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Health and Social Care Act 2001

Type Public General Act
Publication 2001-05-11
Last updated 2016-04-06
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
  • “labour relations matter” means—any of the matters specified in paragraphs (a) to (g) of section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (matters which may be the subject of a collective agreement), orany dispute about a matter falling within paragraph (a) above;and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under a relevant body as they apply in relation to employees of a relevant body;
  • “office-holder”, in relation to a relevant body, means the holder of any paid office appointments to which are or may be made or confirmed by the body or by any person who holds any such office or is an employee of the body.

SCHEDULE 2

How pilot schemes may be initiated

1
  • (1) A pilot scheme may be made—
  • (a) on the initiative of a Primary Care Trust or Health Authority; or
  • (b) in response to a request made by a person wishing to participate in the scheme.
  • (2) The request referred to in sub-paragraph (1)(b) must—
  • (a) be made in writing; and
  • (b) comply with such requirements (if any) as may be prescribed by regulations.

Preliminary steps to be taken

2
  • (1) Before making a pilot scheme, the Primary Care Trust or Health Authority concerned must prepare proposals for the scheme and submit them to the relevant authority.
  • (2) But proposals may be submitted by a Primary Care Trust or Health Authority only with the agreement of the other proposed participants.
  • (3) In preparing proposals for a pilot scheme, a Primary Care Trust or Health Authority must comply with any directions given to them by the relevant authority as to—
  • (a) the matters to be dealt with, and information to be included, in the proposals; and
  • (b) the procedure to be followed by the Primary Care Trust or Health Authority.
  • (4) Before submitting proposals for a pilot scheme, a Primary Care Trust or Health Authority must (in addition to complying with any requirements about consultation imposed by or under any other enactment) comply with any directions given to them by the relevant authority about the extent to which, and manner in which, they are to consult on the proposals.
  • (5) The relevant authority may give directions—
  • (a) requiring a Primary Care Trust or Health Authority to submit proposals to the relevant authority;
  • (b) as to the matters to which a Primary Care Trust or Health Authority must have regard in making any recommendation to the relevant authority when submitting proposals for a pilot scheme;
  • (c) as to the form in which any such recommendation must be made;
  • (d) requiring Primary Care Trusts and Health Authorities to provide the relevant authority with summaries (prepared and presented in the manner specified in the directions) of all requests received by them during the period specified in the directions.
  • (6) A direction under this paragraph may be given so as to apply—
  • (a) generally in circumstances specified in the direction; or
  • (b) in relation to a particular case.

Approval

3
  • (1) If proposals for a pilot scheme are submitted under paragraph 2, the relevant authority must—
  • (a) approve them as submitted;
  • (b) make such modifications as that authority considers appropriate and approve them as modified; or
  • (c) reject them.
  • (2) The relevant authority may not approve proposals for a pilot scheme unless satisfied that they include satisfactory provision for any participant other than the Primary Care Trust or Health Authority to withdraw from the scheme if he wishes to do so.
  • (3) When the relevant authority makes a decision under this paragraph—
  • (a) the relevant authority must notify the Primary Care Trust or Health Authority concerned of the decision; and
  • (b) the Primary Care Trust or Health Authority must, without delay, notify the other participants in the proposed scheme.

Preliminary approval

4
  • (1) This paragraph applies if a Primary Care Trust or Health Authority propose to make a pilot scheme but have not determined who the participants, or who all of the participants, will be.
  • (2) The Primary Care Trust or Health Authority may apply to the relevant authority for preliminary approval to be given to their proposals.
  • (3) If such an application is made, the relevant authority must—
  • (a) give preliminary approval to the proposals as submitted;
  • (b) make such modifications as the relevant authority considers appropriate and give preliminary approval to them as modified; or
  • (c) reject them.
  • (4) If a Primary Care Trust or Health Authority are given preliminary approval, they must take such steps, with a view to obtaining final approval for the proposed pilot scheme, as the relevant authority may direct.
  • (5) The fact that the relevant authority has given preliminary approval to proposals for a pilot scheme does not affect that authority’s right to refuse to approve the completed proposals when they are submitted under paragraph 2.
  • (6) Sub-paragraphs (3) to (6) of paragraph 2 apply in relation to an application for preliminary approval of proposals under this paragraph as they apply in relation to proposals under that paragraph.

