Health Act 1999

• (e) work for the purposes of the social services functions of a local authority whose area is in England,

• (f) the provision in England of services similar to services which may or must be provided by a local authority in the exercise of its social services functions,

• (g) the provision of personal care for persons in England,

• (h) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care for persons in England,

• (i) management of an undertaking of the kind mentioned in paragraph (h),

• (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the Children Act 1989 (inspection of children's homes),

• (k) employment as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—

• (i) section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges),

• (ii) section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority), or

• (iii) section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector),

• (l) employment as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part),

• (m) management of staff mentioned in paragraph (k) or (l),

• (n) employment at a day centre in England.

• (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2ZD) An expression used in subsection (2ZC) and in section 55 of the Care Standards Act 2000 has the same meaning in that subsection as it has in that section.

• (2ZEA) In subsection (2ZC) “social work in England” means social work which is required in connection with any health, education or social services provided in England.

• (2ZF) In this section, “approved mental health professional” has the meaning given in section 114 of the Mental Health Act 1983.

• (2A) Her Majesty may also by Order in Council make provision relating to, or connected with, the functions of the relevant regulatory body in relation to—

• (a) the registration of premises under Part 4 of the Medicines Act 1968 (pharmacies),

• (b) the regulation of the use of premises for the purposes of a retail pharmacy business, within the meaning of the Medicines Act 1968,

• (c) compliance with the provisions of that Act or the Human Medicines Regulations 2012,

• (d) compliance with the provisions of the Poisons Act 1972 or the Poisons (Northern Ireland) Order 1976 by persons admitted to practice and persons carrying on a retail pharmacy business, and

• (e) the grant of authorisations under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance).

• (2B) In subsection (2A) “the relevant regulatory body” means the body (or main body) responsible for the regulation of the professions referred to in subsection (2)(aa).

• (3) The Professions Supplementary to Medicine Act 1960 and the Nurses, Midwives and Health Visitors Act 1997 are to cease to have effect.

• (4) Schedule 3 (which makes further provision about Orders under this section) is to have effect.

English and Scottish border provisions

61

• (1) Her Majesty may by Order in Council provide for any functions to which subsection (2) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in English border areas, to be exercisable (instead of any corresponding function to which subsection (4) applies) in respect of the provision of the services in question to persons in Scottish border areas who are specified in the Order.

• (2) This subsection applies to any functions under the National Health Service Act 2006, or the National Health Service (Wales) Act 2006... which are exercisable by the Secretary of State, the National Health Service Commissioning Board or any clinical commissioning group ... ... .

• (3) Her Majesty may by Order in Council provide for any functions to which subsection (4) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in Scottish border areas, to be exercisable (instead of any corresponding function to which subsection (2) applies) in respect of the provision of the services in question to persons in English border areas who are specified in the Order.

• (4) This subsection applies to any functions under the 1978 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Scottish Ministers or any Health Board or NHS trust established under the 1978 Act.

• (5) In this section—

• “English border area” means the area of any clinical commissioning group ... adjacent to Scotland,

• “Scottish border area” means the area of any Health Board adjacent to England.

Supplementary

Regulations and orders

62

• (1) Any power to make regulations or an order under this Act is exercisable by statutory instrument . . . .

• (2) Directions under section 20 or 28 or Schedule 2, or by virtue of section 38(1)(b), are to be given by an instrument in writing.

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

• (4) Any power under this Act to make Orders in Council or orders—

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

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

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

• (ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

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

• (c) may, in particular, be exercised so as to make different provision for different areas.

• (4A) Any such power includes power—

• (a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the person exercising the power considers to be expedient, and

• (b) to provide for a person to exercise a discretion in dealing with any matter.

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

• (6) Subject to the following subsections, a statutory instrument containing subordinate legislation under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) Subsection (6) does not apply to—

• (a) an order under section 63 which contains only provision for or in connection with the transfer of any property, rights or liabilities, or

• (b) an order under section 67.

• (8) No order is to be made under section 37(10) unless a draft has been laid before, and approved by resolution of, each House of Parliament.

• (9) No recommendation is to be made to Her Majesty to make an Order in Council under section 60 unless a draft has been laid before, and approved by resolution of, each House of Parliament.

• (10) But if any provision made by an Order in Council under that section would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence, no recommendation is to be made to Her Majesty to make the Order unless a draft—

• (a) has been laid before, and approved by resolution of, each House of Parliament, and

• (b) has been laid before, and approved by resolution of, the Scottish Parliament.

• (11) No recommendation is to be made to Her Majesty to make an Order in Council under section 61 unless a draft—

• (a) has been laid before, and approved by resolution of, each House of Parliament, and

• (b) has been laid before, and approved by resolution of, the Scottish Parliament.

