National Health Service Reform and Health Care Professions Act 2002

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

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

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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

• (1) The Authority must establish and maintain a system for the declaration and registration of private interests of its members.

• (2) The Authority must publish entries recorded in the register of members’ interests.

Remuneration and allowances

10

• (1) The Authority may pay to its chair, and to any other member of the Authority, such remuneration and allowances as the Authority may determine.

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

• (3) The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in respect of a person who is or has been the chair or any other member of the Authority.

• (4) The Authority may, where it considers there are special circumstances that make it right for a person ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may determine.

Employees

11

• (1) The Authority may appoint the executive member referred to in paragraph 4(f) on such terms and conditions as the Authority may determine.

• (2) The executive member must be an employee of the Authority .

• (3) Any decision of the Authority under sub-paragraph (1) must be taken by the members appointed under paragraph 4(a) to (e).

• (4) The Authority may appoint such other employees as it considers appropriate on such terms and conditions as it may determine.

Delegation of functions

12

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

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

• (b) any other person.

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

Assistance

13

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

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

Payments and loans to Council

14

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

• (2) An appropriate authority may make payments to the Authority of such amounts, at such times and on such conditions (if any) as it considers appropriate.

• (2A) The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph.

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

• (4) An appropriate authority may make loans to the Authority on such terms (including terms as to repayment and interest) as it may determine.

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

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

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

• (8) An appropriate authority may give directions to the Authority as to the application of any sums received by it from the authority under sub-paragraph (2) or (4).

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

• (10) In this paragraph, “appropriate authority” means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.

Accounts

15

• (1) The Authority must keep accounts in such form as the Privy Council may determine.

• (2) The Authority must prepare annual accounts in respect of each financial year in such form as the Privy Council may determine.

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

• (4) Within that period the Authority must also send copies of the annual accounts to—

• (a) the Scottish Ministers,

• (b) the National Assembly for Wales, and

• (c) the Department of Health, Social Services and Public Safety in Northern Ireland.

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

• (6) A copy of the accounts shall be laid before—

• (a) the Scottish Parliament by the Scottish Ministers,

• (b) the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety there,

and the National Assembly for Wales shall publish the accounts.

• (7) In this paragraph and paragraph 16, “financial year” means—

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

• (b) each successive period of 12 months ending with 31st March.

Reports and other information

16

• (1) The Authority must prepare a report on the exercise of its functions during each financial year.

• (1A) The report must state—

• (a) how the Authority, in exercising its functions, has promoted the health, safety and well-being of users of health care, users of social care in England, users of social work services in England and other members of the public, and

• (b) how far, in the opinion of the Authority, each regulatory body has complied with any duty imposed on it to promote the health, safety and well-being of such persons.

• (1B) The Authority must, by such date in each year as the Privy Council determines, publish—

• (a) a strategic plan for the Authority for the coming financial year, and

• (b) a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine.

• (2) As soon as possible after the end of each financial year, the Authority must lay a copy of its report for that year , and a copy of each of its strategic plans published in that year, before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.

• (3) The Authority must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information.

• (4) The Authority must also comply with any corresponding request by—

• (a) the Scottish Parliament, in relation to matters which concern a subject for which any member of the Scottish Executive has general responsibility,

• (b) the Northern Ireland Assembly, in relation to transferred matters concerning Northern Ireland (“transferred matters” having the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47)).

Application of seal and evidence

17

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

• (a) any member of the Authority, or

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

18

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

Meetings of the Council in Northern Ireland

19

• (1) Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c.9) (which provides for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out below, apply in relation to meetings of the Authority in Northern Ireland as they apply in relation to meetings of a district council.

• (2) The modifications are—

• (a) any reference to a district council shall be read as a reference to the Authority, and

• (b) any reference to councillors or members of the council shall be read as references to members of the Authority.

Miscellaneous amendments

20

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

21

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

22

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23

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24

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SCHEDULE 8

The 1977 Act

1

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2

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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

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

The Medical Act 1983 (c. 54)

13

The Medical Act 1983 is amended as follows.

14

In section 40 (appeals), in subsection (11), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.

15

In Schedule 6 (transitional and saving provisions), in paragraph 18, “section 40(4) of this Act or” is omitted.

The Dentists Act 1984 (c. 24)

16

In section 29 of the Dentists Act 1984 (appeals), in subsection (4), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.

The Opticians Act 1989 (c. 44)

17

In section 23 of the Opticians Act 1989 (appeals in disciplinary and other cases), in subsection (2), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.

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

18

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

The Local Government (Wales) Act 1994 (c. 19)

19

In Schedule 10 to the Local Government (Wales) Act 1994 (amendments relating to social services), paragraph 11(4) is omitted.

