Health and Medicines Act 1988
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sums received by him under subsection (2) above; and
dividends or other sums received by him in right of, or on the disposal of, any securities or rights acquired under this section,
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any sums received by the Secretary of State under subsection (2) above; and
any dividends or other sums received by him in right of, or on the disposal of, any securities or rights acquired under this section.
Schedule 1 to this Act shall have effect for the purpose of supplementing the provisions of this section.
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The Secretary of State may by regulations made by statutory instrument with the consent of the Treasury make provision—
for guaranteeing the whole or any part of the liability incurred by any person for payments in respect of a loan made to that person in connection with premises to be wholly or partly used by that person for the provision of general medical services under Part II of the National Health Service Act 1977 or Part II of the National Health Service (Scotland) Act 1978; and
for indemnifying a person who has made such a loan to such a person against the whole or any part of any loss arising in connection with the loan.
Sums required to fulfil a guarantee or indemnity under this section shall be paid out of money provided by Parliament.
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any power conferred on the Secretary of State by the articles of association of the successor company shall be exercisable in the national interest notwithstanding any rule of law and the provisions of any enactment.
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The following section shall be inserted after section 2 of the National Health Service Act 1966—
The Secretary of State may by direction—
prohibit the making by the Corporation after a date specified in the direction of offers to lend money;
prohibit the making of loans by the Corporation after a date so specified; and
make any prohibition contained in a direction under this subsection subject to such exceptions as may be specified in it.
In section 6(3) of the National Health Service Act 1966 (Corporation’s borrowing powers) for “£150 million” there shall be substituted “£160 million”.
At any time when the successor company is wholly owned by the Crown the Treasury may guarantee, in such manner and on such conditions as they think fit, the redemption or repayment of any stock issued or temporary loan raised by the successor company and the payment of interest on any such stock or loan.
Immediately after any guarantee is given under this section the Treasury shall lay a statement of the guarantee before each House of Parliament, and where any sum is issued for fulfilling such a guarantee or a guarantee such as is mentioned in subsection (6) below the Treasury shall, as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before each House of Parliament a statement relating to that sum.
Any sums required by the Treasury for fulfilling any guarantee given or treated as given under this section shall be charged on and issued out of the Consolidated Fund.
If any sums are issued in fulfilment of any guarantee given or treated as given under this section, the successor company shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury may direct in or towards repayment of the sums so issued and payments of interest on what is outstanding for the time being in respect of sums so issued at such rates as the Treasury may direct.
Any sums received by the Treasury under this section shall be paid into the Consolidated Fund.
Any guarantee given by the Treasury under section 7 of the National Health Service Act 1966 with respect to a liability of the Corporation which becomes a liability of the successor company by virtue of section 1 above shall be treated as if it were a guarantee given under this section.
Any guarantee given or treated as given under this section shall be extinguished when the successor company ceases to be wholly owned by the Crown.
The successor company shall be regarded for the purposes of this Act as wholly owned by the Crown at any time when each of the issued shares in the company and the whole of any stock issued by it is held by, or by a nominee of, the Secretary of State.
For the purposes of any statutory accounts of the successor company—
the vesting effected by virtue of section 1 above—
shall be taken to have been a vesting of all the property, rights and liabilities (other than any excepted property, rights and liabilities) to which the Corporation was entitled or subject immediately before the end of the last complete financial year ending before the vesting effected by virtue of section 1 above; and
shall be taken to have been effected immediately after the end of that year; and
the value of any asset and the amount of any liability of the Corporation taken to have been vested in the successor company by virtue of paragraph (a) above shall be taken to be the value or (as the case may be) the amount assigned to that asset or liability for the purposes of the corresponding statement of accounts prepared by the Corporation in respect of that year in pursuance of section 8 of the National Health Service Act 1966.
For the purposes of any statutory accounts of the successor company the amount to be included in respect of any item shall be determined as if anything done by the Corporation (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the successor company. Accordingly (but without prejudice to the generality of the preceding provision) the amount to be included from time to time in any reserves of the successor company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Corporation had been realised and retained by the successor company.
References in this section to the statutory accounts of the successor company are references to any accounts prepared by the successor company for the purposes of any provision of the Companies Act 2006; and in this section “complete financial year” means a financial year ending with 31st March.