Supplementary and consequential provision etc

63

• (1) The Secretary of State may by order make—

• (a) such supplementary, incidental or consequential provision, or

• (b) such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

• (2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.

Interpretation

64

In this Act—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the 1978 Act” means the National Health Service (Scotland) Act 1978,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “enactment” includes an enactment whenever passed or made,

• “NHS trust” has the same meaning—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in Part II of this Act as in the 1978 Act.

Final provisions

Amendments and repeals

65

• (1) Schedule 4 (amendments of enactments) is to have effect.

• (2) The repeals set out in Schedule 5 (which include the repeal of an enactment which is spent) are to have effect.

Devolution

66

• (1) For the purposes of the Scotland Act 1998, any provision of this Act which extends to Scotland is to be taken to be a pre-commencement enactment within the meaning of that Act; but this subsection does not apply to section 22.

• (2) The power of a Minister of the Crown under section 67 to appoint a day for any of the following provisions to come into force in relation to Wales—

• (a) sections 1 to 8 and 10 to 18 and Schedule 1,

• (b) sections 26 to 32,

• (c) section 65(1) and Schedule 4, so far as concerns the following provisions of that Schedule: paragraphs 1 to 16, 23 to 26, 27(a), 28 to 35, 37, 38 (except sub-paragraph (2)(b) and (d)), 39, 40, 71, 72, 74, 75, 76(b), 77 to 80, 81 (except sub-paragraph (2)(b)), 83, 84, 85 (except sub-paragraph (2)(a)) and 87 to 90,

is exercisable instead by the National Assembly for Wales.

• (3) In Schedule 5 to the Government of Wales Act 1998 (bodies and offices covered by section 74), after paragraph 12 there is inserted—

(12A) The Commission for Health Improvement.

• (4) The National Assembly for Wales (Transfer of Functions) Order 1999 is amended as follows; and those amendments are to have effect as if made by an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions).

• (5) In Schedule 1—

• (a) in the entry for the 1977 Act, after paragraph (c) there is inserted—

(cc) section 43C; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

,

• (b) at the end of the entry for the 1990 Act, there is inserted—

The references above to paragraph 1 of Schedule 3 are references to that paragraph before the amendments made by section 17 of the Health Act 1999. The Treasury consent requirement under paragraph 8 of that Schedule (inserted by Schedule 4 to the Health Act 1999), so far as relating to the matters referred to in paragraph (b) of that paragraph, shall continue in effect.

,

• (c) after the entry for the National Minimum Wage Act 1998 there is inserted—

In the Health Act 1999— (a) Part I and Schedule 4, except sections 20(1), 22 and 33 to 38 and Schedule 2 (other than paragraph 2); (b) section 63, so far as it relates to any of the provisions which, by virtue of section 66(2), may be brought into force by the Assembly

.

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

Commencement

67

• (1) The preceding provisions of this Act (including the Schedules) are to come into force on such day as the Secretary of State may by order appoint.

• (2) Different days may be appointed under this section for different purposes.

• (3) Subsection (1) does not apply to the repeal of section 10 of the Professions Supplementary to Medicine Act 1960 (power to extend or restrict application of Act), which comes into force on 1st July 1999 or, if later, on the day on which this Act is passed.

• (4) Subsection (1) does not apply to section 66, of which—

• (a) subsections (1) and (3) to (6) come into force on the day on which this Act is passed,

• (b) subsection (2) comes into force on 1st July 1999 or, if later, the day on which this Act is passed.

Extent

68

• (1) Subject to the following provisions—

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

• (b) Part II extends only to Scotland, and

• (c) this Part extends to Northern Ireland (as well as to England and Wales and Scotland).

• (2) The amendment or repeal of an enactment, or a power to amend or repeal an enactment, which extends to any part of the United Kingdom extends also to that part.

• (3) Sections 22 and 25 extend to Scotland and Northern Ireland.

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

• (5) The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

Short title

69

This Act may be cited as the Health Act 1999.

SCHEDULE 1

After Schedule 5 to the 1977 Act (Health Authorities and Special Health Authorities), there is inserted—

SCHEDULE 2

Status

1

The Commission is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commissions’ property is to not to be regarded as property of, or property held on behalf of, the Crown.

General powers

2

• (1) Subject to any directions given by the Secretary of State, the Commission may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.

• (2) That includes, in particular—

• (a) acquiring and disposing of land and other property, and

• (b) entering into contracts.

General duty

3

It is the duty of the Commission to carry out its functions effectively, efficiently and economically.

Membership

4

The Commission is to consist of—

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

• (b) a member appointed by the National Assembly for Wales who appears to the Assembly to be suited to make the interests of Wales his special care, and

• (c) other members appointed by the Secretary of State.

