Statement by the Slovak EU Presidency on the situation in and around Ukraine
For the purposes of the food legislation—
a health authority shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; and
premises used by a health authority shall not be regarded as property of or property held on behalf of the Crown.
The Ministers may by regulations—
provide who is to be treated as the occupier or owner of any such premises for any of those purposes; and
make such modifications of the food legislation, in its application to health authorities, as appear to the Ministers to be necessary for its effective operation in relation to them.
The powers to make regulations conferred by subsection (2) above shall be exercisable by statutory instrument.
A statutory instrument containing regulations made in the exercise of the power conferred by paragraph (a) of that subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing regulations made in the exercise of the power conferred by paragraph (b) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.
Section 125 of the 1977 Act and section 101 of the 1978 Act shall have no effect in relation to any action, liability, claim or demand arising out of the food legislation.
In this section— “the Ministers” has the same meaning as in the Food Safety Act 1990; “the food legislation” means the Food Safety Act 1990 and any regulations or orders made (or having effect as if made) under it; “health authority”—
as respects England and Wales, has the meaning assigned to it by section 128 of the 1977 Act; and
“the appropriate authority” means the Ministers, as defined in section 132(1) of the Food Act 1984;
“the food legislation” means the Food Act 1984 and any regulations or order made under it;
“health authority” has the meaning assigned to it by section 128 of the 1977 Act;
as respects Scotland, means a Health Board constituted under section 2 of the 1978 Act, the Common Services Agency constituted under section 10 of that Act or a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984.
“the appropriate authority” means the Secretary of State;
“the food legislation” means the Milk and Dairies (Scotland) Acts 1914 to 1949, the Food and Drugs (Scotland) Act 1956 and the Control of Food Premises (Scotland) Act 1977 and any regulations or order made under those Acts;
“health authority” means a Health Board constituted under section 2 of the 1978 Act, the Common Services Agency constituted under section 10 of that Act or a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984.
This section shall have no effect in relation to anything done or omitted before its commencement.
For the purposes of health and safety legislation—
a health authority shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; and
premises used by a health authority shall not be regarded as property of or property held on behalf of the Crown.
In this section—
“health authority”—
as respects England and Wales, has the meaning assigned to it by section 128 of the 1977 Act; and
“overpayment” means the aggregate of any amounts which were properly paid under the earlier determination but which in the authority’s opinion were paid because that determination was unsatisfactory, exclusive of any portion of that aggregate in respect of which a deduction under subsection (1) above has already been made; and
the enactments specified in the third column of Schedule 1 to that Act and the regulations, orders and other instruments in force under those enactments.
“the 1978 Act” means the National Health Service (Scotland) Act 1978.
Section 125 of the 1977 Act and section 101 of the 1978 Act shall have no effect in relation to any action, liability, claim or demand arising out of the health and safety legislation.
This section shall have no effect in relation to anything done or omitted before its commencement.
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Regulations purporting to be made under section 42(b) of the 1977 Act and made before the passing of this Act shall be treated as being and always having been valid.
The following subsections shall be substituted for subsection (2) of section 27 of the 1978 Act—.
In section 28 of the 1978 Act, after the word “by” where it first occurs in each of subsections (1) and (2) there shall be inserted the words “ or under ”.
On a determination of remuneration for any of the descriptions of services mentioned in section 164(1) of the National Health Service Act 2006, or section 76(1) or 88(1) of the National Health Service (Wales) Act 2006 or section 28A(1) of the 1978 Act or any category of services falling within such a description the determining authority may adjust the amount of the remuneration in either or both of the following ways— if it appears to the authority that an earlier determination was unsatisfactory.
by deducting an amount to take account of any overpayment;
by adding an amount to take account of any underpayment,
An earlier determination is to be taken to have been unsatisfactory only if, had it fallen to the authority to make it at the time of the later determination, the authority would have made it on the basis of different information.
If an amount falls to be deducted by virtue of subsection (1)(a) above, the determining authority, in fixing amounts of remuneration for persons to whom the determination relates, may have regard to the period within which they first provided services of the description to which it relates.
In this section—
“the 1978 Act” means the National Health Service (Scotland) Act 1978.
“earlier determination” means an earlier determination of remuneration of the same or other persons for services of the same description or any category of services falling within that description and includes such a determination made before the passing of this Act;
“underpayment” means the aggregate of any amounts which in the authority’s opinion would have been paid under the earlier determination if that determination had not been unsatisfactory, exclusive of any portion of that aggregate in respect of which an addition under subsection (1) above has already been made.
“underpayment” means the aggregate of any amounts which in the authority’s opinion would have been paid under the earlier determination if that determination had not been unsatisfactory, exclusive of any portion of that aggregate in respect of which an addition under subsection (1) above has already been made.
If the later determination is of remuneration for a category of services falling within one of the descriptions of services mentioned in section 164(1) of the National Health Service Act 2006, or section 76(1) or 88(1) of the National Health Service (Wales) Act 2006 or section 28A(1) of the 1978 Act, it is immaterial whether the earlier determination was of remuneration for the same category of services or for any other category of services falling within the same description.
In subsection (7) of section 43B of the 1977 Act and of section 28B of the 1978 Act—
in paragraph (a), for the words “a kind to which the determination will relate” there shall be substituted the words “ the description to which the determination will relate or of any category falling within that description ”; and
the following paragraph shall be substituted for paragraph (d)—.
The following subsection shall be inserted after each of those subsections—.
After section 13 of the 1978 Act there shall be inserted the following sections—.
Section 15 of the Disabled Persons (Services, Consultation and Representation) Act 1986 is hereby repealed.
There shall be paid out of money provided by Parliament any increase attributable to this Act in sums so provided under any other Act.
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 states that it is made for purposes corresponding to those of this Act—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House.
This Act may be cited as the National Health Service (Amendment) Act 1986.
In this Act—
“the health and safety legislation” means—
the Health and Safety at Work etc. Act 1974 and the regulations, orders and other instruments in force under it; and
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Section 21(1) of the Health Services Act 1980 and paragraph 54 of Schedule 1 to that Act shall cease to have effect.
Sections 1 and 2 above shall come into force at the end of the period of three months beginning with the day on which this Act is passed.
Each of the following provisions of this Act— shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint in relation to it.
section 3 above; and
to the extent that it inserts section 13B of the 1978 Act into that Act, section 5 above,
Section 7 above extends to Northern Ireland only, but apart from that section, subsection (1) above and this subsection, this Act does not extend to Northern Ireland.