National Health Service (Consequential Provisions) Act 2006

Meaning of “the consolidating Acts”

1

In this Act “the consolidating Acts” means—

• (a) the National Health Service Act 2006 (c. 41),

• (b) the National Health Service (Wales) Act 2006 (c. 42), and

• (c) this Act, to the extent that it reproduces the effect of provisions repealed or revoked by this Act.

Consequential amendments

2

Schedule 1 makes amendments consequential on the provisions of the consolidating Acts.

National Assembly for Wales (Transfer of Functions Order) 1999

3

• (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 a reference to the Act as amended.

• (2) For that purpose, and so far as the context requires, a reference in such an Act as amended by this Act to the National Health Service Act 2006 (c. 41) includes a reference to the National Health Service (Wales) Act 2006 (c. 42).

• (3) This section does not affect the power to make further Orders varying or omitting any reference in the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

Transitional and saving provision

4

Schedule 2 makes transitional and saving provision.

Transitory modifications

5

Schedule 3 makes transitory modifications.

Repeals and revocations

6

Schedule 4 makes repeals and revocations.

Extent and application

7

• (1) Subject to this section, this Act extends to England and Wales only.

• (2) The amendment, repeal or revocation of any provision by this Act has the same extent as the provision being amended, repealed or revoked.

• (3) But the repeal of—

• (a) section 57 of, and Schedule 11 to, the National Health Service Act 1977 (c. 49),

• (b) sections 126 and 128 of that Act to the extent that they apply in relation to the provisions mentioned in paragraph (a), and

• (c) section 1 of the National Health Service (Private Finance) Act 1997 (c. 56),

extends to England and Wales only.

• (4) The Secretary of State may by order provide that this Act, in its application to the Isles of Scilly, has effect with such modifications as may be specified in the order.

• (5) An order under subsection (4) has effect as if made under the National Health Service Act 2006 (and accordingly, sections 272 and 273 of that Act apply to any such order).

Short title and commencement

8

• (1) This Act may be cited as the National Health Service (Consequential Provisions) Act 2006.

• (2) Subject to this section, this Act comes into force on 1st March 2007.

• (3) In this section—

• “the 1977 Act” means the National Health Service Act 1977, and

• “the 2006 Act” means the Health Act 2006.

• (4) Subsection (5) applies to—

• (a) sections 33 and 35 to 38 of the Health Act 1999 (c. 8),

• (b) subsections (1) and (2) of section 40 of the Health and Social Care Act 2001 (c. 15) and section 28J of, and Schedule 8A to, the 1977 Act as inserted by those subsections,

• (c) subsection (7) of section 45 of the Nationality, Immigration and Asylum Act 2002 (c. 41) and paragraph 2(2B) of Schedule 8 to the 1977 Act as inserted by that subsection,

• (d) section 21 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43),

• (e) paragraph 74 of Schedule 25 to the Criminal Justice Act 2003 (c. 44),

• (f) paragraph 3 of the Schedule to the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056) and section 41B(2) and (6)(b) of the 1977 Act as amended by that paragraph,

• (g) sub-paragraphs (a) and (b) of paragraph 5 of that Schedule and section 4A(1) and (3) of the National Health Service and Community Care Act 1990 (c. 19) as amended by those sub-paragraphs,

• (h) sub-paragraph (c) of paragraph 5 of that Schedule and section 4A(4) of the National Health Service and Community Care Act 1990 as added by that sub-paragraph,

• (i) section 34 of the 2006 Act, and sections 42A and 42B of the 1977 Act as inserted by that section,

• (j) section 35 of the 2006 Act, and subsections (2B) and (2C) of section 42 of the 1977 Act as inserted by that section,

• (k) subsection (1) of section 36 of the 2006 Act, and section 43(2) of the 1977 Act as substituted by that subsection,

• (l) sections 37 to 41 of, and paragraphs 7 to 9, 11, 12(a), 13(2), (5) and (6), 15, 16, 17, 21(b), 22, 29, 46 and 50 of Schedule 8 to, the 2006 Act, and—

• (i) the 1977 Act,

• (ii) section 4A of the National Health Service and Community Care Act 1990,

• (iii) Schedule 1 to the Health and Social Care Act 2001, and

• (iv) section 17(1) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17),

to the extent that a provision mentioned in any of sub-paragraphs (i) to (iv), as amended by any of those provisions of the 2006 Act, relates to primary ophthalmic services,

• (m) subsection (2) of section 42 of the 2006 Act, and paragraph 2A(1)(b) and (ba) of Schedule 12 to the 1977 Act as substituted by that subsection,

• (n) subsection (3) of section 42 of the 2006 Act, and paragraph 2B of Schedule 12 to the 1977 Act as inserted by that subsection,

• (o) sections 44 to 55 of the 2006 Act, and section 78(3) of that Act so far as relating to those sections,

• (p) section 56 of, and paragraph 24(a) of Schedule 8 to, that Act and—

• (i) section 98 of the 1977 Act as substituted by section 56 of that Act, and

• (ii) Schedule 12B to the 1977 Act as inserted by that section, and

• (q) paragraphs 10, 12(b), 13(3) and (4), 14, 18, 19, 21(a), 24(b) and 25 of Schedule 8 to the 2006 Act and the 1977 Act as amended by those paragraphs.