The Health Authorities Act 1995 (c. 17)

20

The Health Authorities Act 1995 is amended as follows.

21

Section 1 (which substituted section 8 of the 1977 Act) is omitted.

22

In Schedule 1 (amendments), paragraphs 32(b), 53 and 107(12)(b) are omitted.

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

23

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

24

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

The Government of Wales Act 1998 (c. 38)

25

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

26

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27

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

The 1999 Act

28

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

29

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30

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31

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

32

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

33

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34

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35

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36

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37

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SCHEDULE 9

Part 1 — National Health Service

Part 2 — Health care professions

Part 3 — Miscellaneous

English Health Authorities: change of name

Powers and duties of the Council: general

Directions: distribution of functions

Personal medical services, personal dental services and local pharmaceutical services

Local Representative Committees

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

The National Assistance Act 1948 (c. 29)

Funding of Local Health Boards

Further functions of the Commission for Health Improvement

Commission for Health Improvement: inspections and investigations

The Health Authorities Act 1995 (c. 17)

The Police Act 1997 (c. 50)

The Government of Wales Act 1998 (c. 38)

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

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

Powers and duties of the Council: general

Complaints about regulatory bodies

Dentists

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

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

The Road Traffic Act 1988 (c. 52)

The Learning and Skills Act 2000 (c. 21)

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

The Hospital Complaints Procedure Act 1985 (c. 42)

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

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

The 1999 Act

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

The National Assistance Act 1948 (c. 29)

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

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

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

The Mental Health Act 1983 (c. 20)

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

The Children Act 1989 (c. 41)

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

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

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

The Health Service Commissioners Act 1993 (c. 46)

The Health Authorities Act 1995 (c. 17)

The Employment Rights Act 1996 (c. 18)

The Police Act 1997 (c. 50)

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

The 1999 Act

The Care Standards Act 2000 (c. 14)

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

The 1977 Act

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

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

The 1999 Act

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

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

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

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

The 1977 Act

The Hospital Complaints Procedure Act 1985 (c. 42)

The Housing Act 1988 (c. 50)

The Road Traffic Act 1988 (c. 52)

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

The Health Service Commissioners Act 1993 (c. 46)

The Government of Wales Act 1998 (c. 38)

The Care Standards Act 2000 (c. 14)

The Freedom of Information Act 2000 (c. 36)

Powers

Status

Membership and chairman

The 1977 Act

The Medical Act 1983 (c. 54)

The Dentists Act 1984 (c. 24)

The Opticians Act 1989 (c. 44)

The Local Government (Wales) Act 1994 (c. 19)

The 1999 Act

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

Editorial notes

[^c23368931]: Act extended in part (Isles of Scilly) (with modifications) (8.2.2003) by The National Health Service Reform and Health Care Professions Act 2002 (Isles of Scilly) Order 2003 (S.I. 2003/50), arts. 1, 2

[^c4202631]: S. 2 wholly in force at 1.10.2002; s. 2 not in force at Royal Assent, see s. 42(3); s. 2 in force for certain purposes for E. at 2.9.2002 by S.I. 2002/2202, art. 3(b) and in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478, art. 3(1)(a)

[^c836761]: S. 19 partly in force; s. 19 in force for certain purposes at Royal Assent, see s. 42(3)

[^c836781]: S. 22 partly in force; s. 22 in force for certain purposes at Royal Assent, see s. 42(3)

[^c4202441]: S. 25 wholly in force at 1.4.2003; s. 25 not in force at Royal Assent, see s. 42(3); s. 25 in force for certain purposes at 27.8.2002 and for certain further purposes at 1.12.2002 and in force at 1.4.2003 insofar as not already in force by S.I. 2002/2202, art. 2

[^c836811]: S. 27 wholly in force at 1.4.2003; s. 27 in force for certain purposes at Royal Assent, see s. 42(3); s. 27 in force at 1.4.2003 by S.I. 2002/2202, art. 2(3)(c)

[^c836821]: S. 28 partly in force; s. 28 in force for certain purposes at Royal Assent, see s. 42(3)

[^c4202891]: S. 37 partly in force; s. 37 not in force at Royal Assent, see s. 42(3); s. 37(1) in force for specified purposes for E.W. at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) and in force for specified purposes for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(b); s. 37 in force for specified purposes for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.; s. 37(1) in force for specified purposes for E. at 1.1.2003 by S.I. 2002/3190, art. 2(2)(c); s. 37(2) in force for specified purposes for E.W. at 1.1.2003 by S.I. 2002/3190, art. 2(2)(d); s. 37 in force for specified purposes at 1.4.2003 by S.I. 2003/833, art. 3(b)(c) (with art. 4)