Effect of proposals on existing services

5
  • (1) Proposals for a pilot scheme submitted under paragraph 2, or included in an application for preliminary approval of proposals under paragraph 4, must include—
  • (a) an assessment by the Primary Care Trust or Health Authority of the likely effect of the implementation of the proposals in the area of the Primary Care Trust or Health Authority on the services mentioned in sub-paragraph (2);
  • (b) any assessment supplied to the Primary Care Trust or Health Authority by another Primary Care Trust or Health Authority under sub-paragraph (4).
  • (2) The services are—
  • (a) pharmaceutical services (within the meaning of section 41 of the 1977 Act);
  • (b) local pharmaceutical services provided under existing pilot schemes or LPS schemes (within the meaning of Schedule 8A to the 1977 Act);
  • (c) primary medical services provided under Part 1 of the 1977 Act.
  • (3) If it appears to a Primary Care Trust or Health Authority that the proposals would, if implemented, affect any of the services mentioned in sub-paragraph (2) provided in the area of another Primary Care Trust or Health Authority, they must consult that other Primary Care Trust or Health Authority about the proposals before submitting them under paragraph 2 or including them in an application for preliminary approval under paragraph 4.
  • (4) A Primary Care Trust or Health Authority consulted under sub-paragraph (3) must prepare an assessment of the likely effect of the implementation of the proposals on those services and supply it to the Primary Care Trust or Health Authority which consulted them.

Guidance

6

The relevant authority may issue guidance about the criteria by reference to which, as a general rule, powers under paragraph 3 or 4 are likely to be exercised.

Making a scheme

7
  • (1) If the relevant authority approves proposals for a pilot scheme under paragraph 3 and notifies the Primary Care Trust or Health Authority concerned in accordance with that paragraph, the Primary Care Trust or Health Authority must implement the proposals in accordance with directions given by the relevant authority.
  • (2) A proposed participant in a pilot scheme (other than the Primary Care Trust or Health Authority concerned) may withdraw at any time before the proposals relating to him are implemented.
  • (3) A pilot scheme, as implemented, may differ from the proposals for the scheme approved by the relevant authority only if that authority agrees to the variation or—
  • (a) directions given by that authority (either under sub-paragraph (1) or generally) authorise variations that satisfy specified requirements; and
  • (b) the variation satisfies those requirements.
  • (4) As soon as is reasonably practicable after implementing proposals for a pilot scheme, the Primary Care Trust or Health Authority concerned must (in accordance with any directions given to them by the relevant authority) publish details of the scheme.

SCHEDULE 3

The following is the Schedule inserted in the 1977 Act.

SCHEDULE 4

The following is the Schedule inserted in the Health Act 1999.

SCHEDULE 5

Part 1 — National Health Service

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

1
  • (1) The Health Services and Public Health Act 1968 shall be amended as follows.
  • (2) In section 59 (extension of power of user by Crown of patented invention to user for certain health services)—
  • (a) in subsection (1), after “pharmaceutical services,” insert “ local pharmaceutical services, ”; and
  • (b) after section 59(2A) insert—

(2B) In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under— (a) a pilot scheme established under section 28 of the Health and Social Care Act 2001; (b) an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49); or (c) any corresponding provision of the law in force in the Isle of Man.

  • (3) In section 63 (provision of instruction for certain persons employed in health or welfare activities), after subsection (2)(ba) insert—

(bb) the provision of a local pharmaceutical service under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established under Schedule 8A to the 1977 Act or under any corresponding provision of the law in force in the Isle of Man and an activity involved in or connected with the provision of such a service;

.

