Djibouti - Urban Development Project
In this Chapter the “NHS Constitution” means—
the document entitled “The NHS Constitution” published by the Secretary of State on 21 January 2009, or
any revised version of that document published under section 3 or 4.
In this Chapter the “Handbook” means—
the document entitled “The Handbook to the NHS Constitution” published by the Secretary of State on 21 January 2009, or
any revised version of that document published under section 5.
Each of the bodies listed in subsection (2) must, in performing its health service functions, have regard to the NHS Constitution.
The bodies are—
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National Health Service trusts;
NHS England;
Special Health Authorities;
integrated care boards;
NHS foundation trusts;
local authorities (within the meaning of section 2B of the National Health Service Act 2006);
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the Care Quality Commission.
the National Institute for Health and Care Excellence;
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the Health Services Safety Investigations Body.
In subsection (1) a “health service function” means any function under an enactment which is a function concerned with, or connected to, the provision, commissioning or regulation of health services.
Each person who— must, in doing so, have regard to the NHS Constitution.
provides health services under a contract, agreement or arrangements made under or by virtue of an enactment listed in subsection (6), ...
provides health services under arrangements made by NHS England or an integrated care board under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006,
provides or assists in providing health services under arrangements under section 12(1) of the National Health Service Act 2006 (c. 41), or
provides health services under arrangements made by a local authority for the purposes of its functions under or by virtue of section 2B or 6C(1) of, or Schedule 1 to, that Act.
Each person who— must, in doing so, have regard to the NHS Constitution.
in pursuance of a contract, agreement or arrangements as mentioned in subsection (4)(za), (a), (b) or (c), makes arrangements (“sub-contracting arrangements”) for another person to provide or assist in providing health services, or
provides or assists in providing health services under sub-contracting arrangements,
The enactments referred to in subsection (4)(a) are the following provisions of the National Health Service Act 2006—
section 83(2)(b) (arrangements made by PCTs for provision of primary medical services);
section 84(1) (general medical services contracts);
section 92 (other arrangements for the provision of primary medical services);
section 100(1) (general dental services contracts);
section 107(1) (other arrangements for the provision of primary dental services);
section 117(1) (general ophthalmic services contracts);
section 126(1) (pharmaceutical services);
section 127(1) (additional pharmaceutical services);
Schedule 12 (local pharmaceutical services schemes).
In this Chapter “health services” means health services provided in England for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006.
References in this section to the provision of services include references to the provision of services jointly with another person.
The Secretary of State must ensure that the NHS Constitution continues to be available to patients, staff and members of the public.
At least once in any period of 10 years the Secretary of State must carry out a review of the NHS Constitution (referred to in this Chapter as a “10 year review”).
The following must be consulted about the NHS Constitution on a 10 year review—
patients and bodies or other persons representing patients,
staff and bodies or other persons representing staff,
carers,
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members of the public,
the bodies and persons listed in section 2(2), (4) and (5), and
such other persons as the Secretary of State considers appropriate.
The first 10 year review must be completed not later than 5 July 2018.
The guiding principles may not be revised as a result of a 10 year review, except in accordance with regulations made by the Secretary of State setting out the revision to be made.
The Secretary of State must publish the NHS Constitution after any revision made as a result of a 10 year review.
In this Chapter—
“carers” means persons who, as relatives or friends, care for other persons to whom NHS services are being provided;
“carers” means persons who, as relatives or friends, care for other persons to whom health services are being provided;
persons employed by a body listed in section 2(2) or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision, commissioning or regulation of health services;
persons employed by a person listed in subsection (4) or (5) of section 2 or otherwise working for such a person (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision of health services or assistance or the making of arrangements as mentioned in the subsection in question.
the 7 principles described in the NHS Constitution published on 21 January 2009 as “the principles that guide the NHS”, or
any revised version of those principles set out in the NHS Constitution published under this section or section 4;
“staff” means—
persons employed by a body listed in section 2(2) or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise) in, or in connection with, the provision, commissioning or regulation of NHS services;
“the guiding principles” means—
“ health services ” has the same meaning as in Chapter 1;
any revised version of those principles set out in the NHS Constitution published under this section or section 4;
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a county council in England;
a district council in England, other than a council for a district in a county for which there is a county council;
a London borough council;
the Common Council of the City of London;
the Council of the Isles of Scilly.
