National Health Service Reform and Health Care Professions Act 2002

Part 1 — National Health Service, etc

NHS bodies and their functions: England

Dentists

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The Data Protection Act 1998 (c. 29)

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

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

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

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

• (5) Schedule 2 (which contains amendments of the 1977 Act and of other enactments to reallocate functions of Health Authorities to Primary Care Trusts and to make certain connected amendments) is to have effect.

Directions: distribution of functions

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Personal medical services, personal dental services and local pharmaceutical services

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

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

• (3) Schedule 3 (which contains amendments of the National Health Service (Primary Care) Act 1997 and of other enactments related to the provisions of this section and sections 1 to 3) is to have effect.

Local Representative Committees

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NHS bodies and their functions: Wales

Local Health Boards

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Financial arrangements: England and Wales

Funding of Strategic Health Authorities and Health Authorities

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Funding of Primary Care Trusts

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Funding of Local Health Boards

9

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Expenditure of NHS bodies

10

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Quality

Duty of quality

11

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Further functions of the Commission for Health Improvement

12

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Commission for Health Improvement: inspections and investigations

13

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Commission for Health Improvement: constitution

14

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Patient and public involvement

Establishment of Patients' Forums

15

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Additional functions of PCT Patients' Forums

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Entry and inspection of premises

17

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Annual reports

18

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Supplementary

19

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

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

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

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

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

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

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

The Commission for Patient and Public Involvement in Health

20

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Overview and scrutiny committees

21

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Abolition of Community Health Councils in England

22

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

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

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

• (4) The National Assembly for Wales has as respects Wales the same power under that paragraph as it would have if no such body had been established.

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

• (a) as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,

• (b) as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.

• (6) The following fall within this subsection—

• (a) the Secretary of State,

• (b) a Strategic Health Authority ,

• (c) a Special Health Authority,

• (d) an NHS trust,

• (e) a Primary Care Trust.

• (7) Before exercising the power conferred by subsection (5)(b) the Secretary of State must consult the National Assembly for Wales.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint working

Joint working with the prison service

23

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Health and well-being strategies in Wales

24

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Part 2 — Health and Social Care Professions etc.

The Professional Standards Authority for Health and Social Care

The Council for the Regulation of Health Care Professionals

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• (1) There shall be a body corporate known as the Professional Standards Authority for Health and Social Care (in this group of sections referred to as “the Authority”).

• (2) The general functions of the Authority are—

• (a) to promote the interests of users of health care, users of social care in England, users of social work services in England and other members of the public in relation to the performance of their functions by the bodies mentioned in subsection (3) (in this group of sections referred to as “regulatory bodies”), and by their committees and officers,

• (b) to promote best practice in the performance of those functions,

• (c) to formulate principles relating to good professional self-regulation, and to encourage regulatory bodies to conform to them, and

• (d) to promote co-operation between regulatory bodies; and between them, or any of them, and other bodies performing corresponding functions.

• (2A) The over-arching objective of the Authority in exercising its functions under subsection (2)(b) to (d) is the protection of the public.

• (2B) The pursuit by the Authority of its over-arching objective involves the pursuit of the following objectives—

• (a) to protect, promote and maintain the health, safety and well-being of the public;

• (b) to promote and maintain public confidence in the professions regulated by the regulatory bodies;

• (c) to promote and maintain proper professional standards and conduct for members of those professions;

• (d) to promote and maintain proper standards in relation to the carrying on of retail pharmacy businesses at registered pharmacies (as defined in article 3(1) of the Pharmacy Order 2010 (S.I. 2010/231)); and

• (e) to promote and maintain proper standards and conduct for business registrants (as defined in section 36(1) of the Opticians Act 1989).

• (3) The bodies referred to in subsection (2)(a) are—

• (a) the General Medical Council,

• (b) the General Dental Council,

• (c) the General Optical Council,

• (d) the General Osteopathic Council,

• (e) the General Chiropractic Council,

• (f) the General Pharmaceutical Council,

• (g) subject to section 26(6), the Pharmaceutical Society of Northern Ireland,

• (ga) the Nursing and Midwifery Council,

• (gb) the Health and Care Professions Council,

• (gc) Social Work England and,

• (j) any other regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act.

• (3A) A reference in an enactment to a body mentioned in subsection (3) is not (unless there is express provision to the contrary) to be read as including—

• (a) a reference to Social Work England, or

• (b) a reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to social care workers in England.

• (3B) For the purposes of subsection (3A)—

• “enactment” means an enactment contained in—an Act, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales (whether passed before or after the commencement of this subsection), orsubordinate legislation (within the meaning of the Interpretation Act 1978), an instrument made under an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation (whether made before or after that commencement), and

• “social care workers in England” has the meaning given in section 60 of the 1999 Act.

• (4) Schedule 7 (which makes further provision about the Authority) is to have effect.

• (5) “This group of sections” means this section and sections 25A to 29, and includes Schedule 7.

• (6) In this group of sections, references to regulation, in relation to a profession, are to be construed in accordance with paragraph 11(2) ... of Schedule 3 to the 1999 Act.