House of Commons Disqualification Act 1975 (c. 24)

2

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (which lists bodies of which all members are disqualified for membership of the House of Commons), for the entry relating to a Medical Practices Committee substitute—

The Medical Practices Committee constituted under section 3 of the National Health Service (Scotland) Act 1978.

3

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

Patents Act 1977 (c. 37)

4

In section 56 of the Patents Act 1977 (interpretation, etc. of provisions about Crown use), after subsection (4)(a)(ii) insert

, or (iii) local pharmaceutical services provided under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49), or under any corresponding provision of the law in force in the Isle of Man

.

National Health Service Act 1977 (c. 49)

5

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

Mental Health Act 1983 (c. 20)

6
  • (1) Section 134 of the Mental Health Act 1983 (correspondence of patients) shall be amended as follows.
  • (2) In subsection (3), after paragraph (e) insert—

(ea) a provider of a patient advocacy and liaison service for the assistance of patients at the hospital and their families and carers; (eb) a provider of independent advocacy services for the patient;

.

  • (3) After subsection (3) insert—

(3A) In subsection (3) above— (a) “patient advocacy and liaison service” means a service of a description prescribed by regulations made by the Secretary of State, and (b) “independent advocacy services” means services provided under arrangements under section 19A of the National Health Service Act 1977.

7

In section 240 of the Copyright, Designs and Patents Act 1988 (Crown use of designs), after subsection (4)(b) insert

or (c) local pharmaceutical services provided under— (i) a pilot scheme established under section 28 of the Health and Social Care Act 2001; or (ii) an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49).

National Health Service and Community Care Act 1990 (c. 48)

8

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

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

9

In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), after paragraph (b) insert “ or as a person providing local pharmaceutical services under a pilot scheme established by a Primary Care Trust or Health Authority under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established by a Primary Care Trust or Health Authority under Schedule 8A to the National Health Service Act 1977 (c. 49) ; ”.

Tribunals and Inquiries Act 1992 (c. 53)

10

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

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

11

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

Health Act 1999 (c. 8)

12

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

Local Government Act 2000 (c. 22)

13

In section 32 of the Local Government Act 2000 (alternative arrangements), in subsection (3), after “Schedule 1” insert “ , any provision made under section 7 of the Health and Social Care Act 2001 or any provisions of section 9 of, and Schedule 1 to, that Act ”.

Freedom of Information Act 2000 (c. 36)

14
  • (1) In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act) after paragraph 45 insert—

(45A) Any person providing local pharmaceutical services under— (a) a pilot scheme established under section 28 of the Health and Social Care Act 2001; or (b) an LPS scheme established under Schedule 8A to the National Health Service Act 1977 (c. 49), in respect of information relating to the provision of those services.

Part 2 — Social Care

Local Authority Social Services Act 1970 (c. 42)

15
  • (1) The Local Authority Social Services Act 1970 shall be amended as follows.
  • (2) In section 7B(2) (complaints procedure), for the words from “or if he is in receipt of payment” onwards there shall be substituted “ or if he is in receipt of direct payments within the meaning of section 57 of the Health and Social Care Act 2001. ”
  • (3) In Schedule 1 (functions referred to social services committee of local authority), at the end insert—
Health and Social Care Act 2001
Part 4 in so far as it confers functions on a local authority in England or Wales within the meaning of that Part. Functions in relation to the provision of residential accommodation.
Making of direct payments to person in respect of his securing provision of community care services or services to carers.

Carers and Disabled Children Act 2000 (c. 16)

16

In section 7 of the Carers and Disabled Children Act 2000 (direct payments and vouchers), at the end of subsection (2) insert “ so far as relating to the inserted section 17B of that Act. ”

PART 3 — Patient Information

House of Commons Disqualification Act 1975 (c. 24)

17

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

Freedom of Information Act 2000 (c. 36)

18

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

SCHEDULE 6

Part 1 — National Health Service

Part 2 — Pharmaceutical Services

Part 3 — Social Care

Joint overview and scrutiny committees etc.