This section applies to any revision of the NHS Constitution made other than as a result of a 10 year review (including any such revision which revises the guiding principles).
Before any revision the Secretary of State must undertake appropriate consultation about the proposed revision.
The persons consulted must include such patients, staff, members of the public and other persons as appear to the Secretary of State to be affected by the proposed revision.
The guiding principles may not be revised, except in accordance with regulations made by the Secretary of State setting out the revision to be made.
The Secretary of State must publish the NHS Constitution after any revision.
The Secretary of State must ensure that the Handbook continues to be available to patients, staff and members of the public.
At least once in any period of 3 years the Secretary of State must carry out a review of the Handbook.
The first review must be completed not later than 5 July 2012.
The Secretary of State must publish the Handbook after any revision (whether made as a result of a review under this section or otherwise).
The Secretary of State must publish a report every 3 years on how the NHS Constitution has affected patients, staff, carers and members of the public, since the last report was produced under this subsection.
The first report must be published not later than 5 July 2012.
The Secretary of State must lay before Parliament a copy of each report under subsection (1).
The power to make regulations under section 3 or 4 is exercisable by statutory instrument.
A statutory instrument containing regulations under either of those sections is subject to annulment in pursuance of a resolution of either House of Parliament.
Each of the bodies listed in subsection (2) must, in accordance with regulations made by the Secretary of State, publish in respect of each reporting period a document containing prescribed information relevant to the quality of—
any relevant health services that the body provides;
any relevant health services that, under arrangements made by the body, are provided by a person not listed in subsection (2) or (3);
any services that are provided in England and for the provision of which the body provides assistance or support under section 124(1) of the National Health Service Act 2006 (c. 41) (primary ophthalmic services).
The bodies are—
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National Health Service trusts all or most of whose hospitals, establishments and facilities are in England;
Special Health Authorities;
NHS foundation trusts.
Each person who— must, in accordance with regulations made by the Secretary of State, publish in respect of each reporting period a document containing prescribed information relevant to the quality of those services.
provides health services as mentioned in section 2(4)(za) or (a), or
in pursuance of a contract, agreement or arrangements as mentioned in section 2(4)(za) or (a), makes arrangements for another person to provide health services,
makes arrangements as mentioned in section 2(5)(a) for another person to provide NHS services,
References in this section to the provision of services include references to the provision of services jointly with another person.
The Secretary of State may by regulations provide that subsection (1) or (3) does not apply to prescribed bodies, persons or services, or to bodies, persons or services of a prescribed description.
In this section—
In this section “the provider” means the body or person required to publish a document under section 8.
For the purposes of that section a reporting period is—
the period of 12 months beginning with 1 April 2009, and
each subsequent period of 12 months.
If the Care Quality Commission or NHS England notifies the provider of an error or omission in a document published under that section, the provider must within 21 days of the notification republish the document correcting the error or omission and including a statement explaining the correction.
A copy of any document published under that section must be sent by the provider to the Secretary of State in any form specified by the Secretary of State for the purpose of enabling the Secretary of State to make the document available to the public.
Regulations under subsection (1) or (3) of section 8 may in particular make provision—
as to the form of a document published under that section and its contents in addition to the prescribed information;
imposing duties on the provider for the purpose of ensuring the accuracy of information;
as to how and when a document must be published and when a copy must be sent under subsection (4);
requiring the provider to have regard to guidance issued by the Secretary of State.
The provider must at the request of any person provide to that person a copy of any document published by the provider under section 8 relating to a reporting period ending not more than 2 years before the request.
