Health and Social Care (Community Health and Standards) Act 2003

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SCHEDULE 9

Public Records Act 1958 (c. 52)

1

In Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate places in Part 2 of the Table at the end of paragraph 3 insert the following entries— “ Commission for Healthcare Audit and Inspection ”; “ Commission for Social Care Inspection ”.

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

2

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bf) of paragraph 1 insert—

(bg) the Commission for Healthcare Audit and Inspection; (bh) the Commission for Social Care Inspection;

.

Parliamentary Commissioner Act 1967 (c. 13)

3

In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments subject to investigation), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”

Local Authority Social Services Act 1970 (c. 42)

4

In the Local Authority Social Services Act 1970, in Schedule 1, insert at the end—

Health and Social Care (Community Health and Standards) Act 2003
Section 114	Consideration of complaints.

Superannuation Act 1972 (c. 11)

5

In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which pension schemes may be made), at the appropriate places in the list of “Other Bodies” insert the following entries— “ The Commission for Healthcare Audit and Inspection. ”; “ The Commission for Social Care Inspection. ”.

6

The CHAI and the CSCI must each pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to paragraph 5 in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

House of Commons Disqualification Act 1975 (c. 24)

7

In the House of Commons Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

8

In the Northern Ireland Assembly Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”.

National Health Service Act 1977 (c. 49)

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Children Act 1989 (c. 41)

10

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Health Service Commissioners Act 1993 (c. 46)

11

• (1) The Health Service Commissioners Act 1993 has effect subject to the following amendments.

• (2) In section 4(4)(a), after “can be made” insert “ under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 or ”.

• (3) In section 11, after subsection (1B) insert—

(1C) Where a Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1E), he shall afford to the person or body whose maladministration is complained of an opportunity to comment on any allegations contained in the complaint.

• (4) In section 12(1A), for “or (1C)” substitute “ (1C) or (1E) ”.

• (5) In section 14, after subsection (2D) insert—

(2E) In any case where the Health Service Commissioner for England conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation— (a) to the person who made the complaint; (b) to any member of the House of Commons who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate); (c) to the person or body whose maladministration is complained of; (d) to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of; (e) to the Secretary of State. (2F) In any case where the Health Service Commissioner for England decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons— (a) to the person who made the complaint; or (b) to any such member of the House of Commons as is mentioned in subsection (2E)(b).

• (6) In section 14A, at the end insert—

(4) In any case where the Health Service Commissioner for Wales conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation— (a) to the person who made the complaint; (b) to any Assembly member who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer an Assembly member to such other member as the Commissioner thinks appropriate); (c) to the person or body whose maladministration is complained of; (d) to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of; (e) to the Assembly First Secretary. (5) In any case where the Health Service Commissioner for Wales decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons— (a) to the person who made the complaint; or (b) to any such member of the Assembly as is mentioned in subsection (4)(b).

• (7) In section 14B—

• (a) for “14A(1)”, in each place, substitute “ 14A ”, and

• (b) in subsection (2), for “or (1C)” substitute “ (1C) or (1E) ”.

Audit Commission Act 1998 (c. 18)

12

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Government of Wales Act 1998 (c. 38)

13

In Schedule 5 to the Government of Wales Act 1998, for paragraph 12A substitute—

(12A) The Commission for Healthcare Audit and Inspection.

Protection of Children Act 1999 (c. 14)

14

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Local Government Act 1999 (c. 27)

15

In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g) substitute—

(e) the Commission for Social Care Inspection;

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Care Standards Act 2000 (c. 14)

16

The Care Standards Act 2000 has effect subject to the following amendments.

17

In section 5, in paragraph (a), for “the National Care Standards Commission” substitute—

(i) the CHAI, in the case of independent hospitals, independent clinics and independent medical agencies; (ii) the CSCI, in the case of children’s homes, care homes, residential family centres, domiciliary care agencies, nurses agencies, fostering agencies, voluntary adoption agencies and adoption support agencies;

.

18

• (1) Section 8 is amended as follows.

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

• (3) At the end insert—

(6) In this section, “Part II services” means services of the kind provided by persons registered under Part II, other than the provision of— (a) medical or psychiatric treatment, or (b) listed services (as defined in section 2).

