National Health Service and Community Care Act 1990
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in subsection (1) for the words “Schedule 5 to this Act” there shall be substituted “Schedule 1 to the National Health Service and Community Care Act 1990”;
any reference to an area or an Area Health Authority shall be omitted; and
subsection (5) (consultation before making orders under subsection (2)) shall be omitted.
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any person who became a member of a Regional or District Health Authority under Part I of Schedule 5 to the principal Act shall cease to be such a member; and
any person who, by virtue of an order under section 11 of the principal Act, became a member of a special health authority which is a relevant authority for the purposes of paragraph 9(1) of Schedule 5 to that Act (as amended by Part III of Schedule 1 to this Act) shall cease to be such a member.
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On and after the day appointed for the coming into force of this subsection— and the generality of this subsection is not affected by any express amendment made by this Act.
each existing Family Practitioner Committee shall be known as a Family Health Services Authority; and
any reference in any enactment to a Family Practitioner Committee shall be construed as a reference to a Family Health Services Authority;
In subsection (1) above “enactment” means—
an enactment passed before the day appointed for the coming into force of subsection (1) above; and
an enactment comprised in subordinate legislation made before that day.
In section 10 of the principal Act (Family Health Services Authorities)—
for the words “Schedule 5 to this Act” there shall be substituted “Schedule 1 to the National Health Service and Community Care Act 1990”; and
subsection (7) (consultation before making orders under subsection (4)) shall be omitted.
Part II of Schedule 1 to this Act shall have effect in place of Part II of Schedule 5 to the principal Act (membership of Family Practitioner Committees).
At the end of the day appointed for the coming into force of this subsection, any person who became a member of a Family Practitioner Committee under Part II of Schedule 5 to the principal Act (including a person holding office as chairman of such a committee) shall cease to be a member and, accordingly, in the case of a chairman, shall also cease to be chairman.
Nothing in this section shall cause a Family Health Services Authority to be included in the expression “health authority”, as defined in the principal Act.
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Any reference in this Act to the primary functions of a Regional, District or Special Health Authority is a reference to those functions for the time being exercisable by the authority by virtue of directions under section 11, section 13 or section 14 of the principal Act; and any reference in this Act to the primary functions of a Family Health Services Authority is a reference to the functions for the time being exercisable by the authority by virtue of this Act or section 15 of the principal Act.
In addition to carrying out its primary functions, a Regional, District or Special Health Authority or a Family Health Services Authority may, as the provider, enter into an NHS contract (as defined in section 4 below) under which the goods or services to be provided are of the same description as goods or services which the authority already provides or could provide for the purposes of carrying out its primary functions.
In section 16 of the principal Act (exercise of functions), in subsection (1) for the words from “an Area”, in the first place where they occur, to “Health Authority” in the second place where those words occur, there shall be substituted “a Regional or District Health Authority, or exercisable by a Regional or District Health Authority by virtue of any prescribed provision of this or any other Act, or exercisable by a Family Health Services Authority under Part I of the National Health Service and Community Care Act 1990”.
In section 17 of the principal Act (directions as to exercise of functions), in subsection (1) after the words “sections 13 to 16 above” there shall be inserted “and may also give directions with respect to the exercise by health authorities or Family Health Services Authorities of functions under the National Health Service and Community Care Act 1990”.
Nothing in this section or in the principal Act affects the power of a Regional, District or Special Health Authority at any time to provide goods or services under the principal Act for the benefit of an individual where—
the provision of those goods or services is neither within the primary functions of the authority nor carried out pursuant to an NHS contract; but
the condition of the individual is such that he needs those goods or services and, having regard to his condition, it is not practicable before providing them to enter into an NHS contract for their provision.
In any case where— the authority providing the goods or services shall be remunerated in respect of that provision by that other health authority or health board.
a Regional, District or Special Health Authority provides goods or services for the benefit of an individual as mentioned in subsection (5) above, and
the provision of those goods or services is within the primary functions of another health authority or is a function of a health board,
The rate of any remuneration payable by virtue of subsection (6) above shall be calculated in such manner or on such basis as may be determined by the Secretary of State.
In any case where— the authority shall be remunerated by the Secretary of State in respect of the provision of the goods or services in question at such rate or rates as he considers appropriate.
a Regional, District or Special Health Authority provides goods or services for the benefit of an individual, and
the provision of those goods or services is not pursuant to an NHS contract, and
the individual is resident outside the United Kingdom and is of a description (being a description associating the individual with another country) specified for the purposes of this subsection by a direction made by the Secretary of State,
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In this Act the expression “NHS contract” means an arrangement under which one health service body (“the acquirer”) arranges for the provision to it by another health service body (“the provider”) of goods or services which it reasonably requires for the purposes of its functions.
In this section “health service body” means any of the following, namely,—
a health authority;
a health board;
the Common Services Agency for the Scottish Health Service;
a Family Health Services Authority;
an NHS trust;
a recognised fund-holding practice;
the Dental Practice Board or the Scottish Dental Practice Board;
the Public Health Laboratory Service Board; and
the Secretary of State.
Whether or not an arrangement which constitutes an NHS contract would, apart from this subsection, be a contract in law, it shall not be regarded for any purpose as giving rise to contractual rights or liabilities, but if any dispute arises with respect to such an arrangement, either party may refer the matter to the Secretary of State for determination under the following provisions of this section.
If, in the course of negotiations intending to lead to an arrangement which will be an NHS contract, it appears to a health service body— that health service body may refer the terms of the proposed arrangement to the Secretary of State for determination under the following provisions of this section.
that the terms proposed by another health service body are unfair by reason that the other is seeking to take advantage of its position as the only, or the only practicable, provider of the goods or services concerned or by reason of any other unequal bargaining position as between the prospective parties to the proposed arrangement, or
that for any other reason arising out of the relative bargaining position of the prospective parties any of the terms of the proposed arrangement cannot be agreed,
Where a reference is made to the Secretary of State under subsection (3) or subsection (4) above, the Secretary of State may determine the matter himself or, if he considers it appropriate, appoint a person to consider and determine it in accordance with regulations.
By his determination of a reference under subsection (4) above, the Secretary of State or, as the case may be, the person appointed under subsection (5) above may specify terms to be included in the proposed arrangement and may direct that it be proceeded with; and it shall be the duty of the prospective parties to the proposed arrangement to comply with any such directions.
A determination of a reference under subsection (3) above may contain such directions (including directions as to payment) as the Secretary of State or, as the case may be, the person appointed under subsection (5) above considers appropriate to resolve the matter in dispute; and it shall be the duty of the parties to the NHS contract in question to comply with any such directions.
Without prejudice to the generality of his powers on a reference under subsection (3) above, the Secretary of State or, as the case may be, the person appointed under subsection (5) above may by his determination in relation to an arrangement constituting an NHS contract vary the terms of the arrangement or bring it to an end; and where an arrangement is so varied or brought to an end—
subject to paragraph (b) below, the variation or termination shall be treated as being effected by agreement between the parties; and
the directions included in the determination by virtue of subsection (7) above may contain such provisions as the Secretary of State or, as the case may be, the person appointed under subsection (5) above considers appropriate in order satisfactorily to give effect to the variation or to bring the arrangement to an end.
In subsection (2) above “NHS trust” includes—
such a trust established under the National Health Service (Scotland) Act 1978; and
a body established in Northern Ireland and specified by an order made by statutory instrument by the Secretary of State as equivalent to an NHS trust established under this Part of this Act.
This section applies to any arrangement under which a Strategic Health Authority,a Primary Care Trust, a Health Authority or such other health service body as may be prescribed arrange for the provision to them— of goods or services that they reasonably require for the purposes of functions which they are exercising under Part I of the principal Act other than under section 16CD of that Act.
by a person on an ophthalmic list, . . .
by a contractor under a general ophthalmic services contract, or
by a person on a pharmaceutical list,
Any such arrangement is to be treated as an NHS contract for the purposes of section 4 (other than subsections (4) and (6)).
In this section— “general ophthalmic services contract” and “contractor” under such a contract have the meanings given by section 28WA of the principal Act; “health service body” means a body which is a health service body for the purposes of section 4; “ophthalmic list” means a list published in accordance with regulations made under— section 39(1)(a) of the principal Act; section 26(2)(a) of the National Health Service (Scotland) Act 1978; or Article 62(2)(a) of the Health and Personal Social Services (Northern Ireland) Order 1972; and “pharmaceutical list” means a list published in accordance with regulations made under— section 42(2)(a) of the principal Act; section 27(2) of the National Health Service (Scotland) Act 1978; or Article 63(2A)(a) of the 1972 Order.
In subsection (3), in paragraph (b) of the definition of “ophthalmic list” the reference to a list published in accordance with regulations made under paragraph (a) of section 26(2) of the National Health Service (Scotland) Act 1978 is a reference to the first part of the list (referred to in sub-paragraph (i) of that paragraph) which is published in accordance with regulations under that paragraph.
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Subject to subsection (2) or, as the case may be, subsection (3) below the Secretary of State may by order establish bodies, to be known as National Health Service trusts (in this Act referred to as NHS trusts),—
to assume responsibility, in accordance with this Act, for the ownership and management of hospitals or other establishments or facilities which were previously managed or provided by Regional, District or Special Health Authorities; or
to provide and manage hospitals or other establishments or facilities.
In any case where the Secretary of State is considering whether to make an order under subsection (1) above establishing an NHS trust and the hospital, establishment or facility concerned is or is to be situated in England, he shall direct the relevant Regional Health Authority to consult, with respect to the proposal to establish the trust,— and, within such period (if any) as the Secretary of State may determine, the relevant Regional Health Authority shall report the results of those consultations to the Secretary of State.
the relevant Community Health Council and such other persons or bodies as may be specified in the direction; and
such other persons or bodies as the Authority considers appropriate;
In any case where the Secretary of State is considering whether to make an order under subsection (1) above establishing an NHS trust and the hospital, establishment or facility concerned is or is to be situated in Wales, he shall consult the relevant Community Health Council and such other persons and bodies as he considers appropriate.
In subsections (2) and (3) above—
any reference to the relevant Regional Health Authority is a reference to that Authority in whose region the hospital, establishment or other facility concerned is, or is to be, situated; and
any reference to the relevant Community Health Council is a reference to the Council for the district, or part of the district, in which that hospital, establishment or other facility is, or is to be, situated.
Every NHS trust—
shall be a body corporate having a board of directors consisting of a chairman appointed by the Secretary of State and, subject to paragraph 5(2) of Schedule 2 to this Act, executive and non-executive directors (that is to say, directors who, subject to subsection (7) below, respectively are and are not employees of the trust); and
shall have the functions conferred on it by an order under subsection (1) above and by Schedule 2 to this Act.
The functions specified in an order under subsection (1) above shall include such functions as the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities.
The Secretary of State may by regulations make general provision with respect to—
the qualifications for and the tenure of office of the chairman and directors of an NHS trust (including the circumstances in which they shall cease to hold, or may be removed from, office or may be suspended from performing the functions of the office);
the persons by whom the directors and any of the officers are to be appointed and the manner of their appointment;
the maximum and minimum numbers of the directors;
the circumstances in which a person who is not an employee of the trust is nevertheless, on appointment as a director, to be regarded as an executive rather than a non-executive director;
the proceedings of the trust (including the validation of proceedings in the event of a vacancy or defect in appointment); and
the appointment, constitution and exercise of functions by committees and sub-committees of the trust (whether or not consisting of or including any members of the board) and, without prejudice to the generality of the power, any such regulations, may make provision to deal with cases where the post of any officer of an NHS trust is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.
Part I of Schedule 2 to this Act shall have effect with respect to orders under subsection (1) above; Part II of that Schedule shall have effect, subject to subsection (9) below, with respect to the general duties and the powers and status of NHS trusts; the supplementary provisions of Part III of that Schedule shall have effect; and Part IV of that Schedule shall have effect with respect to the dissolution of NHS trusts.
The specific powers conferred by paragraphs 14 and 15 in Part II of Schedule 2 to this Act may be exercised only to the extent that—
the exercise will not interfere with the duties of the trust to comply with directions under paragraph 6 of that Schedule; and
the exercise will not to any significant extent interfere with the performance by the trust of its obligations under any NHS contract or any obligations imposed by an order under subsection (1) above.