Subject to subsection (2) below, if on the day specified under section 1(1) above the successor company is a company limited by shares which is wholly owned by the Crown, it shall be treated for all purposes of corporation tax as if it were the same person as the Corporation.
The successor company shall not by virtue of subsection (1) above be regarded as a body falling within section 170(12) of the Taxation of Chargeable Gains Act 1992 (bodies established for carrying on industries or undertakings under national ownership or control).
In order to make more income available for improving the health service (as defined in the National Health Service Act 2006 or the National Health Service (Scotland) Act 1978), the Secretary of State shall have the powers specified in subsection (2) below; but for the avoidance of doubt it is hereby declared that nothing in this section authorises him or any body to which he gives directions under subsection (3) below to disregard any enactment or rule of law or to override any person’s contractual or proprietary rights.
The powers mentioned in subsection (1) above are powers (exercisable outside as well as within Great Britain)—
to acquire, produce, manufacture and supply goods;
to acquire land by agreement and manage and deal with land;
to supply accommodation to any person;
to supply services to any person and to provide new services;
to provide instruction for any person;
to develop and exploit ideas and exploit intellectual property;
to do anything whatsoever which appears to him to be calculated to facilitate, or to be conducive or incidental to, the exercise of any power conferred by this subsection; and
to make such charge as he considers appropriate for anything that he does in the exercise of any such power and to calculate any such charge on any basis that he considers to be the appropriate commercial basis.
The Secretary of State may give directions (having regard to the existing work of voluntary bodies)— and it shall be the duty of the body in question to comply with the directions.
for the exercise of any of those powers by any body constituted under ... the National Health Service (Scotland) Act 1978; and
with respect to the manner in which any such body is to exercise any such power;
The directions may provide that any power to which they relate shall be exercisable subject to any limitations specified in the directions.
The directions may be varied or revoked by subsequent directions.
The Secretary of State shall exercise the powers specified in subsection (2)(c) and (d) above only if and to the extent that he is satisfied that anything which he proposes to do in the exercise of those powers does not fall within section 65 of the National Health Service Act 1977 or section 57 of the National Health Service (Scotland) Act 1978.
The Secretary of State shall exercise the powers specified in subsection (2)(f) above only after consulting (to the extent that it appears to him to be practical) any person who appears to him to have an interest through his own previous research in the ideas or intellectual property in question as to whether he should exercise them and, if so, as to any financial arrangements.
The Secretary of State shall exercise the powers specified in subsection (2) above only if and to the extent that he is satisfied that anything which he proposes to do—
will not to a significant extent interfere with the performance by him of any duty imposed on him by the National Health Service Act 2006 or the National Health Service (Scotland) Act 1978; and
will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at hospitals vested in the Secretary of State for the purposes of his functions under either of those Acts (whether as resident or non-resident patients) otherwise than under section 65 of the National Health Service Act 1977 or section 57 of the National Health Service (Scotland) Act 1978.
The power specified in paragraph (g) of subsection (2) above includes power for the Secretary of State— where it appears to him that to do so is calculated to facilitate, or to be conducive or incidental to, the exercise of any power conferred by that subsection.
to form, or participate in the forming of, companies,
to invest in companies (whether by acquiring assets, securities or rights or otherwise), and
to provide loans and guarantees and make other kinds of financial provision to or in respect of companies,
In section 63 of the National Health Service Act 1977 and in section 55 of the National Health Service (Scotland) Act 1978—
in subsection (1), for the words from “to such extent” to “those charges” there shall be substituted the words “for patients to such extent as he may determine, and may recover such charges as he may determine in respect of such accommodation and calculate them on any basis that he considers to be the appropriate commercial basis”; and
subsection (2) shall be omitted.
In subsection (7A) above “companies” means companies as defined in section 1(1) of the Companies Act 2006; and that subsection is without prejudice to—
the generality of paragraph (g) of subsection (2) above, and
any powers of the Secretary of State exercisable otherwise than by virtue of this section.