Powers and duties of the Council: general

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• (1) Except as mentioned in subsections (3) to (6), the Authority may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

• (2) The Authority may, for example, do any of the following—

• (a) investigate, and report on, the performance by each regulatory body of its functions,

• (b) where a regulatory body performs functions corresponding to those of another body (including another regulatory body), investigate and report on how the performance of such functions by the bodies in question compares,

• (c) recommend to a regulatory body changes to the way in which it performs any of its functions.

• (2A) A reference in subsection (2) to a regulatory body includes a reference to a person other than a regulatory body who has voluntary registration functions; and for that purpose, the only functions that person has are the person's voluntary registration functions.

• (3) The Authority may not do anything in relation to the case of any individual in relation to whom—

• (a) there are, are to be, or have been proceedings before a committee of a regulatory body, or the regulatory body itself or any officer of the body, or

• (b) an allegation has been made to the regulatory body, or one of its committees or officers, which could result in such proceedings.

• (3A) A reference in subsection (3) to a regulatory body includes a reference to a person other than a regulatory body in so far as that person has voluntary registration functions.

• (4) Subsection (3) does not prevent the Authority from—

• (a) taking action under section 28,

• (b) where section 29 applies, taking action under that section after the regulatory body's proceedings have ended, ...

• (c) investigating particular cases with a view to making general reports on the performance by the regulatory body of its functions or making general recommendations to the regulatory body affecting future cases , or

• (d) requesting that the General Medical Council exercises the power conferred by article 15(1) of the Anaesthesia Associates and Physician Associates Order 2024 so as to revise a decision of a case examiner to take any step under article 10(3) of that Order other than a decision to refer a matter on to a Panel.

• (4A) For the purposes of paragraph (c) of subsection (4), the reference in that subsection to subsection (3) includes a reference to subsection (3) as construed in accordance with subsection (3A).

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

• (6) The Authority may not do anything in relation to the functions of the Pharmaceutical Society of Northern Ireland (or its Council, or an officer or committee of the Society) unless those functions are—

• (a) conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)), other than Article 3(3)(e) (the benevolent functions),

• (b) conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act or an order under section 56 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (which makes provision corresponding to section 60 of the 1999 Act), or

• (c) otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.

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

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In section 60(1) of the 1999 Act (regulation of health care and associated professions), after paragraph (b) there is inserted—

(c) modifying the functions, powers or duties of the Council for the Regulation of Health Care Professionals, (d) modifying the list of regulatory bodies (in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002) in relation to which that Council performs its functions, (e) modifying, as respects any such regulatory body, the range of functions of that body in relation to which the Council performs its functions.

• (10) In Schedule 3 to the 1999 Act (which makes further provision about orders under section 60 of that Act), in paragraph 7, after sub-paragraph (3) there is inserted—

(4) An Order may not confer any additional powers of direction over the Council for the Regulation of Health Care Professionals.

• (11) In subsections (3) and (4), “proceedings”, in relation to a regulatory body, or one of its committees or officers, includes a process of decision-making by which a decision could be made affecting the registration of the individual in question.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) In this section, “voluntary registration functions” is to be construed in accordance with section 25I.

Regulatory bodies and the Council

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• (1) Each regulatory body must in the exercise of its functions co-operate with the Authority.

• (2) If the Authority considers that it would be desirable to do so for the protection of members of the public, it may give directions requiring a regulatory body other than Social Work England to make rules (under any power the body has to do so) to achieve an effect which must be specified in the directions.

• (3) The Authority may give such directions only in relation to rules which must be approved by the Privy Council (whether by order or not) or by the Department of Health, Social Services and Public Safety in Northern Ireland before coming into force.

• (4) The Authority must send a copy of any such directions to the relevant authority.

• (5) The relevant authority is the Privy Council or, if the regulatory body in question is the Pharmaceutical Society of Northern Ireland, the Department of Health, Social Services and Public Safety there.

• (6) The directions do not come into force until the date specified in an order made by the relevant authority.

• (7) The Privy Council must lay before both Houses of Parliament, or (as the case may be) the Department of Health, Social Services and Public Safety must lay before the Northern Ireland Assembly, a draft of an order—

• (a) setting out any directions ... it receives pursuant to subsection (4), and

• (b) specifying the date on which the directions are to come into force.

• (8) Subsections (4) to (7) apply also to—

• (a) directions varying earlier directions, and

• (b) directions revoking earlier directions, and given after—

• (i) both Houses of Parliament have resolved to approve the draft order specifying the date on which the earlier directions are to come into force, or (as the case may be)

• (ii) the Northern Ireland Assembly has done so.

• (9) Subsections (4) and (5) apply also to directions—

• (a) revoking earlier directions, but

• (b) which do not fall within subsection (8)(b),

but subsections (6) and (7) do not apply to such directions.

• (10) If the Authority gives directions which fall within subsection (9), the earlier directions which those directions revoke shall be treated as if subsections (6) and (7) had never applied to them, and as never in force.

• (11) A regulatory body must comply with directions given under subsection (2) which have come into force and have not been revoked.

• (12) A regulatory body is not to be taken to have failed to comply with such directions merely because a court determines that the rules made pursuant to the directions are to be construed in such a way that the effect referred to in subsection (2) is not achieved.

• (13) The Privy Council shall make provision in regulations as to the procedure to be followed in relation to the giving of directions under subsection (2).

• (14) The regulations must, in particular, make provision requiring the Authority to consult a regulatory body before giving directions relating to it under subsection (2).