The Secretary of State may by order made by statutory instrument confer on NHS trusts specific powers additional to those contained in paragraphs 10 to 15 of Schedule 2 to this Act.
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Subject to subsection (5) below, this section applies to any person who, immediately before an NHS trust’s operational date—
is employed by a health authority to work solely at, or for the purposes of, a hospital or other establishment or facility which is to become the responsibility of the trust; or
is employed by a health authority to work at, or for the purposes of, such a hospital, establishment or facility and is designated for the purposes of this section by a scheme made by the health authority specified as mentioned in paragraph 3(1)(f) of Schedule 2 to this Act.
A scheme under this section shall not have effect unless approved by the Secretary of State.
Subject to section 7 below, the contract of employment between a person to whom this section applies and the health authority by whom he is employed shall have effect from the operational date as if originally made between him and the NHS trust.
Without prejudice to subsection (3) above—
all the health authority’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the NHS trust on its operational date; and
anything done before that date by or in relation to the health authority in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the NHS trust.
In any case where— subsections (3) and (4) above shall have effect in relation to that person’s contract of employment as if he were a person to whom this section applies and any reference in those subsections to the operational date of the trust were a reference to the date on which he takes up employment with the trust.
an order under section 5(1) above provides for the establishment of an NHS trust with effect from a date earlier than the operational date of the trust, and
on or after that earlier date but before its operational date the NHS trust makes an offer of employment by the trust to a person who at that time is employed by a health authority to work (whether solely or otherwise) at, or for the purposes of, the hospital or other establishment or facility which is to become the responsibility of the trust, and
as a result of the acceptance of the offer, the person to whom it was made becomes an employee of the NHS trust,
Subsections (3) and (4) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only of the change in employer effected by this section.
A scheme under this section may designate a person either individually or as a member of a class or description of employees.
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In the case of a person who falls within section 6(1)(b) above, a scheme under that section may provide that, with effect from the NHS trust’s operational date, his contract of employment (in this section referred to as “his original contract”) shall be treated in accordance with the scheme as divided so as to constitute—
a contract of employment with the NHS trust; and
a contract of employment with the health authority by whom he was employed before that date (in this section referred to as “the transferor authority”).
Where a scheme makes provision as mentioned in subsection (1) above,—
the scheme shall secure that the benefits to the employee under the two contracts referred to in that subsection, when taken together, are not less favourable than the benefits under his original contract;
section 6 above shall apply in relation to the contract referred to in subsection (1)(a) above as if it were a contract transferred under that section from the transferor authority to the NHS trust;
so far as necessary to preserve any rights and obligations, the contract referred to in subsection (1)(b) above shall be regarded as a continuation of the employee’s original contract; and
for the purposes of section 146 of and Schedule 13 to the Employment Protection (Consolidation) Act 1978, the number of hours normally worked, or, as the case may be, the hours for which the employee is employed in any week under either of those contracts shall be taken to be the total of the hours normally worked or, as the case may be, for which he is employed under the two contracts taken together.
Where, as a result of the provisions of section 6 above, by virtue of his employment during any period after the operational date of the NHS trust,— any benefits provided to him by virtue of the contractual rights referred to in paragraph (a) above shall be taken as satisfying his entitlement to benefits under the said Part VI.
an employee has contractual rights against an NHS trust to benefits in the event of his redundancy, and
he also has statutory rights against the trust under Part VI of the Employment Protection (Consolidation) Act 1978 (redundancy payments),
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The Secretary of State may by order transfer or provide for the transfer to an NHS trust, with effect from such date as may be specified in the order, of such of the property, rights and liabilities of a health authority or of the Secretary of State as, in his opinion, need to be transferred to the trust for the purpose of enabling it to carry out its functions.
An order under this section may create or impose such new rights or liabilities in respect of what is transferred or what is retained by a health authority or the Secretary of State as appear to him to be necessary or expedient.
Nothing in this section affects the power of the Secretary of State or any power of a health authority to transfer property, rights or liabilities to an NHS trust otherwise than under subsection (1) above.
Stamp duty shall not be chargeable in respect of any transfer to an NHS trust effected by or by virtue of an order under this section.
Where an order under this section provides for the transfer— the transfer shall be binding on the third party notwithstanding that, apart from this subsection, it would have required his consent or concurrence.
of land held on lease from a third party, that is to say, a person other than the Secretary of State or a health authority, or
of any other asset leased or hired from a third party or in which a third party has an interest,
Any property, rights and liabilities which are to be transferred to an NHS trust shall be identified by agreement between the trust and a health authority or, in default of agreement, by direction of the Secretary of State.
Where, for the purpose of a transfer pursuant to an order under this section, it becomes necessary to apportion any property, rights or liabilities, the order may contain such provisions as appear to the Secretary of State to be appropriate for the purpose; and where any such property or rights fall within subsection (5) above, the order shall contain such provisions as appear to the Secretary of State to be appropriate to safeguard the interests of third parties, including, where appropriate, provision for the payment of compensation of an amount to be determined in accordance with the order.
In the case of any transfer made by or pursuant to an order under this section, a certificate issued by the Secretary of State that any property specified in the certificate or any such interest in or right over any such property as may be so specified, or any right or liability so specified, is vested in the NHS trust specified in the order shall be conclusive evidence of that fact for all purposes.
Without prejudice to subsection (4) of section 126 of the principal Act, an order under this section may include provision for matters to be settled by arbitration by a person determined in accordance with the order.
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Each NHS trust shall have an originating capital debt of an amount specified in an order made by the Secretary of State, being an amount representing, subject to subsection (2) below, the excess of the valuation of the assets which, on or in connection with the establishment of the trust, are or are to be transferred to it (whether before, on or after its operational date) over the amounts of the liabilities which are or are to be so transferred.
In determining the originating capital debt of an NHS trust, there shall be left out of account such assets or, as the case may be, liabilities as are, or are of a class, determined for the purposes of this section by the Secretary of State, with the consent of the Treasury.
An NHS trust’s originating capital debt shall be deemed to have been issued out of moneys provided by Parliament and shall constitute an asset of the Consolidated Fund.
In accordance with an order under subsection (1) above, an NHS trust’s originating capital debt shall be divided between—
a loan on which interest shall be paid at such variable or fixed rates and at such times as the Treasury may determine; and
public dividend capital.
The loan specified in subsection (4)(a) above is in this Part of this Act referred to as an NHS trust’s “initial loan” and a rate of interest on the initial loan shall be determined as if section 5 of the National Loans Act 1968 had effect in respect of it and subsections (5) to (5B) of that section shall apply accordingly.
Subject to subsections (4)(a) and (5) above, the terms of the initial loan shall be such as the Secretary of State, with the consent of the Treasury, may determine; and, in the event of the early repayment of the initial loan, the terms may require the payment of a premium or allow a discount.
With the consent of the Treasury, the Secretary of State may determine the terms on which any public dividend capital forming part of an NHS trust’s originating capital debt is to be treated as having been issued, and, in particular, may determine the dividend which is to be payable at any time on any public dividend capital.
An order under subsection (1) above shall be made—
with the consent of the Treasury; and
by statutory instrument.
Schedule 3 to this Act shall have effect with respect to—
borrowing by NHS trusts;
the limits on their indebtedness;
the payment of additional public dividend capital to them; and
the application of any surplus funds of NHS trusts.
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Every NHS trust shall ensure that its revenue is not less than sufficient, taking one financial year with another, to meet outgoings properly chargeable to revenue account.
It shall be the duty of every NHS trust to achieve such financial objectives as may from time to time be set by the Secretary of State with the consent of the Treasury and as are applicable to it; and any such objectives may be made applicable to NHS trusts generally, or to a particular NHS trust or to NHS trusts of a particular description.
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The Secretary of State may by order made by statutory instrument provide for the appointment of trustees for an NHS trust; and any trustees so appointed shall have power to accept, hold and administer any property on trust for the general or any specific purposes of the NHS trust (including the purposes of any specific hospital or other establishment or facility which is owned and managed by the trust) or for all or any purposes relating to the health service.
An order under subsection (1) above may—
make provision as to the persons by whom trustees are to be appointed and generally as to the method of their appointment;
make any appointment subject to such conditions as may be specified in the order (including conditions requiring the consent of the Secretary of State);
make provision as to the number of trustees to be appointed, including provision under which that number may from time to time be determined by the Secretary of State after consultation with such persons as he considers appropriate; and
make provision with respect to the term of office of any trustee and his removal from office.
Where, under subsection (1) above, trustees have been appointed for an NHS trust, the Secretary of State may by order made by statutory instrument provide for the transfer of any trust property from the NHS trust to the trustees so appointed.
In section 91 of the principal Act (private trusts for hospitals) in subsection (3) (definition of “the appropriate hospital authority”) after paragraph (a) there shall be inserted the following paragraphs—.
In section 92 of the principal Act (further transfers of trust property)—
in subsection (1) after the word “hospital” there shall be inserted “or other establishment or facility” and for the words “or special trustees”, in each place where they occur, there shall be substituted “NHS trust, special trustees or trustees for an NHS trust”;
in subsections (2) to (4), after the word “authorities”, in each place where it occurs, there shall be inserted “or NHS trusts”;
in subsection (2) after the word “authority”, there shall be inserted “or NHS trust”; and
at the end of the section there shall be added the following subsection—
In section 96 of the principal Act (trusts: supplementary provisions)—
any reference to sections 90 to 95 of the principal Act includes a reference to subsections (1) to (3) above; and
after subsection (1) there shall be inserted the following subsection—
In section 98(1) of the principal Act (accounts and audit) after paragraph (d) there shall be inserted—.
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In section 15 of the principal Act (duty of Family Health Services Authority)—
in subsection (1), after the word “regulations” there shall be inserted “and subject to any directions from the relevant Regional Health Authority”;
in paragraph (b) of that subsection, after the words “perform such” there shall be inserted “management and”; and
at the end of that subsection there shall be inserted the following subsections—
In section 17 of the principal Act (directions as to exercise of functions), in subsection (1) before the words “by a District Health Authority”, there shall be inserted “(a)” and at the end of the subsection there shall be added and
In section 42 of the principal Act (regulations as to pharmaceutical services), in subsection (3)—
in paragraph (d) for the words following “approved by” there shall be substituted “reference to prescribed criteria by the Family Health Services Authority in whose locality those premises are situated; and”; and
in paragraph (e) for the words “the prescribed body” there shall be substituted “that Family Health Services Authority”.
In section 44 of the principal Act (recognition by Secretary of State of certain local committees), in subsection (1)— and in subsection (2) of that section, for the words “Secretary of State’s approval” there shall be substituted “approval of the Family Health Services Authority”.
for the words from “the Secretary of State” to “is representative” there shall be substituted “a Family Health Services Authority is satisfied that a committee formed for its locality is representative”; and
for the word “he” there shall be substituted “the Family Health Services Authority”;
Section 55 of the principal Act (reference of certain disputes affecting Family Practitioner Committees to the Secretary of State) shall cease to have effect.
Section 97A of the principal Act (financial duties of health authorities) shall be amended in accordance with subsections (2) to (4) below.
does not exceed the aggregate of—
In subsection (2)—
for the words “Area Health Authority and every District Health Authority” there shall be substituted “District Health Authority and every Family Health Services Authority”;
in paragraph (a) of that subsection after the word “above” there shall be inserted “other than section 97(1)(aa)”.
In subsection (4) after the words “health authority” there shall be inserted “or Family Health Services Authority”.
In section 97B of the principal Act, in subsection (1)—
for the words “Family Practitioner Committee” there shall be substituted “Family Health Services Authority whose locality is in Wales”; and
at the end there shall be added the words “and any reference in subsections (2) and (4) below to a Family Health Services Authority is a reference to an Authority whose locality is in Wales”.
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Any one or more medical practitioners who are providing general medical services in accordance with arrangements under section 29 of the principal Act may apply to the relevant Regional Health Authority for recognition as a fund-holding practice.
The relevant Regional Health Authority shall not grant recognition as a fund-holding practice unless the medical practitioner or, as the case may be, each of the medical practitioners concerned fulfils such conditions as may be prescribed.
Subject to subsection (4) below, in relation to a medical practitioner, any reference in this Part of this Act to the relevant Regional Health Authority is a reference to that Authority which, in relation to the practitioner’s relevant Family Health Services Authority, is the relevant Regional Health Authority.
