Intervention by Pervin Chairoula during the Working Session 8
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regions in England need not consist wholly of areas having Area Health Authorities or Area Health Authorities (Teaching); and
Wales need not consist wholly of areas having such authorities,
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a District Health Authority, or
a District Health Authority (Teaching), or
by a special name indicating its connection with the district or any place in the district, with or without the word " Teaching ".
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In consequence of the foregoing provisions of this section the enactments specified in Part I of Schedule 1 to this Act shall have effect subject to the amendments provided for in that Part of that Schedule (which also includes certain minor corrections of the Act of 1977).
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If directed to do so by the Secretary of State an Area Health Authority or a District Health Authority shall, instead of establishing a Family Practitioner Committee for its area or district in pursuance of section 10 of the Act of 1977, join with such other Area Health Authorities or such other District Health Authorities as are specified in the direction in establishing a Family Practitioner Committee for their combined areas or their combined districts in accordance with Part II of Schedule 5 to the Act of 1977.
Where two or more District Health Authorities are established for districts which together correspond with the area of an existing Area Health Authority those Authorities shall, if directed to do so by the Secretary of State when he makes the order establishing them, instead of each establishing a Family Practitioner Committee for its district in pursuance of section 10 of the Act of 1977, join in adopting the Family Practitioner Committee established by the Area Health Authority, and that Committee shall, for that purpose, continue in existence notwithstanding the dissolution of the Area Health Authority which established it.
The power to give directions under subsection (1) or (2) above shall be exercisable by an instrument in writing and includes power to make such incidental or supplemental provision as the Secretary of State considers appropriate.
Where a Family Practitioner Committee is, under subsection (1) or (2) above, established by two or more Area Health Authorities or by two or more District Health Authorities or is adopted by two or more District Health Authorities then, subject to subsection (6) below—
it is the duty of those authorities jointly, in accordance with regulations, to arrange for the provision under Part II of the Act of 1977 of general medical services, general dental services, general ophthalmic services and pharmaceutical services and jointly to perform any other functions relating to such Committees conferred or imposed on Area Health Authorities or District Health Authorities by that Act; and
it is the duty of the Committee, in accordance with regulations, to administer on behalf of those authorities, the arrangements so made and to perform such other functions relating to those services as may be prescribed.
In consequence of the foregoing provisions of this section the enactments specified in Part II of Schedule 1 to this Act shall have effect subject to the amendments provided for in that Part of that Schedule and references in Part II of the Act of 1977 to the area or district or persons in the area or district of an authority shall be read, in the case of authorities acting jointly under this section, as references to the combined areas or the combined districts or persons in the combined areas or the combined districts of those authorities.
The Secretary of State may direct by which of the Area Health Authorities or District Health Authorities which have jointly established or adopted a Family Practitioner Committee under subsection (1) or (2) above, or in what manner, any joint function of theirs under the Act of 1977 relating to that Committee is to be performed.
Sections 126 and 127 of the Act of 1977 (exercise of, and Parliamentary control over, powers to make subordinate instruments) shall apply as if this section were contained in that Act.
Expressions used in this section and the Act of 1977 have the same meaning in this section as they have in that Act.
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In section 15 of the Scottish Act of 1978 (which empowers the Secretary of State, Health Boards and the Agency to supply goods and services to local authorities and others), in subsection (1), in paragraph (c), after the word “by” there shall be inserted the words “ or having contacts with ”.
After section 28 of the Act of 1977 there shall be inserted the following section—.
After section 16 of the Scottish Act of 1978 there shall be inserted the following section—.
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After section 84 of the Scottish Act of 1978 there shall be inserted the following section—
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For subsections (1) and (2) of section 85 of the Scottish Act of 1978 there shall be substituted the following subsections—
After the said section 85 there shall be inserted the following section—
The foregoing provisions of this section shall have effect in relation to the financial year 1980 to 1981 and subsequent years.
The following subsection shall be added at the end of section 29 of the Act of 1977 (arrangements and regulations for general medical services) as subsection (5) of that section and at the end of section 19 of the Scottish Act of 1978 (which makes corresponding provision for Scotland) as subsection (4) of that section:—
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On the passing of this Act the Central Health Services Council (which under section 6(1) of the Act of 1977 advises the Secretary of State on general matters relating to the health service) shall cease to exist.
The standing advisory committees constituted under subsection (3) of that section shall continue in being but shall consist wholly of members appointed by the Secretary of State after consultation with such representative organisations as he recognises for the purpose and the persons who, immediately before the passing of this Act, were members of those committees but not of the Council shall be deemed to have been appointed under this subsection.