[^c4202331]: S. 42(3) power partly exercised: different dates appointed for specified provisions and purposes by S.I. 2002/2202, arts. 2, 3; 1.10.2002 appointed for specified provisions and purposes by S.I. 2002/2478, arts. 3, 5 (with arts. 2(2), 3(3), 4) S. 42(3)(4)(c)(d)(e)(iii)(iv) power partly exercised: 10.10.2002 appointed for specified provisions and purposes by S.I. 2002/2532, art. 2, Sch. S. 42(3) power partly exercised: 1.1.2003 appointed for specified provisions and purposes by S.I. 2002/3190, art. 2; 1.4.2003 appointed for specified provisions and purposes by S.I. 2003/833, arts. 2, 3 (with art. 4)

[^c5205931]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5205941]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5205951]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206131]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206171]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206181]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206201]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206211]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206221]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206261]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206271]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206301]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206321]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206331]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206341]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206351]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206391]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206401]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c5206411]: Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c4206751]: Sch. 6 para. 16 partly in force; Sch. 6 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 6 para. 16 in force for E. at 1.1.2003 by S.I. 2002/3190, art. 2

[^c836901]: Sch. 7 para. 6 wholly in force at 27.8.2002; Sch. 7 para. 6 in force for certain purposes at Royal Assent, see s. 42(3); Sch. 7 para. 6 in force at 27.8.2002 by S.I. 2002/2202, art. 2(1)

[^c4202521]: Sch. 7 para. 16 wholly in force at 1.4.2003; Sch. 7 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 7 para. 16(1)(2) in force at 1.12.2002 by S.I. 2002/2202, art. 2(2); Sch. 7 para. 16(3)(4) in force at 1.4.2003 by S.I. 2002/2202, art. 2(3)

[^c4206501]: Sch. 8 para. 19 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 19 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c4203001]: Sch. 8 para. 20 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 20 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) and in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(b) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 20 in force on 10.10.2002 for W. only)

[^c4203011]: Sch. 8 para. 21 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 21 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 21 in force on 10.10.2002 for W. only)

[^c4204551]: Sch. 8 para. 22 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 22 in force at 1.10.2002 by S.I. 2002/2478, art. 3(1)(e) and in force for certain purposes at 1.10.2002 by S.I. 2002/2478, art. 3(2)(b) (S.I. 2002/2532, art. 2, Sch. purports to bring Sch. 8 para. 22 in force on 10.10.2002 for W. only)

[^c4206251]: Sch. 9 Pt. 1 not in force at Royal Assent, see s. 42(3); specified entries in Sch. 9 Pt. 1 in force for E. and for W. (insofar as the Secretary of State is the appropriate authority) at 1.10.2002 by S.I. 2002/2478, art. 3(1)(f); further specified entry in Sch. 9 Pt. 1 in force for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(c); further specified entries in Sch. 9 Pt. 1 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.

[^c4206261]: Sch. 9 Pt. 3 not in force at Royal Assent, see s. 42(3); specified entries in Sch. 9 Pt. 3 in force for E. and for W. (insofar as the Secretary of State is the appropriate authority). at 1.10.2002 by S.I. 2002/2478, art. 3(1)(f); further specified entry in Sch. 9 Pt. 3 in force for E. at 1.10.2002 by S.I. 2002/2478, art. 3(2)(c); further specified entries in Sch. 9 Pt. 3 in force for W. at 10.10.2002 by S.I. 2002/2532, art. 2, Sch.; further specified entries in Sch. 9 Pt. 3 in force for E.W. at 1.1.2003 by S.I. 2002/3190, art. 2(2)(d)

[^key-8a4428e96719fd1b20ca3ba2f77f1cf6]: S. 37(1) in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580, art. 2(2)(b)

[^key-d9c064bb29bec50dbe0425c09767b638]: S. 37(2) in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580, art. 2(2)(c)

[^key-6834f34b0d5ae1efaf379fce597a1545]: Sch. 9 Pt. 1 in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580, art. 2(2)(c)

[^key-a9be06dd20af3c29c8f0844342bce2b9]: S. 19 in force at 1.9.2003 in so far as not already in force by S.I. 2003/2246, art. 2(a)

[^key-d2460177d1bcdddd0bfc79a6b3d62525]: S. 37(1) in force at 1.9.2003 for specified purposes by S.I. 2003/2246, art. 2(b)