Where two or more medical practitioners wish to make an application under subsection (1) above and, apart from this subsection, the relevant Family Health Services Authority in respect of one or more of them would be different from that in respect of the other or others, then, for the purposes of this section and any other provisions relating to fund-holding practices, the relevant Family Health Services Authority for each of them shall be determined as if they were all practising in a single partnership.
In the application of this section to any medical practitioner whose relevant Family Health Services Authority has a locality in Wales, for any reference to the relevant Regional Health Authority there shall be substituted a reference to the Secretary of State.
Regulations may make provision with respect to— and regulations making the provision referred to in paragraph (g) above may make such modifications of the preceding provisions of this section as the Secretary of State considers appropriate.
the making of applications under subsection (1) above;
the granting and refusal of recognition as a fund-holding practice;
the conditions to be fulfilled for obtaining and continuing to be entitled to such recognition;
appeals against any refusal of such recognition by a Regional Health Authority;
withdrawing from, or becoming a member of, an existing recognised fund-holding practice;
the continuity or otherwise of a recognised fund-holding practice in the event of the death or withdrawal of a member or the addition of a new member; and
the operation of this section in a case where one or more of the medical practitioners wishing to make an application under subsection (1) above is also on the medical list of a health board;
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by making payments on account of the allotted sum at such times and in such manner as the Secretary of State may direct; and
by discharging liabilities of the members of the practice to any other person (including, in particular, liabilities under NHS contracts);
In any case where— the Health Authority making the payment shall be entitled to recover from that other Health Authority, or from that Health Board, an amount equal to such portion of the payment as may be determined in accordance with directions given by the Secretary of State.
a Health Authority make a payment of, or of any part of, an allotted sum to the members of a recognised fund-holding practice, and
some of the individuals on the list of patients of any of the members of the practice reside in the area of another Health Authority, or in the area of a Health Board,
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the Secretary of State makes a payment of or of any part of an allotted sum to the members of a recognised fund-holding practice, and
some of the individuals on the list of patients of any of the members of the practice reside in the region of a Regional Health Authority,
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require the members of a practice to pay to the relevant Regional Health Authority out of allotted sums paid to them an amount determined in accordance with the regulations as the basic cost of the drugs, medicines and listed appliances supplied pursuant to orders given by or on behalf of members of the practice;
provide that the goods and services, other than general medical services, which may be purchased by or on behalf of the members of a practice out of allotted sums for the individuals on the lists of patients of the members of the practice shall be such as may be specified in a list approved for the purpose under the regulations; and
impose a limit on the amount which may be spent out of an allotted sum on the provision of goods and services for any one individual, being a limit above which the cost of any goods and services for that individual in the financial year in question will fall to be met by the District Health Authority whose primary functions include the provision of goods and services (not necessarily the goods and services in question) to the individual concerned.
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Regulations may make provision as to the circumstances in which the members of a recognised fund-holding practice may renounce that status and such regulations may, in particular, make provision as to—
the notice to be given and the number of members of the practice by whom it is to be given;
the procedure to be followed; and
the consequences of such a renunciation.
Regulations may make provision as to the circumstances in which and the grounds on which the relevant Regional Health Authority or, as the case may be, the Secretary of State may remove recognition from the members of a fund-holding practice,—
with immediate effect; or
with effect from the end of a particular financial year; or
with effect from such other date as may be specified by the Regional Health Authority or, as the case may be, the Secretary of State.
Where provision is made as mentioned in subsection (2) above, regulations shall make provision with respect to—
the procedure for the removal of recognition;
appeals against the removal of recognition by a Regional Health Authority; and
the consequences of the removal of recognition.
Without prejudice to the generality of the powers conferred by subsection (3) above, regulations making provision as mentioned in paragraph (c) of that subsection—
may provide for the transfer of rights and obligations from the members of the fund-holding practice to one or more District Health Authorities determined in accordance with the regulations;
may provide for the recovery of sums from the members of the practice; and
may require the members of the practice to furnish such information as may reasonably be required by the Regional Health Authority or, as the case may be, the Secretary of State.
The bringing of an appeal against the removal of recognition by a Regional Health Authority shall not be regarded as preserving the recognised status of the members of the fund-holding practice and, accordingly, subject to the outcome of the appeal, the relevant Regional Health Authority shall not be required, after the removal takes effect, to make any (or, as the case may be, any further) payment to the members of the practice of any part of the allotted sum for the financial year in question or, as the case may be, to determine and pay any allotted sum for a future financial year.
Where any part of an allotted sum has been applied by the members of a recognised fund-holding practice (or any one or more of them) for purposes other than those specified in regulations under section 15(7) above, regulations may make provision for and in connection with the recovery by the relevant Regional Health Authority or, as the case may be, the Secretary of State of an amount equal to that part.
Where provision is made as mentioned in subsection (6) above, regulations shall make provision with respect to appeals against the recovery of any amount by a Regional Health Authority.
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If the Secretary of State by regulations so provides, such of the functions of a Regional Health Authority or, in Wales, the Secretary of State under sections 14 to 16 above as are specified in, or determined in accordance with, the regulations shall become functions of a Family Health Services Authority with effect from such date as may be prescribed.
Regulations under this section shall make provision for determining the Family Health Services Authority which is to exercise any of the functions concerned in relation to the members of any existing recognised fund-holding practice and in relation to any medical practitioners wishing to apply for recognition.
Without prejudice to the generality of section 126(4) of the principal Act, regulations under this section may make such incidental and consequential modifications of the principal Act and of sections 14 to 16 above as appear to the Secretary of State to be necessary or expedient in consequence of the transfer of functions effected by the regulations.
Subject to subsections (2) and (8) below, for each financial year, every Primary Care Trust and every Local Health Board shall, by notice in writing given to each practice in relation to the members of which it is the relevant Primary Care Trust orLocal Health Board, specify an amount of money (in this Act referred to as an “indicative amount”) representing the basic price of the drugs, medicines and listed appliances which, in the opinion of the Primary Care Trust orLocal Health Board, it is reasonable to expect will be supplied in that year pursuant to orders given by or on behalf of the members of that practice.
Subsection (1) above does not apply with respect to a practice which is or forms part of a fund-holding practice recognised under section 14 above.
For the purposes of this section, a “practice” means— and any reference to the members of a practice shall be construed accordingly.
a person or body who has entered into a contract under section 28Q of the principal Act, otherwise than in partnership; or
two or more individuals practising in partnership who together have entered into such a contract,
The members of a practice shall seek to secure that, except with the consent of the relevant Primary Care Trust orLocal Health Board or for good cause, the orders for drugs, medicines and listed appliances given by them or on their behalf are such that the basic price of the items supplied pursuant to those orders in any financial year does not exceed the indicative amount notified to the practice for that year under subsection (1) above.
For the purpose of measuring the extent to which a practice is operating within the indicative amount notified to it under subsection (1) above for any financial year, a Primary Care Trust orLocal Health Board shall set against that indicative amount an amount equal to the basic price of the drugs, medicines and listed appliances supplied in that year pursuant to orders given by or on behalf of members of the practice.
For the purposes of this section, regulations may make provision as to the specification of, or means of calculating, the basic price of any drugs, medicines or listed appliances.
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This section does not apply in relation to the performance or provision of personal medical services in accordance with arrangements made under section 28C of the principal Act.
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.
Section 97 of the principal Act (means of meeting expenditure of health authorities out of public funds) shall be amended in accordance with this section.
In subsection (1) (payments to health authorities etc. by the Secretary of State)—
at the end of paragraph (a) there shall be added including, in the case of a Regional Health Authority, its functions with respect to such expenditure of Family Health Services Authorities in relation to which it is the relevant Regional Health Authority as—;
after paragraph (a) there shall be inserted the following paragraph—; and
in paragraph (b) for the words “Family Practitioner Committee” there shall be inserted “Family Health Services Authority whose locality is in Wales”.
In subsection (2) (payments by Regional Health Authorities) for the words following “each financial year” there shall be substituted—
In subsection (3) (directions of Secretary of State)—
after the word “directions” there shall be inserted “(a)”;
after the word “Regional” there shall be inserted “or Special” and for the words “Practitioner Committee” there shall be substituted “Health Services Authority whose locality is in Wales”; and
at the end of the subsection there shall be added and
In subsection (4) (directions of Regional Health Authorities) for the words from “an Area Health Authority” onwards there shall be substituted “a District Health Authority whose district is included in the region or a Family Health Services Authority in relation to which it is the relevant Regional Health Authority with respect to the application of any sum paid out of those sums to the District Health Authority or the Family Health Services Authority under subsection (2) above”.
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to extend the functions of the Commission to cover health authorities and other bodies established under this Act or the principal Act;
to alter the title and constitution of the Commission to reflect its wider role; and
to make provision consequential on or supplemental to the amendments referred to in paragraphs (a) and (b) above.
In section 98 of the principal Act (accounts and audit),—
in subsection (1), in the words following paragraph (e) for the words from “appointed” to “Comptroller” there shall be substituted “appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales and the Comptroller”;
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is about to make, or has made, a decision which involves or would involve the incurring of expenditure which is unlawful, or
is about to take, or has taken, a course of action which, if pursued to its conclusion, would be unlawful and likely to cause a loss or deficiency,
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on becoming an officer or servant of the Commission in consequence of an offer made in pursuance of that subsection, or
having unreasonably refused such an offer,
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The Secretary of State may by regulations made with the consent of the Treasury establish a scheme whereby any of the bodies specified in subsection (2) below may make provision to meet—
expenses arising from any loss of or damage to their property; and
liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies concerned.
The bodies referred to in subsection (1) above are— but a scheme under this section may limit the class or description of bodies which are eligible to participate in it.
health authorities;
NHS trusts; and
the Public Health Laboratory Service Board;
Without prejudice to the generality of the power conferred by subsection (1) above, a scheme under this section may—
provide for the scheme to be administered by the Secretary of State or by a health authority or NHS trust specified in the scheme;
require any body which participates in the scheme to make payments in accordance with the scheme; and
provide for the making of payments for the purposes of the scheme by the Secretary of State.
Without prejudice to any other power of direction conferred on the Secretary of State,—
if the Secretary of State so directs, a body which is eligible to participate in a scheme shall do so; and
where a scheme provides for it to be administered by the Secretary of State, a health authority or NHS trust shall carry out such functions in connection with the administration of the scheme by the Secretary of State as he may direct.
Neither the Secretary of State nor any health authority or NHS trust administering a scheme under this section shall, by virtue of their activities under the scheme, be regarded as carrying on insurance business for the purposes of the Insurance Companies Act 1982.
Section 7 of the principal Act (the Medical Practices Committee) shall be amended in accordance with this section.
At the beginning of subsection (1) there shall be inserted “Subject to subsection (1A) below”.
After subsection (1) there shall be inserted the following subsection—
At the end of the section there shall be added the following subsection—
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In section 33 of the principal Act (distribution of general medical services) after subsection (1) there shall be inserted the following subsections—
At the beginning of subsection (2) of that section (the Medical Practices Committee to select the persons whose applications are to be granted) there shall be inserted “Subject to subsection (2A) below” and after that subsection there shall be inserted the following subsection—
In subsection (4) of that section (applications under section 30 may be granted subject to certain conditions), after the word “but” there shall be inserted—; and at the end of the subsection there shall be inserted the words “and an order under subsection (1A) above may make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions imposed under paragraph (a) above”.
In subsection (5) of that section (appeals to the Secretary of State) for the words “such conditions” there shall be substituted “conditions under paragraph (a) or paragraph (b) of subsection (4) above” and for the words following “Secretary of State”, in the first place where those words occur, there shall be substituted “on a point of law; and, if the Secretary of State allows such an appeal, he shall remit the application to the Medical Practices Committee for reconsideration”.
Subsection (7) of that section (directions on a successful appeal) shall be omitted.
In subsection (8) of that section (matters to be taken into account) for the words from the beginning to “in any such case” there shall be substituted “In any case where medical practitioners have to be selected from a number of applicants, the Medical Practices Committee or, where subsection (2A) above applies, the Family Health Services Authority shall”.
In section 34 of the principal Act (regulations for Medical Practices Committee)—
in paragraph (b)(ii) after the words “under section 33 above” there shall be inserted “and where such an appeal is allowed, the reconsideration of any application”; and
at the end of the section there shall be added the following subsection—.