• (5) To the extent that—

• (a) this Act repeals or revokes a provision to which this subsection applies, and

• (b) the provision has not come into force before the commencement of this Act,

the repeal or revocation by this Act does not come into force until the provision which is repealed or revoked comes into force; and the repeal or revocation comes into force immediately after, and to the extent that, the provision which is repealed or revoked comes into force.

• (6) Accordingly, the repeal or revocation by this Act of the provision does not affect any power to bring the provision into force.

• (7) The repeal by this Act of subsection (2) of section 62 of the Health Act 1999 (c. 8), to the extent that that subsection relates to section 38(1)(b) of that Act, does not come into force until the repeal of section 38(1)(b) comes into force.

• (8) The repeal by this Act of section 62(8) of that Act does not come into force until the repeal of section 37 of that Act comes into force.

SCHEDULE 1

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

1

The Voluntary Hospitals (Paying Patients) Act 1936 is amended as follows.

2

In section 1—

• (a) in the definition of “NHS trust” for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”, and

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

Polish Resettlement Act 1947 (c. 19)

3

The Polish Resettlement Act 1947 is amended as follows.

4

In section 4(1), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 ”.

National Assistance Act 1948 (c. 29)

5

The National Assistance Act 1948 is amended as follows.

6

In section 21(8), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

7

In section 24(7)—

• (a) for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”, and

• (b) for “section 16A of the National Health Service Act 1977” substitute “ section 18 of the National Health Service Act 2006 ”.

8

In section 29(6)(b), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

9

In section 47(8), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Law Reform (Personal Injuries) Act 1948 (c. 41)

10

The Law Reform (Personal Injuries) Act 1948 is amended as follows.

11

In section 2(4), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

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

12

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.

13

In Part 1 of Schedule 2—

• (a) in paragraph 15, for “any other body constituted under the National Health Service Act 1977” substitute “ any other body, other than an NHS foundation trust, constituted under the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”,

• (b) in paragraph 16—

• (i) omit “the National Health Service Act 1977, or”, and

• (ii) omit “Primary Care Trust, Health Authority or”.

Landlord and Tenant Act 1954 (c. 56)

14

The Landlord and Tenant Act 1954 is amended as follows.

15

In section 57(6), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

Pharmacy Act 1954 (c. 61)

16

The Pharmacy Act 1954 is amended as follows.

17

In section 13I, for subsection (1)(e) substitute—

(e) Schedule 13 to the National Health Service Act 2006,

.

Disabled Persons (Employment) Act 1958 (c. 33)

18

The Disabled Persons (Employment) Act 1958 is amended as follows.

19

In section 3(2), for “paragraph 2 of Schedule 8 to the National Health Service Act 1977” substitute “ paragraph 2 of Schedule 20 to the National Health Service Act 2006 or paragraph 2 of Schedule 15 to the National Health Service (Wales) Act 2006 ”.

Public Records Act 1958 (c. 51)

20

The Public Records Act 1958 is amended as follows.

21

In paragraph 3(2) of Schedule 1, in Part 1 of the Table, in the first entry relating to the Department of Health and Social Security—

• (a) for “or section 92 of the National Health Service Act 1977” substitute “ , section 92 of the National Health Service Act 1977, section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006 ”,

• (b) for “or section 90 or 91 of the National Health Service Act 1977” substitute “ , section 90 or 91 of the National Health Service Act 1977, section 218 of the National Health Service Act 2006 or paragraph 8 of Schedule 6 to that Act, or paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006 ”,

• (c) for “or under section 92 of the National Health Service Act 1977” substitute “ , under section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006, ”

• (d) for “that Act” substitute “ the National Health Service Act 1977, section 218 of the National Health Service Act 2006, paragraph 12 of Schedule 2 to, or paragraph 8 of Schedule 6 to, that Act, or paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006 ”.

Mental Health Act 1959 (c. 72)

22

The Mental Health Act 1959 is amended as follows.