• (15) In this section—

• (a) “making” rules includes amending or revoking rules, and

• (b) “rules” includes regulations, byelaws and schemes.

Complaints about regulatory bodies

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• (1) The Privy Council may make provision in regulations about the investigation by the Authority of complaints made to it about the way in which a regulatory body other than Social Work England has exercised any of its functions.

• (2) The regulations may, in particular, make provision as to—

• (a) who (or what description of person) is entitled to complain,

• (b) the nature of complaints which the Authority must (or need not) investigate,

• (c) matters which are excluded from investigation,

• (d) requirements to be complied with by a person who makes a complaint,

• (e) the procedure to be followed by the Authority in investigating complaints,

• (f) the making of recommendations or reports by the Authority following investigations,

• (g) the confidentiality, or disclosure, of any information supplied to the Authority or acquired by it in connection with an investigation,

• (h) the use which the Authority may make of any such information,

• (i) the making of payments to any persons in connection with investigations,

• (j) privilege in relation to any matter published by the Authority in the exercise of its functions under the regulations.

• (3) The regulations may also make provision—

• (a) empowering the Authority to require persons to attend before it,

• (b) empowering the Authority to require persons to give evidence or produce documents to it,

• (c) about the admissibility of evidence,

• (d) enabling the Authority to administer oaths.

• (4) No person shall be required by or by virtue of regulations under this section to give any evidence or produce any document or other material to the Authority which he could not be compelled to give or produce in civil proceedings before the High Court or, in Scotland, the Court of Session.

Reference of disciplinary cases by Council to court

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• (1) This section applies to—

• (a) a direction of the Fitness to Practise Committee of the General Pharmaceutical Council under article 54 of the Pharmacy Order 2010 (consideration by the Fitness to Practise Committee) or under section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),

• (b) a direction of the Statutory Committee of the Pharmaceutical Society of Northern Ireland under Article 20 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968,

• (c) a direction by a Medical Practitioners Tribunal of the General Medical Council under section 35D of the Medical Act 1983 (c. 54) that the fitness to practise of a medical practitioner was impaired ...,

• (ca) a direction by a Medical Practitioners Tribunal of the General Medical Council under paragraph 5A(3D) or 5C(4) of Schedule 4 to the Medical Act 1983 for suspension of a person’s registration or for conditional registration,

• (e) a direction by the Professional Conduct Committee, the Professional Performance Committee or the Health Committee of the General Dental Council under any of sections 27B, 27C, 36P or 36Q of the Dentists Act 1984 following a determination that a person’s fitness to practise as a dentist or as a member of a profession complementary to dentistry, or class of members of such a profession, is impaired ...,

• (f) a direction by the Fitness to Practise Committee of the General Optical Council under section 13F(2) of the Opticians Act 1989 (powers of Fitness to Practise Committee) ...;

• (g) any step taken—

• (i) by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or

• (ii) by the Health Committee of the General Osteopathic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),

• (h) any step taken—

• (i) by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or

• (ii) by the Health Committee of the General Chiropractic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),

• (ha) any step taken under article 10(5) or 13(1) of the Anaesthesia Associates and Physician Associates Order 2024 by a panel constituted under that Order,

• (hb) any step taken by the General Medical Council under article 14(2) or (3) of the Anaesthesia Associates and Physician Associates Order 2024,

• (hc) any revision by the General Medical Council under article 15(1) of the Anaesthesia Associates and Physician Associates Order 2024 where the decision revised is a decision under article 10(5) of that Order,

• (i) any corresponding measure taken in relation to a nurse or midwife under the Nursing and Midwifery Order 2001,

• (j) any corresponding measure taken in relation to a member of a profession regulated by the Health Professions Order 2001, under that Order.

• (2) This section also applies to—

• (a) a final decision of the relevant committee not to take any disciplinary measure under the provision referred to in whichever of paragraphs (a) to (h) of subsection (1) applies,

• (b) any corresponding decision taken in relation to a nurse or midwife under the Nursing and Midwifery Order 2001, or to any such person as is mentioned in subsection (1)(j) and

• (c) a decision of the relevant regulatory body, or one of its committees , panels or officers, to restore a person to the register following his removal from it in accordance with any of the measures referred to in paragraphs (a) to (j) of subsection (1).

• (2A) This section also applies to any steps or decisions which are taken by Social Work England (or any of its committees or officers) in connection with fitness to practise or discipline and which are of a description specified in regulations made by the Secretary of State.

• (3) The things to which this section applies are referred to below as “relevant decisions”.

• (4) Where a relevant decision is made, the Authority may refer the case to the relevant court if it considers that the decision is not sufficient (whether as to a finding or a penalty or both) for the protection of the public.

• (4A) Consideration of whether a decision is sufficient for the protection of the public involves consideration of whether it is sufficient—

• (a) to protect the health, safety and well-being of the public;

• (b) to maintain public confidence in the profession concerned; and

• (c) to maintain proper professional standards and conduct for members of that profession.

• (5) In subsection (4) (subject to subsection (5A)), the “relevant court” —

• (a) in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Scotland, means the Court of Session,

• (b) in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Northern Ireland, means the High Court of Justice in Northern Ireland, and

• (c) in the case of any other person, means the High Court of Justice in England and Wales.

