. 2 para. 57 partly in force; Sch. 2 para. 57 not in force at Royal Assent see s. 41; Sch. 2 para. 57 in force for certain purposes at 1.4.1998 by S.I. 1998/631, art. 2(1)(b), Sch. 2 and Sch. 2 para. 57 in force for certain further purposes at 5.3.2001 by S.S.I. 2001/58, art. 2

[^c12087601]: 1977 c. 49.

[^c12087611]: 1978 c. 29.

[^c12087621]: Sch. 2 para. 63 partly in force; Sch. 2 para. 63 not in force at Royal Assent see s. 41; Sch. 2 para. 63 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

[^c12087631]: Sch. 2 para. 64 partly in force; Sch. 2 para. 64 not in force at Royal Assent see s. 41; Sch. 2 para. 64(1) in force for certain purposes and Sch. 2 para. 64(2)(4) in force at 1.4.1998 by S.I. 1998/631, art. 2(b), Sch. 2

[^c12087761]: 1977 c. 49.

[^c12087771]: 1978 c. 29.

[^c12087781]: Sch. 2 para. 67 partly in force; Sch. 2 para. 67 not in force at Royal Assent see s. 41; Sch. 2 para. 67 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

[^c12087791]: Sch. 2 para. 68 partly in force; Sch. 2 para. 68 not in force at Royal Assent see s. 41; Sch. 2 para. 68 in force for certain purposes at 1.4.1998 by S.I. 1998/631, arts. 2(b), 3, Sch. 2

[^c12087801]: 1978 c. 29.

[^c12087911]: Sch. 3 Pt. I partly in force; Sch. 3 Pt. I not in force at Royal Assent see s. 41; Sch. 3 Pt. I in force for specified purposes at 1.4.1998 by S.I. 1998/631, art. 2(a), Sch. 1; Sch. 3 Pt. I in force at 1.10.1998 for further certain purposes by S.I. 1998/1998, art. 2(2)(a), Sch. 1; Sch. 3 Pt. I in force for further certain purposes at 10.12.1998 by S.I. 1998/2840, art. 2, Sch.