National Health Service Reform and Health Care Professions Act 2002
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On and after the date on which this section comes into force, Health Authorities for areas in England are to be known instead as Strategic Health Authorities.
Accordingly, for section 8 of the National Health Service Act 1977 (c. 49) (in this Act referred to as “the 1977 Act”) (establishment and abolition of Health Authorities) there is substituted—
Schedule 1 (which contains amendments consequential upon this section) is to have effect.
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in paragraph 2(3)—
for “the Health Authority in whose area a Primary Care Trust is established to meet the costs” there is substituted “a Strategic Health Authority whose area includes any part of the area of a Primary Care Trust to meet costs”, and
in paragraph (b), after “meet” there is inserted “(or to contribute towards its meeting)”,
in paragraph 2(4), for “the Health Authority in whose area a Primary Care Trust is established” there is substituted “a Strategic Health Authority whose area includes any part of the area of a Primary Care Trust”,
in paragraph 16(1), for “the Health Authority within whose area the trust’s area falls” there is substituted “each Strategic Health Authority whose area includes any part of the trust’s area”, and
in paragraph 16(3), for “the Health Authority within whose area the trust’s area falls” there is substituted “any Strategic Health Authority whose area includes any part of the trust’s area”.
Schedule 2 (which contains amendments of the 1977 Act and of other enactments to reallocate functions of Health Authorities to Primary Care Trusts and to make certain connected amendments) is to have effect.
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The 1977 Act is amended as follows.
In section 16D (Secretary of State’s directions: distribution of functions), in subsection (1), after “Special Health Authority” there is inserted “or a Primary Care Trust”.
For section 17A (Health Authority’s directions: distribution of functions) there is substituted—
In section 17B (Health Authority’s directions: exercise of functions), in subsection (1), the words from “which” to the end are omitted.
In section 18 (directions and regulations under preceding provisions), in subsection (1A)—
“or” is inserted after paragraph (a),
paragraph (b) is omitted, and
in paragraph (c), for “16D, 17 or 17A” there is substituted “16D or 17”.
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Schedule 3 (which contains amendments of the National Health Service (Primary Care) Act 1997 and of other enactments related to the provisions of this section and sections 1 to 3) is to have effect.
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Section 44 of the 1977 Act (recognition of local representative committees) is amended in accordance with subsections (2) to (7).
Before subsection (A1) there is inserted—
After subsection (A1) there is inserted—
After subsection (B1) there is inserted—
In subsection (2), “with the approval of the Health Authority” is omitted.
In subsection (3)—
in each of paragraphs (a) and (c), before “Health Authority” there is inserted “Primary Care Trust or”,
after paragraph (a) there is inserted—, and
after paragraph (c) there is inserted—.
In subsection (4), after “notified the” there is inserted “Primary Care Trust or”.
Section 45 of the 1977 Act (functions of local representative committees) is amended as follows.
After subsection (1) there is inserted—
In subsection (1A)—
for “power conferred by subsection (1) above is” there is substituted “powers conferred by subsections (1) and (1ZA) above are”, and
after “require a” there is inserted “Strategic Health Authority, Primary Care Trust or”.
In subsection (1C)—
for “subsection (A1)(b) or (c) or (B1)(b) or (c)” there is substituted “subsection (ZA1)(b) or (c), (A1)(b) or (c), (A2)(b) or (c) or (B1)(b) or (c)”,
before paragraph (a) there is inserted—, and
after paragraph (b) there is inserted—.
In each of subsections (2) and (3), before “Health Authority”, in each place where it occurs, there is inserted “Primary Care Trust or”.
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After section 16B of the 1977 Act there is inserted—
Schedule 4 (which inserts the new Schedule 5B in the 1977 Act) and Schedule 5 (which makes other amendments relating to Local Health Boards) are to have effect.