Appointment, procedure etc

5

The Secretary of State may by regulations make provision as to—

• (a) the appointment of the chairman and other members of the Commission (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment),

• (b) the tenure of office of the chairman and other members of the Commission (including the circumstances in which they cease to hold office or may be removed or suspended from office),

• (c) the appointment of, constitution of and exercise of functions by committees and sub-committees of the Commission (including committees and sub-committees which consist of or include persons who are not members of the Commission), and

• (d) the procedure of the Commission and any committees or sub-committees of the Commission (including the validation of proceedings in the event of vacancies or defects in appointment).

Remuneration and allowances

6

• (1) The Commission may pay to its chairman, and to any other member of the Commission, such remuneration and allowances as the Secretary of State may determine.

• (2) The Commission may pay to any member of a committee or sub-committee of the Commission such allowances as the Secretary of State may determine.

• (3) If the Secretary of State so determines, the Commission must make provision for the payment of such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or any other member of the Commission.

• (4) If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the Commission to receive compensation, the Commission must pay to him such compensation as the Secretary of State may determine.

Employees

7

• (1) There is to be a chief executive of the Commission (to be known as the Director for Health Improvement) who is to be an employee of the Commission and is to be responsible to the Commission for the general exercise of the Commission’s functions.

• (2) Subject to sub-paragraph (3), the Director for Health Improvement is to be appointed by the Commission . . . .

• (3) The first Director for Health Improvement is to be appointed by the Secretary of State on such terms and conditions as the Secretary of State may determine.

• (4) The Commission may appoint such other employees as it considers appropriate.

• (5) Employees of the Commission are to be appointed by the Commission on such terms and conditions as the Commission may determine.

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

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

Delegation of functions

8

• (1) The Commission may arrange for the discharge of any of its functions by

• (a) a committee, sub-committee, member or employee of the Commission, or

• (b) any other person.

• (2) If the Commission arranges for the discharge of any function falling within section 20(1A) of this Act by one or more committees or sub-committees of the Commission, the persons by whom those functions are to be discharged are to be known collectively as “the Office for Information on Health Care Performance”.

• (3) If the Commission arranges for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Assistance

9

• (1) The Commission may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case.

• (2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Payments and loans to Commission

10

• (1) The Secretary of State may make payments out of money provided by Parliament to the Commission of such amounts, at such times and on such conditions (if any) as he considers appropriate.

• (2) The National Assembly for Wales may make payments to the Commission of such amounts, at such times and on such conditions (if any) as it considers appropriate.

• (3) The Secretary of State may make loans out of money provided by Parliament to the Commission on such terms (including terms as to repayment and interest) as he may determine.

• (4) The National Assembly for Wales may make loans to the Commission on such terms (including terms as to repayment and interest) as it may determine.

• (5) The approval of the Treasury is required as to the amount and terms of any loan under sub-paragraph (3).

• (6) Except as provided by sub-paragraphs (3) and (4), the Commission has no power to borrow money.

• (7) The Secretary of State may give directions to the Commission as to the application of any sums received by the Commission under sub-paragraph (1) or (3).

• (8) The National Assembly for Wales may give directions to the Commission as to the application of any sums received by the Commission under sub-paragraph (2) or (4).

• (9) The Commission must comply with any directions under sub-paragraph (7) or (8).

Accounts

11

• (1) The Commission must keep accounts in such form as the Secretary of State may determine.

• (2) The Commission must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

• (3) The Commission must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

• (4) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.

• (5) In this paragraph “financial year” means—

• (a) the period beginning with the date on which the Commission is established and ending with the next 31st March following that date; and

• (b) each successive period of twelve months ending with 31st March.

Reports and other information

12

• (1) As soon as possible after the end of each financial year, the Commission must make a report to the Secretary of State on the way in which the Commission has exercised its functions during the year.

• (1A) As soon as possible after the end of each financial year, the Commission must also make a report to the Secretary of State and the National Assembly for Wales on what it has found in relation to NHS bodies and service providers in the course of exercising its functions during the year.

• (1B) The Secretary of State must lay before Parliament any reports he receives under sub-paragraphs (1) and (1A).

• (1C) The National Assembly for Wales must publish any report it receives under sub-paragraph (1A).

• (2) The Commission must provide the Secretary of State with such reports and information relating to the exercise of its functions as he may from time to time require.

• (3) In this paragraph “financial year” has the meaning given by paragraph 11(5).

Application of seal and evidence

13

The application of the seal of the Commission must be authenticated by the signature—

• (a) of any member of the Commission, or

• (b) of any other person who has been authorised by the Commission (whether generally or specially) for that purpose.