• (5A) In relation to something that is a relevant decision as a result of subsection (2A), “the relevant court” means the High Court of Justice in England and Wales.

• (6) The Authority may not so refer a case after the end of the period of —

• (a) 40 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision , or

• (b) in the case of a relevant decision against which it is not possible for the practitioner concerned to appeal, 56 days beginning with the day on which notification of the decision was served on the person to whom the decision relates.

• (7) If the Authority does so refer a case—

• (a) the case is to be treated by the court to which it has been referred as an appeal by the Authority against the relevant decision (even though the Authority was not a party to the proceedings resulting in the relevant decision), and

• (b) the body which made the relevant decision (as well as the person to whom the decision relates) is to be a respondent.

• (7A) In a case where the relevant decision is taken by a committee, the reference in subsection (7)(b) to the body which made the decision is to be read as a reference to the body of which it is a committee.

• (7B) In a case where the relevant decision is taken by a panel constituted under the Anaesthesia Associates and Physician Associates Order 2024, the reference in subsection (7)(b) to the body which made the decision is to be read as a reference to the General Medical Council.

• (8) The court may—

• (a) dismiss the appeal,

• (b) allow the appeal and quash the relevant decision,

• (c) substitute for the relevant decision any other decision which could have been made by the committee or other person concerned, or

• (d) remit the case to the committee or other person concerned to dispose of the case in accordance with the directions of the court or, in the case of a relevant decision within subsection (1)(c) or (ca) or a relevant decision within subsection (2)(a) or (c) not to take a disciplinary measure under a provision referred to in subsection (1)(c) or (ca), remit the case to the Medical Practitioners Tribunal Service for them to arrange for a Medical Practitioners Tribunal so to dispose of the case,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

• (9) Where rules under paragraph 1 of Schedule 4 to the Medical Act 1983 provide, by virtue of paragraph 1(2E) of that Schedule, for the application of section 35D of that Act, the reference in subsection (1)(c) of this section to section 35D of that Act includes a reference to that section as so applied.

• (10) The reference in subsection (1)(ca) to paragraph 5A(3D) of the Medical Act 1983 includes a reference to that provision as applied by section 35A(6E) of that Act.

Appeals

Medical practitioners

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• (1) The Medical Act 1983 (c. 54) is amended as follows.

• (2) In section 40 (appeals)—

• (a) in subsection (1), paragraph (c) is omitted,

• (b) after subsection (1), there is inserted—

(1A) A decision of the General Council under section 39 above giving a direction for erasure is also an appealable decision for the purposes of this section.

,

• (c) for subsection (3) there is substituted—

(3) A person in respect of whom an appealable decision falling within subsection (1) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 36(6), 36A(7), or 37(6) above, or section 41(7) or 45(7) below, appeal against the decision to the relevant court. (3A) In subsection (3), “the relevant court”— (a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session, (b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and (c) in the case of any other person (including one appealing against a decision falling within subsection (1)(e)), means the High Court of Justice in England and Wales. (3B) A person in respect of whom an appealable decision falling within subsection (1A) above has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 39(2), appeal against the decision to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register is situated.

,

• (d) subsections (4) to (6), (9) and (10) are omitted, and

• (e) for subsections (7) and (8) there is substituted—

(7) On an appeal under this section from the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee, the court may— (a) dismiss the appeal, (b) allow the appeal and quash the direction or variation appealed against, (c) substitute for the direction or variation appealed against any other direction or variation which could have been given or made by the committee concerned, or (d) remit the case to the committee concerned to dispose of the case in accordance with the directions of the court, and may make such order as to costs (or, in Scotland, expenses) as it thinks fit. (8) On an appeal under this section from the General Council, the court (or the sheriff) may— (a) dismiss the appeal, (b) allow the appeal and quash the direction appealed against, or (c) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff), and may make such order as to costs (or in Scotland, expenses) as it (or he) thinks fit.

• (3) In Schedule 4 (proceedings before Professional Conduct, Health and Preliminary Proceedings Committees)—

• (a) in paragraph 3(b), the words “to Her Majesty in Council” are omitted and for “the Judicial Committee” there is substituted “ the court (or the sheriff) ”,

• (b) in paragraph 10(1)—

• (i) for “section 37 of this Act and” there is substituted “ section 37 of this Act, ”,

• (ii) after “or 37 of this Act”, there is inserted “ and a direction for erasure given by the General Council under section 39 of this Act ”, and

• (iii) in paragraph (a), for the words “mentioned in subsection (3) of that section” there is substituted “ specified in that section ”,

• (c) paragraph 10(2) is omitted, and

• (d) in paragraph 10(3)—

• (i) “or (2)” is omitted,

• (ii) “or that sub-paragraph as applied by sub-paragraph (2) above” is omitted,

• (iii) for “mentioned in section 40(3)” there is substituted “ specified in section 40 ”, and

• (iv) for “mentioned in the said section 40(3)” there is substituted “ specified in section 40 of this Act ”.

Dentists

31

• (1) The Dentists Act 1984 (c. 24) is amended as follows.

• (2) In section 29 (appeals)—

• (a) in subsection (1), for the words from “to Her” to the end there is substituted “ against that determination or direction to the relevant court. ”,

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

(1A) In subsection (1), “the relevant court”— (a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session, (b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and (c) in the case of any other person, means the High Court of Justice in England and Wales.