In the case of a medical practitioner who, on the day appointed for the coming into force of this section, is providing general medical services in accordance with arrangements under section 29 of the principal Act, regulations may make transitional provisions by virtue of which those services shall be treated for the purposes of that Act as provided subject to such of the prescribed conditions referred to in section 33(4)(a) of that Act as are determined under the regulations and, accordingly, for enabling any such condition to be varied in accordance with regulations under section 34(2) of that Act.
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Section 36 of the principal Act (regulations as to arrangements for general dental services) shall be amended in accordance with this section.
In subsection (1)(b) (regulations to include provision conferring a right, subject to certain qualifications, to be entered on a list of dental practitioners providing general dental services) for the words “subsection (2)” there shall be substituted “subsections (2) and (3)”.
At the end of the section there shall be added the following subsection—
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Section 65 of the principal Act (accommodation and services for private patients) shall be amended in accordance with this section.
In subsection (1) (power of Secretary of State to authorise accommodation and services at hospitals to be made available for private patients etc.)—
for the words from the beginning to “as he may determine”, in the first place where those words occur, there shall be substituted “Subject to the provisions of this section, to such extent as they may determine, a District or Special Health Authority may make available at a hospital or hospitals for which they have responsibility accommodation and services”;
for any subsequent reference to the Secretary of State in the words preceding paragraph (a) there shall be substituted a reference to the District Health Authority or Special Health Authority, as the case may require; and
in paragraph (a) for the words “him of any duty imposed on him by” there shall be substituted “the Authority of any function conferred on the Authority under”,
After subsection (1) there shall be inserted the following subsection—
In subsection (2)—
for the words “The Secretary of State” there shall be substituted “A District or Special Health Authority”; and
for the words from “to which an authorisation” to “made available” there shall be substituted “which are made available under subsection (1) above to be so made available”.
For subsection (3) of that section there shall be substituted the following subsection—
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Subsection (2) below has effect with respect to the interpretation of this Part of this Act and the National Health Service Act 1977 (the principal Act).
In section 128 of the principal Act, in subsection (1)—
after the words “this Act” there shall be inserted “and Part I of the National Health Service and Community Care Act 1990”;
“District Health Authority” means the authority for a district, whether or not its name incorporates the word “District”
in the definition of “health service hospital” after the words “this Act” there shall be inserted “or vested in an NHS trust”;
“NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990; “National Health Service trust” has the meaning assigned by section 5 of the National Health Service and Community Care Act 1990 and “NHS trust” shall be construed accordingly
“operational date”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 2 to the National Health Service and Community Care Act 1990
“pharmaceutical services” has the meaning assigned by section 41 of this Act
in the definition of “prescribed” after the words “this Act” there shall be inserted “or Part I of the National Health Service and Community Care Act 1990”;
“primary functions” shall be construed in accordance with section 3 of the National Health Service and Community Care Act 1990
in the definition of “regulations” after the words “this Act” there shall be inserted “or Part I of the National Health Service and Community Care Act 1990”.
In this Part of this Act—
“goods” includes accommodation;
“health board” means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 or a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972; and
“services” includes services of any description, whether or not being services under the principal Act.
Subject to subsection (2) below, at the end of the day appointed for the coming into force of this subsection, any person who is a member of— shall cease to be such a member.
a Health Board;
the management committee of the Common Services Agency for the Scottish Health Service; or
a State Hospital Management Committee within the meaning of the Mental Health (Scotland) Act 1984,
Subsection (1) above does not apply to a person holding office as chairman of a Health Board or of a committee mentioned in subsection (1)(b) or (c) above.
Schedule 1 (Health Boards) and Schedule 5 (Common Services Agency) to the National Health Service (Scotland) Act 1978 (in this Part of this Act referred to as “the 1978 Act”) and Schedule 1 to the Mental Health (Scotland) Act 1984 (State Hospital Management Committees) shall be amended in accordance with Schedule 5 to this Act.
In section 2 (Health Boards) of the 1978 Act—
in subsection (1)—
after the words “Secretary of State” there shall be inserted the word “(a)”; and
and
after subsection (1) there shall be inserted the following subsections—; and
in subsection (2), for the word “(1)” there shall be substituted the word “(1)(a)”.
Section 5 of the 1978 Act (Scottish Health Service Planning Council) shall cease to have effect.
Section 6 of that Act (national consultative committees) shall cease to have effect.
In section 7 of that Act (local health councils)—
in subsection (2), the words from “by local authorities” to “and for the appointment” shall cease to have effect;
in subsection (9)(d), after the words “Health Board” there shall be inserted “and from any NHS trust in their area or district”; and
in subsection (9)(e), after the words “Health Board” there shall be inserted “and establishments in their area or district administered by NHS trusts”.
In section 8(1) of that Act (university liaison committees)—
after the words “those Boards” where they first occur there shall be inserted “and any NHS trusts in the area or combined areas”;
for the words “the area or combined” there shall be substituted “that area or those”; and
after the words “those Boards” in the second place where they occur there shall be inserted “, any such NHS trust”.
In section 9 of that Act (local consultative committees)—
for the words from “after consultation” to “is representative” in each of subsections (1), (3) and (4) there shall be substituted “a Health Board is satisfied that a committee formed for its area is representative”;
for the words “Secretary of State” in the second place where they occur in subsection (1) there shall be substituted “Health Board”; and
for the word “he” in each of subsections (3) and (4) there shall be substituted “the Board”.
After section 17 of the 1978 Act there shall be inserted the following sections—
After section 12 of the 1978 Act there shall be inserted the following sections—
After Schedule 7 to the 1978 Act there shall be inserted the Schedules set out in Schedule 6 to this Act.
After section 12F of the 1978 Act (as inserted by section 31 of this Act) there shall be inserted the following section—
After section 87 of the 1978 Act there shall be inserted the following sections—
After the sections inserted in the 1978 Act by section 34 above there shall be inserted the following section—
The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments set out in that Schedule, being amendments—
to extend the functions of the Commission for Local Authority Accounts in Scotland (in this section referred to as “the Commission”) to cover Health Boards and other bodies established under the 1978 Act, the Mental Welfare Commission for Scotland and State Hospital Management Committees constituted under the Mental Health (Scotland) Act 1984;
to alter the title and constitution of the Commission to reflect its wider role; and
to make provision consequential on or supplemental to the amendments referred to in paragraphs (a) and (b) above.
Section 86 of the 1978 Act (keeping and audit of accounts of certain Scottish health bodies) shall be amended in accordance with the following provisions of this section.
In subsection (1), for the words from the beginning to “Agency” there shall be substituted—.
After subsection (1) there shall be inserted the following subsections—
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for the words “subsection (1)” there shall be substituted “subsections (1) and (1A)”;
for the words “Health Board or the Agency” there shall be substituted “body mentioned in paragraphs (a) to (c) of subsection (1) or a recognised fund-holding practice”; and
for the words “Board or the Agency” there shall be substituted “body or practice”.
In subsection (3), for the words “Health Board and the Agency” there shall be substituted “body mentioned in paragraphs (a) to (c) of subsection (1)”.
In subsection (4), for the words “Health Boards and the Agency” there shall be substituted “bodies mentioned in paragraphs (a) to (c) of subsection (1)”.
After subsection (4) there shall be added the following subsection—
After subsection (7) of section 19 of the 1978 Act (arrangements and regulations for general medical services) there shall be inserted the following subsection—
In section 3 of the 1978 Act (the Scottish Medical Practices Committee), after subsection (1) there shall be inserted the following subsection—
In Schedule 2 to the 1978 Act (constitution etc of Scottish Medical Practices Committee), after paragraph 2 there shall be inserted—
In section 23 of the 1978 Act (distribution of general medical services), after subsection (1) there shall be inserted the following subsections—
At the beginning of subsection (2) of that section (the Medical Practices Committee to select the person whose applications are to be granted) there shall be inserted “Subject to subsection (2A)” and after that subsection there shall be inserted the following subsection—
In subsection (4) of that section (applications under section 20 may be granted subject to certain conditions), after the word “but” there shall be inserted—; and at the end of the subsection there shall be inserted the words “and an order under subsection (1A) may make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions imposed under paragraph (a)”.
In subsection (5) of that section (appeals to the Secretary of State) for the words “such conditions” there shall be substituted “conditions under paragraph (a) or (b) of subsection (4)” and for the words following “Secretary of State”, in the first place where those words occur, there shall be substituted “on a point of law; and, if the Secretary of State allows such an appeal, he shall remit the application to the Medical Practices Committee for reconsideration”.
Subsection (7) of that section (directions on a successful appeal) shall be omitted.
In subsection (8) of that section (matters to be taken into account) for the words from the beginning to “in any such case” there shall be substituted “In any case where medical practitioners have to be selected from a number of applicants, the Medical Practices Committee or, where subsection (2A) applies, the Health Board shall”.
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in paragraph (b)(ii) after the words “under section 23” there shall be inserted “and, where such an appeal is allowed, the reconsideration of any application”; and
at the end of the section there shall be added the following subsection—
In the case of a medical practitioner who, on the day appointed for the coming into force of this section, is providing general medical services in accordance with arrangements under section 19 of the 1978 Act, regulations may make transitional provisions by virtue of which those services shall be treated for the purposes of that Act as provided subject to such of the prescribed conditions referred to in section 23(4)(a) of that Act as are determined under the regulations and, accordingly, for enabling any such condition to be varied in accordance with regulations under section 24(2) of that Act.
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Section 25 of the 1978 Act (arrangements for general dental services) shall be amended in accordance with this section.
In subsection (2)(b) (regulations to include provision conferring a right, subject to certain qualifications, to be entered on a list of dental practitioners providing general dental services) for the words “subsection (2A)” there shall be substituted “subsections (2A) and (2B)”.
After subsection (2A) there shall be inserted the following subsection—
After section 85A of the 1978 Act there shall be inserted the following section—
In section 21(1) of the National Assistance Act 1948 (duties of local authorities to provide accommodation for persons aged 18 or over who are in need of care and attention by reason of age, infirmity or other circumstances)—
in paragraph (a) for the word “infirmity” there shall be substituted “illness, disability”; and
at the end of that paragraph there shall be addedand .
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In section 26 of that Act (arrangements for provision of accommodation in premises maintained by voluntary organisations etc.), at the end of subsection (2) (under which the arrangements must provide for the local authority to make payments in respect of accommodation provided) there shall be added “and subject to subsection (3A) below the local authority shall recover from each person for whom accommodation is provided under the arrangements the amount of the refund which he is liable to make in accordance with the following provisions of this section”.
At the beginning of subsection (3) of that section (liability of persons for whom accommodation is provided to make refunds to the local authority) there shall be inserted “Subject to subsection (3A) below” and after that subsection there shall be inserted the following subsection—
“small home” means an establishment falling within section 1(4) of the Registered Homes Act 1984 and “exempt body” means an authority or body constituted by an Act of Parliament or incorporated by Royal Charter
In section 30(1) of that Act (under which a local authority may employ certain voluntary organisations as their agents for the provision of welfare services for disabled persons) for the words from “any voluntary organisation” onwards there shall be substituted “any voluntary organisation or any person carrying on, professionally or by way of trade or business, activities which consist of or include the provision of services for any of the persons to whom section 29 above applies, being an organisation or person appearing to the authority to be capable of providing the service to which the arrangements apply”.
In section 45(3) of the Health Services and Public Health Act 1968 (under which a local authority may employ certain voluntary organisations as their agents for promoting the welfare of old people) for the words from “any voluntary organisation” onwards there shall be substituted “any voluntary organisation or any person carrying on, professionally or by way of trade or business, activities which consist of or include the provision of services for old people, being an organisation or person appearing to the authority to be capable of promoting the welfare of old people”.
After section 26 of the National Assistance Act 1948 there shall be inserted—
Section 22 of the National Assistance Act 1948 (charges for accommodation provided under Part III of that Act to be made at a standard rate fixed by the local authority subject to a minimum weekly rate prescribed under subsection (3)) shall have effect subject to the amendments specified in subsections (2) to (6) below.