14

A document purporting to be duly executed under the seal of the Commission or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Miscellaneous amendments

15

In Schedule 1 to the Public Records Act 1958 (definition of public records), the following entry is inserted at the appropriate place in Part II of the Table at the end of paragraph 3—

Commission for Health Improvement.

16

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bb) of paragraph 1 there is inserted—

(bc) the Commission for Health Improvement

.

17

In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), the following entry is inserted at the appropriate place—

Commission for Health Improvement.

18

In the House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), the following entry is inserted at the appropriate place—

The Commission for Health Improvement

.

19

In the Northern Ireland Assembly Disqualification Act 1975, the same entry as is set out in paragraph 18 is inserted at the appropriate place in Part II of Schedule 1.

SCHEDULE 3

Matters generally within the scope of the Orders

1

An Order may make provision, in relation to any profession, for any of the following matters (among others)—

• (a) the establishment and continuance of a regulatory body,

• (b) keeping a register of members admitted to practice,

• (c) education and training before and after admission to practice,

• (d) privileges of members admitted to practice,

• (e) standards of conduct and performance,

• (f) discipline and fitness to practise,

• (g) investigation and enforcement by or on behalf of the regulatory body,

• (h) appeals,

• (j) default powers exercisable by a person other than the regulatory body.

Manner of exercise of power

2

• (1) The power to make an Order may be exercised by amending or repealing any enactment (whether or not mentioned in section 60) or prerogative instrument and any other instrument or document.

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

3

The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.

4

The power may be exercised so as to make provision for the charging of fees.

5

The power may be exercised so as to—

• (a) confer functions (including power to pay grants) on Ministers of the Crown, the Scottish Ministers , a Northern Ireland department or the National Assembly for Wales, or

• (b) modify their functions.

6

The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.

Matters outside the scope of the Orders

7

• (1) An Order may not abolish—

• (a) the regulatory body of any profession to which section 60(2)(a) applies,

• (b) the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland,

• (c) the Health and Care Professions Council,

• (d) the Nursing and Midwifery Council, or

• (e) any other regulatory body established by an Order.

• (1A) Sub-paragraph (1)(b) does not prevent an Order in Council from establishing a new regulatory body for the professions mentioned in section 60(2)(aa) and transferring to it any of the functions of the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland.

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

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

• (4) An Order may not confer any additional powers of direction over the Professional Standards Authority for Health and Social Care.

8

• (1) Where an enactment provides, in relation to any profession, for any function mentioned in sub-paragraph (2) to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers to exercise that function.

• (2) The functions are—

• (a) keeping the register of members admitted to practice,

• (b) determining standards of education and training for admission to practice,

• (c) giving advice about standards of conduct and performance,

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

• (2ZA) Where an enactment provides for any function mentioned in sub-paragraph (2ZB) to be exercised by the Health and Care Professions Council or another regulatory body, or any of its committees or officers, an Order may not provide for any person other than that body or any of its committees or officers to exercise that function.

• (2ZB) The functions are—

• (a) keeping the registers of social care workers in England of any description,

• (b) determining standards of education and training required as a condition of registration,

• (c) giving advice about standards of conduct and performance.

• (2A) Where an enactment provides, in relation to any profession, for any function of administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers ... to exercise that function.

• (2B) In sub-paragraphs (1) and (2A) references to a regulatory body do not include references to any of the following—

• (a) the Royal Pharmaceutical Society of Great Britain,

• (b) the Pharmaceutical Society of Northern Ireland, and

• (c) the Hearing Aid Council.

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

Preliminary procedure for making Orders

9

• (1) If it is proposed to lay a draft of an Order before Parliament, the Secretary of State must first—

• (a) publish a draft of an Order, and

• (b) invite representations to be made to him about the draft by persons appearing to him appropriate to represent any profession or any social care workers in England to be regulated, persons appearing to him appropriate to represent those provided with services by any profession or any social care workers in England to be regulated and any other persons appearing to him appropriate to consult about the draft.

• (1A) In the case of a draft Order which amends or repeals—

• (a) an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act, or

• (b) any other enactment that extends to Scotland and relates to matters falling within the legislative competence of the Scottish Parliament,

but does not contain provision of the kind mentioned in sub-paragraph (3), the persons consulted by the Secretary of State under sub-paragraph (1)(b) must include the Scottish Ministers.

• (2) After the end of the period of three months beginning with the publication of the draft, he may lay the draft as published, or that draft with any modifications he considers appropriate, together with a report about the consultation before Parliament.

• (3) If any provision of a draft would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence—

• (a) the Secretary of State’s duty under sub-paragraph (1) must be performed also by the Scottish Ministers, and

• (b) sub-paragraph (4) shall apply instead of sub-paragraph (2).