In consequence of the foregoing provisions of this section so much of section 6 of and Schedule 4 to the Act of 1977 as relates to the Council shall cease to have effect and the following amendments shall be made in that section, that is to say—
at the end of subsection (3), there shall be added the words " and the provisions of Schedule 4 to this Act shall have effect in relation to such committees "; and
for subsection (4), there shall be substituted the following—.
On the commencement date—
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the Health Services Board established under section 1 of the Health Services Act 1976 (in this Act referred to as “the Act of 1976”) and the Scottish and Welsh Committees constituted in accordance with Part II of Schedule 1 to that Act shall cease to exist.
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In consequence of the foregoing provisions of this section—
section 1 of and Schedule 1 to the Act of 1976, sections 73 to 76 of the Act of 1977 and sections 65 to 68 of the Scottish Act of 1978 shall cease to have effect;
the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments provided for in that Schedule; and
any instrument or document made before the commencement date shall have effect as if any reference to the Board or either Committee were a reference to the Secretary of State or, as the case may require, such person or persons as he may appoint.
In this section “commencement date” means the date of the passing of this Act.
For section 58 of the Act of 1977 (additional powers as to accommodation and services) there shall be substituted the following section—.
For section 50 of the Scottish Act of 1978 (additional powers as to accommodation and services) there shall be substituted the following section—.
The following provisions, namely— shall cease to have effect.
sections 59 and 60 of the Act of 1977 (which are superseded by subsection (1) above); and
sections 51 and 52 of the Scottish Act of 1978 (which are superseded by subsection (2) above),
In subsection (1) of section 65 of the Act of 1977 (accommodation and services for private resident patients) and subsection (1) of section 66 of that Act (accommodation and services for private non-resident patients) for the words " Subject to section 71 " there shall be substituted the words " Subject to section 66A " and after the said section 66 there shall be inserted the following section—.
In subsection (1) of section 57 of the Scottish Act of 1978 (accommodation and services for private resident patients) and subsection (1) of section 58 of that Act (accommodation and services for private non-resident patients) for the words " Subject to section 63 " there shall be substituted the words " Subject to section 58A " and after the said section 58 there shall be inserted the following section—.
The following provisions, namely— shall cease to have effect.
subsection (6) of the said section 65 and subsection (3) of the said section 66 (which are superseded by subsection (1) above); and
subsection (6) of the said section 57 and subsection (3) of the said section 58 (which are superseded by subsection (2) above),
In subsection (2) of the Act of 1976 (control of construction and extension of controlled premises)—
for the definition of “controlled premises” there shall be substituted the following definition—; and
after the definition of “controlled works” there shall be inserted the following definitions—.
After the said subsection (2) there shall be inserted the following subsections—.
In subsection (1) of section 12 of the Act of 1976 (control of construction and extension of controlled premises) for the words “Subject to subsection (3)” there shall be substituted the words “ Subject to subsections (3) and (4) ”.
After subsection (3) of that section there shall be inserted the following subsections—.
In subsection (1) of section 14 of the Act of 1976 (notice of notifiable works)—
for the words “an application for planning permission for any notifiable works” there shall be substituted the following paragraphs—;
after the words “the application” and “the proposed application” there shall be inserted the words “ or change ”; and
the reference to the coming into force of Part III of that Act shall be construed, so far as it relates to the making of notifiable changes, as a reference to the coming into force of this section.
In subsection (2) of that section—
in paragraph (a) there shall be inserted after the words “applied for” the words “ or the notifiable change ”; and
in paragraph (b) there shall be inserted at the beginning the words “ in the case of notifiable works, ”.
For subsection (6) of that section there shall be substituted the following subsection—
In subsection (7) of that section for the definition of “hospital premises” there shall be substituted the following definition— “notifiable change” means— .
The Act of 1976 shall have effect subject to the amendments provided for in Schedule 3 to this Act, being minor amendments and amendments consequential on the amendments made by sections 12 to 14 above.
The enactments specified in Schedule 4 to this Act (which relate to the registration of nursing homes, mental nursing homes and private hospitals within the meaning of the Mental Health (Scotland) Act 1960) shall have effect subject to the amendments provided for in that Schedule.
by substituting, in subsection (2), for the words " land as is mentioned in paragraph (c) of " the words " premises or other land as is mentioned in "; and
by inserting, in subsection (3), after the word " to " the words " premises or other ".