While subsection (1) or (3) of section 8 applies to the provider, the provider must keep affixed, in a conspicuous place at each of the premises at which the provider provides services to which that subsection applies, a notice stating how the most recent document published by the provider under that section may be obtained.
Subsection (7) does not apply if—
the provider does not have control of the premises, or
the services are provided by means such that the persons receiving them do not do so at the premises.
In subsection (7) “premises” includes a vehicle or moveable structure.
The power to make regulations under section 8 is exercisable by statutory instrument.
A statutory instrument containing regulations under section 8 is subject to annulment in pursuance of a resolution of either House of Parliament.
The power to make regulations under section 8—
may be exercised so as to make the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
may be exercised so as to make the same provision for all cases in relation to which the power is exercised, or different provision for different cases;
may be exercised so as to make any such provision unconditionally or subject to any specified condition.
In Part 1 of the National Health Service Act 2006 (c. 41), after section 12 insert—
The Health Service Commissioners Act 1993 (c. 46) is amended as follows.
In section 2B (independent providers subject to investigation) after subsection (1) insert—
In subsection (5) of that section after “subsection (1)” insert “ or (1A) ”.
In section 3(1C) (complaints against independent providers) after “(of whatever kind)” insert “ , or has undertaken to provide direct payment services, ”.
In section 7(2) (contractual or commercial transactions) after paragraph (a) insert—.
In section 14 (reports by the Commissioner), in subsection (2C)(e) after “independent provider” insert “ (in a case within section 2B(1)) ”.
“direct payment services” means services in respect of which direct payments have been made under section 12A(1), or under regulations under section 12A(4), of the National Health Service Act 2006;
Schedule 1 (which makes minor and consequential amendments relating to direct payments, including in the case of section 117 of the Mental Health Act 1983 (c. 20), social care direct payments) has effect.
The Secretary of State may make payments as prizes to promote innovation in the provision of health services in England.
A prize may relate to—
work at any stage of innovation (including research);
work done at any time (including work before the commencement of this section).
The Secretary of State may establish a committee to give advice about the exercise of the power conferred by subsection (1), and may pay remuneration, allowances and expenses to members.
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In the National Health Service Act 2006 (c. 41) after section 52 insert—
Schedule 2 (which inserts Schedule 8A to the National Health Service Act 2006, which makes provision about de-authorised NHS foundation trusts) has effect.
After section 65 of the National Health Service Act 2006 (c. 41) insert—
After section 65O of the National Health Service Act 2006 (c. 41) (inserted by section 16) insert—
The National Health Service Act 2006 (c. 41) is amended as follows.
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In section 242 (public involvement and consultation), at the end insert—
In section 272 (orders, regulations, rules and directions)—
in subsection (4), for “and (6)” substitute “ , (6) and (6A) ”;
in subsection (5), after paragraph (a) insert—;
after subsection (6) insert—
In section 275(1) (interpretation), in the definition of “NHS trust”, at the end insert “ and, subject to Schedule 8A, a body that becomes a National Health Service trust by virtue of an order made under section 52D(1) or 65E(1), ”.
In paragraph 28(3) of Schedule 4 (NHS trusts established under section 25), after “as a matter of urgency” insert “ or where the order is made following the publication of a final report under section 65I(3) ”.
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In section 206(1) of the National Health Service (Wales) Act 2006 (c. 42) (interpretation), in the definition of “NHS trust”, at the end insert “ (including a body that becomes a National Health Service trust by virtue of an order made under section 52D(1) or 65E(1) of that Act) ”.
Schedule 3 (which amends enactments to provide for powers of suspension in relation to chairs, vice-chairs and other members of NHS bodies and other bodies concerned with health) has effect.