19

In section 10—

• (a) subsection (1) is omitted; and

• (b) in subsection (6)(b), for “by the Commission” substitute “ by the CHAI or the CSCI under this Act ”.

20

In section 11(4), for “the Commission” substitute “ the CHAI or the CSCI ”.

21

In section 23(4)(d), after the second “or” insert “ against a voluntary adoption agency or adoption support agency for an offence under ”.

22

In section 29(1)—

• (a) for “the Commission”, in the first place, substitute “ the CHAI or the CSCI (as appropriate) ”, and

• (b) for “the Commission”, in the second place, substitute “ either the CHAI or the CSCI ”.

23

In section 31—

• (a) in subsection (6), for “powers” substitute “ power ”; and

• (b) in subsection (7), for “the Commission” substitute “ the CHAI or the CSCI ”.

24

In section 36A for “the Commission”, in all places, substitute “ the CSCI ”.

25

In section 42, at the end insert—

(5) Regulations under subsection (1) made by the Secretary of State may in particular specify whether, for the purposes of the application of this Part to any person, the registration authority is to be the CHAI or the CSCI.

26

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27

In section 51(1), for the words from “in relation to” to “registration authority” substitute “ in England in relation to which powers conferred by section 80 of the Health and Social Care (Community Health and Standards) Act 2003 may be exercised to pay to the CSCI ”.

28

In section 55(3)(e)—

• (a) for “the Commission” substitute “ the CSCI ”;

• (b) for “section 31 or 46 of this Act” substitute “ section 31 of this Act or section 88 or 98 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

29

In section 113, after subsection (1) insert—

(1A) The powers conferred by this section are exercisable by the Secretary of State if he is satisfied that— (a) the CHAI or the CSCI has without reasonable excuse failed to discharge, or properly to discharge, any of its functions under this Act, or (b) in discharging any of its functions under this Act the CHAI or the CSCI has without reasonable excuse failed to comply with any directions given by him in relation to those functions.

30

In section 121, in the Table in subsection (13), insert the following entries at the appropriate places— “ CHAI Section 5A ”; and “ CSCI Section 5B ”.

Freedom of Information Act 2000 (c. 36)

31

In the Freedom of Information Act 2000, in Part 6 of Schedule 1, at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(i) of the Care Standards Act 2000. ”; “ Commission for Social Care Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(ii) of the Care Standards Act 2000. ”.

Adoption and Children Act 2002 (c. 38)

32

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SCHEDULE 10

1

Any payment made to or for the injured person under—

• (a) Chapter 2 of Part 7 of the Sentencing Code (compensation orders against convicted persons),

• (b) section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (corresponding provision in relation to Scotland), ...

• (c) Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (corresponding provision in relation to Northern Ireland) or

• (d) section 8 of the Modern Slavery Act 2015 (slavery and trafficking reparation orders).

2

Any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—

• (a) the injury suffered by the injured person, or

• (b) any connected injury suffered by another.

3

Any payment made out of property held for the purposes of a prescribed trust.

4

• (1) Any payment made to the injured person by an insurer under the terms of any contract of insurance entered into between the injured person and the insurer before the occurrence of the injury in question.

• (2) In sub-paragraph (1), “insurer” means—

• (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 (c. 8) to effect or carry out contracts of insurance, ...

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

• (3) Sub-paragraph (2) must be read with—

• (a) section 22 of the Financial Services and Markets Act 2000,

• (b) any relevant order under that section, and

• (c) Schedule 2 to that Act.

5

Any payment which apart from this paragraph would be made by—

• (a) the responsible body of the health service hospital to whom the payment would subsequently be passed under section 162,

• (b) the relevant ambulance trust to whom the payment would subsequently be passed under that section.

6

Any payment to the extent that it is made—

• (a) in consequence of an action under the Fatal Accidents Act 1976 (c. 30),

• (b) in consequence of an action under the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or

• (c) in circumstances where, had an action been brought, it would have been brought under that Act or Order.

7

Any payment to the extent that it is made in respect of a liability arising by virtue of any of sections 4 to 6 of the Damages (Scotland) Act 2011 (asp 7).

8

Any payment of a prescribed description, either generally or in such circumstances as may be prescribed.