In the Schedule to the National Health Service Act 1966 there shall be substituted for paragraph 7 (which provides for the payment of remuneration and allowances to members of the General Practice Finance Corporation out of money provided by Parliament) the following paragraph, that is to say—.
The amendment made by subsection (1) above has effect in relation to the financial year of the Corporation beginning 1st April 1980 and subsequent years.
Section 41 of the Act of 1977 (which imposes a duty on health authorities to arrange for the supply of proper and sufficient drugs and medicines ordered by medical practitioners and of listed drugs and medicines ordered by dental practitioners) shall be amended by substituting for paragraph (b) the following paragraphs, that is to say—.
Section 27(1) of the Scottish Act of 1978 (which imposes a corresponding duty on Health Boards) shall be amended by substituting for paragraph (b) the following paragraphs, that is to say—.
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Section 195 of the Local Government Act 1972 (which amends exisiting enactments conferring social services functions, including the National Assistance Act 1948, so as to vest those functions in the authorities which are local authorities for the purposes of the Local Authority Social Services Act 1970) shall have effect, and be deemed always to have had effect, as if at the end of the section there were added the following subsection—
There shall be paid out of money provided by Parliament— and any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.
any expenses incurred by the Secretary of State for the purposes of this Act, and
any increase attributable to the provisions of this Act in the sums payable under any other Act out of money so provided,
In this Act—
" the Act of 1976 " means the Health Services Act 1976 ;
“the Act of 1976” means the Health Services Act 1976;
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“the Act of 1977” means the National Health Service Act 1977; and
" the Scottish Act of 1978 " means the National Health Service (Scotland) Act 1978.
“the Scottish Act of 1978” means the National Health Service (Scotland) Act 1978.
Schedule 12 to the Act of 1977 and Schedule 11 to the Scottish Act of 1978 (additional provisions as to regulations for the making and recovery of charges) shall be amended as provided in Parts I and II respectively of Schedule 5 to this Act.
The minor amendments specified in Schedule 6 to this Act shall have effect.
The enactments specified in Schedule 7 to this Act (which include enactments that are spent or unnecessary) are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Health Services Act 1980.
The following provisions of this Act, namely— shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument and different days may be appointed under this subsection for different provisions.
section 14;
section 16 and Schedule 4;
section 21;
section 25(2) and Schedule 5; and
in Schedule 7, the repeals in the Nursing Homes Registration (Scotland) Act 1938, the Nursing Homes Act 1975 and the Nurses, Midwives and Health Visitors Act 1979 (and section 25(4) so far as it relates to those repeals),
With the exception of the provisions specified in subsection (2) above, this Act shall come into force on its passing.
This Act does not extend to Northern Ireland.
Sections 1 and 2.
In section 143(3) of the Public Health Act 1936 after the words “Area Health Authorities” there shall be inserted the words “ District Health Authorities ”.
In section 169(1) of the Public Health Act 1936, between the words “Area” and “Health Authority” there shall be inserted the words “ or District ”.
In section 244(1) of the Public Health Act 1936, between the words “Area” and “Health Authority” there shall be inserted the words “ or District ”.
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In Schedule 5 to the Shops Act 1950, in paragraph 1(g), between the words " Area " and " Health Authority ", there shall be inserted the words " or District ".
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In Schedule 1 to the Public Records Act 1958, in the entries in the Table relating to National health service hospitals, for the words from “Regional” to “Area” (in both places) there shall be substituted the words “ Regional, Area or District ”.
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In section 1(3) of the Abortion Act 1967, for the words from “the Minister” to the end there shall be substituted the words “ the Secretary of State for the purposes of his functions under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 or in a place approved for the purposes of this section by the Secretary of State. ” In section 3(1) of the Abortion Act 1967, for the words from “a Minister” to “Acts” there shall be substituted the words “ the Secretary of State ”.
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In section 2(3)(a) of the Nursing Homes Act 1975, for the words “by virtue of” there shall be substituted the words “ for the purposes of his functions under ”.
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for subsection (1) there shall be substituted the following subsections—;
in subsection (2), after the word " area " (in both places) there shall be inserted the words " or district " and between the words " Area" and " Health Authority " the words " or District " ; and
in subsection (3), after the words " areas " and " area " there shall be inserted the words " or districts " and " or district " respectively.