In section 126 of the 1977 Act (orders, regulations and directions)—
in subsection (1)—
after “PCT order” there is inserted “or an instrument made by the National Assembly for Wales”, and
in paragraph (b), after “Schedule 5A to this Act” there is inserted “, paragraph 19, 20 or 22 of Schedule 5B to this Act”,
in subsection (3B), after “pursuance of” there is inserted “section 16BB or”,
in subsection (4), for “section 18” there is substituted “section 16BB, 18”, and
in subsection (4A)—
the word “or” at the end of paragraph (b) is omitted, and
after paragraph (b) there is inserted—.
Section 1 of the National Health Service (Private Finance) Act 1997 (c. 56) (powers to enter into externally financed development agreements) applies to Local Health Boards as it applies to NHS trusts.
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Section 97 of the 1977 Act (means of meeting expenditure of Health Authorities etc out of public funds) is amended as follows.
Before subsection (1) there is inserted—
In subsection (3C), after “any year” there is inserted “to a Strategic Health Authority under subsection (A1) above or”.
In subsection (3D), after “given to” there is inserted “the Strategic Health Authority or”.
In subsection (3F), after “any year to” there is inserted “a Strategic Health Authority or”.
In subsection (5), after “allotted to a” there is inserted “Strategic Health Authority,”.
In subsection (6)—
after “directions to a” there is inserted “Strategic Health Authority,”,
at the end of paragraph (a) there is inserted “or”, and
paragraphs (bb) and (c) are omitted.
Subsection (8) is omitted.
In subsection (9), after “paid to” there is inserted “Strategic Health Authorities,”.
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After section 97E of the 1977 Act there is inserted—
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The 1977 Act is amended as follows.
In section 97 (means of meeting expenditure of Health Authorities etc out of public funds), in subsection (3BB), for “section 97C” there is substituted “sections 97C and 97F”.
Schedule 12A to the 1977 Act (expenditure of Health Authorities and Primary Care Trusts) is amended as follows.
In paragraph 3—
in each of sub-paragraphs (1), (4) and (5), for “Secretary of State” there is substituted “National Assembly for Wales”,
in sub-paragraph (1), for “he” there is substituted “it”,
in sub-paragraph (4)—
for “his discretion” there is substituted “its discretion”, and
for “his opinion” there is substituted “the Assembly’s opinion”, and
in sub-paragraph (5), for “he” there is substituted “the Assembly”.
In paragraph 4(2), the word “or” at the end of paragraph (a) is omitted, and after paragraph (a) there is inserted—.
In paragraph 5(1)—
the “and” at the end of paragraph (a) is omitted,
in paragraph (b), for “(other than general Part II expenditure),” there is substituted “(other than general Part 2 expenditure and remuneration referable to the cost of drugs), and”, and
for the words following paragraph (b) there is substituted—
In paragraph 5(2), the “or” at the end of paragraph (a) is omitted, and after paragraph (a) there is inserted—.
For paragraph 6 there is substituted—
After paragraph 6 there is inserted—
In paragraph 7—
in sub-paragraph (1)—
in the definition of “designated”, after “Secretary of State” there is inserted “or, as the case may be, the National Assembly for Wales”, and
in the definition of “remuneration referable to the cost of drugs”, for “paragraph 1(2)(b)” there is substituted “paragraphs 1(2)(b), 4(2)(aa) and 6A(2)(b)”,
in sub-paragraph (2), for “Health Authorities” there is substituted “Primary Care Trusts”, and at the end there is inserted “and the National Assembly for Wales shall make the corresponding determination in relation to Health Authorities and Local Health Boards.”, and
in sub-paragraph (3)—
for “Health Authorities” there is substituted “Primary Care Trusts”,
“or Primary Care Trust” is omitted, and
at the end there is inserted “, and the National Assembly for Wales may so treat all remuneration paid by Health Authorities to such persons, so far as it is so met.”
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Section 20 of the 1999 Act (functions of the Commission for Health Improvement) is amended as provided in subsections (2) to (4).
In subsection (1)—
in paragraph (d), for “particular types of health care” there is substituted “health care”,
the “and” at the end of paragraph (d) is omitted, and
after paragraph (d) there is inserted—.
After subsection (1) there is inserted—
In subsection (2), for paragraph (d) there is substituted—.