SCHEDULE 11

National Health Service (Amendment) Act 1949 (c. 93)

1

• (1) The National Health Service (Amendment) Act 1949 (which is spent in relation to England and Wales) shall cease to have effect.

• (2) This paragraph extends to England and Wales only.

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

2

The Health Services and Public Health Act 1968 has effect subject to the following amendments.

3

• (1) Section 59 is amended as follows.

• (2) In subsection (1)—

• (a) after “local pharmaceutical services,” insert “ primary medical services, ”;

• (b) after “personal medical services,” insert “ primary dental services, ”.

• (3) In subsection (2), after “1977” insert “ (in the case of pharmaceutical services) ”.

• (4) In subsection (2A), omit “section 28C of the 1977 Act,”.

• (5) After subsection (2B) insert—

(2C) In subsection (1), the references to primary medical services and primary dental services are references to primary medical services and primary dental services provided under Part 1 of the 1977 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.

4

In section 63(2)—

• (a) after paragraph (a) insert—

(aa) the provision or performance of a primary medical service or primary dental service under Part 1 of the 1977 Act and an activity involved in or connected with the provision or performance of such a service;

;

• (b) in paragraph (ba), omit “section 28C of the 1977 Act or”.

5

In section 64(3)(b), after “make arrangements” insert “ or any service which a Primary Care Trust or Local Health Board is under a duty to provide under section 16CA or 16CC of that Act ”.

Patents Act 1977 (c. 37)

6

• (1) Section 56(4)(a) of the Patents Act 1977 is amended as follows.

• (2) After “the provision of—” insert—

(ai) primary medical services or primary dental services under Part 1 of the National Health Service Act 1977, or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man, or

.

• (3) In sub-paragraph (i), after “1977” insert “ (in the case of pharmaceutical services) ”.

• (4) In sub-paragraph (ii), omit “section 28C of the 1977 Act,”.

National Health Service Act 1977 (c. 49)

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9

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11

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12

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21

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23

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24

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25

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26

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27

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28

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29

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30

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31

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32

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33

• (1) Section 98 is amended as follows.

• (2) In subsection (1)—

• (a) insert “ and ” at the end of paragraph (dd);

• (b) omit paragraph (e) and the preceding “and”.

• (3) In subsection (4)—

• (a) in paragraph (a), omit the words from “, other than” to the end;

• (b) omit paragraph (b).

34

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35

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36

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37

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38

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39

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40

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41

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44

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45

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

46

• (1) Section 17D of the National Health Service (Scotland) Act 1978 is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (b)(ii), after “arrangements or” insert “ primary medical services in accordance with ”;

• (b) in paragraph (c)(ii), after “arrangements or” insert “ primary dental services in accordance with ”.

• (3) In subsection (2), in the definition of “NHS employee”—

• (a) in paragraph (b)(ii), after “arrangements or” insert “ primary medical services in accordance with ”;

• (b) in paragraph (c)(i), for “36(1)(a)” substitute “ 28X ”;

• (c) in paragraph (c)(ii), after “arrangements or” insert “ primary dental services in accordance with ”.

Medical Act 1983 (c. 54)

47

The Medical Act 1983 is amended as follows.

48

In section 11(4), in the definition of “medical practice”—

• (a) after “practitioners—” insert—

(za) perform primary medical services under Part 1 of the National Health Service Act 1977; or

;

• (b) in paragraph (a), omit “Part II of the National Health Service Act 1977,”;

• (c) in paragraph (b), omit “section 28C of the 1977 Act,”.

49

In section 12(2)(a), for “general medical services under Part II of the National Health Service Act 1977,” substitute “ primary medical services under Part 1 of the National Health Service Act 1977 or general medical services under ”.

Dentists Act 1984 (c. 24)

50

In section 40(2) of the Dentists Act 1984, after paragraph (a) insert—

(aa) by a person providing primary dental services under section 28C of the National Health Service Act 1977 or under a contract under section 28K of that Act, or

.