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The power specified in paragraph (g) of subsection (2) above includes power for the Scottish Ministers—
to form or participate in forming companies,
to— where it appears to them that to do so is calculated to facilitate, or to be conducive or incidental to, the exercise of any power conferred by that subsection.
participate in companies,
invest in companies (whether by acquiring assets, securities or rights or otherwise),
provide loans and guarantees and make other kinds of financial provision to or in respect of companies,
The following section shall be substituted for sections 57 and 58 of the National Health Service (Scotland) Act 1978—
In subsection (7C) above “companies” means companies as defined in section 1(1) of the Companies Act 2006; and that subsection is without prejudice to the generality of subsection (2) above.
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In section 98 of the National Health Service (Scotland) Act 1978 (which makes corresponding provision for Scotland) for the words “may be prescribed”, in the second place where they occur, there shall be substituted the words “the Secretary of State may determine”.
The references in subsection (6) and subsection (8) to section 65 of the National Health Service Act 1977 are references to that section prior to its repeal by the National Health Service (Consequential Provisions) Act 2006.
The Secretary of State may calculate charges under this section on any basis that he considers to be the appropriate commercial basis.
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The Secretary of State shall by regulations made by statutory instrument provide for the removal— of the name of any person who has attained an age specified in the regulations.
from any list maintained under section 29 of the National Health Service Act 1977 or section 19 of the National Health Service (Scotland) Act 1978;
from any list maintained under section 36 of the National Health Service Act 1977 or section 25(2) of the National Health Service (Scotland) Act 1978,
If at the time when his application is determined an applicant for inclusion in a list of any description mentioned in paragraph (a) or (b) of subsection (1) above is over the age specified in relation to a list of that description in regulations under that subsection, his application shall be refused.
The Secretary of State may pay— such amounts as he may determine in respect of any loss that he accepts that they have suffered as a consequence of the coming into force of regulations under subsection (1) above.
to persons whose names are removed by virtue of regulations under subsection (1) above from a list such as is mentioned in paragraph (b) of that subsection; or
to any description of such persons,
Before making such a determination the Secretary of State shall consult such organisations as appear to the Secretary of State to be representative of persons providing general dental services.
Regulations under this section may make such incidental or supplementary provision as the Secretary of State considers appropriate.
A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Payments of amounts under this section shall be made out of money provided by Parliament.
Regulation 76 of the National Health Service (Superannuation) Regulations 1980 and Regulation 75 of the National Health Service (Superannuation) (Scotland) Regulations 1980 (under which further employment as a practitioner between the ages of 65 and 70 years in the case of a person who became entitled to a pension as a practitioner on or after attaining the age of 65 years is to be disregarded for the purpose of determining whether his pension is to be reduced) are hereby revoked.
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in paragraph (a) (services the Secretary of State is required to provide for school pupils) of subsection (1) the words “and dental”, in both places where they occur, shall cease to have effect; and
the following subsections shall be inserted after that subsection—
In section 39 of the National Health Service (Scotland) Act 1978 (medical and dental inspection, supervision and treatment of pupils and young persons)—
in subsection (1)—
the words “and dental”, in both places where they occur, shall cease to have effect; and
after the word “supervision” there shall be inserted the words “and treatment”;
for subsection (2) there shall be substituted the following subsection—;
in subsection (3), for the words “and dental treatment made available under” there shall be substituted the words “treatment made available under subsection (1) and dental treatment made available for the purposes of”; and
in subsection (4)—
the words “and dental” shall cease to have effect; and
for the words “subsections (1) and (2)” there shall be substituted the words “subsection (1) and for the dental inspection, treatment and education described in subsection (2)”.
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The following subsection shall be inserted after subsection (1) of section 70 of the National Health Service (Scotland) Act 1978—
In subsection (1) of section 71 of that Act for the words “the amount authorised by this section” there shall be substituted the words “an amount calculated in accordance with section 71A”.
The following section shall be inserted after the said section 71—
... section 71(1) of the National Health Service (Scotland) Act 1978 shall cease to have effect so far as it provides that a charge may not be authorised for the clinical examination of a patient and any report on that examination.
In ... paragraph 2(4)(a) of Schedule 11 to the National Health Service (Scotland) Act 1978 for “16” there shall be substituted “18”.