In subsection (1) (which relates to a person’s liability to pay for accommodation) for the words from the beginning to “the accommodation" there shall be substituted “ Subject to section 26 of this Act, where a person is provided with accommodation under this Part of this Act the local authority providing the accommodation shall recover from him the amount of the payment which he is liable to make ”.
In subsection (2) (which requires the authority managing premises to fix the standard rate) after the word “payment" there shall be inserted “ which a person is liable to make ” and at the end of that subsection there shall be added the words “ and that standard rate shall represent the full cost to the authority of providing that accommodation ”
In subsection (3) (which makes provision for people who are unable to pay at the standard rate)— shall be omitted.
the words “(disregarding income support)", and
the words from “Provided that" to the end of the subsection,
After subsection (4) (under which the Secretary of State may prescribe the minimum sum assumed to be required for a resident’s personal needs in determining the rate payable by him) there shall be inserted—
In subsection (5A) (under which a local authority managing premises in which accommodation is provided for a person may limit the payments required from him for a certain period to the minimum rate prescribed under subsection (3)) for the words “the minimum weekly rate prescribed under subsection (3) above" there shall be substituted “ such amount as appears to them reasonable for him to pay ”.
In section 29 of that Act (under subsection (4)(c) of which arrangements may be made for the provision of hostels where persons for whom welfare services are provided under that section may live) after subsection (4) there shall be inserted—
In section 21 of the Health and Social Services and Social Security Adjudication Act 1983 (recovery of sums due to local authority where persons in residential accommodation have disposed of assets) after subsection (3) there shall be inserted—
In sections 22 and 23 of that Act (which make provision as to arrears of contributions charged on interests in land in England and Wales and in Scotland respectively) after subsection (2) there shall be inserted—
In section 24 of that Act (interest on sums charged on or secured over interests in land) for subsection (2) there shall be substituted—
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Each local authority—
shall, within such period after the day appointed for the coming into force of this section as the Secretary of State may direct, prepare and publish a plan for the provision of community care services in their area;
shall keep the plan prepared by them under paragraph (a) above and any further plans prepared by them under this section under review; and
shall, at such intervals as the Secretary of State may direct, prepare and publish modifications to the current plan, or if the case requires, a new plan.
In carrying out any of their functions under paragraphs (a) to (c) of subsection (1) above, a local authority shall consult—
any District Health Authority the whole or any part of whose district lies within the area of the local authority;
any Family Health Services Authority the whole or any part of whose locality lies within the area of the local authority;
in so far as any proposed plan, review or modifications of a plan may affect or be affected by the provision or availability of housing and the local authority is not itself a local housing authority, within the meaning of the Housing Act 1985, every such local housing authority whose area is within the area of the local authority;
such voluntary organisations as appear to the authority to represent the interests of persons who use or are likely to use any community care services within the area of the authority or the interests of private carers who, within that area, provide care to persons for whom, in the exercise of their social services functions, the local authority have a power or a duty to provide a service.
such voluntary housing agencies and other bodies as appear to the local authority to provide housing or community care services in their area; and
such other persons as the Secretary of State may direct.
In this section—
“local authority” means the council of a county, a metropolitan district or a London borough or the Common Council of the City of London;
“community care services” means services which a local authority may provide or arrange to be provided under any of the following provisions—
Part III of the National Assistance Act 1948;
section 45 of the Health Services and Public Health Act 1968;
section 21 of and Schedule 8 to the National Health Service Act 1977; and
section 117 of the Mental Health Act 1983; and
Subject to subsections (5) and (6) below, where it appears to a local authority that any person for whom they may provide or arrange for the provision of services under section 117 of the Mental Health Act 1983 ... may be in need of any such services, the authority—
shall carry out an assessment of his needs for those services; and
having regard to the results of that assessment, shall then decide whether his needs call for the provision by them of any such services.
If at any time during the assessment of the needs of any person under subsection (1)(a) above it appears to a local authority in England that he is a disabled person, (and ..., that he is under 18) the authority—
shall proceed to make such a decision as to the services he requires as is mentioned in section 4 of the Disabled Persons (Services, Consultation and Representation) Act 1986 without his requesting them to do so under that section; and
shall inform him that they will be doing so and of his rights under that Act.
If at any time during the assessment of the needs of any person under subsection (1)(a) above, it appears to a local authority— the local authority shall notify that ... integrated care board, Health Authority or local housing authority and invite them to assist, to such extent as is reasonable in the circumstances, in the making of the assessment; and, in making their decision as to the provision of the services needed for the person in question, the local authority shall take into account any services which are likely to be made available for him by that ... integrated care board, Health Authority or local housing authority.
that there may be a need for the provision to that person by such ... Health Authority as may be determined in accordance with regulations of any services under ... the National Health Service (Wales) Act 2006, or
that there may be a need for the provision of services to that person pursuant to arrangements made under the National Health Service Act 2006 by such integrated care board as may be determined in accordance with regulations (including such arrangements made by it in the exercise of functions of another person by virtue of any provision of that Act),
that there may be a need for the provision to him of any services which fall within the functions of a local housing authority (within the meaning of the Housing Act 1985) which is not the local authority carrying out the assessment,
The Secretary of State may give directions as to the manner in which an assessment under this section is to be carried out or the form it is to take but, subject to any such directions and to subsection (7) below, it shall be carried out in such manner and take such form as the local authority consider appropriate.
Nothing in this section shall prevent a local authority from temporarily providing or arranging for the provision of services mentioned in subsection (1) for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency.
If, by virtue of subsection (5) above, ... services have been provided temporarily for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section.
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In this section—
“disabled person” has the same meaning as in that Act; and
“local authority” and “community care services” have the same meanings as in section 46 above.
“local authority” means a county council in England, a district council for an area in England for which there is no county council, the council of a county or county borough in Wales, a London borough council or the Common Council of the City of London.
Any person authorised by the Secretary of State may at any reasonable time enter and inspect any premises (other than regulated premises) in which services under section 117 of the Mental Health Act 1983, or services under Part 1 of the Care Act 2014 to meet adults’ needs for care and support, are or are proposed to be provided by a local authority in England, or services under Part 4 of the Social Services and Well-being (Wales) Act 2014 are or are proposed to be provided by a local authority in Wales, whether directly or under arrangements made with another person.
Any person inspecting any premises under this section may—
make such examination into the state and management of the premises and the facilities and services provided therein as he thinks fit;
inspect any records (in whatever form they are held) relating to the premises, or any person for whom services mentioned in subsection (1) have been or are to be provided there; and
require the owner of, or any person employed in, the premises to furnish him with such information as he may request.
In subsection (1) “ regulated premises ” means—
in relation to England, premises used for the carrying on of a regulated activity within the meaning of Part 1 of the Health and Social Care Act 2008 by a person who is registered under Chapter 2 of that Part in respect of the activity; and
in relation to Wales, premises in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
Any person exercising the power to inspect records conferred by subsection (2)(b) above—
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
may require— to give him such reasonable assistance as he may require.
the person by whom or on whose behalf the computer is or has been so used; or
any person having charge of or otherwise concerned with the operation of the computer, apparatus or material,
Any person inspecting any premises under this section—
may interview any person residing there in private—
for the purpose of investigating any complaint as to those premises or the services mentioned in subsection (1) that are provided there, or
if he has reason to believe that any of those services being provided there for that person are not satisfactory; and
may examine any such person in private.
No person may— unless he is a registered medical practitioner and, in the case of the power conferred by subsection (2)(b) above, the records relate to medical treatment given at the premises in question.
exercise the power conferred by subsection (2)(b) above so as to inspect medical records; or
exercise the power conferred by subsection (4)(b) above,
Any person exercising the power of entry under subsection (1) above shall, if so required, produce some duly authenticated document showing his authority to do so.
Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In this section “local authority” has the same meaning as in section 47.
In connection with arrangements relating to community care services made by virtue of this Part of this Act, the Secretary of State may make regulations with respect to the transfer to employment by a local authority of persons previously employed by a National Health Service body.
Regulations under this section may also make provision with respect to the return to employment by a National Health Service body of a person to whom the regulations previously applied on his transfer (whether from that or another National Health Service body) to employment by a local authority.
Without prejudice to the generality of subsections (1) and (2) above, regulations under this section may make provision with respect to—
the terms on which a person is to be employed by a local authority or National Health Service body;
the period and continuity of a person’s employment for the purposes of the Employment Rights Act 1996;
superannuation benefits; and
the circumstances in which, if a person declines an offer of employment made with a view to such a transfer or return as is referred to in subsection (1) or subsection (2) above and then ceases to be employed by a National Health Service body or local authority, he is not to be regarded as entitled to benefits in connection with redundancy.
In this section—
“local authority” and “community care services” have the same meaning as in section 46 above; and
“National Health Service body” means a ... ... Health Authority , Local Health Board or Special Health Authority or a National Health Service trust.
Regulations under this section may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
After section 7 of the Local Authority Social Services Act 1970 (local authorities to exercise social services functions under guidance of the Secretary of State) there shall be inserted the following sections—
After subsection (1) of section 5 (powers of Secretary of State) of the Social Work (Scotland) Act 1968 (in this Part of this Act referred to as “the 1968 Act”) there shall be inserted the following subsection—
After section 5 of the 1968 Act there shall be inserted the following sections—
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Section 6 of the 1968 Act (supervision of establishments and places providing accommodation etc) shall be amended as follows.
In subsection (1) after “place” insert “the facilities and services provided therein”.
In subsection (1), for the words “required to be kept therein” there shall be substituted “(in whatever form they are held) relating to the place or to any person for whom services have been or are provided there”.
After subsection (2) there shall be inserted the following subsections—
After section 6 of the 1968 Act there shall be inserted the following section—
After section 12 of the 1968 Act there shall be inserted the following section—
After section 13 of the 1968 Act there shall be inserted the following sections—
After section 86 of the 1968 Act there shall be inserted the following section—
After section 92 of the 1968 Act there shall be inserted the following section—
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Chairman or non-executive member of a National Health Service trust established under the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978
In the said Part III—
in the entry which begins “Paid Chairman of a Health Board”, for the words “Paid Chairman” there shall be substituted “Chairman or any member, not being also an employee,”;
in the entry which begins “Chairman of the Management Committee of the Common Services Agency” after the word “Chairman” there shall be inserted “or any member, not being also an employee,”; and
in the entry relating to the Chairman of a committee constituted under section 91 of the Mental Health (Scotland) Act 1984, after the word “Chairman” there shall be inserted “or any member, not being also an employee”.
Subject to the following provisions of this section, on and after the day appointed for the coming into force of this subsection, no health service body shall be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and so far as concerns land in which the Secretary of State has an interest, at any time when— the interest of the Secretary of State shall be treated for the purposes of any enactment or rule of law relating to Crown land or interests as if it were an interest held otherwise than by the Secretary of State (or any other emanation of the Crown).
by virtue of directions under any provision of the National Health Service Act 2006, the National Health Service (Wales) Act 2006,... or the Health and Medicines Act 1988 or by virtue of orders under section 2 or section 10 of the National Health Service (Scotland) Act 1978, powers of disposal or management with respect to the land are conferred on a health service body, or
the land is otherwise held, used or occupied by a health service body,
In Schedule 8 to this Act—
Part I has effect to continue certain exemptions for health service bodies and property held, used or occupied by such bodies;
the amendments in Part II have effect, being amendments consequential on subsection (1) above; and
the transitional provisions in Part III have effect in connection with the operation of subsection (1) above.
Where, as a result of the provisions of subsection (1) above, by virtue of his employment during any period after the day appointed for the coming into force of that subsection— any benefits provided to him by virtue of the contractual rights referred to in paragraph (a) above shall be taken as satisfying his entitlement to benefits under that Part of that Act.
an employee has contractual rights against a health service body to benefits in the event of his redundancy, and
he also has statutory rights against the health service body under Part XI of the Employment Rights Act 1996 (redundancy payments),
Nothing in subsection (1) above affects the extent of the expression “the services of the Crown” where it appears in— and, accordingly, services provided in pursuance of any power or duty of the Secretary of State under the National Health Service Act 2006 or Part I or Part III of the National Health Service (Scotland) Act 1978 shall continue to be regarded as included in that expression, whether the services are in fact provided by a health service body, a National Health Service trust or any other person.
Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services of the Crown etc.); and
sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown);
The Secretary of State may by order made by statutory instrument provide that, in relation to any enactment contained in a local Act and specified in the order, the operation of subsection (1) above shall be excluded or modified to the extent specified in the order.