Payments relating to past performance

Supplementary payments to NHS trusts and Primary Care Trusts

Public-private partnerships

Terms and conditions of employment by health service bodies

Functions of overview and scrutiny committees

Joint overview and scrutiny committees etc.

Overview and scrutiny committees: exempt information

Application to the City of London

Abolition of Medical Practices Committee

Vacancies for medical practitioners

Remuneration of general medical practitioners

Cross-border placements

Control of patient information

House of Commons Disqualification Act 1975 (c. 24)

The Family Health Services Appeal Authority

The Family Health Services Appeal Authority

Dispensing of NHS prescriptions and provision of pharmaceutical services

Corresponding provision and application of enactments

Remote provision of pharmaceutical, etc. services

Remote provision of pharmaceutical, etc. services

Dispensing of NHS prescriptions

Care Trusts

Cross-border placements

Control of patient information

Interpretation of Part 4

Direct payments

Interpretation of Part 4

Patient Information Advisory Group

National Health Service Act 1977 (c. 49)

Preliminary steps to be taken

The following is the Schedule inserted in the 1977 Act.

The following is the Schedule inserted in the Health Act 1999.

National Health Service Act 1977 (c. 49)

Patents Act 1977 (c. 37)

National Health Service Act 1977 (c. 49)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 46)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 46)

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

Health Act 1999 (c. 8)

Local Government Act 2000 (c. 22)

Local Authority Social Services Act 1970 (c. 42)

Carers and Disabled Children Act 2000 (c. 16)

Freedom of Information Act 2000 (c. 36)

Editorial notes

1

Act: power to exclude or modify conferred (1.8.2001 for E. and otherwise prosp.) by 1977 c. 49, s. 84B(7)(8) (as inserted by 2001 c. 15, ss. 13(1), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/2804, art. 2(1)(a) (subject to art. 2(2))

2

S. 5 wholly in force at 12.9.2002; s. 5 not in force at Royal Assent, see s. 70(2); s. 5 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1; s. 5 in force for E. at 12.9.2002 by S.I. 2002/2363, art. 3

3

S. 7 partly in force; s. 7 in force for certain purposes at 11.5.2001, see s. 70(2)

4

S. 22 wholly in force at. 1.7.2002; s. 22 not in force at Royal Assent see s. 70(2); s. 22 in force for E. at 22.11.2001 by S.I. 2001/3738, arts. 1(3), 2(1), Sch. 1 Pt. I; s. 22 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

5

S. 26 partly in force; s. 26 not in force at Royal Assent, see s. 70(2); s. 26(2) in force for E. at 31.5.2002 by S.I. 2002/1095, art. 2(7) (with transitional provisions in arts. 3, 4) (as amended (26.3.2002) by S.I. 2002/1170, art. 3); s. 26 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

15

S. 39 wholly in force at 1.7.2002; s. 39 not in force at Royal Assent, see s. 70(2); s. 39 in force for E. at 8.3.2002 by S.I. 2002/1095, art. 2(4) (with transitional provisions in arts. 3, 4) (as amended (26.3.2002) by S.I. 2002/1170, art. 3); s. 39 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

16

S. 44 not in force at Royal Assent, see s. 70(2); s. 44 in force for S. at 1.4.2002 by S.S.I. 2002/75, art. 2

17

S. 50 partly in force; s. 50 in force for certain purposes at 11.5.2001, see s. 70(2); s. 50(1) in force at 8.4.2002 by S.I. 2001/3752, art. 2(1); s. 50(2)-(7)(10) in force for E. and s. 50(8) in force for E. in so far as not already in force at 20.12.2001 by S.I. 2001/3752, art. 2(2); s. 50(2)-(10) in force for W. at 19.12.2001 by S.I. 2001/3807, art. 3; s. 50(2)-(10) in force for S. at 1.4.2002 by S.S.I. 2002/75, art. 2