... the Scottish Dental Estimates Board shall be renamed as “the Scottish Dental Practice Board”, and—
any enactment or instrument passed or made before the coming into force of this section shall have effect as if ... for any reference to the Scottish Dental Estimates Board there were substituted a reference to the Scottish Dental Practice Board; and
documents and forms printed or duplicated for use in connection with the performance of the functions of ... the Scottish Dental Estimates Board may be used notwithstanding that they refer to that Board , such references being construed as references to ... the Scottish Dental Practice Board.
Section 37 of the National Health Service Act 1977 shall be renumbered so as to become section 37(1) of that Act.
The following subsections shall be inserted—
after the resulting subsection (1); and
after section 4(1) of the National Health Service (Scotland) Act 1978—
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In sub-paragraph (1) of paragraph 2A ... and of Schedule 11 to the National Health Service (Scotland) Act 1978 after paragraph (c) (but not as part of it) there shall be added the words “or for which a prescription has been given for a person such as is mentioned in paragraph (a), (b) or (c) above in consequence of a testing of sight (not being a testing of sight under this Act) which took place in prescribed circumstances”.
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In section 26 of the National Health Service (Scotland) Act 1978 (arrangements for provision of general ophthalmic services) in subsection (1), for the words from “—(a) the” to the end there shall be substituted the wordsthe testing by such practitioners and opticians of the sight—
The Secretary of State may by regulations— Descriptions of persons may be prescribed under this paragraph by reference to any criterion and, without prejudice to the generality of this sub-paragraph, by reference to any of the criteria specified in section 75A(2). Subsection (4) of section 75A shall have effect in relation to regulations under this paragraph as it has effect in relation to regulations under that section.
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In subsection (2) of that section for the words “The foregoing subsection” there shall be substituted the words “Subsection (1) of this section.”
At the end of ... section 28A of the National Health Service (Scotland) Act 1978 (which makes corresponding provision for Scotland) there shall be added the words “and may include provision for the remuneration of persons providing those services in respect of the instruction of any person in matters relating to those services”.
At the end of subsection (2)(d) of each of those sections there shall be added the words “or instruction”.
Any determination in relation to remuneration in respect of services under ... Part II of the National Health Service (Scotland) Act 1978 which was made after the passing of this Act but at a time before the coming into force of a provision inserted by section 7 of the Health and Social Security Act 1984 shall be deemed to be validly made if regulations authorising such a determination could have been made had that provision been in force at that time.
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In section 85(2) of the National Health Service (Scotland) Act 1978 (restriction in relation to payments by Secretary of State in respect of expenditure attributable to performance by certain bodies of their functions), for the words “sums equal to the expenditure which he determines is attributable to the performance of those functions in that year” there shall be substituted the following paragraphs—
In section 85A of that Act (financial duties of certain bodies)—
in subsection (1)(a), after “85(1)” there shall be inserted the words “and, as the case may be, section 85(2)(a)”; and
in subsection (6)(c), after “85(1)” there shall be inserted the words “, or, as the case may be, section 85(2)(a)”.
Without prejudice to the generality of section 71, 72, 80 or 83 of the National Health Service (Wales) Act 2006, or section 126 or 129 of the National Health Service Act 2006 or of section 17P, 25(2), 26(2) or 27(2) of the National Health Service (Scotland) Act 1978, the powers to make regulations conferred by each of those sections include power—
to make provision as to the investigation (following a complaint or otherwise) of any matter relating to services under the section in question or, in relation to section 17P of the National Health Service (Scotland) Act 1978, primary medical services;
to specify—
who is to conduct an investigation;
whether an inquiry may be held in connection with an investigation;
rights of appeal following a decision or recommendation on an investigation;
who is to conduct an appeal; and
the procedure to be followed on any investigation, inquiry or appeal;
to direct that in prescribed circumstances one or more of the sanctions specified in subsection (2) below shall be available;
to make provision for any purposes (whether or not falling within paragraph (a), (b) or (c) above) that appear to the Secretary of State to correspond to the purposes of any provision contained in Part II of the National Health Service (Service Committees and Tribunal) Regulations 1974 or, as the case may be, Part II of the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974.