Community Health Councils (Access to Information) Act 1988 (c. 24)

51

In section 1(6) of the Community Health Councils (Access to Information) Act 1988, in the paragraph 6B inserted into Schedule 12A of the Local Government Act 1972 (c. 70)—

• (a) after paragraph (a) insert—

(aa) any particular person who is or was formerly included in, or is an applicant for inclusion in, a list under section 28X of that Act; or (ab) any particular person who is or was formerly providing services under a contract under section 28K or section 28Q of that Act; or

;

• (b) in paragraph (b), for “such a person” substitute “ a person mentioned in paragraphs (a) to (ab) above ”.

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

52

In section 240(4) of the Copyright, Designs and Patents Act 1988—

• (a) after “providing—” insert—

(za) primary medical services or primary dental services under Part 1 of the National Health Service Act 1977

;

• (b) in paragraph (a)(i), after “1977” insert “ (in the case of pharmaceutical services) ”;

• (c) omit paragraph (b)(i).

Health and Medicines Act 1988 (c. 49)

53

The Health and Medicines Act 1988 has effect subject to the following amendments.

54

In section 12(1)—

• (a) omit “The Dental Estimates Board shall be renamed as “the Dental Practice Board” and”;

• (b) in paragraph (a), omit “for any reference to the Dental Estimates Board there were substituted a reference to the Dental Practice Board and”;

• (c) in paragraph (b)—

• (i) omit “the Dental Estimates Board or”,

• (ii) for “either or both of those Boards” substitute “ that Board ”, and

• (iii) omit “the Dental Practice Board and”.

55

In section 17(1)—

• (a) omit “29, 36”;

• (b) for “39 or 42” substitute “ 38, 39, 41 or 42 ”.

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

56

• (1) Section 18 of the National Health Service and Community Care Act 1990 is amended as follows (for so long as it has effect).

• (2) In subsection (1), for “Health Authority”, in each place, substitute “ Local Health Board ”.

• (3) In subsection (3), for paragraphs (a) and (b) substitute—

(a) a person or body who has entered into a contract under section 28Q of the principal Act, otherwise than in partnership; or (b) two or more individuals practising in partnership who together have entered into such a contract,

.

• (4) In subsections (4) and (5), for “Health Authority”, in each place, substitute “ Local Health Board ”.

• (5) At the end insert—

(9) In this section, references to the “relevant” Primary Care Trust or Local Health Board, in relation to a practice, are to the Primary Care Trust or Local Health Board with which it has entered into a contract under section 28Q of the principal Act.

Access to Health Records Act 1990 (c. 23)

57

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

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

(a) in the case of a record made by a health professional performing primary medical services under a general medical services contract made with a Primary Care Trust or Local Health Board, the person or body who entered into the contract with the Trust or Board (or, in a case where more than one person so entered into the contract, any such person); (aa) in the case of a record made by a health professional performing such services in accordance with arrangements under section 28C of that Act with a Primary Care Trust, Strategic Health Authority or Local Health Board, the person or body which made the arrangements with the Trust, Authority or Board (or, in a case where more than one person so made the arrangements, any such person);

.

• (3) In that subsection, in paragraph (b), after “by a health service body” insert “ (and not falling within paragraph (aa) above) ”.

• (4) In section 7—

• (a) in subsection (2), omit the words from “(other” to “section 1(2)(a) above)”; and

• (b) omit subsection (3).

• (5) In section 11—

• (a) at the appropriate place, insert—

“general medical services contract” means a contract under section 28Q of the National Health Service Act 1977;

;

• (b) omit the definition of “general practitioner”.

• (6) This paragraph extends to England and Wales only.

Water Industry Act 1991 (c. 56)

58

In Schedule 4A to the Water Industry Act 1991, for paragraph 7 substitute—

(7) Premises not falling within paragraph 5 or 6 above which are used for the provision of primary medical services or primary dental services under Part 1 of the National Health Service Act 1977.

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

59

• (1) Section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

• (2) In paragraph (a), omit “28C, 29, 35”.

• (3) Renumber the existing provision as subsection (1).

• (4) After that provision insert—

(2) In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services— (a) in accordance with arrangements made by a Primary Care Trust, Strategic Health Authority or Local Health Board under section 28C of the National Health Service Act 1977; or (b) under a contract under section 28K or 28Q of that Act entered into by him with a Primary Care Trust or Local Health Board, and “employer” in relation to such an individual, regarded in that capacity, means that Trust, Authority or Board.