[^key-43a667782c44478c8b32d81aae57cd83]: Sch. 5 para. 24 repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4), s. 10(2), Sch. 4; S.I. 2003/2660, art. 2(1)(iii)(2); S.I. 2003/3064, art. 2(1)(iii)(2)

[^key-d555c2302606899896f3f7163d5353b8]: Sch. 8 para. 11 repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4), s. 10(2), Sch. 4; S.I. 2003/2660, art. 2(1)(iii)(2); S.I. 2003/3064, art. 2(1)(iii)(2)

[^key-8ea546ffbd6784b7243fad88c242c1a6]: S. 22 in force at 1.12.2003 in so far as not already in force by S.I. 2003/3083, art. 2

[^key-f500d236bb6adde00ddb20d672c7e29e]: Sch. 8 paras. 28-31 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 2; S.I. 2004/759, art. 13

[^key-4ee34d9b40a9df9530ffa3ed1af08ac2]: Ss. 11-14 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 2; S.I. 2004/759, art. 13

[^key-b242663ce8cd550026dfb1c1275910e0]: Sch. 3 para. 10 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345)

[^key-73572ae59f0f1479bdbe398cf6deb9fe]: Sch. 5 para. 44 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 2; S.I. 2004/759, art. 13

[^key-5467f44b6fd9a8a83b6b53a64542733e]: Words in s. 29(1)(i) substituted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 1(1), Sch. para. 1(a)

[^key-68a55bccf445054f04af65d619cf357a]: Words in s. 29(2)(b) substituted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 1(1), Sch. para. 1(b)

[^key-96ef267f6b48eda59643e9822a61ad0c]: S. 29(1)(c) substituted for s. 29(1)(c)(d) (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), Sch. 1 para. 13 (with Sch. 2)

[^key-612b0bca1465d957f6d3b0b0ef65c1c4]: S. 29(1)(f) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 13 (with Sch. 2)

[^key-45bc67e52ccbf2a560f2a0af73bccf96]: S. 29(1)(e) substituted (coming into force in accordance with art. 1(4)-(7) (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008) of the amending S.I.) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), Sch. 6 para. 4 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

[^key-4680212912b5bdaea6538f2d1897640c]: Sch. 5 para. 38 repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 7; S.I. 2005/2800, art. 5(1)(3)

[^key-bc61e1b4cff2418deed63bd1b492c968]: S. 42(7) repealed (E.W.) (6.4.2006) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 11; S.I. 2006/751, art. 2(d)(iv)

[^key-9bed365af0cf2f953be6c8ca6e6f8710]: Sch. 7 para. 5 repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 52, Sch. 9; S.I. 2006/2603, art. 4(5)(c)(iv)(e), Sch.

[^key-7235274b57ff31d9da28532e867fe9e6]: Sch. 5 para. 21 repealed (1.2.2007 so far as relating to Welsh NHS bodies) by Health Act 2006 (c. 28), s. 83(7), Sch. 9; S.I. 2007/204, art. 4(c)

[^key-1b8768c1509e00f33a752de55676d79c]: Sch. 9 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 Pt. 2 para. 12 (with art. 4)

[^key-3944dc325073e4b403589f2266435b74]: S. 39 modified (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 2 para. 1(6)(d) (with Sch. 3 Pt. 1)

[^key-f917abfc4df646a2e15b2f113b518c51]: Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/1407, art. 1(1), Sch. 1 para. 13 (with art. 4)

[^key-49d0588122378fd55d6b98a861fb3c03]: Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(s) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(m); S.I. 2006/1407, art. 1(1), Sch. 1 Pt. 2 para. 13 (with art. 4)

[^key-45c3f0f65f67159e9f93cf7bc80db4fb]: Sch. 5 para. 1 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 Pt. 2 para. 12 (with art. 4)

[^key-6219163bb379b3776c8598d5dc9c1ce6]: Sch. 5 para. 2 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 Pt. 2 para. 12 (with art. 4)

[^key-f5a3c6bf3f38e380fe3be0d3eb265ee9]: Sch. 5 para. 3 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 Pt. 2 para. 12 (with art. 4)

[^key-89de5519d4f628a492620f6a74e35a04]: Sch. 5 para. 21 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 Pt. 2 para. 12 (with art. 4)

[^key-756f01b7166e698de5b622bf81d3483e]: Sch. 5 para. 25 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 Pt. 2 para. 12 (with art. 4)

[^key-f274d633ccfea729aabf152ba5de91b1]: Sch. 5 para. 26 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 Pt. 2 para. 12 (with art. 4)

[^key-9bbd69ac67bd3389b802c9407669757f]: Sch. 5 para. 28 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 Pt. 2 para. 12 (with art. 4)