18

S. 50(3)-(7) excluded (E.) (19.12.2001) by S.I. 2001/3776, regs. 1(3), 2(1) S. 50(3)-(7) excluded (S.) (8.4.2002) by The Preserved Rights (Transfer to Responsible Authorities) (Scotland) Regulations 2002 (S.S.I. 2002/76), reg. 2

19

S. 50(7) modified (W.) (19.12.2001) by S.I. 2001/3985, regs. 1(3), 3(2)

20

S. 50(8) restricted (W.) (19.12.2001) by S.I. 2001/3985, regs. 1(3), 2(1)

21

S. 53 partly in force; s. 53 not in force at Royal Assent see s. 70(2); s. 53 in force for E. at 1.10.2001 by S.I. 2001/3167, arts. 1(3), 2, Sch.

22

S. 55 partly in force; s. 55 in force for certain purposes at 11.5.2001, see s. 70(2); s. 55(1)-(6)(8) in force for E. for certain purposes at 1.10.2001 by S.I. 2001/3167, arts. 1(3), 2, Sch.

23

S. 57 partly in force; s. 57 in force for certain purposes at 11.5.2001, see s. 70(2)

24

S. 62 partly in force; s. 62 not in force at Royal Assent, see s. 70(2); s. 62 in force for E. and S. at 15.4.2002 by S.I. 2002/1312, art. 2

25

S. 63 wholly in force at 1.4.2002; s. 63 not in force at Royal Assent, see s. 70(2); s. 63 in force for certain purposes at 6.3.2002 and wholly in force at 1.4.2002 by S.I. 2002/1095, art. 2(1) (with transitional provisions in arts. 3, 4) (as amended (26.3.2002) by S.I. 2002/1170, art. 3)

26

S. 64(6)(8) power partly exercised: 1.10.2001 and 1.12.2001 appointed for specified provisions by S.I. 2001/3294, arts. 1(3), 2-4, Sch. S. 64(6)(8) power partly exercised: different dates appointed for E. for specified provisions by S.I. 2001/3738, arts. 1(3), 2, Schs. 1, 2

27

S. 64(6) power partly exercised: 22.10.2001 appointed for specified provisions by S.I. 2001/3619, arts. 1(3), 2, 3 S. 64(6) power partly exercised: different dates appointed for specified provisions by S.I. 2001/3752, arts. 1, 2, 3 S. 64(6) power partly exercised: 3.12.2001 and 19.12.2001 appointed for W. for specified provisions by S.I. 2001/3807, arts. 1(3), 2, 3 S. 64(6) power partly exercised: 19.12.2001 appointed for E. for specified provisions by S.I. 2001/4149, arts. 1(3), 2

28

S. 67 partly in force; s. 67 not in force at Royal Assent, see s. 70(2); s. 67(1) in force for E. for certain purposes at 1.10.2001 and 1.12.2001 by S.I. 2001/3294, art. 4(1), Sch. (subject to art. 4(2)); s. 67(1) in force for E. for certain purposes at 22.10.2001 by S.I. 2001/3619, art. 3; s. 67 in force for E. for certain purposes at 22.11.2001 and 14.12.2001 by S.I. 2001/3738, art. 2(2)-(4), Sch. 1 Pts. II, III, Sch. 2 (subject to art. 2(5)(6)); s. 67 in force for certain purposes at 1.4.2002 by S.I. 2002/1095, art. 2(3), Sch. (with transitional provisions in arts. 3, 4) (as amended (26.3.2002) by S.I. 2002/1170, art. 3); s. 67(2) in force for certain purposes at 15.4.2002 by S.I. 2002/1312, art. 3; s. 67 in force for W. for certain purposes at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1; s. 67 in force for W. for certain purposes at 26.8.2002 by S.I. 2002/1919, art. 2(1), Sch. Pt. I (subject to art. 2(2)(3)); s. 67(1) in force for W. for certain purposes at 26.8.2002 by S.I. 2002/1919, art. 3(1), Sch. Pt. II (subject to art. 3(2), Sch. Pt. III)