Health Service Commissioners Act 1993 (c. 46)

60

The Health Service Commissioners Act 1993 has effect subject to the following amendments.

61

In section 2—

• (a) in subsection (1)(c), for the words from “exercising” to the end substitute “ not exercising functions only or mainly in Wales ”;

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

62

• (1) Section 2A is amended as follows.

• (2) In subsection (1)—

• (a) for paragraph (a) substitute—

(a) persons (whether individuals or bodies) providing services under a contract entered into by them with a Primary Care Trust under section 28K or 28Q of the National Health Service Act 1977

;

• (b) in paragraph (c), for “personal”, in both places, substitute “ primary ”.

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

63

In section 6(5)—

• (a) omit “29, 36”;

• (b) for “39 or 42” substitute “ 38, 39, 41 or 42 ”.

64

In section 18(1), after “partly” insert “ or wholly ”.

Employment Rights Act 1996 (c. 18)

65

• (1) Section 43K of the Employment Rights Act 1996 is amended as follows.

• (2) In subsection (1), after paragraph (b) insert—

(ba) works or worked as a person performing services under a contract entered into by him with a Primary Care Trust or Local Health Board under section 28K or 28Q of the National Health Service Act 1977,

.

• (3) In subsection (2), after paragraph (a) insert—

(aa) in relation to a worker falling within paragraph (ba) of that subsection, the Primary Care Trust or Local Health Board referred to in that paragraph,

.

Education Act 1996 (c. 56)

66

In section 520(1) of the Education Act 1996, for “(1A)” substitute “ 16CB ”.

Health Act 1999 (c. 8)

67

In Schedule 3 to the Health Act 1999, in paragraph 11(2)—

• (a) in sub-paragraph (c), for the words from “provide” to “under” substitute “ perform primary medical services under Part 1 of ”;

• (b) in sub-paragraph (d), for the words from “provide” to “under” substitute “ perform primary dental services under Part 1 of ”.

Freedom of Information Act 2000 (c. 36)

68

In Schedule 1 to the Freedom of Information Act 2000, in Part 3, before paragraph 44 insert—

(43A) Any person providing primary medical services or primary dental services— (a) in accordance with arrangements made under section 28C of the National Health Service Act 1977; or (b) under a contract under section 28K or 28Q of that Act; in respect of information relating to the provision of those services.

Health and Social Care Act 2001 (c. 15)

69

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

70

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

71

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

72

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

73

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

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

74

• (1) Section 17 of the National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

• (2) In subsection (1)—

• (a) after paragraph (f) insert—

(fb) persons providing primary medical services, primary dental services or primary ophthalmic services under Part 1 of the 1977 Act,

; and

• (b) in paragraph (g), omit the words from “or under” to “that Act”.

• (3) In subsection (2), for “(1)(g)” substitute “ (1)(fa), (g) ”.

SCHEDULE 12

Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)

1

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

Medical Act 1983 (c. 54)

2

• (1) Schedule 1 to the Medical Act 1983 (the General Medical Council) is amended as follows.

• (2) In paragraph 4(1) (nominated members) for the words “Her Majesty on the advice of Her Privy Council” there are substituted “ the Privy Council ”.

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

Dentists Act 1984 (c. 24)

3

• (1) Schedule 1 to the Dentists Act 1984 (the General Dental Council) is amended as follows.

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

• (3) In paragraph 2 (lay members) for sub-paragraphs (2) and (3) there are substituted the following—

(2) The lay members shall be appointed by the Privy Council. (3) The lay members must include at least one person from each of England, Scotland, Wales and Northern Ireland. (4) A person is from England, Scotland, Wales or Northern Ireland (as the case may be) if he lives or works there or mainly lives or works there.

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

Opticians Act 1989 (c. 44)

4

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

Osteopaths Act 1993 (c. 21)

5

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

Chiropractors Act 1994 (c. 17)

6

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

The Nursing and Midwifery Order 2001 (S.I. 2002/253)

7

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

The Health Professions Order 2001 (S.I. 2002/254)

8

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

SCHEDULE 13

Parliamentary Commissioner Act 1967 (c. 13)

1

In paragraph 8(1) of Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to examination) the words “or by the Public Health Laboratory Service Board” are omitted.