In section 6 of the Tobacco Advertising and Promotion Act 2002 (c. 36) (specialist tobacconists), before subsection (1) insert—
After section 7 of the Tobacco Advertising and Promotion Act 2002 (developments in technology) insert—
After section 3 of the Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23) (sale of unpackaged cigarettes) insert—
In section 12D(1) of the Children and Young Persons Act 1933 (c. 12) (restricted premises orders and restricted sales orders: interpretation)—
omit “or” at the end of paragraph (a);
after paragraph (b) insert, or
After article 4 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 (S.I. 1991/2872 (N.I. 25)) (sale of unpackaged cigarettes) insert—
Schedule 4 (which makes minor and consequential amendments relating to the advertising and promotion of tobacco products) has effect.
After section 128 of the National Health Service Act 2006 (c. 41) insert—
Section 129 of the National Health Service Act 2006 (regulations as to pharmaceutical services) is amended as follows.
In subsection (2)(c), for the words from “may be granted” to “specified in the application,” substitute “ must be granted if the Primary Care Trust is satisfied as mentioned in subsection (2A), and may otherwise be granted only if the Primary Care Trust is satisfied as mentioned in subsection (2B), ”.
After subsection (2) insert—
After subsection (3) insert—
In subsection (4)—
for the words from “include” to “subsection (5) for” substitute “ make provision for the Primary Care Trust to take into account prescribed matters in ”;
omit paragraph (a);
in paragraph (b), for “they” substitute “ two or more applications referred to in subsection (2)(c)(i) or (ii) ”;
in paragraph (c), for “subsection (2)(c)” substitute “ subsection (2A) or (2B) ”.
After subsection (4) insert—
In subsection (6), before paragraph (a) insert—.
After subsection (10) insert—
In section 129(6) of the National Health Service Act 2006 (c. 41) (regulations as to pharmaceutical services), in paragraph (d), for “such an application” substitute “ an application to a Primary Care Trust ”.
In Part 7 of the National Health Service Act 2006, before Chapter 6 (disqualification) insert—
The National Health Service Act 2006 is amended as follows.
In section 15 (Strategic Health Authorities' directions), in subsection (2), after “section 107 arrangements” insert “ or LPS schemes ”.
In section 16 (section 92 arrangements and section 107 arrangements)—
in subsection (1), after “section 107 arrangements” insert “ and LPS schemes ”;
in the heading, after “section 107 arrangements” insert “ and LPS schemes ”.
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Schedule 12 (LPS schemes) is amended as follows.
Paragraph 1 is amended as follows.
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In sub-paragraph (2)—
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in paragraph (b), for “Primary Care Trust),” substitute “ commissioning body). ”;
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After sub-paragraph (2) insert—
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In sub-paragraph (6), for “and an NHS foundation trust” substitute “ , an NHS foundation trust and a Primary Care Trust ”.
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Paragraph 3 is amended as follows.
In sub-paragraph (2), for “Primary Care Trusts” substitute “ the commissioning body ”.
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In section 83(6) of the National Health Service (Wales) Act 2006 (c. 42) (regulations as to pharmaceutical services), in paragraph (d), for “such an application” substitute “ an application to a Local Health Board ”.
In Part 8 of the National Health Service (Wales) Act 2006, before Chapter 2 (disqualification) insert—
In section 107(9) of that Act, after “included in” insert “ an ophthalmic list or ”.
Schedule 7 to the National Health Service (Wales) Act 2006 (c. 42) (LPS schemes) is amended as follows.
In paragraph 1, in sub-paragraph (2)—
in paragraph (a), after “Local Health Board” insert “ (the “commissioning body” )
in paragraph (b), for “Local Health Board),” substitute “ commissioning body). ”;
omit paragraph (c) and the word “and” immediately before it.
After sub-paragraph (2) insert—
In sub-paragraph (6), for “and an NHS foundation trust” substitute “ , an NHS foundation trust and a Local Health Board ”.
In paragraph 3(2), for “Local Health Boards” substitute “ the commissioning body ”.
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Section 44 of the National Health Service Act 2006 (c. 41) (private health care) is amended as follows.