No order shall be made under subsection (5) above unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
In this section “health service body” means—
......... a Health Authority . . . ;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;
a Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006;
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Healthcare Improvement Scotland established under section 10A of that Act;
the Common Services Agency for the Scottish Health Service;
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the Scottish Dental Practice Board; . . .
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“Conveyance or Transfer on Sale”,
“Conveyance or Transfer of any kind not hereinbefore described”,
“Lease or Tack”,
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A health service body, within the meaning of section 519A of the Income and Corporation Taxes Act 1988
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There shall be established in accordance with this section a Clinical Standards Advisory Group (in this section referred to as “the Advisory Group”) which shall have the following functions—
in accordance with a request made by the Health Ministers or any one of them, to provide advice on the standards of clinical care for, and the access to and availability of services to, national health service patients and, in this connection, to carry out such investigations into such matters (if any) and to make such reports in relation thereto as the Health Ministers may require;
in accordance with a request made by one or more health service bodies, to provide advice on, to carry out investigations into and to report on the standards of clinical care for, and the access to and availability of services to, national health service patients for whom services are or are to be provided by or on behalf of the body or bodies concerned; and
such other functions as may be prescribed by regulations.
The Advisory Group shall consist of a chairman and other members appointed by the Health Ministers and regulations may—
require that one or more members of the Advisory Group shall be appointed from persons nominated by such body or bodies as may be specified in the regulations; and
provide that one or more of the members who are not appointed from persons so nominated must fulfil such conditions or hold such posts as may be so specified.
Regulations may make provision as to—
the appointment, tenure and vacation of office of the chairman and members of the Advisory Group;
the appointment of and the exercise of functions by committees and sub-committees of the Advisory Group (including committees and sub-committees consisting wholly or partly of persons who are not members of the Advisory Group);
the procedure of the Advisory Group and any committees or sub-committees thereof; and
the attendance at meetings of the Advisory Group or any committee or sub-committee thereof of persons appointed by the Health Ministers and the extent of their participation in such meetings.
Proceedings of the Advisory Group, or of any committee or sub-committee of the Advisory Group, shall not be invalidated by any vacancy in membership or by any defect in a member’s appointment or qualifications.
The Health Ministers—
may pay to the chairman and members of the Advisory Group, or of any committee or sub-committee of the Advisory Group or any persons appointed as mentioned in subsection (3)(d) above, such sums by way of remuneration and travelling and other allowances as the Health Ministers, with the consent of the Treasury, may determine;
shall make available to the Advisory Group and to any committee or sub-committee thereof such staff and other services or facilities as are necessary to enable them to carry out their functions; and
shall defray such expenditure as is reasonably incurred by the Advisory Group in carrying out their functions.
Where the Advisory Group carry out an investigation or make a report in accordance with a request made by a health service body, that body shall reimburse, in such manner as the Health Ministers may determine, so much of the expenditure incurred by them under paragraphs (a) and (c) of subsection (5) above as they certify as being attributable to the carrying out of that investigation or the making of that report.
In this section—
“clinical care” means any action which is taken in connection with the diagnosis of illness or the care or treatment of a patient, and which is taken solely in consequence of the exercise of clinical judgment;
in England and Wales, by virtue of directions under section 13 or section 14 of the National Health Service Act 1977 or section 5 of this Act; or
“disabled person” has the same meaning as in that Act; and
“the Health Ministers” means the Secretaries of State respectively concerned with health in England, in Wales and in Scotland;
“health service body” means— a health authority, within the meaning of the National Health Service Act 1977, a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978, a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984, the Common Services Agency for the Scottish Health Service, a National Health Service trust constituted under Part I of this Act or under the National Health Service (Scotland) Act 1978, and a Family Health Services Authority;
“regulations” means regulations made by the Health Ministers and any such regulations may make different provision for different cases or descriptions of case, including different provision for different areas; and
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Part III (control of hospital building outside National Health Service) and Part IV (supplementary and general) of the Health Services Act 1976 shall cease to have effect.
Notwithstanding the repeal of Part III of the Health Services Act 1976 by this Act,—
that Part shall continue to have effect in relation to any authorisation granted by the Secretary of State under section 13(2) of that Act which is in force when that repeal takes effect; and
the amendment made by section 19(4)(b) of that Act shall continue to have effect.
There shall be paid out of moneys provided by Parliament—
any sums required by the Secretary of State for making loans to a National Health Service trust;
any sums required by the Secretary of State for fulfilling a guarantee of a sum borrowed by a National Health Service trust;
any amount paid as public dividend capital under paragraph 5 of Schedule 3 to this Act;
any expenses of the Secretary of State under this Act; and
any increase attributable to this Act in the sums so payable under any other enactment.
Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.
Any power to make regulations conferred by this Act shall be exercisable by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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Schedule 9 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
The enactments specified in Schedule 10 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the National Health Service and Community Care Act 1990.
This Act, other than this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes and for different areas or descriptions of areas.
An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force.
. . . Part II, other than section 34, and Part IV of this Act do not extend to England and Wales; and Part III of this Act, other than subsections (3) and (4) of section 42, subsections (1) and (3) to (6) of section 44 and section 45, does not extend to Scotland.
This Act, other than sections 59 ,61 and 62 , does not extend to Northern Ireland.
The Secretary of State may by order made by statutory instrument provide that so much of this Act as extends to England and Wales shall apply to the Isles of Scilly with such modifications, if any, as are specified in the order and, except as provided in pursuance of this subsection, Parts I and III of this Act do not apply to the Isles of Scilly.
Sections 1 and 2.
A Regional Health Authority shall consist of— Except in so far as regulations otherwise provide, no person who is an officer of the authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure)—
A District Health Authority for a district in England shall consist of— Except in so far as regulations otherwise provide, no person who is an officer of the authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure), but subject to sub-paragraph (3) below, regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) above must fulfil prescribed conditions or hold posts of a prescribed description. In the case of a prescribed authority, at least one of the persons appointed under sub-paragraph (1)(b) above must hold a post in a university with a medical or dental school.
A District Health Authority for a district in Wales shall consist of— Sub-paragraphs (2) and (3) of paragraph 2 above apply in relation to sub-paragraph (1) above as they apply in relation to sub-paragraph (1) of that paragraph.
A Family Health Services Authority in England shall consist of— and, if the Secretary of State so directs, the Authority shall also include not more than a prescribed number of other officers of the Authority appointed by the chairman and the members appointed under paragraphs (b) and (c) above. No person who is an officer of the Authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure), regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) above must fulfil prescribed conditions or hold posts of a prescribed description.
A Family Health Services Authority in Wales shall consist of— and, if the Secretary of State so directs, the Authority shall also include not more than a prescribed number of other officers of the Authority appointed by the chairman and the members appointed under paragraphs (b) and (c) above. Sub-paragraph (2) of paragraph 4 above applies in relation to sub-paragraph (1) above as it applies in relation to sub-paragraph (1) of that paragraph.
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at the end of paragraph (a) there shall be added the words “and any members of a committee or sub-committee of an authority who are not members of the authority”;
after paragraph (a) there shall be inserted the following paragraph—; and
in paragraph (b) after the word “appointment” there shall be inserted “and constitution”.
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provide training for persons employed or likely to be employed by the trust or otherwise in the provision of services under the principal Act; and
make facilities and staff available in connection with training by a university or any other body providing training in connection with the health service.
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the provision of those goods or services is not pursuant to an NHS contract, and
the individual is resident outside the United Kingdom and is of a description (being a description associating the individual with another country) specified for the purposes of this paragraph by a direction made by the Secretary of State,
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after the words “Secretary of State” there shall be inserted “or an NHS trust”; and
after the word “him” there shall be inserted “or, as the case may be, by the trust”.
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for paragraph (b) there shall be substituted—; and
at the end there shall be added “and the National Health Service and Community Care Act 1990”.
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that land had been acquired by the trust as mentioned in subsection (1) of that section; and
the trust were a statutory undertaker, within the meaning of that Act.
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In section 11 (establishment of Audit Commission), in subsection (1) after the words “Local Authorities” there shall be inserted “and the National Health Service”. In subsection (2) of that section,—
In section 12 (accounts subject to audit), in subsection (2) after paragraph (e) there shall be inserted—. After subsection (3) of that section there shall be inserted the following subsections— After subsection (4) of that section there shall be inserted the following subsection—
In section 13 (appointment of auditors), in each of subsections (3) and (4), after the word “body”, in the first place where it occurs, there shall be inserted “other than a health service body”. In subsection (5) of that section after the words “Secretary of State” there shall be inserted “or is a person for the time being approved by the Secretary of State, acting on the recommendation of the Commission”. After subsection (5) of that section there shall be inserted the following subsection—
In section 14 (code of audit practice), at the end of subsection (1) there shall be added “and a different code may be prepared with respect to the audit of the accounts of health service bodies as compared with the code applicable to the accounts of other bodies”. At the end of the section there shall be added the following subsection—
In section 15 (general duties of auditors), in subsection (1)(a) after the words “section 23 below” there shall be inserted “or, in the case of a health service body, directions under subsection (2) or subsection (2B) of section 98 of the National Health Service Act 1977”.
In section 16 (auditor’s rights to obtain documents and information) after subsection (1) there shall be inserted the following subsection—
In section 17 (public inspection of accounts and right of challenge), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.
In section 18 (auditor’s reports), in subsection (4) after the word “Commission” there shall be inserted “and, in the case of a health service body, to the Secretary of State”.
In section 19 (declaration that item of account is unlawful), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.
In section 20 (recovery of amount not accounted for etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.
In section 21 (fees for audit), after subsection (2) there shall be inserted the following subsection—
In section 22 (extraordinary audit), at the beginning of each of subsections (1) and (3) there shall be inserted “Subject to subsection (4A) below”. After subsection (4) of that section there shall be inserted the following subsection—
In section 23 (regulations as to accounts), in subsection (1) after the words “this Part of this Act” there shall be inserted “other than health service bodies”.
In section 24 (right of local government elector to inspect accounts etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than a health service body”.
At the end of section 25 (audit of accounts of officers) there shall be inserted the following subsection —
In section 25A (power of auditor to issue prohibition order), in subsection (1) after the words “Part of this Act”, in the first place where they occur, there shall be inserted “other than a health service body”.
In section 25D (power of auditor to apply for judicial review), in subsection (1) after the word “body”, in the first place where it occurs, there shall be inserted “other than a health service body”.
In section 26 (studies for improving economy etc. in services), at the end of subsection (3) there shall be added “and, in the case of studies relating to a health service body, shall, on request, furnish to the Comptroller and Auditor General, all material relevant to the studies”. At the end of subsection (4) of that section there shall be added “and, in the case of any health service bodies, the Commission shall also consult the Secretary of State and the Comptroller and Auditor General”.
In section 27 (reports on impact of statutory provisions etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than health service bodies”. At the end of that section there shall be added the following subsection—
In section 29 (miscellaneous functions of Commission), at the end of subsection (2) there shall be added “or, in the case of a health service body, such other organisations as appear to the body to be appropriate”. At the end of subsection (3) of that section there shall be added “or the National Health Service”.
In section 30 (restriction on disclosure of information), in subsection (1)(b) after the words “Part of this Act” there shall be inserted “or, in the case of a health service body, for the purposes of the functions of the Secretary of State and the Comptroller and Auditor General under the National Health Service Act 1977”.
In section 33 (commencement and transitional provisions) after subsection (4) there shall be inserted the following subsection—.
In Schedule 3 (provisions as to the Commission), in paragraph 3(3) for the word “and”, in the last place where it occurs, there shall be substituted “or, as the case may require, such organisations connected with the health service as appear to him to be appropriate and (in either case)”. At the beginning of paragraph 9 there shall be inserted “Subject to sub-paragraph (2) below” and at the end of the paragraph there shall be inserted—
In section 36 (interpretation), in subsection (1),—
in the definition of “the Commission” after the words “Local Authorities” there shall be inserted “and the National Health Service”; and
after that definition there shall be inserted—.
Section 27.
Schedule 1 to the 1978 Act shall be amended in accordance with paragraphs 2 to 7 below.