• (4) After the end of the period of three months beginning with the publication of the draft, the draft as published, or that draft with any modifications which the Secretary of State and the Scottish Ministers consider appropriate, may be laid before Parliament and the Scottish Parliament together with a report made by the Secretary of State and the Scottish Ministers about the consultation.

Interpretation and application

10

In this Schedule—

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

• “enactment” means an enactment contained in, or in an instrument made under—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, orNorthern Ireland legislation,

• “functions” includes powers and duties,

• “medical practitioner” means a registered medical practitioner as defined by Schedule 1 to the Interpretation Act 1978,

• “Order” means an Order in Council under section 60,

• “regulatory body”, in relation to any profession or any social care workers in England, means the body (or main body) responsible for the regulation of the profession or the social care workers in England concerned,

• “social care work in England” and “social care workers in England” have the meaning given by section 60.

11

• (1) The powers conferred by section 60 may be exercised so as to regulate a profession which is not regulated by any enactment (whether established before or after the passing of this Act).

• (2) References to regulation, in relation to a profession, in that section and this Schedule include—

• (a) the regulation of persons seeking admission to practice or who were, but are no longer, allowed to practise as members of the profession,

• (b) the regulation of activities carried on by persons who are not members of the profession but which are carried on in connection with the practice of the profession,

• (c) in the case of the profession of medical practitioner, the regulation of the qualifications or experience required for a medical practitioner to perform primary medical services under Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006,

• (d) in the case of the profession of dental practitioner, the regulation of the qualifications or experience required for a dental practitioner to perform primary dental services under Part 5 of the National Health Service Act 2006 or Part 5 of the National Health Service (Wales) Act 2006.

• (2A) References in section 60 and this Schedule to regulation, in relation to social care workers in England, include—

• (a) the regulation of persons seeking to be registered or who were, but are no longer, allowed to be registered as social care workers in England,

• (b) the regulation of activities carried on by persons who are not social care workers in England (or engaging in social work in England) but which are carried on in connection with social care work in England.

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

12

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SCHEDULE 4

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

1

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

National Health Service Act 1966 (c. 8)

2

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

Health Services and Public Health Act 1968 (c. 46)

3

In section 63 of the Health Services and Public Health Act 1968 (instruction of Health Authority employees and others)—

• (a) in subsection (1)(a), for “or Special Health Authority or a Health Board” there is substituted “ Special Health Authority, Health Board or Primary Care Trust ”,

• (b) in subsection (5A), for “or Special Health Authority” in both places there is substituted “ Special Health Authority or Primary Care Trust ”,

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

The 1977 Act

4

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5

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6

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7

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8

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9

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10

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11

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12

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13

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14

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15

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16

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17

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18

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19

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20

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21

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22

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23

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24

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25

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26

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27

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28

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29

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30

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31

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32

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33

• (1) Section 98 (accounts and audit) is amended as follows.

• (2) In subsection (1)—

• (a) after paragraph (b) there is inserted—

(bb) every Primary Care Trust

,

• (b) in paragraph (dd), after “1990” there is inserted—

(ddd) any trustees for a Primary Care Trust appointed in pursuance of section 96B above

.

• (3) Before subsection (2A) there is inserted—

(2AA) Every Primary Care Trust shall send a copy of any accounts it has prepared under subsection (2) above to the Health Authority within whose area the trust’s area falls.

34

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35

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36

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37

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38

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39

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40

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41

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

The 1978 Act

42

The 1978 Act is amended as follows.

43

In section 9 (local consultative committees)—

• (a) in subsection (5), for “on the provision of services under this Act” there is substituted “ and, where the Secretary of State so directs, an NHS trust on the provision of services under this Act or under a pilot scheme under section 1 of the National Health Service (Primary Care) Act 1997 ”,

• (b) in subsection (7), after “Health Boards” there is inserted “ or, where the Secretary of State so directs, NHS trusts ” and for “may be prescribed” there is substituted “ the Secretary of State may direct ”.

44

In section 10(4) (Common Services Agency)—

• (a) after “Health Boards” in the first place where it appears there is inserted “ the NHS trusts ”,

• (b) after “Health Boards” in the second place where it appears there is inserted “ or of the NHS trusts ”,

• (c) after “Health Boards” in the third place where it appears there is inserted “ or NHS trusts ”.

45

In section 12A(5) (NHS trusts)—

• (a) in paragraph (a), for “and directors” there is substituted “ , directors and trustees ”,

• (b) in paragraph (b), after “directors” there is inserted “ , trustees, ”,

• (c) in paragraph (c), after “directors” there is inserted “ and trustees ”,

• (d) in paragraph (d), for the words from “director” where it first appears to the end of the paragraph there is substituted “ trustee, to be regarded as an executive director rather than as a trustee ”.