In subsection (2)—
after “not greater than” insert “— (a)”;
at the end insert, or
After subsection (2) insert—
Section 180(2)(c) of the National Health Service Act 2006 (payments in respect of costs of optical appliances for persons aged 60 or over) is omitted.
Schedule 5 (which inserts a new Part 3A into the Local Government Act 1974 (c. 7) to give the Commission for Local Administration in England powers to investigate complaints about privately arranged or funded adult social care and which makes consequential amendments) has effect.
This section applies to information held by Her Majesty's Revenue and Customs for the purposes of functions relating to income tax.
Information to which this section applies may be disclosed by Her Majesty's Revenue and Customs to the persons listed in subsection (3) for use for the purposes of functions in connection with the analysis or dissemination of information relating to the income or expenses of dental practitioners or general medical practitioners.
The persons are—
the Secretary of State;
the Welsh Ministers;
NHS England;
the Scottish Ministers;
the Department of Health, Social Services and Public Safety in Northern Ireland;
persons providing services to or exercising functions on behalf of any of those persons.
Information may be disclosed under this section only in the form of a summary or collection of information so framed as not to enable information relating to a particular person to be ascertained from it.
In this section—
“dental practitioner” means a person registered in the dentists register under the Dentists Act 1984 (c. 24);
“dental practitioner” means a person registered in the dentists register under the Dentists Act 1984 (c. 24);
“general medical practitioner” means a person registered in the General Practitioner Register kept by the General Medical Council.
Section 13
In section 24 of the National Assistance Act 1948 (authority liable for provision of accommodation), after subsection (6A) insert—
In section 63(2)(bb) of the Health Services and Public Health Act 1968 (provision of instruction for certain persons), after “pilot scheme” insert “ established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006 ”.
In section 117 of the Mental Health Act 1983 (after-care), after subsection (2B) insert—
In section 2 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (rights of authorised representatives of disabled persons), in subsection (5), after paragraph (a) insert—.
In section 45 of the Health and Social Care (Community Health and Standards) Act 2003 (quality in health care), after subsection (3) insert— This paragraph has effect until the amendments made by paragraphs 37 and 38 of Schedule 5 to the Health and Social Care Act 2008 (c. 14) come fully into force.
The National Health Service Act 2006 is amended as follows.
In the following provisions, after “pilot scheme” insert “ established under section 134(1) of this Act ”
section 80(5)(d);
section 80(7)(d);
section 173(1)(b);
section 234(1)(b).
In section 134 (pilot schemes for local pharmaceutical services), in subsection (2) for “Act” substitute “ Part ”.
In section 246(3) (power to amend in relation to exempt information for purposes of overview and scrutiny committees), before “or” at the end of paragraph (a) insert “ or services in respect of which direct payments under section 12A(1), or under regulations under section 12A(4), are made by a relevant body, ”.
In section 272(6) (instruments not to be made unless laid in draft and approved by resolution of each House), before paragraph (a) insert—.
In section 276 (index of defined expressions) omit the entry for “pilot scheme”.
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
In section 6 (regulated activity providers), after subsection (8B) insert—
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Section 15(2)
After Schedule 8 to the National Health Service Act 2006 (c. 41) insert—
Section 19
In Schedule 1A to the Medicines Act 1968 (provisions relating to Commission on Human Medicine and Committees), paragraph 6 is amended as follows. At the beginning, insert “ (1) ”. At the end insert—
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Schedule 1 to the Human Fertilisation and Embryology Act 1990 (the Human Fertilisation and Embryology Authority: supplementary provision) is amended as follows. In paragraph 5(1), after “this paragraph” insert “ and paragraphs 5A and 5B ”. After paragraph 5 insert—
Schedule 1 to the Health Protection Agency Act 2004 (the Health Protection Agency) is amended as follows.
Paragraph 1 is amended as follows. After sub-paragraph (3) insert— After sub-paragraph (5) insert— In sub-paragraph (7), after “sub-paragraph” insert “ (5A) or ”.