,

• (c) subsection (2) is omitted, and

• (d) for subsection (3) there is substituted—

(3) On an appeal under this section, the court may— (a) dismiss the appeal, (b) allow the appeal and quash the determination or direction appealed against, (c) (in the case of an appeal against a determination under section 27 above or a direction under section 28 above) substitute for the determination or direction appealed against any other determination or direction which could have been made or given by the Professional Conduct Committee or (as the case may be) the Health Committee, or (d) remit the case to the Professional Conduct Committee, the Health Committee or the Continuing Professional Development Committee to dispose of the case under section 27 or 28 above or Schedule 3A to this Act in accordance with the directions of the court, and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

• (3) In section 44 (withdrawal of privilege from body corporate)—

• (a) in subsection (4)—

• (i) after “days” there is inserted “ from service ”, and

• (ii) for the words from “in accordance” to “Majesty in Council” there is substituted “ appeal to the relevant court ”, and

• (b) after subsection (4) there is inserted—

(4A) In subsection (4), “the relevant court”— (a) where the registered office of the body corporate is in Northern Ireland, means the High Court of Justice in Northern Ireland, (b) where the registered office of the body corporate is in Scotland, means the Court of Session, (c) where the registered office of the body corporate is in any other place, means the High Court of Justice in England and Wales.

• (4) In section 51, the words from “(other” to “appeals)” are omitted.

• (5) In section 34A (professional training and development requirements), in subsection (7)(b), for “to Her Majesty in Council” there is substituted “ under section 29 above to the relevant court ”.

• (6) Subsection (5) has effect—

• (a) upon the coming into force of this section, if that happens after the coming into force of article 8 of the Dentists Act 1984 (Amendment) Order 2001 (S.I. 2001/3926) (“the Dentists Order”) so far as that article effects the insertion into the Dentists Act 1984 (c. 24) of the new section 34A(7)(b),

• (b) otherwise, immediately after the coming into force to that extent of that article.

• (7) If this section comes into force before article 10(3) of the Dentists Order—

• (a) paragraphs (b), (c) and (d) of article 10(3) of that Order are revoked upon the coming into force of this section, and

• (b) until the coming into force of the remainder of article 10(3) of that Order, section 29 of the Dentists Act 1984 (c. 24) (as amended by this section) is to be read with the modifications set out in subsection (8).

• (8) The modifications are that section 29 is to be read as if—

• (a) in each of paragraphs (a) and (b) of subsection (1A), the words “(or if he were registered would be)” were omitted,

• (b) in paragraph (c) of subsection (3), the words “(in the case of an appeal against a determination under section 27 above or a direction under section 28 above)” were omitted, and

• (c) in paragraph (d) of subsection (3)—

• (i) for the words “, the Health Committee or the Continuing Professional Development Committee” there were substituted “ or the Health Committee ”, and

• (ii) the words “or Schedule 3A to this Act” were omitted.

Opticians

32

• (1) Section 23 of the Opticians Act 1989 (c. 44) (appeals in disciplinary and other cases) is amended as follows.

• (2) For subsection (1) there is substituted—

(1) An individual or body corporate who is notified under subsection (11) of section 17— (a) that a disciplinary order has been made against him under that section; or (b) that a direction has been given in respect of him under subsection (9) of that section, may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that order or direction to the relevant court. (1A) In subsection (1), “the relevant court”— (a) in the case of an individual whose address in the register is in Scotland, or a body corporate whose registered office is in Scotland, means the Court of Session, (b) in the case of an individual whose address in the register is in Northern Ireland, or a body corporate whose registered office is in Northern Ireland, means the High Court of Justice in Northern Ireland, and (c) in the case of any other individual or body corporate, means the High Court of Justice in England and Wales. (1B) An individual or body corporate who is notified under subsection (3) of section 19 above that a direction has been given in respect of him under that section may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that direction to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register or (as the case may be) the registered office is situated. (1C) On an appeal under this section, the court (or the sheriff) may— (a) dismiss the appeal, (b) allow the appeal and quash the order or direction appealed against, (c) substitute for the order or direction appealed against any other order or direction which could have been made by the Disciplinary Committee, or (d) remit the case to the Disciplinary Committee to dispose of the case in accordance with the directions of the court (or the sheriff), and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

• (3) In subsection (2), for “any such appeal”, where it first appears, there is substituted “ any appeal under this section ”.

Osteopaths

33

• (1) The Osteopaths Act 1993 (c. 21) is amended as follows.

• (2) In section 10 (fraud or error in relation to registration)—

• (a) in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”,

• (b) for subsection (8) there is substituted—

(8) Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).

,

• (c) subsection (10) is omitted, and

• (d) for subsection (11) there is substituted—

(11) On an appeal under this section, the court (or the sheriff) may— (a) dismiss the appeal, (b) allow the appeal and quash the order appealed against, or (c) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff), and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

• (3) In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (6) and (8), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

• (4) In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

• (5) In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—

(4) A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated. (4A) On an appeal under subsection (4) above, the court (or the sheriff) may— (a) dismiss the appeal, (b) allow the appeal and quash the decision appealed against, (c) substitute for the decision appealed against any other decision which could have been made by the Registrar, or (d) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff), and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

• (6) In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—

• (a) in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ”,

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

(1A) In subsection (1), “the relevant court”— (a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session, (b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and (c) in the case of any other person, means the High Court of Justice in England and Wales.