House of Commons Disqualification Act 1975 (c. 24)

2

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) the entry relating to the Chairman of the Public Health Laboratory Service Board is omitted.

Race Relations Act 1976 (c. 74)

3

In Part 2 of Schedule 1A to the Race Relations Act 1976 (additional bodies subject to a general statutory duty) the entry relating to the Public Health Laboratory Service Board is omitted.

National Health Service Act 1977 (c. 49)

4

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

Income and Corporation Taxes Act 1988 (c. 1)

5

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

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

6

In the National Health Service and Community Care Act 1990—

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

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

• (c) in section 60(7) (removal of Crown immunities) paragraph (h) and the word “and” preceding it are omitted.

Health Service Commissioners Act 1993 (c. 46)

7

In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation) paragraph (g) and the word “and” preceding it are omitted.

Employment Rights Act 1996 (c. 18)

8

In section 218(10) (list of health service employers affected by continuity of employment provisions) paragraph (e) and the word “and” preceding it are omitted.

Government of Wales Act 1998 (c. 38)

9

• (1) In Schedule 5 to the Government of Wales Act 1998 (bodies covered by power of Assembly to require under section 74 of that Act certain persons to attend and give evidence and produce documents), paragraph 39 is omitted.

• (2) But sub-paragraph (1) does not affect a requirement made—

• (a) before this paragraph comes into force;

• (b) in relation to any matter which occurred or existed before that time.

Freedom of Information Act 2000 (c. 36)

10

In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act) paragraph 43 is omitted.

International Development Act 2002 (c. 1)

11

In Schedule 1 to the International Development Act 2002 (bodies with power to enter into certain arrangements) the words “Public Health Laboratory Service Board” are omitted.

Nationality, Immigration and Asylum Act 2002 (c. 41)

12

In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (disclosure of certain information to health service bodies)—

• (a) in paragraph (a) the word “ or ” is inserted after sub-paragraph (iii) and sub-paragraph (v) and the word “or” preceding it are omitted;

• (b) in paragraph (b) the word “ or ” is inserted after sub-paragraph (i) and sub-paragraph (iii) and the word “or” preceding it are omitted.

SCHEDULE 14

Part 1 — NHS foundation trusts

Part 2 — Standards

Part 3 — Recovery of NHS charges

Part 4 — Dental and medical services

Part 5 — Replacement of Welfare Food Schemes

Part 6 — Loans by Secretary of State to NHS trusts

Part 7 — Abolition of the Public Health Laboratory Service Board

NHS foundation trusts

Dissolution etc.

Functions relating to Secretary of State and Assembly

Reviews of data

Commission for Patient and Public Involvement in Health

Taxation

Boarding schools and colleges

The Commission for Healthcare Audit and Inspection

Assembly: duties relating to children

Complaints about social services

Complaints about handling of complaints

Meaning of “independent medical agency”

Reviews and investigations

Information and inspection

Boarding schools and colleges

Secure training centres

Complaints regulations: supplementary

Complaints: data protection

Reviews and investigations

References to the provision of health care

Liability to pay NHS charges

Appeal tribunals

Liability to pay NHS charges

Use of information held by the Secretary of State or the Scottish Ministers etc.

Replacement of the Welfare Food Schemes: Great Britain

Dental public health

Appeal tribunals

Complaints about handling of complaints

Co-operation etc

Inquiries: CSCI

Assembly: duties relating to children

Applications for certificates of NHS charges

Replacement of the Welfare Food Schemes: Great Britain

Requirement for a constitution

Eligibility for membership

Constituencies

Becoming a member

Board of Governors

Directors

Initial directors of former NHS trusts

Register of members etc.

Auditor

Accounts

Annual reports and forward plans

Meeting of board of governors to consider annual accounts and reports

Instruments etc.