In paragraph 29, after sub-paragraph (2) insert—
In Schedule 2 to the Human Tissue Act 2004 (the Human Tissue Authority) after paragraph 9 insert—
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The National Health Service Act 2006 is amended as follows.
In Schedule 2 (Strategic Health Authorities), for paragraph 9(d) substitute—.
In Schedule 6 (Special Health Authorities), for paragraph 5(d) substitute—.
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The National Health Service (Wales) Act 2006 is amended as follows.
In Schedule 5 (Special Health Authorities established under section 22), for paragraph 5(d) substitute—.
Schedule 10 (further provision about community health councils) is amended as follows. In paragraph 2(a), omit the words from “(including” to the end. After paragraph 2 insert—
Schedule 13 (further provision about standing advisory committees) is amended as follows. In paragraph 1(b), after “office” insert “ (including removal or suspension from office) ”. After paragraph 5 insert—
In relation to a cross-border body— In sub-paragraph (1) “cross-border body” has the same meaning as in the Government of Wales Act 2006 (c. 32).
The amendments made by this Schedule apply in relation to a person appointed at any time (including a time before the coming into force of those amendments).
Section 24
In section 5(3)(a) of the Children and Young Persons (Protection from Tobacco) Act 1991 (enforcement action by local authorities in England and Wales), after “district” insert “ , county borough ”.
The Tobacco Advertising and Promotion Act 2002 is amended as follows.
Section 6 (exclusion from advertising offence for specialist tobacconists) is amended as follows. In subsection (1), at the end of paragraph (a), insert “ in Scotland ”. In subsection (4), after “ “premises” in subsections” insert “ (A1), ”.
Section 8 (displays) is amended as follows. In subsection (1), after “causes to be displayed” insert “ in Scotland ”. After subsection (1) insert— For subsection (2) substitute— In the heading, at the end insert “ : Scotland ”. In relation to a time before section 21 of this Act comes fully into force the references to Scotland in subsection (1A) inserted into section 8 of the 2002 Act by sub-paragraph (3) are to be read as references to the United Kingdom.
Section 9 (prohibition of free distributions) is amended as follows. After subsection (1) insert— After subsection (5) insert—
Section 11 (brandsharing) is amended as follows. In subsection (3), after “3,” insert “ 3A, 7A, 7C, 7D, ”. After subsection (4) insert—
Section 13 (enforcement) is amended as follows. In subsection (1)(a), after “Wales, a” insert “ local ”. In subsection (3), after “Wales” insert “ , Northern Ireland ”. Omit subsection (4). In subsection (5), after “proceedings” insertwhich are— . After subsection (5) insert—
Section 14 (powers of entry etc.) is amended as follows. Omit subsection (11). In subsection (12)—
Section 16 (penalties) is amended as follows. Subsection (1A) (limitation of penalty for certain offences relating to information society services) ceases to have effect. In subsection (2)(a), for “level 5 on the standard scale” substitute “ the statutory maximum ”. Sub-paragraph (2) does not apply to offences committed before the coming into force of that sub-paragraph.
In section 17(1) (defences: burden of proof) after “6(1),” insert “ 7B(5) and (7), ”.
Section 19 (regulations) is amended as follows. In subsection (1), after “Powers” insert “ of the Secretary of State, the Welsh Ministers and the Scottish Ministers ”. After subsection (1) insert— For subsections (3) to (5) substitute—
appropriate Minister”—
In the Schedule (information society service providers), in paragraph 1, in the definition of “relevant offence”, for “or 9” substitute “ , 7D, 8, 9 or 11 ”.
Section 35
The Local Government Act 1974 (c. 7) is amended as follows.
After Part 3 (local government administration) insert—
After Schedule 5 (matters not subject to investigation) insert—
Part 3 of the Local Government Act 1974 is amended as follows.