46

In section 17A (NHS contracts)—

• (a) in subsection (2)—

• (i) after paragraph (a) there is inserted—

(aa) Special Health Boards

,

• (ii) after paragraph (k) there is inserted—

(ka) Primary Care Trusts established under section 16A of the National Health Service Act 1977

,

• (iii) paragraphs (d) and (j) are omitted,

• (b) in subsection (3), paragraph (a) and the word “and” following it are omitted.

47

In section 17E (personal medical and dental services: regulations), subsection (4) is omitted.

48

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

49

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

50

Section 32 (regulations as to sections 29 to 31) is renumbered as subsection (1) of that section and—

• (a) in paragraph (c) after “disqualification” in both places where it occurs there is inserted “ or condition ”,

• (b) after that subsection there is inserted—

(2) Regulations under subsection (1)(a) may in particular provide that, where (apart from the regulations) it would be the duty of the Tribunal to inquire into both an efficiency case and a fraud case in respect of the same person, they may inquire into one case before inquiring into the other and, after proceedings in the first case are finally disposed of, may if they think it appropriate adjourn the other case indefinitely.

51

In section 32A (applications for interim suspension)—

• (a) after subsection (1) there is inserted—

(1A) A Health Board may, if they have requested a review of a conditional disqualification on the ground mentioned in section 30(3)(b) or (c), at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) in relation to the person to whom the review relates.

,

• (b) in subsection (2), for the words from “it” to “patients” there is substituted “ either of the conditions for doing so is satisfied ” and after “in question” there is inserted “ or the case to which the review in question ”,

• (c) after that subsection there is inserted—

(2A) The conditions for giving such a direction are— (a) that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part to which the case in question, or the case to which the review in question, relates; (b) in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that— (i) an act or omission within section 29(7)(a) will occur; or (ii) the investigation of the case or the review will be prejudiced.

,

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

• (e) in subsection (4), after “case” there is inserted “ or review ”,

• (f) subsection (5) is omitted’

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

In section 32B (continuation of suspension pending appeal)—

• (a) for subsection (1) and the preceding sidenote there is substituted—

(32B) (1) Where, on disposing of a case under section 29B, the Tribunal make a national disqualification, they may, if they consider that either of the conditions mentioned in section 32A(2A) is satisfied, direct that section 32A(3) shall apply or, if a direction has been given under section 32A(2), shall continue to apply to him as respects services of the kind to which the disqualification relates.

,

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

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

• (d) subsection (4) is omitted.

53

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

54

After section 35 there is inserted—

(35A) Where, under a direction by the Secretary of State, a Health Board has delegated any of its functions to an NHS trust, any reference in this Part to a Health Board in relation to such a delegated function shall, unless the context otherwise requires, include a reference to an NHS trust.

55

In section 85A (financial duties of certain bodies)—

• (a) in subsection (1), before “85(1)” in both places where it occurs there is inserted “ 85AA(1) or ” and for “85(2)(a)” there is substituted “ 85AA(3) ”,

• (b) in subsection (2), for “Subsection (3) of section 85” there is substituted “ Subsection (9) of section 85AA ”,

• (c) in subsection (3), before “85(1)” there is inserted “ 85AA(1) or ”,

• (d) in subsection (6), in paragraph (c) before “85(1)” there is inserted “ 85AA(1) ” and for “85(2)(a)” there is substituted “ 85AA(3) ”.

56

In section 85B(2) (bodies in respect of which schemes for meeting losses and liabilities may be made)—

• (a) the “and” after paragraph (c) is omitted,

• (b) after paragraph (d) there is inserted

and (e) Special Health Boards

.

57

In section 86 (accounts of Health Boards and the Agency), subsections (1A), (1C) and (5) are omitted.

58

Section 87D (indicative amounts for doctors’ practices) is omitted.

59

In section 102 (state hospitals), for paragraph (b) of subsection (4) there is substituted—

(b) A Health Board, a Special Health Board, the Agency or an NHS trust to the extent that power to do so is delegated to the Board, Agency or trust by the Secretary of State.

60

In section 105(7) (orders, regulations and directions), for “incidental or supplemental” there is substituted “ supplementary, incidental, consequential, transitory, transitional or saving ”.

61

In section 108(1) (interpretation)—

• (a) in the appropriate place there is inserted—

“goods” includes accommodation

,

• (b) for the definition of “state hospital” there is substituted—

“state hospital” has the meaning indicated in section 102(2)

.

62

In Schedule 7A (NHS trusts)—

• (a) for any reference to a non-executive director or to non-executive directors there is substituted a reference to a trustee or, as the case may be, to trustees,

• (b) in paragraph 16(c), the words from “which purposes shall include” to the end are omitted,

• (c) in paragraph 22, in sub-paragraph (1), in paragraph (c) the words from “or is within” to the end of the paragraph, and “or Health Authority” are omitted,

• (d) paragraph 23 is omitted.