29

S. 70(2) power partly exercised: 1.8.2001 appointed for E. for specified provisions by S.I. 2001/2804, arts. 1(3), 2 S. 70(2) power partly exercised: 1.10.2001 appointed for E. for specified provisions by S.I. 2001/3167, arts. 1(3), 2, Sch. S. 70(2) power partly exercised: 1.10.2001 and 1.12.2001 appointed for E. for specified provisions by S.I. 2001/3294, arts. 1(3), 2-4, Sch. S. 70(2) power partly exercised: 22.10.2001 appointed for E. for specified provisions by S.I. 2001/3619, arts. 1(3), 2, 3 S. 70(2) power partly exercised: different dates appointed for E. for specified provisions by S.I. 2001/3738, arts. 1(3), 2, Schs. 1, 2 S. 70(2) power partly exercised: different dates appointed for specified provisions by S.I. 2001/3752, arts. 1, 2, 3 S. 70(2) power partly exercised: 3.12.2001 and 19.12.2001 appointed for W. for specified provisions by S.I. 2001/3807, arts. 1(3), 2, 3 S. 70(2) power partly exercised: 19.12.2001 appointed for E. for specified provisions by S.I. 2001/4149, arts. 1(3), 2 S. 70(2) power partly exercised: 1.4.2002 appointed for S. for specified provisions by {S.S.I. 2002/75}, art. 2 S. 70(2) power partly exercised: different dates appointed for specified provisions by {S.I. 2002/1095}, art. 2 (with arts. 3, 4) (as amended by {SI 2002/1170}, arts. 2, 3) S. 70(2) power partly exercised: 15.4.2002 appointed for specified provisions by {S.I. 2002/1312}, arts. 2, 3 S. 70(2) power partly exercised: different dates appointed for W. for specified provisions by {S.I. 2002/1475}, art. 2, Sch. S. 70(2) power partly exercised: 26.8.2002 appointed for W. for specified provisions by {S.I. 2002/1919}, arts. 2, 3, Sch. Pts. I-III S. 70(2) power partly exercised: different dates appointed for E. for specified provisions by {S.I. 2002/2363}, arts. 2, 3

30

Sch. 5 para. 1 partly in force; Sch. 5 para. 1 not in force at Royal Assent see s. 70(2); Sch. 5 para. 1 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

31

Sch. 5 para. 2 wholly in force at 1.7.2002; Sch. 5 para. 2 not in force at Royal Assent, see s. 70(2); Sch. 5 para. 2 in force for E. at 1.4.2002 by S.I. 2002/1095, art. 2(3), Sch. (with transitional provisions in arts. 3, 4) (as amended (26.3.2002) by S.I. 2002/1170, art. 3); Sch. 5 para. 2 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

32

Sch. 5 para. 4 partly in force; Sch. 5 para. 4 not in force at Royal Assent see s. 70(2); Sch. 5 para. 4 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

33

Sch. 5 para. 6 partly in force; Sch. 5 para. 6 not in force at Royal Assent see s. 70(2); Sch. 5 para. 6(1)(2)(3) in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

34

Sch. 5 para. 7 partly in force; Sch. 5 para. 7 not in force at Royal Assent see s. 70(2); Sch. 5 para. 7 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

35

Sch. 5 para. 9 partly in force; Sch. 5 para. 9 not in force at Royal Assent see s. 70(2); Sch. 5 para. 9 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

37

Sch. 5 para. 14 partly in force; Sch. 5 para. 14 not in force at Royal Assent see s. 70(2); Sch. 5 para. 14 in force for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

38

Sch. 5 para. 15 partly in force; Sch. 5 para. 15 not in force at Royal Assent see s. 70(2); Sch. 5 para. 15(1)(3) in force for E. for certain purposes at 22.10.2001 by S.I. 2001/3619, arts. 1(3), 3(1)