Section 23 (the Commission for Local Administration) is amended as follows. In subsection (1), after “this Part” insert “ and Part 3A ”. In subsection (11), after “functions” insert “ (other than those under Part 3A of this Act) ”.
In section 23A(1) (annual reports for representatives etc.), after “functions” insert “ (other than those under Part 3A of this Act) ”.
In section 26D(1)(a) (matters coming to attention of Local Commissioner), after “this Part” insert “ or Part 3A ”.
Section 29 (investigations under Part 3: further provisions) is amended as follows. For subsection (5) substitute— In subsection (6A), after “under this” insert “ Part of this ”.
In section 30(1) (reports on investigations under Part 3), after “matter” insert “ under this Part of this Act ”.
In section 32(2) (law of defamation), after paragraph (a) insert—.
Section 33ZA (collaborative working between Local Commissioners and Other Commissioners) is amended as follows. In subsection (1), after “under this” (in both places where it occurs) insert “ Part of this ”. In subsection (3)— In subsection (4), after “under this” insert “ Part of this ”.
A Local Commissioner shall not conduct a case which involves an adult social care provider if the Local Commissioner has a financial or other interest in the provider which is likely to affect prejudicially the exercise of his functions. In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act.
In section 18(1)(c) of the Health Service Commissioners Act 1993 (consultations during investigations), after “Part III” insert “ or 3A ”.
In section 76 of the Freedom of Information Act 2000 (disclosure of information between Commissioner and ombudsmen), in the Table, in the second column, after “Part III” insert “ or Part 3A ”.
In section 21(1)(d) of the Scottish Public Services Ombudsman Act 2002 (consultation and cooperation with other Commissioners and Ombudsmen), after “Part III” insert “ or 3A ”.
Section 38 Title Extent of repeal or revocation Children and Young Persons Act 1933 (c. 12) In section 12D(1), the word “or” at the end of paragraph (a). Health Service Commissioners Act 1993 (c. 46) In Schedule 2, paragraph 3. Tobacco Advertising and Promotion Act 2002 (c. 36) Section 13(4). In section 14— subsection (11); in subsection (12), the word “or” at the end of paragraph (a). Section 16(1A). Public Services Ombudsman (Wales) Act 2005 (c. 10) In Schedule 6, paragraph 12(3). National Health Service Act 2006 (c. 41) In section 129(4), paragraph (a). In section 129(6)(d), the words “in pursuance of such an application”. Section 180(2)(c). In section 276, the entry for “pilot scheme”. In Schedule 12, paragraph 1(2)(c). National Health Service (Wales) Act 2006 (c. 42) . . . In Schedule 7, paragraph 1(2)(c). In Schedule 10, in paragraph 2(a), the words from “(including” to the end. Safeguarding Vulnerable Groups Act 2006 (c. 47) In section 59(1), the word “or” at the end of paragraph (i). Tobacco Advertising and Promotion Act 2002 etc (Amendment) Regulations 2006 (S.I. 2006/2369) Regulation 7.
The Secretary of State may by order make—
such transitional or transitory provisions or savings as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act;
such supplementary, incidental or consequential provision as the Secretary of State considers appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.
Subsection (1)(a) does not apply to—
section 19 and Schedule 3, so far as they relate to amendments of the National Health Service (Wales) Act 2006 (c. 42);
sections 20 to 24 and Schedule 4, so far as they relate to Wales or Northern Ireland;
sections 30 to 32.
The Welsh Ministers may by order make such transitional or transitory provisions or savings as the Welsh Ministers consider appropriate in connection with the coming into force of—
section 19 and Schedule 3, so far as they relate to amendments of the National Health Service (Wales) Act 2006;
sections 20 to 24 and Schedule 4, so far as they relate to Wales;
sections 30 to 32.
The Department of Health, Social Services and Public Safety in Northern Ireland may by order make such transitional or transitory provisions or savings as the Department considers appropriate in connection with the coming into force of sections 20 to 24 and Schedule 4, so far as they relate to Northern Ireland.