The sanctions mentioned in subsection (1)(c) above are—
in the case of any person—
recovery of an amount by deduction from his remuneration or otherwise; and
a warning that he should comply more closely with his obligations under arrangements made in accordance with the relevant regulations or in relation to section 17P of the National Health Service (Scotland) Act 1978, with any requirements placed on him by regulations made under that section; and
in the case of a dental practitioner or body corporate entitled, by virtue of section 43 of the Dentists Act 1984 (c. 24), to carry on the business of dentistry, a restriction on his or its carrying out treatment or a description of treatment without first obtaining from a body prescribed by the regulations approval of an estimate in relation to it.
Regulations made— shall be deemed to be validly made if they could have been validly made had this section been in force.
before the passing of this Act; or
after it but before the coming into force of this section,
This section applies also in relation to additional pharmaceutical services provided under arrangements made in accordance with directions under section 127 of the National Health Service Act 2006 or section 81 of the National Health Service (Wales) Act 2006 or section 27A of the National Health Service (Scotland) Act 1978.
Where a person becomes an employee of a body constituted under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 (other than an NHS trust or an NHS foundation trust), or the National Health Service (Scotland) Act 1978 ... on direct transfer from employment in the civil service of the State, his period of employment in the civil service of the State at the time of the transfer shall count for the purposes of the Employment Rights Act 1996 as a period of employment by the body whose employee he becomes, and the transfer shall not break the continuity of the period of employment or give rise to any right to a redundancy payment.
Section 28(4) of the National Health Service Act 1977 shall cease to have effect.
This section shall be deemed to have come into force on 26th November 1987.
No payment shall be made on a claim for payment of charges under section 28(4) of the National Health Service Act 1977 which is submitted on or after 26th November 1987 but the repeal of that subsection by this section does not have effect in relation to a case where such a claim is submitted before that date.
In section 63 of the Health Services and Public Health Act 1968—
in subsection (6)(a), after the word “section” there shall be inserted the words “and for ancillary administrative purposes,”; and
in subsection (8), in paragraph (a) of the definition of “the relevant enactments”, for the words “section 48 of the Education Act 1944, Part III of the National Assistance Act 1948, section 45 of this Act” there shall be substituted the words “, any enactment functions under which for the time being stand referred to committees established in pursuance of section 2 of the Local Authority Social Services Act 1970.”
The following paragraphs shall be inserted after paragraph (a) of subsection (1) of section 1 of the Medicines Act 1971—.
In paragraph (b) of that subsection, after the word “refund” there shall be inserted the words “, adjustment, set-off, waiver or reduction”.
The following subsection shall be inserted after that subsection—
Any regulations which purport to have been made under section 1 of the Medicines Act 1971— as if this section had been in force when they were made.
if they purport to be in force on the day this Act is passed, shall have effect and be deemed always to have had effect; and
if they do not purport to be in force on the day this Act is passed shall be deemed to have had effect at all times when they purported to be in force,
Regulations and orders made under the Medicines Act 1968 before the passing of this Act shall be construed as if section 103(1) of that Act, as originally enacted, had included the paragraphs added by subsection (1) above, but their addition does not extend the meaning of “specified publication”, where that term is used in regulations and orders so made.
The following paragraphs shall be inserted after paragraph (c) of section 103(1) of the Medicines Act 1968—
References to International Nonproprietary Names in regulations and orders made under that Act before the passing of this Act shall be construed as references to names contained from time to time in the Cumulative List.
In section 103(3) of the Medicines Act 1968 for the words “other than this”, there shall be substituted the words “contained in this Act or in any other”.
Regulations and orders made under that Act before the passing of this Act shall be construed as if—
section 103(3) of that Act, as originally enacted, had included the words added to it by subsection (4) above; and
the power to make them had been exercised in the manner provided by section 103(3).
In section 103(5) after the word “force”, in the second place where it occurs, there shall be inserted the words “, under whatever title,”.
Regulations and orders made under that Act before the passing of this Act shall be construed as if section 103(5), as originally enacted, had included the words added by subsection (6) above.
This section does not alter the meaning of any instrument in respect of a period before the passing of this Act.