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in subsection (1), between the words "Area" and "Health Authority ", wherever occurring, there shall be inserted the words " or District "; and
in subsection (2), for the words " or Area " there shall be substituted the words " Health Authority, an Area Health Authority, a District " and after the words " same name " there shall be inserted the words " an Area Health Authority and a District Health Authority are equivalent to each other ".
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between the words " Area" and " Health Authority" wherever occurring there shall be inserted the words " or District "; and
after the word " area " in paragraph (a) there shall be inserted the words " or district ".
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in subsection (1), after the word "Authority" there shall be inserted the words " and a council for the district of each District Health Authority " and after the word " areas " there shall be inserted the words " or districts ";
in subsection (2)(a), after the word " Authorities", there shall be inserted the words " or for a district which includes the districts or parts of the districts of two or more District Health Authorities "; and
in subsection (2)(6), after the word " Authority " there shall be inserted the words " or of the district of a District Health Authority ".
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in subsection (2), after the word " Authorities " there shall be inserted the words " and District Health Authorities "and, in the Table, in column 1, between the words " Area " and " Health Authority " (wherever occurring) there shall be inserted the words " or District " and, in column 2, after the word " area " (wherever occurring) there shall be inserted the words " or district ";
in subsection (3), between the words " Area " and " Health Authority" (in both places) there shall be inserted the words " or District "; and
in subsection (4)(6), between the words " Area" and " Health Authority " (in both places) there shall be inserted the words " or District " and after the words " the area " there shall be inserted the words " or district ".
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in subsection (1), after the word "duty" there shall be inserted the words " and every District Health Authority's duty " and after the words " their area " and " the area " there shall be inserted the words " or district ";
in subsection (2)(e), after the word " area " (in both places), there shall be inserted the words " or district ".
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in subsection (1), between the words " Area " and " Health Authority " there shall be inserted the words " or District ", after the words " Authority's area " there shall be inserted the words " or district ", the words " (except as mentioned in subsection (2) below " shall be omitted and immediately before the words " be entitled " there shall be inserted the words " subject to the provisions of this Part of this Act relating to the disqualification of practitioners "; and
subsection (2) shall be omitted.
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In section 32(3)(a) of the Act of 1977, after the word " areas " there shall be inserted the words " or districts ".
Section 33 of the Act of 1977 shall be amended as follows—
in subsection (1), between the words " Area " and " Health Authority ", there shall be inserted the words " or District " and after the words " the area " and " that area " the words " or district " ;
in subsection (2), for the words " area or part", there shall be substituted the words " area or district or part of an area or district ";
in subsection (3), between the words "Area" and "Health Authority " there shall be inserted the words " or District " and after the words " Authority's area" the words " or district" ;
in subsection (4), after the words " parts of the area " there shall be inserted the words " or district " and between the words " Area " and " Health Authority " the words " or District" ;
in subsection (8)(a), for the words " area or part of an area " there shall be substituted the words " area or district or in the part of the area or district ".
In section 34 of the Act of 1977, in paragraph (a), between the words " Area" and " Health Authorities", there shall be inserted the words " and District " and after the words " their areas " and " those areas " the words " or districts " and in paragraph (b) between the words " Area " and " Health Authorities " there shall be inserted the words " or District ".
In section 35(1) of the Act of 1977 after the word " duty" there shall be inserted the words " and every District Health Authority's duty " and after the word " area " (in both places) there shall be inserted the words " or district ".
In section 36(d) of the Act of 1977 after the word " area " (in both places), there shall be inserted the words " or district ".
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Section 45 of the Act of 1977 shall be amended as follows—
in subsection (1), after the words " Area Health Authority ", there shall be inserted the words " or for the district of a District Health Authority "; and
in subsection (2), after the word " area" there shall be inserted the words " or district ".
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In section 54(2) and (3) of the Act of 1977 between the words " Area " and " Health Authority " there shall be inserted the words " or District " and after the word " area " (wherever occurring) the words " or district".
In section 55 of the Act of 1977 between the words "Area" and " Health Authority" there shall be inserted the words " or District ".
In section 56 of the Act of 1977 after the words " Area Health Authority " where first occurring there shall be inserted the words " or any district or part of a district of a District Health Authority ", for the words "that area or part" there shall be substituted the words " that area or district or in that part of that area or district ", after the words " such area " there shall be inserted the word " district " and between the words " Area " and " Health Authority " (in (i)) there shall be inserted the words " or District ".