63

• (1) Schedule 7B (financial provisions relating to NHS trusts) is amended as follows.

• (2) In paragraph 6 (surplus funds)—

• (a) for “amount standing in the reserves of an NHS trust” there is substituted “ sum held by an NHS trust other than a sum held on trust under section 12G ”,

• (b) for “that amount” there is substituted “ that sum ”.

• (3) For paragraph 7 of that Schedule (investment) there is substituted—

(7) An NHS trust shall have power to invest money held by it in any investments, including investments which do not produce income, specified in directions made by the Secretary of State with the consent of the Treasury; but nothing in this paragraph applies in relation to money held on trust under section 12G.

• (4) After that paragraph there is inserted—

(8) Any direction with respect to— (a) the power conferred on an NHS trust by paragraph 1; or (b) the maximum amount which an NHS trust may invest in any investment or class of investment, may be given only with the consent of the Treasury.

64

In Schedule 8 (the Tribunal), in paragraph 8—

• (a) in sub-paragraph (2)(a), for “section 29” there is substituted “ sections 29 to 29C ”,

• (b) in sub-paragraph (2)(b), after “disqualification” there is inserted “ conditional disqualification or declaration of unfitness ”,

• (c) in sub-paragraph (2)(d), for the words from “the application” to the end there is substituted “ section 32A(3) may be made to apply or continue to apply ”.

Mental Health Act 1983 (c. 20)

65

The Mental Health Act 1983 is amended as follows.

66

In section 122(1) (provision of pocket money for in-patients in hospital), “special hospitals or other hospitals being” is omitted.

67

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

68

In section 134 (correspondence of patients)—

• (a) in subsection (1)(b), for “a special hospital” there is substituted “ one at which high security psychiatric services are provided ”,

• (b) in subsection (2), for “in a special hospital under this Act” there is substituted “ under this Act in a hospital at which high security psychiatric services are provided ”.

69

• (1) Section 145 (interpretation) is amended as follows.

• (2) In subsection (1)—

• (a) after the definition of “Health Authority” there is inserted—

“high security psychiatric services” has the same meaning as in the National Health Service Act 1977,

,

• (b) the definition of “special hospital” is omitted.

• (3) After that subsection there is inserted—

(1AA) Where high security psychiatric services and other services are provided at a hospital, the part of the hospital at which high security psychiatric services are provided and the other part shall be treated as separate hospitals for the purposes of this Act.

Mental Health (Scotland) Act 1984 (c. 36)

70

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

Hospital Complaints Procedure Act 1985 (c. 42)

71

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

Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)

72

The Health Service Joint Consultative Committees (Access to Information) Act 1986 is to cease to have effect.

Income and Corporation Taxes Act 1988 (c. 1)

73

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

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

74

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75

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76

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77

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78

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79

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80

Section 18 (indicative amounts for doctors’ practices) is omitted.

81

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82

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83

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84

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

Health Service Commissioners Act 1993 (c. 46)

85

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

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

• (3) In section 3 (general remit of Commissioners), subsection (1B) is omitted.

• (4) In section 19 (interpretation), the definitions of “allotted sum” and “recognised fund-holding practice” are omitted.

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

86

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

National Health Service (Residual Liabilities) Act 1996 (c. 15)

87

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

National Health Service (Primary Care) Act 1997 (c. 46)

88

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

National Health Service (Private Finance) Act 1997 (c. 56)

89

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

Audit Commission Act 1998 (c. 18)

90

In section 5 of the Audit Commission Act 1998 (general duties of auditors), in subsection (1)(a), for “(2B) (NHS trusts) or (2B) (fund-holding practices)” substitute “ or (2B) ”.

SCHEDULE 5

Primary Care Trusts.

Power to rectify transitional provisions etc.

Indemnity cover for Part II services.

Existing NHS trusts: conversion of initial loan.

Indemnity cover for Part II services.

Payments by local authorities to NHS bodies.

Disqualification etc. of Part II practitioners.

Disqualification etc. of Part II practitioners.

Power to rectify transitional provisions etc.

Enforcement.

Repeal of law about fund-holding practices.

Establishment orders.

Existing NHS trusts: conversion of initial loan.

Indemnity cover for Part II services.

Indemnity cover for Part II services.

English and Scottish border provisions.

Recovery of charges and payments.

Standard of proof in fitness to practise proceedings

60A

• (1) The standard of proof applicable to any proceedings to which this subsection applies is that applicable to civil proceedings.

• (2) Subsection (1) applies to any proceedings before—

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

• (b) a committee of a regulatory body, a regulatory body itself or any officer of a regulatory body,

which relate to a matter specified in subsection (2A).