In section 33 of the Audit Commission Act 1998 (c. 18) (studies for improving economy etc in services), in subsection (6)(c), after “Secretary of State” there is inserted “, the Commission for Health Improvement”.
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In section 20 of the 1999 Act (functions of the Commission for Health Improvement)—
in subsection (1), after the paragraph (da) inserted by section 12 there is inserted—, and
after the subsections (1A) and (1B) inserted by section 12 there is inserted—
In section 23 of that Act (powers of the Commission to obtain information)—
in subsection (1)(a), for “NHS premises” there is substituted “relevant premises”,
in subsection (2)(d), after “section 20(1)(c)” there is inserted “, (d) or (db), or any functions equivalent to those under section 20(1)(c) prescribed under section 20(1)(e)”, and
in subsection (6)—
the definition of “NHS premises” is omitted, and
“relevant premises” means— (and terms used in this definition have the meaning given by section 20(7) (disregarding section 20(8)(b))).
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Schedule 2 to the 1999 Act (the Commission for Health Improvement) is amended as follows.
After paragraph 5 there is inserted—
In paragraph 7 (employees)—
in sub-paragraph (2), the words after “Commission” are omitted, and
sub-paragraphs (6) and (7) are omitted.
In paragraph 8 (delegation of functions)—
the existing text is renumbered as sub-paragraph (1) of that paragraph,
in that sub-paragraph (1) (as so renumbered), for “a committee” to the end there is substituted—, and
after sub-paragraph (1) there is inserted—
In paragraph 12—
in sub-paragraph (1), for “the exercise of its functions” there is substituted “the way in which the Commission has exercised its functions”, and
As soon as possible after the end of each financial year, the Commission must also make a report to the Secretary of State and the National Assembly for Wales on what it has found in relation to NHS bodies and service providers in the course of exercising its functions during the year. The Secretary of State must lay before Parliament any reports he receives under sub-paragraphs (1) and (1A). The National Assembly for Wales must publish any report it receives under sub-paragraph (1A).
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The Secretary of State shall establish a body to be known as a Patients' Forum—
for each NHS trust all or most of whose hospitals, establishments and facilities are situated in England, and
for each Primary Care Trust.
The members of each Patients' Forum are to be appointed by the Commission for Patient and Public Involvement in Health.
A Patients' Forum must—
monitor and review the range and operation of services provided by, or under arrangements made by, the trust for which it is established,
obtain the views of patients and their carers about those matters and report on those views to the trust,
provide advice, and make reports and recommendations, about matters relating to the range and operation of those services to the trust,
make available to patients and their carers advice and information about those services,
in prescribed circumstances, perform any prescribed function of the trust with respect to the provision of a service affording assistance to patients and their families and carers,
carry out such other functions as may be prescribed.
In providing advice or making recommendations under subsection (3)(c), a Patients' Forum must have regard to the views of patients and their carers.
If, in the course of exercising its functions, a Patients' Forum becomes aware of any matter which in its view—
should be considered by a relevant overview and scrutiny committee, the Forum may refer that matter to the committee,
should be brought to the attention of the Commission for Patient and Public Involvement in Health, it may refer that matter to the Commission.
Subsection (5) does not prejudice the power of a Patients' Forum to make such other representations or referrals as it thinks fit, to such persons or bodies as it thinks fit, about matters arising in the course of its exercising its functions.
Patients' Forums must in prescribed circumstances—
co-operate with each other in the exercise of their functions,
exercise functions jointly with one or more other Forums.
References in subsection (3) to services are references to—
services provided as part of the health service in England,
services provided in England in pursuance of section 31 arrangements in relation to the exercise of health-related functions of a local authority, and
services provided elsewhere (and not as part of the health service in England) in pursuance of section 31 arrangements with a local authority in England.
In this section—
subordinate legislation (within the meaning of the Interpretation Act 1978), an instrument made under an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation (whether made before or after that commencement), and
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subsection (1) is omitted, and
in subsection (2), for “Health Authorities”, in both places, there is substituted “Strategic Health Authorities”.