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Section 98 of the Act of 1977 shall be amended as follows—
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in subsection (2), between the words " Area " and " Health Authority ", mere shall be inserted the words " or District " and after the word " area" (in both places) there shall be inserted the words " or district ";
in subsection (4), between the words " Area " and " Health Authority ", there shall be inserted the words " or District " and after the words " the area " the words " or district" ;
in subsection (5), between the words " Area " and " Health Authority" (in both places) there shall be inserted the words " or District "and after the words " their area " there shall be inserted the words " or district " ; and
in subsection (6), between the words " Area " and " Health Authority " there shall be inserted the words " or District ".
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in the appropriate place in alphabetical order there shall be inserted the following definition—
in the definition of " health authority ", for the words " or Area", there shall be substituted the words " Area or District ";
in the definition of " the health service ", after the words " in pursuance of ", there shall be inserted the words " section 1 of the National Health Service Act 1946 and continued under ";
in the definition of " health service hospital", after the word " State ", there shall be inserted the words " for the purposes of his functions "; and
for the definition of " voluntary ", there shall be substituted the following definition—.
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In section 10 of the Act of 1977, at the beginning, there shall be inserted the words " Subject to section 2 of the Health Services Act 1980 ".
In section \2(b) of the Act of 1977, at the end, there shall be added the words " or under section 2 of the Health Services Act 1980 ".
This subsection does not apply in relation to Family Practioner Committees established or adopted under section 2 of the Health Services Act 1980 by two or more Area or District Health Authorities.
In section 17 of the Act of 1977, after paragraph (b), there shall be inserted the following paragraph—.
In section 18(3) of the Act of 1977, at the end, there shall be added the words " nor shall Area or District Health Authorities as respects the Family Practitioner Committee which they have jointly established or adopted. ".
In section 29(1) of the Act of 1977, at the beginning, there shall be inserted the words " Subject to section 2 of the Health Services Act 1980 ".
In section 35(1) of the Act of 1977, at the beginning, there shall be inserted the words " Subject to section 2 of the Health Services Act 1980 ".
In section 38 of the Act of 1977, at the beginning, there shall be inserted the words " Subject to section 2 of the Health Services Act 1980 ".
In section 41 of the Act of 1977, at the beginning, there shall be inserted the words " Subject to section 2 of the Health Services Act 1980 ".
In section 98(2) of the Act of 1977, in the paragraph beginning " The accounts ", after the word " established " there shall be inserted the words " or adopted ".
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In sections 12(1), 13(2) and (4), 14(1) and (3), 16(1)(a) and (b) and 17(6) and (7) of the Act of 1976 for the words “the Board” wherever they occur, there shall be substituted the words “ the Secretary of State ”.
In section 13 of that Act—
in subsection (1) for the words from “the Board”, in the first place where they occur, onwards there shall be substituted the words “ the Secretary of State ”; and
in subsection (2) for the word “it” there shall be substituted the word “ he ”.
In section 14 of that Act—
in subsection (1) for the word “it” there shall be substituted the word “ him ”; and
subsection (5) shall be omitted.
In section 16 of that Act—
for paragraphs (d) and (e) of subsection (1) there shall be substituted the following paragraphs—;
subsection (2) shall be omitted; and
in subsection (4) for the words “under the direction of the Board” there shall be substituted the words “ under his direction ”.
In section 17 of that Act—
in subsection (1) for the words “the Board”, in the first place where they occur, there shall be substituted the words “ the Secretary of State ” and for the words “the Board”, in the second and third places where they occur, there shall be substituted the words “ a person or persons appointed by the Secretary of State ”;
in subsections (1) and (3) for the words “the Board’s” there shall be substituted the words “ the Secretary of State’s ”;
in subsection (4) for the words “The Board and the Secretary of State” there shall be substituted the words “ The Secretary of State ”; and
in subsection (7), for the word “it” there shall be substituted the word “ he ”.
In section 22(2) of that Act paragraph (a) and the words “under paragraph 10 of Schedule 1 to this Act or” shall be omitted.
in subsection (1) the words from " but paragraph (d)" onwards shall be omitted;
in subsection (3) paragraph (a) and, in paragraph (b), the words "in relation to any other investigation" shall be omitted; and
in subsection (4) paragraph (a) and, in paragraph (b), the word "other", in the first place where it occurs, shall be omitted.
In section 128(1) of that Act the definitions of “Health Services Board” and “Welsh Committee” shall be omitted.
In the Scottish Act of 1978—
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in section 108(1), the definitions of “Health Services Board” and “Scottish Committee”, shall be omitted.