The Secretary of State may provide by regulations that a person— shall be guilty of an offence.
who sells or supplies to another an HIV testing kit or any component part of such a kit;
who provides another with HIV testing services; or
who advertises such kits or component parts or such services,
The power to make regulations conferred by this section shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The power may be exercised—
either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and
so as to make, as respects the cases in relation to which it is exercised— and includes power to make such incidental or supplemental provision as the Secretary of State considers appropriate.
the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes;
any such provision either unconditionally, or subject to any specified condition,
If any person contravenes regulations under this section, he shall be liable—
on summary conviction to a fine not exceeding the statutory maximum; and
on conviction on indictment to a fine or to imprisonment for a term of not more than two years, or to both.
Where an offence under this section which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In this section—
“HIV” means Human Immunodeficiency Virus of any type;
“HIV” means Human Immunodeficiency Virus of any type;
“HIV testing kit” means a diagnostic kit the purpose of which is to detect the presence of HIV or HIV antibodies; and
“HIV testing services” means diagnostic services the purpose of which is to detect the presence of HIV or HIV antibodies in identifiable individuals.
Any expenses of a Minister of the Crown incurred in consequence of the provisions of this Act shall be paid out of money provided by Parliament.
The enactments mentioned in Schedule 2 to this Act shall have effect with the amendments there specified (being amendments consequential on the foregoing provisions of this Act).
The enactments mentioned in Schedule 3 to this Act are repealed to the extent specified in the third column of that Schedule.
The provisions of this Act to which this subsection applies 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 appointed in pursuance of this subsection for different provisions or different purposes of the same provision.
Subsection (1) above applies to the following provisions of this Act— section 8; section 9; section 11; section 12; section 13; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; section 25(1), so far as it relates to paragraphs 3, 4, 5, 8, 10, 11, 12 and 15 of Schedule 2 to this Act, and to paragraphs 1 and 9 of that Schedule to the extent that they have effect for the purposes of those paragraphs; section 25(2), so far as it relates—
to the National Health Service Act 1966;
to the Superannuation Act 1972;
to sections 37(a), 78(1) and 79(1) of the National Health Service Act 1977 and Schedules 12 and 15 to that Act;
to sections 4(1), 70(1) and 71(1) of the National Health Service (Scotland) Act 1978 and Schedules 11 and 16 to that Act;
to sections 17 and 19 of the Health Services Act 1980;
to the Health and Social Security Act 1984;
to the Companies Consolidation (Consequential Provisions) Act 1985.
The provisions of this Act to which this subsection applies shall come into force on the day this Act is passed.
Subsection (3) above applies to the following provisions of this Act— section 1 (including Schedule 1) and sections 2 to 6; section 17(3); section 19; section 21; section 22; section 25(2), so far as it relates to section 28(4) of the National Health Service Act 1977; this section; section 27; section 28;
Subject to the foregoing provisions of this section, this Act shall come into force at the end of the period of two months beginning with the day this Act is passed.
The Secretary of State may by regulations made by statutory instrument make— as he considers necessary or expedient in preparation for or in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.
such transitional provision;
such consequential provision; and
such savings,
Regulations under this section may modify any enactment contained in this or in any other Act and any instrument made under an Act of Parliament.
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to the purposes of a provision of this Act to which this subsection applies—
shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The provisions of this Act to which subsection (1) above applies are sections 7 to 11, section 13, sections 15 to 18 and section 23.
Sections . . . , 21 and 22 above and this section extend to Northern Ireland.
Section 26 above extends to Northern Ireland so far as it relates to the provisions mentioned in subsection (3) above and this section.
Subject to the foregoing provisions of this section, this Act does not extend to Northern Ireland.
This Act may be cited as the Health and Medicines Act 1988.
Section 1.