23

In section 8—

• (a) in subsection (2), for “Schedule 8 to the National Health Service Act 1977” substitute “ Schedule 20 to the National Health Service Act 2006 or Schedule 15 to the National Health Service (Wales) Act 2006 ”, and

• (b) in subsection (4), for “Schedule 8 to the National Health Service Act 1977” substitute “ Schedule 20 to the National Health Service Act 2006 or Schedule 15 to the National Health Service (Wales) Act 2006 ”.

24

In section 142(2), for the words from the beginning to “relates” substitute “ Section 68(4) of the National Health Service Act 2006, and section 28(4) of the National Health Service (Wales) Act 2006 (which relate ”.

25

In section 154(2), for the words from the beginning to “extension” substitute “ Section 278(4) of the National Health Service Act 2006 (which provides for the application ”.

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

26

The Public Bodies (Admission to Meetings) Act 1960 is amended as follows.

27

In paragraph 1(l) of the Schedule, for “section 5(1) of the National Health Service and Community Care Act 1990” substitute “ section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 ”.

Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)

28

The Superannuation (Miscellaneous Provisions) Act 1967 is amended as follows.

29

In section 7—

• (a) in subsection (1)(a)(i), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”,

• (b) in subsection (1)(b), for “the said Act of 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, other than an NHS trust or an NHS foundation trust ”, and

• (c) in subsection (5), for “the said Act of 1977” substitute “ the National Health Service Act 2006 ”.

Abortion Act 1967 (c. 87)

30

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

Leasehold Reform Act 1967 (c. 88)

31

The Leasehold Reform Act 1967 is amended as follows.

32

In section 28(6)(c), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

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

33

The Health Services and Public Health Act 1968 is amended as follows.

34

In section 45(4)(b), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

35

In section 59(2), for “Part II of the National Health Service Act 1977” substitute “ Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006 ”.

36

In section 59(2B)—

• (a) in paragraph (a), for “section 28 of the Health and Social Care Act 2001” substitute “ section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006 ”, and

• (b) in paragraph (b), for “Schedule 8A to the National Health Service Act 1977” substitute “ Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006 ”.

37

In section 59(2C), for “Part 1 of the 1977 Act” (in both places) substitute “ the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ”.

38

In section 63—

• (a) in subsection (2)(aa), for “Part 1 of the 1977 Act” substitute “ either of the 2006 Acts ”,

• (b) in subsection (2)(b), for “Part II of the 1977 Act” substitute “ Chapter 1 of Part 7 of the National Health Service Act 2006, or Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006 ”,

• (c) in subsection (2)(bb), for the words from the first “established” to “1977 Act” substitute “ or an LPS scheme established under either of the 2006 Acts ”,

• (d) in subsection (5A), for the words from “section 126” to the end substitute—

(a) in the case of regulations made by the Secretary of State, section 272 of the National Health Service Act 2006 applies to regulations made under this subsection as if this subsection were contained in that Act, (b) in the case of regulations made by the Welsh Ministers, section 203 of the National Health Service (Wales) Act 2006 applies to regulations made under this subsection as if this subsection were contained in that Act.

,

• (e) in subsection (8)—

• (i) for the definition of the “1977 Act” substitute “2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 ”,

• (ii) in paragraph (a), for “1977” substitute “ 2006 ”, and

• (iii) in paragraph (b), for “National Health Service Act 1977” substitute “ 2006 Acts ”, and

• (f) in subsection (8A), for “1977 Act have the same meaning in this section as in that Act” substitute “ 2006 Acts have the same meaning in this section as in those Acts ”.

39

In section 64(3)—

• (a) in paragraph (a), in the second sub-paragraph (xvii), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 ”, and

• (b) in paragraph (b), for “Part II of the National Health Service Act 1977” substitute “ Chapter 1 of Part 7 of the National Health Service Act 2006, or Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006 ”.

40

In section 65(3)(b), in the second sub-paragraph (xix), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 ”.

Social Work (Scotland) Act 1968 (c. 49)

41

The Social Work (Scotland) Act 1968 is amended as follows.

42

In section 86(3)—

• (a) for “sections 2 and 3 of the National Health Service Act 1977” substitute “ sections 2 and 3 of the National Health Service Act 2006, sections 2 and 3 of the National Health Service (Wales) Act 2006 ”, and

• (b) for “Part 1 of the National Health Service and Community Care Act 1990” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ”.

Medicines Act 1968 (c. 67)

43

The Medicines Act 1968 is amended as follows.

44

In section 131(5), for “the National Health Service Act 1977” substitute “ the National Health Service Act 2006, the National Health Service (Wales) Act 2006, ”.

45