,

• (c) subsections (3) to (5) and (7) are omitted, and

• (d) for subsection (8) there is substituted—

(8) On an appeal under this section, the court may— (a) dismiss the appeal, (b) allow the appeal and quash the decision appealed against, (c) substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or (d) remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court, and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

• (7) In section 35 (rules), subsection (3) is omitted.

Chiropractors

34

• (1) The Chiropractors Act 1994 (c. 17) is amended as follows.

• (2) In section 10 (fraud or error in relation to registration)—

• (a) in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”,

• (b) for subsection (8) there is substituted—

(8) Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6).

,

• (c) subsection (10) is omitted, and

• (d) for subsection (11) there is substituted—

(11) On an appeal under this section, the court (or the sheriff) may— (a) dismiss the appeal, (b) allow the appeal and quash the order appealed against, or (c) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff), and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

• (3) In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (7) and (9), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

• (4) In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.

• (5) In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—

(4) A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated. (4A) On an appeal under subsection (4) above, the court (or the sheriff) may— (a) dismiss the appeal, (b) allow the appeal and quash the decision appealed against, (c) substitute for the decision appealed against any other decision which could have been made by the Registrar, or (d) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff), and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

• (6) In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—

• (a) in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ”,

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

(1A) In subsection (1), “the relevant court”— (a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session, (b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and (c) in the case of any other person, means the High Court of Justice in England and Wales.

,

• (c) subsections (3) to (5) and (7) are omitted, and

• (d) for subsection (8) there is substituted—

(8) On an appeal under this section, the court may— (a) dismiss the appeal, (b) allow the appeal and quash the decision appealed against, (c) substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or (d) remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court, and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

• (7) In section 35 (rules), subsection (3) is omitted.

The pharmacy profession

Regulation of the profession of pharmacy

35

In Schedule 3 to the 1999 Act (which makes provision in relation to orders under section 60 of that Act regulating health care and associated professions), in paragraph 2, for sub-paragraphs (2) and (3) there is substituted—

(2) But (subject to paragraph 12) an order may not amend the Medicines Act 1968 except in connection with the regulation of the profession regulated by the Pharmacy Act 1954.

Part 3 — Miscellaneous

Amendments of health service legislation in connection with consolidation

36

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

Minor and consequential amendments and repeals

37

• (1) The minor and consequential amendments specified in Schedule 8 are to have effect.

• (2) The enactments specified in Schedule 9 are repealed to the extent specified.

Regulations and orders

38

• (1) Any power under this Act to make any order or regulations is (except in the case of orders under section 22(5)) exercisable by statutory instrument or, in the case of an order made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

• (2) A statutory instrument containing any order or regulations made by the Secretary of State under this Act, other than regulations under 29(2A) or ... an order under section ... ... 42(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) A statutory instrument containing regulations under section 28 or 29(2A) ... or an order of the Privy Council under section 27, shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (3A) A statutory instrument containing regulations made by the Privy Council under section 25A shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3B) Regulations made by the Privy Council under section 25A that include provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the regulations being subject to annulment under subsection (3A)).

• (3C) Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) shall apply in relation to regulations of the description given in subsection (3B) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.

• (3D) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing regulations of the description given in subsection (3B) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.

• (3E) A statutory instrument containing regulations made by the Privy Council under section 27 is subject to annulment in pursuance of a resolution of either House of Parliament.

• (3F) A statutory instrument containing regulations made by the Privy Council under paragraph 6 of Schedule 7 is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) No order shall be made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27 unless a draft of the order has been laid before, and approved by resolution of, the Northern Ireland Assembly.

• (4A) The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of Schedule 7 is two; and anything done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an instrument signed by the Clerk of the Council.

• (5) Any power under this Act to make any order or regulations may be exercised—

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

• (b) 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.

• (6) Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

• (7) 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 authority making the order or regulations considers to be expedient, and

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

• (8) Subsections (5) to (7) do not apply to orders under section 27.

• (9) Subject to subsection (8), nothing in this Act shall be read as affecting the generality of subsection (7).

• (10) Directions given in pursuance of any provision of this Act are, except where otherwise stated, to be given by instrument in writing.

• (11) Any power sconferred by this Act to give directions by instrument in writing includes power to vary or revoke them by subsequent directions.

Supplementary and consequential provision etc

39

• (1) The Secretary of State may by regulations 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, or 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, including an enactment contained in an Act passed in the same session as this Act.

• (3) The power to make regulations under this section is also exercisable by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly.

• (4) Nothing in this Act shall be read as affecting the generality of subsection (1).

Wales

40

• (1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act is (as from the time when the Act is so amended) to be treated as referring to the Act as so amended.

• (2) Subsection (1) does not affect the power to make further Orders varying or omitting any such reference.

Financial provisions

41

There shall be paid out of money provided by Parliament—

• (a) any expenditure incurred by the Secretary of State in consequence of this Act, and

• (b) any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.

Short title, interpretation, commencement and extent

42

• (1) This Act may be cited as the National Health Service Reform and Health Care Professions Act 2002.

• (2) In this Act—

• ...

• “the 1999 Act” means the Health Act 1999 (c. 8),

• ...