39

Sch. 6 Pt. 1 partly in force; Sch. 6 Pt. 1 not in force at Royal Assent, see s. 70(2); Sch. 6 Pt. 1 in force for E. for certain purposes at 14.12.2001 by S.I. 2001/3738, art. 2(3)(4), Sch. 1 Pt. III, Sch. 2 (subject to art. 2(5)(6)); Sch. 6 Pt. 1 in force for certain purposes at 1.4.2002 by S.I. 2002/1095, art. 2(3), Sch. (with transitional provisions in arts. 3, 4) (as amended (26.3.2002) by S.I. 2002/1170, art. 3); Sch. 6 Pt. 1 in force for W. for certain purposes at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1; Sch. 6 Pt. 1 in force for W. for certain purposes at 26.8.2002 by S.I. 2002/1919, art. 2(1), Sch. Pt. I (subject to art. 2(2)(3))

40

Sch. 6 Pt. 2 partly in force; Sch. 6 Pt. 2 not in force at Royal Assent, see s. 70(2); Sch. 6 Pt. 2 in force for certain purposes for W. at 1.7.2002 by S.I. 2002/1475, art. 2(1), Sch. Pt. 1

41

Sch. 6 Pt. 3 partly in force; Sch. 6 Pt. 3 not in force at Royal Assent, see s. 70(2); Sch. 6 Pt. 3 in force for certain purposes at 15.4.2002 by S.I. 2002/1312, art. 3

42

Sch. 5 para. 1 in force at 1.1.2003 for E. by S.I. 2003/53, art. 2(a)

43

Sch. 5 para. 4 in force at 1.1.2003 for E. by S.I. 2003/53, art. 2(a)

44

Sch. 5 para. 7 in force at 1.1.2003 for E. by S.I. 2003/53, art. 2(a)

45

Sch. 5 para. 9 in force at 1.1.2003 for E. by S.I. 2003/53, art. 2(a)

46

Sch. 5 para. 14 in force at 1.1.2003 for E. by S.I. 2003/53, art. 2(a)

47

S. 67(1) in force at 1.1.2003 for specified purposes for E. by S.I. 2003/53, art. 2(b)

48

S. 7 in force at 1.1.2003 for E. by S.I. 2003/53, art. 3(a)

49

Sch. 5 para. 13 in force at 1.1.2003 for E. by S.I. 2003/53, art. 3(c)

50

S. 67(1) in force at 1.1.2003 for specified purposes for E. by S.I. 2003/53, art. 3(c)

51

S. 67(2) in force at 1.2.2003 for specified purposes for E. by S.I. 2003/53, art. 4(c)

52

Sch. 6 in force at 1.2.2003 for specified purposes for E. by S.I. 2003/53, art. 4(c)

53

S. 67(1) in force at 1.2.2003 for specified purposes for E. by S.I. 2003/53, art. 4(d)

54

Act extended in part (Isles of Scilly) (with modifications) (8.2.2003) by The Health and Social Care Act 2001 (Isles of Scilly) Order 2003 (S.I. 2003/49), art. 2

55

S. 57 in force at 16.3.2003 for E. in so far as not already in force by S.I. 2003/850, art. 3(1)(a)

56

Act power to exclude or apply (with modifications) conferred by 1977 c. 49, s. 84B(7)(8) (as inserted (17.3.2003 for W. in so far as not already in force) by Health and Social Care Act 2001 (c. 15), ss. 13(1), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/713, art. 2)

57

S. 53 in force at 1.4.2003 for W. by S.I. 2003/939, art. 2, Sch. 1

58

S. 55 in force at 1.4.2003 for W. by S.I. 2003/939, art. 2, Sch. 1

59

Act extended in part (Isles of Scilly) (with modifications) (8.4.2003) by The Health and Social Care Act 2001 (Isles of Scilly) (No. 2) Order 2003 (S.I. 2003/761), art. 2(2)(a)

60

Sch. 5 para. 6 in force at 1.9.2003 for E. by S.I. 2003/2245, art. 2(b)