• (2A) The matters are—

• (a) a person's fitness to practise a profession to which section 60(2) applies;

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

• (c) a person's suitability to remain registered as a social care worker in England (within the meaning given by section 60).

• (3) In subsection (2) “regulatory body” means the body (or main body) responsible for the regulation of a profession to which section 60(2) applies ... .

• (4) An Order in Council under section 60 may not—

• (a) amend this section, or

• (b) make any provision that is inconsistent with subsection (1).

Regulations and orders.

After Schedule 5 to the 1977 Act (Health Authorities and Special Health Authorities), there is inserted—

5A

• (1) The Secretary of State may direct a Special Health Authority to exercise—

• (a) his function of appointing the chairman and the other members referred to in paragraph 4(c), and

• (b) any functions conferred on him by regulations under paragraph 5 in relation to the appointment or tenure of office of the chairman and those other members.

• (2) The National Assembly for Wales may direct a Special Health Authority to exercise—

• (a) its function of appointing the member referred to in paragraph 4(b), and

• (b) any functions conferred on it by regulations under paragraph 5 in relation to the appointment or tenure of office of that member.

• (3) If the Secretary of State or the Assembly gives such directions, the 1977 Act has effect as if—

• (a) the directions were directions under section 16D of that Act, and, accordingly,

• (b) the functions were exercisable by the Special Health Authority under section 16D.

SCHEDULE 2A

Orders transferring staff

1

This Schedule applies where, under any arrangements under regulations under section 31, any functions of a body (“the transferor”) are to be exercised by another body (“the transferee”).

2

• (1) The Secretary of State may by order transfer to the transferee any specified description of employees of the transferor.

• (2) An order may be made under this paragraph only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred.

• (3) In sub-paragraph (2) “prescribed requirements” means requirements prescribed for the purposes of that sub-paragraph by regulations made by the Secretary of State.

3

• (1) The contract of employment of an employee transferred by an order under paragraph 2—

• (a) is not terminated by the transfer, and

• (b) has effect from the date of the transfer as if originally made between the employee and the transferee.

• (2) Without prejudice to sub-paragraph (1)—

• (a) all the rights, powers, duties and liabilities of the transferor under or in connection with the employee’s contract of employment shall by virtue of this sub-paragraph be transferred to the transferee, and

• (b) anything done before the date of the transfer by or in relation to the transferor in respect of the employee or his contract of employment shall be deemed from that date to have been done by or in relation to the transferee.

• (3) Sub-paragraphs (1) and (2) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the transferor or the transferee that he objects to the transfer.

• (4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the transferor shall be terminated immediately before the date on which the transfer would occur; but he shall not be treated, for any purpose, as having been dismissed by that body.

• (5) This paragraph is without prejudice to any right of an employee transferred by an order under paragraph 2 to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

4

• (1) An order under paragraph 2 may provide that, in the case of an employee of any specified description who is transferred by the order, paragraph 3 shall not apply in relation to—

• (a) so much of the employee’s contract of employment as relates to relevant pension provisions, or

• (b) any rights, powers, duties or liabilities under or in connection with that contract, or otherwise arising in connection with the employee’s employment, and relating to such provisions.

• (2) If an order under paragraph 2 provides as mentioned in sub-paragraph (1), the order may in relation to any such employee make such provision (if any) as the Secretary of State considers appropriate with respect to all or any of the matters mentioned in paragraphs (a) and (b) of that sub-paragraph.

• (3) The provision which may be made by virtue of sub-paragraph (2) includes provision—

• (a) for any such employee’s contract of employment with the transferee to have effect with any specified modifications;

• (b) for relevant pension provisions of any specified description to have effect in the case of any such employee with any such modifications.

• (4) In this paragraph “relevant pension provisions” means the provisions of an occupational pension scheme within the meaning of the Pension Schemes Act 1993 (c. 48), with the exception (if the order under paragraph 2 so provides) of any provisions of such a scheme falling within a description specified in the order.

5

• (1) Where an employee is to be transferred by an order under paragraph 2 but is to continue to be employed for certain purposes by the transferor, the order may provide that the contract of employment of the employee shall, on the date on which the employee is transferred, be divided so as to constitute two separate contracts of employment between the employee and the transferor and between the employee and the transferee.

• (2) Where an employee’s contract of employment is divided as provided under sub-paragraph (1)—

• (a) the order shall provide for paragraph 3 to have effect in the case of the employee and his contract of employment subject to appropriate modifications; and

• (b) paragraph 4 shall similarly apply only so far as appropriate in connection with the employee’s employment by the transferee.

The repeal of section 97(2) of the 1977 Act has effect for the financial year 1999-2000 and subsequent financial years.

Editorial notes