• (3) This Act, apart from—

• (a) this section and sections 38 to 41, and

• (b) any other provision of this Act so far as it confers any power to make an order or regulations under this Act,

shall come into force on such day as the appropriate authority may by order appoint, and different days may be appointed for different provisions and for different purposes.

• (4) In subsection (3), the “appropriate authority” is—

• (a) in relation to sections 1 to 5, 7, 8, 15 to 22, Part 2, and section 36, the Secretary of State,

• (b) in relation to sections 11 to 14, the Secretary of State after consulting the National Assembly for Wales,

• (c) in relation to sections 6, 9 and 24, the National Assembly for Wales,

• (d) in relation to sections 10 and 23—

• (i) the Secretary of State, in relation to England, and

• (ii) the National Assembly for Wales, in relation to Wales,

• (e) in relation to section 37—

• (i) the Secretary of State, as respects any amendment or repeal consequential on provisions falling within paragraph (a),

• (ii) the Secretary of State, after consulting the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (b),

• (iii) the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (c),

• (iv) otherwise, the Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales.

• (5) Subject to subsection (6), this Act extends to the whole of the United Kingdom, except for Part 1, which extends to England and Wales only.

• (6) The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

• (7) Subsection (6) does not apply to the amendment of the Police Act 1997 (c. 50) made by paragraph 64 of Schedule 2, which extends to England and Wales only.

• (8) 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.

SCHEDULE 1

Part 1 — Amendments of 1977 Act

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2

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4

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5

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6

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7

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9

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10

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11

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12

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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

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34

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35

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Part 2 — Amendments of other Acts

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

36

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The Hospital Complaints Procedure Act 1985 (c. 42)

37

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The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

38

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

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40

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41

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42

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43

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44

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

45

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

46

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

The Health Service Commissioners Act 1993 (c. 46)

47

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

The 1999 Act

48

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

49

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

50

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

51

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

52

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

53

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

54

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

The Health and Social Care Act 2001 (c. 15)

55

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

SCHEDULE 2

Part 1 — Amendments of 1977 Act

1

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

2

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

3

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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

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

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

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

20

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

21

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

22

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23

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24

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25

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26

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

27

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28

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29

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30

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31

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

32

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

33

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34

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35

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36

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37

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

Part 2 — Amendments of other Acts

The National Assistance Act 1948 (c. 29)

38

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

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

39

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

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

40

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

The Health and Safety at Work etc Act 1974 (c. 37)

41

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

The Mental Health Act 1983 (c. 20)

42

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

43

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

44

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

45

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

46

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

47

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

48

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

49

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

The Public Health (Control of Disease) Act 1984 (c. 22)

50

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

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

51

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

The Children Act 1989 (c. 41)

52

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

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

53

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

54

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

55

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

56

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

57

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

58

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

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

59

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

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

60

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

The Health Service Commissioners Act 1993 (c. 46)

61

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

The Health Authorities Act 1995 (c. 17)

62

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

The Employment Rights Act 1996 (c. 18)

63

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

The Police Act 1997 (c. 50)

64

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

The School Standards and Framework Act 1998 (c. 31)

65

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

The Government of Wales Act 1998 (c. 38)

66

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

The 1999 Act

67

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

68

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

69

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

The Care Standards Act 2000 (c. 14)

70

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

The Health and Social Care Act 2001 (c. 15)

71

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

72

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

73

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

74

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

75

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

76

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

77

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

78

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

79

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

80

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

81

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

82

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

SCHEDULE 3

Part 1 — Amendments of the National Health Service (Primary Care) Act 1997

1

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

2

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

3

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

4

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

5

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6

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7

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8

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9

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

10

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

Part 2 — Amendments of other Acts

The 1977 Act

11

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

The National Health Service (Scotland) Act 1978 (c. 29)

12

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

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

13

In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), after “by a” there is inserted “ Strategic Health Authority, ”.

The 1999 Act

14

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

The Health and Social Care Act 2001 (c. 15)

15

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

16

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

17

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

SCHEDULE 4

After Schedule 5A to the 1977 Act there is inserted—

SCHEDULE 5

The Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1

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

(gh) Local Health Boards;

.

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

2

• (1) Section 63 of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc) is amended as follows.

• (2) In subsection (1)(a), for “or Primary Care Trust” there is substituted “ , Primary Care Trust or Local Health Board ”.

• (3) In subsection (5A), for “or Primary Care Trust”, in both places, there is substituted “ , Primary Care Trust or Local Health Board ”.

• (4) In subsection (5B), the “and” at the end of paragraph (bb) is omitted, and after that paragraph there is inserted—

(bbb) Local Health Boards; and

.

The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

3

In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—

• (a) for “1978 and” there is substituted “ 1978, ”, and

• (b) after “1977” there is inserted “ and a Local Health Board established under section 16BA of that Act ”.

The 1977 Act

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

In section 98 (accounts and audit), in subsection (1), after paragraph (bb) there is inserted—

(bbb) every Local Health Board;

.

22

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

23

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

24

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

The Acquisition of Land Act 1981 (c. 67)

25

In section 16 of the Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase), in subsection (3), the “and” at the end of paragraph (b) is omitted, and at the end of paragraph (c) there is inserted

and (d) a Local Health Board established under section 16BA of that Act;

.