Section 15.
In this Schedule references to sections are references to sections of the Act of 1976.
In subsection (2) of section 13 (authorisations to construct or extend controlled premises) for the words “the National Health Service Acts” and “those Acts” (in both cases as originally enacted) there shall be substituted the words “ the principal Act ” and “ that Act ” respectively. For subsection (3) of that section there shall be substituted the following subsection—. In subsection (4) of that section after the words “as to” there shall be inserted the words “ the use of the premises, ”.
In subsection (4) of section 16 (regulations in connection with the provisions of Part III) after the words “notifiable works” there shall be inserted the words “ or a notifiable change ”.
In subsection (2)(a) of section 18 (offences) after the words “notifiable works” there shall be inserted the words “ or the making of any notifiable change ” .
Section 20 (interpretation of Part III) shall be amended as provided in this paragraph. After the definition of “controlled works” there shall be inserted the following definition— “ “health authority” means, for England and Wales, an Area Health Authority or a District Health Authority or, for Scotland, a Health Board; ”. In the definition of “hospital premises” for the words “has the meaning given by section 14(7)” there shall be substituted the words “ and “hospital services” have the meanings given by section 12(2) ”. In the definition of “notifiable works” for the words “has the meaning” there shall be substituted the words “ and “notifiable change” have the meanings ”. After the definition of “prescribed” there shall be inserted the following definition— “ “relevant hospital premises” has the meaning given by section 12(2) above; ”.
In subsection (1) of section 23 (general interpretation, amendments and repeals) for the definition of “the principal Act” there shall be substituted the following definition— “ “the principal Act” means, for England and Wales, the National Health Service Act 1977 or, for Scotland, the National Health Service (Scotland) Act 1978; ”. After subsection (2) there shall be inserted the following subsection—.
Section 16.
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For section 1 (meaning of " nursing home ") there shall be substituted the following section—. In section 20(1) (interpretation) in the definition of " maternity home" for the words " section 1(2)" there shall be substituted the words " section 1(1) " –
Section 4 (refusal of registration) shall be renumbered as subsection (1) of that section ; and in that provision as so renumbered— After that provision as so re-numbered there shall be inserted the following subsections—. Where a person's registration in respect of a home is in force immediately before the coming into force of this paragraph, the Secretary of State shall not cancel the registration on any ground mentioned in paragraph (d) or (e) of subsection (1) of section 4 before the expiration of the period of three months beginning with the day on which the relevant notice is served by him under subsection (2) or (3) of that section. In section 20 (interpretation) subsection (2) and the definitions of " pupil midwife " and " qualified nurse " in subsection (1) shall be omitted. In Schedule 7 to the Nurses, Midwives and Health Visitors Act 1979 paragraphs 24 and 25 shall be omitted and for paragraph 23 there shall be substituted the following paragraph—.
In subsection (1) of section 8 (additional registration conditions for mental nursing homes) immediately before the words " a mental nursing home " there shall be inserted the words " a nursing home or ". After subsection (2) of that section there shall be inserted the following subsection—. Section 5(2) (which is superseded by sub-paragraph (1) above) shall be omitted.
In section 19(3) (regulations) for the words from " under section 5 above " to " contrary intention appears " there shall be substituted the word " may ".
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after subsection (1) there shall be inserted the following subsection—;
after paragraph (bb) of the proviso to subsection (3), there shall be inserted the following—; or;
for paragraphs (c) and (d) of the said proviso there shall be substituted the following paragraphs—; and
after subsection (3) there shall be inserted the following subsections—.
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before the proviso there shall be inserted the words " or on the ground that any condition imposed by or under section 1(3D) to (3G) of this Act has not been complied with "; and
in the proviso, after the words " Provided that" there shall be inserted the following words—.
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the definition of " pupil midwife" and " qualified nurse" shall be omitted;
for the definition of " nursing home " there shall be substituted the following—; and
in the definition of "certified midwife", for the word " 1915 " there shall be substituted the word " 1951 ".
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In Schedule 7 to the Nurses, Midwives and Health Visitors Act 1979—
in paragraph 1, the words from “and”, where it first occurs, to the end and paragraphs 2 and 3(b) shall be omitted; and
in paragraph 3(a), for the words “definitions of “qualified nurse” and” there shall be substituted the words “ definition of ”.
Section 25(2).