Membership

Tenure of office

Remuneration and pensions

Staff

Superannuation

Procedure

Delegation of functions

General powers

Specific powers

Finance

Reports and other information

Seal and evidence

General

Amendments

The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

The National Assistance Act 1948 (c. 29)

The Public Records Act 1958 (c. 51)

The Human Tissue Act 1961 (c. 54)

The Abortion Act 1967 (c. 87)

The Leasehold Reform Act 1967 (c. 88)

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

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

The Local Government Act 1972 (c. 70)

The House of Commons Disqualification Act 1975 (c. 24)

The Race Relations Act 1976 (c. 74)

The National Health Service Act 1977 (c. 49)

The Acquisition of Land Act 1981 (c. 67)

The Mental Health Act 1983 (c. 20)

The National Audit Act 1983 (c. 44)

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

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

The Company Directors Disqualification Act 1986 (c. 46)

The AIDS (Control) Act 1987 (c. 33)

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

The Road Traffic Act 1988 (c. 52)

The Children Act 1989 (c. 41)

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

The Town and Country Planning Act 1990 (c. 8)

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

The Water Industry Act 1991 (c. 56)

The London Local Authorities Act 1991 (c. xiii)

The Health Service Commissioners Act 1993 (c. 46)

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

The Value Added Tax Act 1994 (c. 23)

The Employment Rights Act 1996 (c. 18)

The Housing Grants, Construction and Regeneration Act 1996 (c. 53)

The Education Act 1996 (c. 56)

The Data Protection Act 1998 (c. 29)

The Health Act 1999 (c. 8)

The Care Standards Act 2000 (c. 14)

The Freedom of Information Act 2000 (c. 36)

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

The Anti-terrorism, Crime and Security Act 2001 (c. 24)

The International Development Act 2002 (c. 1)

The National Health Service Reform and Health Care Professions Act 2002 (c. 17)

The Adoption and Children Act 2002 (c. 38)

The Nationality, Immigration and Asylum Act 2002 (c. 41)

The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

General duty

Right to documents and information

Reports

Referral to regulator

Audit of accounts of directors or officers

Restriction on disclosure of information

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Public Records Act 1958 (c. 52)

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

Parliamentary Commissioner Act 1967 (c. 13)

Local Authority Social Services Act 1970 (c. 42)

Superannuation Act 1972 (c. 11)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

National Health Service Act 1977 (c. 49)

Children Act 1989 (c. 41)

Health Service Commissioners Act 1993 (c. 46)

Audit Commission Act 1998 (c. 18)

Government of Wales Act 1998 (c. 38)

Protection of Children Act 1999 (c. 14)

Local Government Act 1999 (c. 27)

Care Standards Act 2000 (c. 14)

Freedom of Information Act 2000 (c. 36)

Adoption and Children Act 2002 (c. 38)

National Health Service (Amendment) Act 1949 (c. 93)

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

Patents Act 1977 (c. 37)

National Health Service Act 1977 (c. 49)

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

Medical Act 1983 (c. 54)

Dentists Act 1984 (c. 24)

Community Health Councils (Access to Information) Act 1988 (c. 24)

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

Health and Medicines Act 1988 (c. 49)

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

Access to Health Records Act 1990 (c. 23)

Water Industry Act 1991 (c. 56)

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

Health Service Commissioners Act 1993 (c. 46)

Employment Rights Act 1996 (c. 18)

Education Act 1996 (c. 56)

Health Act 1999 (c. 8)

Freedom of Information Act 2000 (c. 36)

Health and Social Care Act 2001 (c. 15)

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)

Medical Act 1983 (c. 54)

Dentists Act 1984 (c. 24)

Opticians Act 1989 (c. 44)

Osteopaths Act 1993 (c. 21)

Chiropractors Act 1994 (c. 17)

The Nursing and Midwifery Order 2001 (S.I. 2002/253)

The Health Professions Order 2001 (S.I. 2002/254)

Parliamentary Commissioner Act 1967 (c. 13)

House of Commons Disqualification Act 1975 (c. 24)

Race Relations Act 1976 (c. 74)

National Health Service Act 1977 (c. 49)

Income and Corporation Taxes Act 1988 (c. 1)

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

Health Service Commissioners Act 1993 (c. 46)

Employment Rights Act 1996 (c. 18)

Government of Wales Act 1998 (c. 38)

Freedom of Information Act 2000 (c. 36)

International Development Act 2002 (c. 1)

Nationality, Immigration and Asylum Act 2002 (c. 41)

Editorial notes