After paragraph 2 of that Schedule (membership of Health Boards) there shall be inserted the following paragraph—
In paragraph 4 of that Schedule (remuneration), after the words “Health Board” there shall be inserted “and to such other members of a Health Board as may be prescribed”.
At the end of paragraph 5A of that Schedule there shall be added the words “and a direction under that paragraph may relate to a particular officer or servant or class of officer or servant specified in the direction”.
After paragraph 7 of that Schedule there shall be inserted the following paragraphs—
After paragraph 8 of that Schedule there shall be inserted the following paragraph—.
In paragraph 11(b) of that Schedule (delegation to committees etc), for the words “composed, as to a majority, by members of Health Boards” there shall be substituted “constituted in accordance with the regulations”.
Schedule 5 to the 1978 Act shall be amended in accordance with paragraphs 9 to 12 below.
In paragraph 3 of that Schedule (appointment of chairman and members) for the words from “other members appointed” to the end there shall be substituted “such other members as the Secretary of State may, after consultation with the Health Boards, appoint.”
In paragraph 3A of that Schedule (remuneration), after the words “management committee” there shall be inserted “and to such other members of the management committee as may be prescribed”.
After paragraph 7A of that Schedule there shall be inserted the following paragraphs—
After paragraph 8 of that Schedule there shall be inserted the following paragraphs—.
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in paragraph 6(b) (delegation to committees etc), for the words “composed, as to a majority, of members of a State Hospital Management Committee” there shall be substituted “constituted in accordance with the regulations”; and
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Section 32.
Section 36.
Part VII of the Local Government (Scotland) Act 1973 (finance) shall be amended in accordance with paragraphs 2 to 13 below.
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Section 97 (establishment of Commission for Local Authority Accounts in Scotland) shall be amended as follows. In subsection (1)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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after the word “authority” in both places where it occurs there shall be inserted “or health service body”; and
in paragraph (a), after the word “Act” there shall be inserted “or, in the case of a health service body, directions under section 86(3) of the National Health Service (Scotland) Act 1978”.
Section 100 (auditor’s right of access to documents) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After subsection (1) there shall be inserted the following subsection— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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In Schedule 8 (provisions as to the Commission), for the words “Commission for Local Authority Accounts in Scotland” in both places where they occur there shall be substituted “Accounts Commission for Scotland”.
Section 86 of the National Health Service (Scotland) Act 1978 (keeping and audit of accounts of certain Scottish health bodies) shall be amended as follows. In subsections (1) and (1A), for the words “by auditors appointed by the Secretary of State” there shall be substituted “in accordance with Part VII of the Local Government (Scotland) Act 1973 by auditors appointed by the Accounts Commission for Scotland”. After subsection (1B) there shall be inserted the following subsection— Subsection (2) shall cease to have effect.
Without prejudice to any express amendment made by this Act, for any reference in any enactment (including an enactment comprised in subordinate legislation) to the Commission for Local Authority Accounts in Scotland there shall be substituted a reference to the Accounts Commission for Scotland.
Section 60.
In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2) after the words “sub-section (1)(a) above” there shall be inserted—.
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At the end of section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business) there shall be added the following subsection—
In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security) in subsection (2) after paragraph (d) there shall be inserted the following paragraphs—.
In the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (procedure for authorising compulsory purchases), after paragraph 10 there shall be inserted the following paragraph—
In section 128 of the Town and Country Planning Act 1971 (use and development of consecrated land and burial grounds) after subsection (4) there shall be inserted the following subsection—
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At the end of section 16 of the Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase) there shall be added the following subsection—. In section 17 of that Act (local authority and statutory undertakers’ land) at the end of subsection (2) there shall be inserted the following subsection—
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For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.
For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.
In this Part of this Schedule—
“the appointed day” means the day appointed for the coming into force of subsection (1) of section 60 of this Act;
“functional health service land” means land which for the time being falls within paragraph (a) or paragraph (b) of that subsection;
“health service body” has the same meaning as in that section; and
“NHS trust” means such a trust established under Part I of this Act or the National Health Service (Scotland) Act 1978.
Notwithstanding section 60(1) of this Act, where, on or after the appointed day, relevant work is carried out by or on behalf of a health service body or an NHS trust— Part II of that Act shall apply to the relevant work as if it were being carried out before the appointed day. In sub-paragraph (1) above, “relevant work” means work in respect of which, before the appointed day, a health service body has granted a certificate that the detail design has been completed.
In any case where— then, on and after the appointed day and until the application is determined, the health service body or NHS trust concerned shall be treated for all purposes as if it held a licence or, as the case may be, a certificate of the description applied for. The declarations referred to in sub-paragraph (1)(b) above are,— For the purposes of sub-paragraph (1) above, an application is determined when the licensing authority— Expressions used in sub-paragraphs (1) to (3) above have the same meaning as in sections 18 to 22 of the Medicines Act 1968 (applications for, and grant of, licences), including, where applicable, any of those sections as applied by subsection (3) of section 36 of that Act in relation to applications falling within subsection (1) of that section.
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This paragraph applies if— So far as relates to the carrying out of the development of which notice was given as mentioned in sub-paragraph (1)(a) above, for the purposes of the arrangements referred to in that paragraph and of the Town and Country Planning Act 1971,— Subject to paragraph 12 above, expressions used in sub-paragraphs (1) and (2) above have the same meaning as in the Town and Country Planning Act 1971.
This paragraph applies if— So far as relates to the carrying out of the development of which notice was given as mentioned in sub-paragraph (1)(a) above, for the purposes of the arrangements referred to in that paragraph and of the Town and Country Planning (Scotland) Act 1997— Subject to paragraph 12 above, expressions used in sub-paragraphs (1) and (2) above have the same meaning as in the Town and Country Planning (Scotland) Act 1997.
If, immediately before the appointed day, approved work is proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) the fact that, on or after the appointed day, the work may be carried out by or on behalf of a health service body or an NHS trust shall not prevent it continuing to be regarded for the purposes of Part I of the Building Act 1984 as work carried out by a Crown authority. Subject to sub-paragraph (3) below, expressions used in sub-paragraph (1) above have the same meaning as in section 44 of the Building Act 1984 (application of Part I to Crown). Any reference in sub-paragraph (1) above to approved work is a reference to work in respect of which, before the appointed day, either a contract for carrying it out was entered into or all necessary design certificates were signed in accordance with arrangements relating to compliance with the substantive requirements of building regulations by Regional and District Health Authorities and certain Special Health Authorities.
This paragraph applies to a tenancy— If and so long as the interest of the landlord under a tenancy to which this paragraph applies continues on and after the appointed day to belong in fact either to the Secretary of State or to an NHS trust, it shall be taken to belong to a government department for the purposes of— Expressions used in sub-paragraphs (1) and (2) above have the same meaning as in Part I of the Housing Act 1988 or, as the case may require, the Rent Act 1977.
This paragraph applies to a tenancy— If and so long as the interest of the landlord under a tenancy to which this paragraph applies continues on and after the appointed day to belong in fact either to the Secretary of State or to an NHS trust, it shall be taken to belong to a government department for the purposes of— Expressions used in sub-paragraphs (1) and (2) above have the same meaning as in Part II of the Housing (Scotland) Act 1988 or, as the case may be, the Rent (Scotland) Act 1984.
Section 66(1).
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In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions)—
in the definition of “voluntary hospital”, after the words “of the rates” there shall be inserted “or which is vested in an NHS trust”; and
“NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990.
In section 10(3)(a) (interpretation) of the Nursing Homes Registration (Scotland) Act 1938, after the words “local authority” there shall be inserted the words “or a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978.”.
In section 1(3) of the Public Health (Scotland) Act 1945 (regulations with regard to treatment and prevention of spread of certain diseases)—
after the words “Health Boards” there shall be inserted the words “or National Health Service trusts established under section 12A of the National Health Service (Scotland) Act 1978”; and
in the proviso to that subsection, after the word “Board” there shall be inserted the words “National Health Service trust,”.
At the beginning of subsection (4) of section 21 of the National Assistance Act 1948 (accommodation provided under section 21 to be provided in premises managed by a local authority) there shall be inserted “Subject to the provisions of section 26 of this Act”. For paragraphs (b) and (c) of subsection (7) of that section (which enable health services to be provided on premises where accommodation is provided under that section) there shall be substituted— At the end of subsection (8) of that section (which excludes from that section provision required to be made by a local authority under other enactments) there shall be inserted “or authorised or required to be provided under the National Health Service Act 1977”. In section 24 of that Act (authority liable for provision of accommodation)— In section 26 of that Act (provision of accommodation in premises maintained by voluntary organisations etc.)— Subsections (2) and (3) of section 35 of that Act (duty of authorities to exercise functions under Part III of that Act in accordance with regulations) shall cease to have effect. Section 36 of that Act (default powers of Minister) shall cease to have effect. Section 54 of that Act (which enables inquiries to be held for the purposes of that Act) shall cease to have effect. In paragraph (f) of section 65 of that Act (application to Scotland)—
In Schedule 1 to the Public Records Act 1958 (definition of public records), in the Table in Part I, in the entry relating to the Department of Health, in the second column—
after the words “National Health Service Authorities” there shall be inserted “including National Health Service trusts”; and
for the words “National health service hospitals” there shall be substituted “health service hospitals, within the meaning of the National Health Service Act 1977”.
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in subsection (4A)(b) after the words “health authority” there shall be inserted “or NHS trust”; and
at the end of subsection (10) there shall be added “and “NHS trust” means a National Health Service trust established under the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978”.
In section 1 of the Abortion Act 1967 (medical termination of pregnancy), in subsection (3) after the words “National Health Service (Scotland) Act 1978” there shall be inserted “or in a hospital vested in a National Health Service trust”.
In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes)—
in subsection (5)(d) for the words “and any special health authority” there shall be substituted “any special health authority and any National Health Service trust”; and
in subsection (6)(c) for the words “or special health authority” there shall be substituted “special health authority or National Health Service trust”.
The Social Work (Scotland) Act 1968 shall be amended as follows. In section 2 (the social work committee), in subsection (2) after paragraph (k) there shall be inserted— In section 4 (provisions relating to performance of functions by local authorities), after the word “Act”, there shall be inserted the words “or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984,”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 12 (general social welfare services of local authorities) at the end there shall be inserted— In section 14 (home help), for the words— In section 59(1) (provision of residential and other establishments), at the beginning there shall be inserted the words “Subject to section 13A of this Act,”. In section 61(1A) (definition of “establishment”)— In subsection (1) of section 67 (inspection of establishments by local authorities)— In subsection (2) of the said section 67, for the word “officer”, in both places where it occurs, there shall be substituted the word “person”. or In subsection (3) of the said section 86, after the words “1978” there shall be inserted the words “or in a hospital managed by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978”. In section 87 (charges for services and accommodation),— In subsection (1) of section 94 (interpretation),—
In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee)—
in the entry relating to the Children Act 1989, in the second column after the words “health authorities” there shall be inserted “National Health Service trusts”;
Sections 6 and 7B of this Act Appointment of director of social services, etc; provision and conduct of complaints procedure.
National Health Service and Community Care Act 1990 (c.19) Section 46 Preparation of plans for community care services. Section 47 Assessment of needs for community care services.
In section 2(1) of the Chronically Sick and Disabled Persons Act 1970, the words from “to the provisions” in the first place where they occur, to “the purpose) and” shall be omitted and after the words “Secretary of State)” there shall be inserted “and to the provisions of section 7A of that Act (which requires local authorities to exercise their social services functions in accordance with directions given by the Secretary of State)”.
In section 113 of the Local Government Act 1972 (placing of staff at disposal of other bodies),—
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at the end there shall be added the following subsection—
In section 462 (interpretation) of the Criminal Procedure (Scotland) Act 1975, in paragraph (a) of the definition of “hospital”, after the words “Secretary of State” there shall be inserted the words “or in a National Health Service trust”.
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In section 99(1)(b) of the Children Act 1975 (inquiries in Scotland) the words “paragraph (a) of section 1(4) and” shall cease to have effect and after the word “(h)” there shall be inserted “to (k)”.