61

S. 67(1) in force at 1.9.2003 for specified purposes for E. by S.I. 2003/2245, art. 2(b)

62

S. 15 repealed (1.4.2004) by 2003 c. 43, s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(r) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(r) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)

65

Sch. 5 para. 15(1)(2) in force at 8.4.2004 for E. by S.I. 2003/850, art. 3(2)(b)

66

S. 67(1) in force at 8.4.2004 for specified purposes for E. by S.I. 2003/850, art. 3(2)(b)

67

Sch. 5 para. 15(1)(3) in force at 8.4.2004 for specified purposes for E. by S.I. 2003/850, art. 3(2)(c)

68

S. 67(1) in force at 8.4.2004 for specified purposes for E. by S.I. 2003/850, art. 3(2)(c)

69

S. 67(2) in force at 8.4.2004 for specified purposes for E. by S.I. 2003/850, art. 3(2)(d)

70

Sch. 6 Pt. 3 in force at 8.4.2004 for specified purposes for E. by S.I. 2003/850, art. 3(2)(d)

71

Act extended in part (Isles of Scilly) (with modifications) (21.6.2004) by The Health and Social Care Act 2001 (Isles of Scilly) Order 2004 (S.I. 2004/1425), art. 2

72

S. 58 in force at 16.3.2003 for specified purposes for E. by S.I. 2003/850, art. 3(1)(b)

73

S. 58 in force at 8.4.2004 for E. in so far as not already in force by S.I. 2003/850, art. 3(2)(a)

74

S. 58 in force at 8.7.2004 for specified purposes for W. by S.I. 2004/1754, art. 2(1)

75

S. 58 in force at 1.11.2004 for W. in so far as not already in force by S.I. 2004/1754, art. 2(2)(c)

80

S. 57(3)-(5)(7) applied (with modifications) by 1989 c. 41, s. 17A(3) (as substituted (16.3.2003 for E. for specified purposes, 8.4.2004 for E. in so far as not already in force, 8.7.2004 for W. for specified purposes, 1.11.2004 for W. in so far as not already in force) by Health and Social Care Act 2001 (c. 15), ss. 58, 70(2) (with ss. 64(9), 65(4)); S.I. 2003/850, art. 3(1)(b)(2)(a); S.I. 2004/1754, art. 2(1)(2)(c))

81

S. 57 in force at 1.11.2004 for W. in so far as not already in force by S.I. 2004/1754, art. 2(2)(b)

82

S. 67(1) in force at 1.11.2004 for specified purposes for W. by S.I. 2004/1754, art. 2(2)(d)

83

Sch. 5 para. 15(1) in force at 1.11.2004 for specified purposes for W. by S.I. 2004/1754, art. 2(2)(d)

84

Sch. 5 para. 15(2) in force at 1.11.2004 for W. by S.I. 2004/1754, art. 2(2)(d)(i)

85

Sch. 5 para. 15(3) in force at 1.11.2004 for specified purposes for W. by S.I. 2004/1754, art. 2(2)(d)(ii)

86

S. 67(2) in force at 1.11.2004 for specified purposes for W. by S.I. 2004/1754, art. 2(2)(e)

87

Sch. 6 Pt. 3 in force at 1.11.2004 for specified purposes for W. by S.I. 2004/1754, art. 2(2)(e)

88

S. 67(1) in force at 1.4.2006 for specified purposes for E. by S.I. 2006/481, art. 2(2)(c)

89

S. 67(2) in force at 1.4.2006 for specified purposes for E. by S.I. 2006/481, art. 3

90

Sch. 6 Pt. 2 in force at 1.4.2006 for E. by S.I. 2006/481, art. 3

96

S. 7 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 para. 8 (with art. 4)

97

Sch. 6 Pt. 1 in force at 1.3.2007 for specified purposes, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407, art. 1(1), Sch. 1 para. 8 (with art. 4)

103

Ss. 40-43 repealed (coming into force in accordance with s. 8(4)-(6) of the amending Act) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

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