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Paragraph 3 of the said Schedule 12 shall be amended as provided in this paragraph. In sub-paragraph (4), for the words from “(a) was under 21 years” to “in a school”, there shall be substituted—; and the words from “if” to the end shall be omitted. In sub-paragraph (5), for the words from “under section 79(1)” to “to a denture” there shall be substituted the words “ made with respect to any exemption under sub-paragraph (4) above ”.
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In paragraph 1(1)(c) of Schedule 11 to the Scottish Act of 1978, for the words “or is undergoing full-time education in a school, or”, there shall be substituted the words “ or is under 19 years of age and receiving qualifying full-time education, or ”.
Paragraph 2 of the said Schedule shall be amended as provided in this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For sub-paragraph (4)(a), there shall be substituted,—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In sub-paragraph (8), after the word “replacement”, where it first occurs, there shall be inserted the words “ and, in the case of dentures, to their being relined or adjusted or having additions made to them, ”.
Paragraph 3 of the said Schedule 11 shall be amended as provided in this paragraph. In sub-paragraph (4), for the words from “(a) was under 21 years” to “in a school”, there shall be substituted—; and the words from “if” to the end shall be omitted. In sub-paragraph (5), for the words from “under section 71(1)” to “to a denture” there shall be substituted the words “ made with respect to any exemption under sub-paragraph (4) ”.
After paragraph 6 of the said Schedule 11, there shall be inserted the following paragraph—
Section 25(3).
In subsection (6) of the Scottish Act of 1978 (local health councils) after the word “thereof,” there shall be inserted “ and of any body established under subsection (9)(g), ”. After paragraph (f) of section 7(9) of that Act there shall be inserted the following paragraphs—.
In subsection (1) of section 10 of that Act (common Services Agency) for the words “health service” there shall be substituted the words “ Scottish Health Service ”.
In section 20 of that Act (applications to provide general medical services) immediately before the words “be entitled” there shall be inserted the words “ subject to the provisions of this Part of this Act relating to the disqualification of practitioners ”; and the words “(except as mentioned in subsection (2))” and subsection (2) shall be omitted.
and it shall be the Secretary of State’s duty, before he prescribes any circumstances for the purposes of paragraph (b), to consult such organisations as appear to him to be representative of the dental profession.
the remuneration is paid in pursuance of arrangements made under section 33, or
the services are provided in prescribed circumstances and the practitioner consents,
In section 105(7) of that Act (power to make regulations and orders)—
Section 108(1) of that Act (definitions) shall be amended as follows—
in the definition of “health service hospital”, after the word “State” there shall be inserted the words “ for the purposes of his functions ”; and
for the definition of “voluntary” there shall be substituted the following definition— “ “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority. ”.
Schedule 1 to that Act shall be amended as provided in this paragraph. In paragraph 5— In paragraph 7— In paragraph 11— After paragraph 11 there shall be inserted the following paragraph—.
Schedule 5 to that Act shall be amended as provided in this paragraph. After paragraph 3 there shall be inserted the following paragraph—. In paragraph 7— In paragraph 9—
In paragraph 3 of Schedule 14 to that Act—
for the words “an Executive Council” there shall be substituted the words “ a Joint Ophthalmic Committee ”;
sub-paragraph (b) shall be omitted;
in sub-paragraph (c) the words “or order” and “or that order” shall be omitted.
In paragraph 13(b) of Schedule 15 to that Act, after the word “of”, where it first occurs, there shall be inserted the words “ this Act ”.
After paragraph 6 of Schedule 7 to the Nurse, Midwives and Health Visitors Act 1979 there shall be inserted the following paragraph—. In Schedule 8 to the Nurses, Midwives and Health Visitors Act 1979 in column 3 of the entry relating to the Nurses (Scotland) Act 1951 for the words “except section 36(1) and (2)” there shall be substituted “ except sections 33(4) to (6) and 36(1) and (2) ”.