Subject to the provisions of an order under section 1(1) above, any agreement made, transaction effected or other thing done by, to or in relation to the Corporation which is in force or effective immediately before the day specified under that subsection shall have effect as from that day as if made, effected or done by, to or in relation to the successor company, in all respects as if the successor company were the same person, in law, as the Corporation; and accordingly references to the Corporation— shall be taken as from the specified day as referring to the successor company.
in any agreement (whether or not in writing) and in any deed, bond or instrument;
in any process or other document issued, prepared or employed for the purpose of any proceedings before any Court or other tribunal or authority; and
in any other document whatever (other than an enactment) relating to or affecting any property, right or liability of the Corporation which vests by virtue of section 1(1) above in the successor company,
Where immediately before that day there is in force an agreement which— the agreement shall have effect, in relation to anything falling to be done on or after that day, as if for that reference there were substituted a reference to such person as that company may appoint or, in default of appointment, to the officer of that company who corresponds as nearly as may be to the member or officer of the Corporation in question.
confers or imposes on the Corporation any rights or liabilities which vest in the successor company by virtue of section 1(1) above; and
refers (in whatever terms and whether expressly or by implication) to a member or officer of the Corporation,
It is hereby declared for the avoidance of doubt that the effect of an order under section 1(1) above in relation to any contract of employment with the Corporation in force immediately before the day specified under that subsection is merely to modify the contract (as from that day) by substituting the successor company as the employer (and not to terminate the contract or vary it in any other way). Accordingly— shall count as employment with the successor company.
Section 25.
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The National Health Service (Scotland) Act 1978 shall be amended as follows.
At the end of the second paragraph of section 23(5) (exclusion of right of appeal against refusal of application to provide general medical services) there shall be added the words “or under section 8 of the Health and Medicines Act 1988 (persons over retiring age) and regulations under that section”.
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In section 70(2) (teaching hospital exemption from dental charges) for “(1)” there shall be substituted “(1A)”.
In subsection (1)(a) of section 75A (remission and repayment of charges and payment of travelling expenses) after “70(1)” there shall be inserted “or, (1A)”.
In section 85(1A) (date on which certain allotments to take effect), after the word “above” there shall be inserted the words “or subsection (2)(a) below”.
The optical appliances referred to in section 70(1) are glasses and contact lenses, and the charge for glasses and contact lenses which that subsection authorises is a charge of such sum as may be determined by or in accordance with directions given by the Secretary of State. In sub-paragraph (3) of that paragraph, after “70(1)” there shall be inserted “or (1A)”. In sub-paragraph (4) for “(1)” there shall be substituted “(1A)”.
Section 25. 1966 c. 8. National Health Service Act 1966. Sections 1 to 9. Section 11. Section 12(2) and (3). The Schedule. 1968 c. 46. Health Services and Public Health Act 1968. Section 63(3). 1972 c. 11. Superannuation Act 1972. In Schedule 6, paragraph 59. 1977 c. 49. National Health Service Act 1977. In section 5(1)(a), the words “and dental”, in both places where they occur, and the words “(and the additional provisions set out in Schedule 1 to this Act have effect in relation to this paragraph)”. Section 28(4). In section 37(a), the words “the approval of estimates of”. Section 58. Section 61. In section 62, the words “and sections 58 and 61 above”. Section 63(2). Section 66A. In section 78(1), the words “dental or”. In section 79(1), paragraph (a) and paragraph (d) and the word “or” immediately preceding it. In Schedule 12, in paragraph 2, in sub-paragraph (2), the words “dental or”, and paragraph (ii), paragraph 3(1) and in paragraph 6, the words from “and the reference” to the end. In Schedule 15, paragraph 36. 1978 c. 29. National Health Service (Scotland) Act 1978. In section 4(1), the words “the approval of estimates of”. In section 39, in subsection (1), the words “and dental”, in both places where they occur, and in subsection (4), the words “and dental”. Section 50. Section 53. In section 54, the words “and sections 50 and 53”. Section 55(2). Section 58A. In section 70(1) the words “dental or”. In section 71(1), paragraph (a) and paragraph (d) and the word “or” immediately preceding it. In Schedule 11, in paragraph 2, in sub-paragraph (2), the words “dental or” and paragraph (ii), paragraph 3(1) and in paragraph 6, the words from “and the reference” to the end. In Schedule 16, paragraph 21. 1980 c. 53. Health Services Act 1980. Sections 10 and 11. Sections 17 and 19. 1984 c. 48. Health and Social Security Act 1984. Section 8. In Part I of Schedule 1, paragraph 2, and in Part II, paragraph 5. 1985 c. 9. Companies Consolidation (Consequential Provisions) Act 1985. In Schedule 2, the entry relating to the National Health Service Act 1966.