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In section 2 of the National Health Service (Scotland) Act 1978 (Health Boards), in subsection (5) after the words “subsection (1)” there shall be inserted “and in exercising any function otherwise conferred on them by or under this Act”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 12 of that Act (Scottish Hospital Endowments Research Trust), after subsection (4) there shall be inserted the following subsections— In section 13 of that Act (co-operation between Health Boards and other authorities), after the word “Boards,” there shall be inserted “NHS trusts,”. In subsection (1)(a) of section 13A of that Act (co-operation in planning of services for disabled persons, the elderly and others) for the words from “being” to the end there shall be substituted the words “by Health Boards and such of the authorities mentioned in that section as may be concerned;”. For paragraph (b) of subsection (2) of section 25 of that Act (arrangements for provision of general dental services) there shall be substituted the following paragraph—. In section 27 of that Act (arrangements for provision of pharmaceutical services)— In section 28(2) of that Act (persons authorised to provide pharmaceutical services)— In section 55(1) (hospital accommodation on part payment) of that Act, after the word “hospital” there shall be inserted the words “vested in the Secretary of State”. In section 57(1) (accommodation and services for private patients), after the word “hospital” where it first occurs there shall be inserted “vested in the Secretary of State”. In section 73 of that Act (charges for more expensive supplies) at the end there shall be inserted—. or In section 75A of that Act (remission and repayment of charges and payment of travelling expenses)— In section 77 of that Act (default powers), after paragraph (a) of subsection (1) there shall be inserted—. In section 79 of that Act (purchase of land and moveable property)— In section 84 of that Act (power of trustees to make payments to Health Boards)— In section 84A of that Act (power to raise money by appeals etc)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 101 of that Act (protection of health bodies and their officers), after the word “Board” there shall be inserted “, an NHS trust”. In section 102(1) of that Act (management of state hospitals), for the word “90(2)” there shall be substituted “91(2)”. In section 105 of that Act (orders, regulations and directions)— In section 108(1) of that Act (interpretation)— In section 110 of that Act (citation, extent and commencement)— In Schedule 6 to that Act (the Hospital Trust)—
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in Part II, in the heading, after the words “NATIONAL HEALTH SERVICE ACT 1977” there shall be inserted “AND THE NATIONAL HEALTH SERVICE AND COMMUNITY CARE ACT 1990”;
at the end of that Part there shall be inserted “National Health Service trusts”; and
at the end of Part IV (bodies constituted under the National Health Service (Scotland) Act 1978), there shall be inserted “National Health Service trusts”.
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in subsection (1), after the words “Health Authority” there shall be inserted “or a National Health Service trust”; and
after the words “the Authority”, in each place where they appear, there shall be inserted “or trust”.
In the Acquisition of Land Act 1981, in section 17 (local authority and statutory undertakers’ land), in subsection (4), in the definition of “statutory undertakers” after paragraph (a) there shall be inserted—.
In section 12 of the Mental Health Act 1983 (general provisions as to medical recommendations), in subsection (3) after the words “National Health Service Act 1977” there shall be inserted “or paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990”. In section 19 of that Act (regulations as to transfer of patients), in subsection (3)— In section 23 of that Act (discharge of patients)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 32 of that Act (regulations for purposes of Part II), in subsection (3) . . . and for the words “and authorities” there shall be inserted “authorities and trusts”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 139 of that Act (protection for acts done in pursuance of the Act), at the end of subsection (4) there shall be inserted “or against a National Health Service trust established under the National Health Service and Community Care Act 1990”. In section 140 of that Act (notification of hospitals having arrangements for reception of urgent cases) after the words “administered by” there shall be inserted “or otherwise available to”. In section 145(1) of that Act (definitions) in the definition of “the managers”, after paragraph (b) there shall be inserted the following paragraph—.
In section 17 of the Health and Social Services and Social Security Adjudications Act 1983 (charges for local authority services in England and Wales) after paragraph (e) of subsection (2) (services to which that section applies) there shall be inserted “other than the provision of services for which payment may be required under section 22 or 26 of the National Assistance Act 1948”. In subsection (8) of section 21 of that Act (recovery of sums due to local authority where persons in residential accommodation have disposed of assets), at the end there shall be inserted the words “or section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,”.
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In section 2 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (rights of authorised representatives of disabled persons), in subsection (5) (by virtue of which a disabled person’s authorised representative may visit and interview him in various categories of accommodation)— In section 7 of that Act (persons discharged from hospital), in subsection (9), in the definition of “managers” the word “and” at the end of paragraph (c) shall be omitted and after that paragraph there shall be inserted—.
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Section 1 of the AIDS (Control) Act 1987 (periodical reports on matters relating to AIDS and HIV) shall be amended as follows— In the Schedule to that Act (contents of reports), after the word “Authority”, in each place in which that word appears, there shall be inserted “NHS trust”.
In section 1 of the Community Health Councils (Access to Information) Act 1988 (access to meetings and documents of Community Health Councils), in subsection (6)(a) after the words “exercises functions” there shall be inserted “or any National Health Service trust which is established under Part I of the National Health Service and Community Care Act 1990 and carries on any of its activities from premises in the area of the authority”.
In section 7 of the Health and Medicines Act 1988 (extension of powers for financing the health service) in subsection (2), after the word “powers”, in the second place where it occurs, there shall be inserted “(exercisable outside as well as within Great Britain)”.
In section 161 of the Road Traffic Act 1988 (interpretation) in subsection (1), in the definition of “hospital” for the word “an”, in the first place where it occurs, there shall be substituted “any health service hospital, within the meaning of the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 and any other”.
In section 21 of the Children Act 1989 (provision of accommodation for children in police protection etc.), in subsection (3) after the words “vested in the Secretary of State” shall be inserted the words “or otherwise made available pursuant to arrangements made by a District Health Authority”. In section 24 of that Act (advice and assistance for certain children)— In section 29 of that Act (recoupment of cost of providing services etc.), at the end of paragraph (c) of subsection (8) there shall be added the words “or any other hospital made available pursuant to arrangements made by a District Health Authority”. In section 80 of that Act (inspection of children’s homes etc.).— In section 85 of that Act (children accommodated by health authorities and local education authorities), in subsection (1) after the words “health authority” there shall be inserted “National Health Service trust”.
In section 27 of the Opticians Act 1989 (sale and supply of optical appliances), at the end of subsection (4)(b)(i) there shall be inserted “or the National Health Service and Community Care Act 1990”.
Section 66(2). Chapter Short title Extent of repeal 1 & 2 Geo.6 c. 73. The Nursing Homes Registration (Scotland) Act 1938. Section 1(3)(bb) and (bc). 11 & 12 Geo.6 c. 29. The National Assistance Act 1948. In section 21(8) the words from the beginning to “subsection”. Section 22(7). In section 26, in subsections (2) and (5) the words “subsection (1) of”. Section 35(2) and (3). Section 36. In section 41(1) the words “the Mental Health Act 1959, or”. Section 54. 7 & 8 Eliz.2 c. 72. The Mental Health Act 1959. In section 8, subsection (1), in subsection (2) the words from the beginning to “description; and” and the words “accommodation or” in the second place where they occur and subsection (3). 1968 c. 46. The Health Services and Public Health Act 1968. Section 44(1). In section 45, in subsection (5), in paragraph (b) the word “36” and in paragraph (c) the word “54”. 1968 c. 49. The Social Work (Scotland) Act 1968. In section 1, in subsection (4)(b), the word “and”, and subsection (4)(c). 1970 c. 44. The Chronically Sick and Disabled Persons Act 1970. In section 2(1) the words from “to the provisions” in the first place where they occur, to “the purpose) and”. 1971 c. 40. The Fire Precautions Act 1971. In section 40, subsections (2)(c) and (10). 1972 c. 70. The Local Government Act 1972. In Schedule 23, in paragraph 2, in sub-paragraph (3) the words from “in subsection (1)” to “whereby” and" and “of that section” and sub-paragraph (7), and paragraph 9(1). 1973 c. 32. The National Health Service Reorganisation Act 1973. In Schedule 4, paragraph 45. 1975 c. 14. The Social Security Act 1975. In section 35(6)(a) the words from “paragraph 2” to “1977”. 1975 c. 72. The Children Act 1975. In section 99(1)(b) the words “paragraph (a) of section 1(4) and”. 1976 c. 83. The Health Services Act 1976. The whole Act. 1977 c. 49. The National Health Service Act 1977. In section 8, in subsection (1) the word “areas”, in each place where it occurs, and in paragraph (b) the word “or”, where it first appears; subsection (1A)(b); in subsection (2) the words “area or” (and “Area or”), in each place where they occur; in subsection (3) the words “areas or” and “area or”; subsection (5). Section 10(7). In section 11(1) the words “Area or”. In section 12(a) the words “Area Health Authorities”. In section 13(1) the words “an Area Health Authority of which the area is in Wales”. In section 14 the words “Area or” and “area or”, in each place where they occur. In section 16, in subsection (1) the words “Area or”, where they occur in paragraphs (c) and (d); in subsection (2) the words “an Area Health Authority”, in the first place where they occur, and the words “an Area Health Authority and a District Health Authority are equivalent to each other”. In section 18(3) the words “Area or”. Section 33(7). In section 41(b) the final word “and”. Section 55. Section 85(1)(e), (3) and (4). In section 91(3)(b) the words “Area or”. In section 97(6) the word “Area”. In section 98, subsections (1)(b) and (3). Section 99(1)(b). In Schedule 5, Parts I and II in paragraph 8 the words “Area Health Authority” and paragraph 15(2). In Schedule 8, in paragraph 2, sub-paragraph (1)(a), in sub-paragraph (3) the words “residential accommodation or”, and sub-paragraph (4). In Schedule 14, in paragraph 13(1)(b) the word “44”. In Schedule 15, paragraphs 5, 24(1), 63 and 67. 1978 c. 29. The National Health Service (Scotland) Act 1978. Section 2(9). Sections 5 and 6. In section 7(2), the words from “by local authorities” to “and for the appointment”. In section 10, in subsection (4), the words “the Planning Council”, and subsection (9). Section 13A(1)(c). Section 13B. Section 23(7). Section 57(3). Section 85(1)(a). Section 86(2). In section 108(1), the definitions of “the national consultative committees” and “the Planning Council”. Schedule 3. In Schedule 15, in paragraph 10(b) “82” and paragraph 15. 1978 c. 44. The Employment Protection (Consolidation) Act 1978. In section 99, in subsection (1), paragraph (c) and the word “or” immediately preceding it. In section 111(1)(a) the words “or paragraph (c)”. Section 138(5). Section 149(1)(d). Schedule 5. 1980 c. 53. The Health Services Act 1980. Sections 12 to 15. Section 22. In Schedule 1, paragraph 5; in paragraph 78, sub-paragraphs (2) to (6); paragraph 79. In Schedule 2, paragraphs 1 to 6. Schedule 3. In Schedule 4, paragraph 7(b). 1983 c. 20. The Mental Health Act 1983. Section 124. In section 135(6) the words from “or under” to “1977”. 1983 c. 41. The Health and Social Services and Social Security Adjudications Act 1983. In section 30, in subsection (3), paragraph (a) and in the words following paragraph (b) the words “2(1) and” and “respectively”. 1984 c. 22. The Public Health (Control of Disease) Act 1984. In section 37(1) the words “Area or”. In section 41(1) the words “Area or”. 1984 c. 23. The Registered Homes Act 1984. Section 25(1)(d) and (e). 1984 c. 36. The Mental Health (Scotland) Act 1984. Section 13(1)(c). 1984 c. 48. The Health and Social Security Act 1984. In Schedule 3, paragraphs 6(a) and 12. 1986 c. 33. The Disabled Persons (Services, Consultation and Representation) Act 1986. In section 2(5)(b), the words “or Schedule 8 to the 1977 Act”. 1986 c. 50. The Social Security Act 1986. In Schedule 10, paragraph 32(2). 1986 c. 66. The National Health Service (Amendment) Act 1986. Sections 1 and 2. 1988 c. 9. The Local Government Act 1988. In Schedule 1, in paragraph 2(4)(b) the words from “Schedule 8” to “1977”. 1988 c. 41. The Local Government Finance Act 1988. In Schedule 1, in paragraph 9(2)(b) the words from “or paragraph” to “1977”. 1988 c. 49. The Health and Medicines Act 1988. In Schedule 2, paragraph 11. 1989 c. 42. The Local Government and Housing Act 1989. In section 184, subsections (1) and (3). 1990 c. 19. The National Health Service and Community Care Act 1990. Section 36(5).