The Hospital Complaints Procedure Act 1985 (c. 42)

26

In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1B), after “Trust”, where it first occurs, there is inserted “ and Local Health Board ”, and in the second place where it occurs there is inserted “ or Local Health Board ”.

The Income and Corporation Taxes Act 1988 (c. 1)

27

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

The Housing Act 1988 (c. 50)

28

In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), in the second paragraph of Ground 16, after “1990,” there is inserted “ or by a Local Health Board, ”.

The Road Traffic Act 1988 (c. 52)

29

In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)(da), after “1977” there is inserted “ , by a Local Health Board established under section 16BA of that Act ”.

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

30

The National Health Service and Community Care Act 1990 is amended as follows.

31

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

32

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

33

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

34

In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Health Authority” there is inserted “ , Local Health Board ”.

35

In section 61 (health service bodies: taxation), in subsection (3), after “Primary Care Trust” there is inserted “ or Local Health Board ”.

36

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

The Welsh Language Act 1993 (c. 38)

37

In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in subsection (1), after paragraph (f) there is inserted—

(ff) a Local Health Board established under section 16BA of the National Health Service Act 1977;

.

The Health Service Commissioners Act 1993 (c. 46)

38

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

The Vehicle Excise and Registration Act 1994 (c. 22)

39

In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles), in paragraph 7, at the end of sub-paragraph (d) there is inserted

or (e) a Local Health Board established under section 16BA of that Act.

The Value Added Tax Act 1994 (c. 23)

40

In section 41 of the Value Added Tax Act 1994 (application to Crown), in subsection (7), after “Primary Care Trust” there is inserted “ and a Local Health Board ”.

The Data Protection Act 1998 (c. 29)

41

In section 69 of the Data Protection Act 1998 (meaning of “health professional”), in subsection (3), after paragraph (bb) there is inserted—

(bbb) a Local Health Board established under section 16BA of that Act,

.

The Government of Wales Act 1998 (c. 38)

42

• (1) The Government of Wales Act 1998 is amended as provided in this paragraph.

• (2) In Schedule 5 (bodies and offices covered by section 74), after paragraph 25 there is inserted—

(25A) A Local Health Board.

• (3) In Schedule 17 (audit etc of Welsh public bodies), after paragraph 12 there is inserted—

(12A) A Local Health Board.

The 1999 Act

43

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

44

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

45

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

The Care Standards Act 2000 (c. 14)

46

In section 121 of the Care Standards Act 2000 (general interpretation), in subsection (1), in the definition of “National Health Service body”, for “or a Primary Care Trust” there is substituted “ , a Primary Care Trust or a Local Health Board ”.

The Learning and Skills Act 2000 (c. 21)

47

In section 138 of the Learning and Skills Act 2000 (Wales: provision of information by public bodies), in subsection (3), after paragraph (b) there is inserted—

(ba) a Local Health Board,

.

The Freedom of Information Act 2000 (c. 36)

48

In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 39 there is inserted—

(39A) A Local Health Board established under section 16BA of the National Health Service Act 1977.

The Health and Social Care Act 2001 (c. 15)

49

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

50

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

51

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

SCHEDULE 6

Status

1

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

Powers

2

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

Membership

3

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

Appointment, procedure etc

4

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

5

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

6

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

Remuneration and allowances

7

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

Staff

8

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

Delegation of functions

9

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

Assistance

10

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

Payments and loans to the Commission

11

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

Accounts and audit

12

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

Reports and other information

13

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

Application of seal and evidence

14

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

15

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

Miscellaneous amendments

16

In the First Schedule to the Public Records Act 1958 (c. 51) (definition of public records), the following entry is inserted at the appropriate place in Part 2 of the Table at the end of paragraph 3—

Commission for Patient and Public Involvement in Health.

17

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

18

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

19

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

SCHEDULE 7

Status

1

The Authority 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 Authority's property is not to be regarded as property of, or property held on behalf of, the Crown.

2

For the purposes of—

• (a) section 23(2)(b) of the Scotland Act 1998 (c. 46) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and

• (b) section 70(6) of that Act (accounts prepared by cross-border bodies),

the Authority is to be treated as a cross-border public authority within the meaning of that Act.

Powers

3

The power in section 26(1) includes the power to—

• (a) acquire and dispose of land and other property, and

• (b) enter into contracts.

Membership and chairman

4

The Authority is to consist of—

• (a) a chair appointed by the Privy Council,

• (b) one non-executive member appointed by the Scottish Ministers,

• (c) one non-executive member appointed by the Welsh Ministers,

• (d) one non-executive member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland,

• (e) three non-executive members appointed by the Privy Council, and

• (f) one executive member appointed in accordance with paragraph 11.

Appointment, procedure etc

5

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

6

The Privy Council may by regulations provide for—

• (a) the conditions to be fulfilled for appointment as chair or other member of the Authority,

• (b) the tenure of office of the chair and non-executive members of the Authority (including the circumstances in which they cease to hold office or may be removed or suspended from office),

• (ba) the appointment of a member as deputy chair and the circumstances in which that member ceases to hold, or may be removed from, office as deputy chair, and

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

7

The Authority may regulate its own procedure.

8

The validity of any proceedings of the Authority is not affected by a vacancy amongst its members or by a defect in the appointment of a member.

Members' interests

9