An order under this section may amend, repeal, revoke or otherwise modify any enactment.
An order under this section may, in particular, provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order.
The power to make an order under subsection (1) or (3) is exercisable by statutory instrument.
The power to make an order under subsection (4) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
A statutory instrument containing an order under subsection (1)—
if it amends or repeals an enactment contained in an Act of Parliament, may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament;
in any other case, is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
A statutory rule containing an order under subsection (4) is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
In this section “enactment” means an enactment contained in, or in an instrument made under—
an Act of Parliament,
a Measure or Act of the National Assembly for Wales, or
Northern Ireland legislation.
Schedule 6 (repeals and revocations) has effect.
Subject to the following provisions, this Act extends to England and Wales only.
Any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or revoked.
The following extend to England and Wales, Scotland and Northern Ireland—
section 36;
this section and sections 37, 40 and 41;
paragraph 19 of Schedule 3 (and section 19 so far as it relates to that paragraph);
paragraphs 4(6) and 9(4) of Schedule 4 (and section 24 so far as it relates to those provisions).
Subject to the following provisions, this Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.
Subject to subsections (5) to (7), the following come into force on such day as the Welsh Ministers may by order made by statutory instrument appoint—
section 19 and Schedule 3, so far as they relate to amendments of the National Health Service (Wales) Act 2006 (c. 42);
sections 20 to 24 and Schedule 4, so far as they relate to Wales;
sections 30 to 32.
Subject to subsections (5) to (7), sections 20 to 24 and Schedule 4, so far as they relate to Northern Ireland, come into force on such day as the Department of Health, Social Services and Public Safety in Northern Ireland may appoint by order made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Different days may be appointed under subsections (1) to (3) for different purposes or different areas.
The following come into force on the day on which this Act is passed—
paragraph 9(2) and (4) of Schedule 4;
a repeal or revocation made by Schedule 6 connected to the repeal made by paragraph 9(2) of Schedule 4;
this section and sections 37, 39 and 41.
The following come into force, for the purposes of making regulations, on the day on which this Act is passed—
sections 8, 9(5) and 10;
sections 20 to 23;
paragraphs 11 and 12 of Schedule 4.
The following come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
section 34;
paragraphs 1, 4(3), (4) and (6), 5, 6(3), 7(2) and 9(3) of Schedule 4;
paragraph 13 of that Schedule for the purposes of sections 8, 9 and 11 of the Tobacco Advertising and Promotion Act 2002 (c. 36).
Where any particular provision or provisions of a Schedule come into force in accordance with subsection (5), (6) or (7), the section introducing the Schedule also comes into force in accordance with that subsection so far as relating to the particular provision or provisions.
The Secretary of State must not make an order under subsection (1) which relates to amendments to the Medicines Act 1968 (c. 67) made by Schedule 3 unless the Secretary of State first consults the Department of Health, Social Services and Public Safety in Northern Ireland.
The Secretary of State must not make an order under subsection (1) which relates to amendments to the Health Protection Agency Act 2004 (c. 17) made by Schedule 3 unless the Secretary of State first consults—
the Welsh Ministers,
the Scottish Ministers, and
the Department of Health, Social Services and Public Safety in Northern Ireland.
The Secretary of State must not make an order under subsection (1) which relates to amendments made to Human Tissue Act 2004 (c. 30) by Schedule 3 unless the Secretary of State first consults—
the Welsh Ministers, and
the Department of Health, Social Services and Public Safety in Northern Ireland.
The Secretary of State must not make an order under subsection (1) which relates to amendments made by Schedule 3 to Schedule 6 or 19 to the National Health Service Act 2006 (c. 41) unless the Secretary of State first consults the Welsh Ministers.
The Welsh Ministers must not make an order under subsection (2)(a) unless they first consult the Secretary of State.
This Act may be cited as the Health Act 2009.