[^key-354ba7d036f2555d989db5fa54bcc148]: Sch. 5 para. 29 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 Pt. 2 para. 12 (with art. 4)

[^key-26930c2943440e42eb9d43af9f0b82e0]: Sch. 5 para. 30 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 Pt. 2 para. 12 (with art. 4)

[^key-d54b05ecc90100adb47a753ead610f38]: Sch. 5 para. 34 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 Pt. 2 para. 12 (with art. 4)

[^key-c27fd78a4be322bf9620d8663b65d27e]: Sch. 5 para. 35 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 Pt. 2 para. 12 (with art. 4)

[^key-417aab1350d3242349d0d9d40cf8c783]: Sch. 5 para. 37 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 Pt. 2 para. 12 (with art. 4)

[^key-7ac9fcb0793ae77ab772328a7bf64829]: Sch. 5 para. 39 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 Pt. 2 para. 12 (with art. 4)

[^key-3ded9390ab7472a5a2ec1a2babb0e619]: Sch. 5 para. 40 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 Pt. 2 para. 12 (with art. 4)

[^key-db9303cd10d27609ce91b79ffd4e3291]: Sch. 5 para. 41 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 Pt. 2 para. 12 (with art. 4)

[^key-469388fdfdecdd96a2d2d8e10beb8d56]: Sch. 5 para. 42 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 Pt. 2 para. 12 (with art. 4)

[^key-4a74e14775ee3e54dd594b455c9ed85b]: Sch. 5 para. 46 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 Pt. 2 para. 12 (with art. 4)

[^key-6a7d79ea0069349a71707d60650392ec]: Sch. 5 para. 47 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 Pt. 2 para. 12 (with art. 4)

[^key-af39e09039650cc46b925bd391e29a11]: Sch. 5 para. 48 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 Pt. 2 para. 12 (with art. 4)

[^key-0609e9ba445899cf5a769508cae6cf49]: Sch. 9 Pt. 3 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 Pt. 2 para. 12 (with art. 4)

[^key-59d942dcf8003b5551494b5b262fa75b]: Ss. 6-10 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-b3b8fba11d190cc9bca15788ce1990e1]: Ss. 15-18 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-bb93eccf52dc6ff6e5a223477cf6d6b6]: Sch. 4 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-f319d87a0affc21f4e9d5483b5e6e78a]: Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-e721a929f5a6d15ff56c664b2c9a4bbf]: Sch. 5 paras. 31-33 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-cfac876db6919ff197eaaee4892f4d35]: Sch. 5 paras. 49-51 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-72dcf2cc2ed9ddbbb8595ea19ef7d601]: Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-06ff72ae7b2fa493aaac1d4a19c89282]: Sch. 8 paras. 1-9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-44e30116c24b401217b7e61d10580d55]: Sch. 8 paras. 23-27 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

[^key-fa89c8d10bd5a8a376d3a4e735627e82]: Sch. 8 paras. 32-37 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-a1e49732feb81131e6ef5500bcfaa1d5]: S. 1 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-5651a550c63b490e19f481047288facd]: S. 2(1)-(4) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-a4d8fd0216194e152be8ecd8e6061b2b]: S. 3 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-85787873fabebb2cefba2d63d28f67ed]: S. 4(2) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-1b974f1e5014f12f5429f10514cb0a48]: Words in s. 42(2) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-389b2d9a0b92eb70452bdb9392c8ad55]: S. 5 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

[^key-77dbb0a69eaf4b71020ca254f0340e13]: S. 19(1)-(5) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-aa6ef41cbf48130de71f3fe76653d7bf]: S. 20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-b92c904ca09ff5743e8fa3e6204a2b47]: S. 21 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-246674519311fa96f67d2aa1ff0dcdbc]: Words in s. 22(6)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 226 (with Sch. 3 Pt. 1)

[^key-9c2bb748dd6b3509298de0c8e62e0133]: S. 22(8) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-9ba7dc8571924436ec4ce7829b294b7d]: S. 22(9) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-785f0df1af76e6ea2ffa3b47ba4ea308]: S. 22(1)-(3) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-f818ef7a42b6456bc6a9b7d997acaa60]: S. 23 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-4e85c443883c5031b0a5a7eeb42c7372]: S. 24 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

[^key-33999e08b13525c2ad7e034aafefcadc]: S. 36 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

[^key-a5a883986a06194c3fbf598d34f499cc]: Words in s. 38(2) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

[^key-9581d69451678fa2b878c9f21747d4f4]: Words in s. 38(3) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

[^key-2aee76f5641b1a6362736814dd480695]: Sch. 3 para. 1 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)