Section 25(4). Chapter Short Title Extent of Repeal 1938 c. 73. The Nursing Homes Registration (Scotland) Act 1938. Section 5. In section 10, the definitions of “pupil midwife” and “qualified nurse”. 1967 c. 87. The Abortion Act 1967. In section 6, the definition of “the National Health Service Acts”. 1971 c. 62. The Tribunals and Inquiries Act 1971. In section 8(2) the words “7A” and “37A”. In Schedule 1, paragraphs 7A and 37A. 1972 c. 11. The Superannuation Act 1972. In Schedule 1, the entry relating to the Health Services Board. 1973 c. 32. The National Health Service Reorganisation Act 1973. In section 15(3), the words from “but nothing” to the end. 1975 c. 24. The House of Commons Disqualification Act 1975. In Part II of Schedule 1, the entries relating to the Health Services Board and the Scottish and Welsh Committees of that Board. 1975 c. 37. The Nursing Homes Act 1975. Section 5(2). In section 20, subsection (2), and the definitions of “pupil midwife” and “qualified nurse” in subsection (1). 1976 c. 83. The Health Services Act 1976. Section 1. Section 3. Section 6. Section 14(5). Section 16(2). In section 21 the words “subject to section 8(8) above”. In section 22(2), paragraph (a) and the words “under paragraph 10 of Schedule 1 to this Act or”. In section 23, in subsection (1), the definition of “NHS hospital” and subsection (5). In section 24— (a) in subsection (1) the words from “and Part II of this Act” onwards; and (b) in subsection (3) the words “except so gar as it amends the House of Commons Disqualification Act 1975”. Schedules 1 and 2. 1977 c. 49. The National Health Service Act 1977. In section 6, subsections (1) and (2), in subsection (3) the words “after consultation with the Central Council” and “and the Council”, in subsection (5) the words “and the Central Council”, the words “or the Council” and the words following paragraph (b), and subsections (6) and (7). In section 23(1), the paragraph beginning “In this section”. In section 30, the words “(except as mentioned in subsection (2) below)” and subsection (2). In section 41 the word “and” at the end of paragraph (a). Sections 59 and 60. Section 65(6). Section 66(3). Sections 67 to 71. Sections 73 to 76. In section 100(1), paragraph (a). In section 101, the words from “but this section” onwards. In section 102(1)(a), in subparagraph (i), the words “the Central Council”, the words from “and that Council” to “this Act” and the words “under that paragraph”. In section 109, paragraph (g) and the word “and” immediately preceding that paragraph. In section 110, paragraph (d) and the word “or” immediately preceding that paragraph. In section 119— (a) in subsection (1) the words from “but paragraph (d)” onwards; (b) in subsection (3) paragraph (a) and, in paragraph (b), the words “in relation to any other investigation”; and (c) in subsection (4), paragraph (a) and, in paragraph (b), the word “other” in the first place where it occurs. In section 128(1) the definitions of “the Central Council”, “Health Services Board” and “Welsh Committee”. In Schedule 4, paragraph 1, in paragraph 2 the words “the Central Council, and of”, in paragraph 3, the words “the Central Council and to”, in paragraph 4, the words “The Central Council may appoint such committees, and”, the words “Central Council or” (in both places), the words “committee or” and the words “as the case may be”, in paragraph 5 the words “The Central Council and”, the words “Council or” (in both places) and the words “as the case may be” and, in paragraph 6 the words “the Central Council or of” and “Council or”. In Schedule 12, in paragraph 3(4), the words from “if” to the end. In Schedule 15, paragraphs 11, 41 and 68 to 70. 1978 c. 29. The National Health Service (Scotland) Act 1978. Section 16(3). In section 20, the words “(except as mentioned in subsection (2))” and subsection (2). In section 25(3), the words “, except in special circumstances,”. Sections 51 and 52. Section 57(6). Section 58(3). Sections 59 to 63. Sections 65 to 68. In section 85(6) the words from “but” to the end. Section 93(1)(c). In section 96— (a) in subsection (1)(d) the words “subject to subsection (2)”; (b) subsection (2); (c) in subsection (4) paragraph (a) and, in paragraph (b), the words from the beginning to “investigation”; (d) in subsection (5) the words from “(other than” to “Committee)”; and (e) in subsection (6) the words from “shall” to “and” and the words “other” and “said”. In section 105(7) the words from “under sections 2” to “Schedule 5”. In section 108(1) the definitions of “full-time education in a school”, “Health Services Board” and “Scottish Committee”. In Schedule 1, in paragraph 5 the words “, subject to regulations,” and paragraph 11(d) and the word “and” immediately preceding it. In Schedule 5, in paragraph 7 the words “, subject to regulations,”. In Schedule 11, in paragraph 3(4), the words from “if” to the end. In Schedule 14, in paragraph 3 sub-paragraph (b) and in sub-paragraph (c) the words “or order” and “or that order.” In Schedule 16, paragraphs 25 and 43. 1979 c. 36. The Nurses, Midwives and Health Visitors Act 1979. In Schedule 7, in paragraph 1, the words from “and” where it first occurs to the end and paragraphs 2, 3(b), 24 and 25.