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before “Health Authority”, where it first occurs, there is inserted “Primary Care Trust or”, and
before “Health Authority”, in each other place where it occurs, there is inserted “Primary Care Trust,”.
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In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—
for “1978 and” there is substituted “ 1978, ”, and
after “1977” there is inserted “ and a Local Health Board established under section 16BA of that Act ”.
In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1B), after “Trust”, where it first occurs, there is inserted “ and Local Health Board ”, and in the second place where it occurs there is inserted “ or Local Health Board ”.
In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)(da), after “1977” there is inserted “ , by a Local Health Board established under section 16BA of that Act ”.
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In section 69 of the Data Protection Act 1998 (meaning of “health professional”), in subsection (3), after paragraph (bb) there is inserted—.
Commission for Patient and Public Involvement in Health.
...
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The Authority must establish and maintain a system for the declaration and registration of private interests of its members. The Authority must publish entries recorded in the register of members’ interests.
The Authority may arrange for the discharge of any of its functions by— If the Authority does arrange for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
The Authority must keep accounts in such form as the Privy Council may determine. The Authority must prepare annual accounts in respect of each financial year in such form as the Privy Council may determine. The Authority must send copies of the annual accounts to ... the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Privy Council may determine. Within that period the Authority must also send copies of the annual accounts to— The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament. A copy of the accounts shall be laid before— and the National Assembly for Wales shall publish the accounts. In this paragraph and paragraph 16, “financial year” means—
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an Act, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales (whether passed before or after the commencement of this subsection), or
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“the health service” has the same meaning as in the 1977 Act,
and
In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), in the second paragraph of Ground 16, after “1990,” there is inserted “ or by a Local Health Board, ”.
In section 121 of the Care Standards Act 2000 (general interpretation), in subsection (1), in the definition of “National Health Service body”, for “or a Primary Care Trust” there is substituted “ , a Primary Care Trust or a Local Health Board ”.
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“social care workers in England” has the meaning given in section 60 of the 1999 Act.
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in subsection (5), in each of paragraphs (a) and (b), before “Health Authority” there is inserted “Strategic Health Authority or by a”, and
“Strategic Health Authority” and “Health Authority” have the same meaning as in the National Health Service Act 1977;
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Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c.9) (which provides for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out below, apply in relation to meetings of the Authority in Northern Ireland as they apply in relation to meetings of a district council. The modifications are—
The Medical Act 1983 is amended as follows.
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in subsection (1)(c), before “Health Authorities” there is inserted “Strategic Health Authorities,”, and
in subsection (7), in the definition of “NHS body”, after “means a” there is inserted “Strategic Health Authority,”.
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In section 40 (appeals), in subsection (11), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.
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In Schedule 6 (transitional and saving provisions), in paragraph 18, “section 40(4) of this Act or” is omitted.
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in subsection (6)—
in paragraphs (b) and (g), before “Health Authorities” there is inserted “Strategic Health Authorities,”, and
in paragraph (h), after “provision by” there is inserted “Strategic Health Authorities,”, and
in subsection (9), after “duty of” there is inserted “Strategic Health Authorities,”.
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In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph 1(gg) there is inserted—.
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The National Health Service and Community Care Act 1990 is amended as follows.
or
The Government of Wales Act 1998 is amended as provided in this paragraph. In Schedule 5 (bodies and offices covered by section 74), after paragraph 25 there is inserted— In Schedule 17 (audit etc of Welsh public bodies), after paragraph 12 there is inserted—
In section 138 of the Learning and Skills Act 2000 (Wales: provision of information by public bodies), in subsection (3), after paragraph (b) there is inserted—.
The power in section 26(1) includes the power to—
acquire and dispose of land and other property, and
enter into contracts.
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in subsections (1), (2), (3) and (5), for “or Primary Care Trust” there is substituted “, Primary Care Trust or Local Health Board”, and
in subsection (6)—
in paragraph (a), after “Health Authority” there is inserted “, Local Health Board”, and
for “or Primary Care Trust” there is substituted “, Primary Care Trust or Local Health Board”.
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In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Health Authority” there is inserted “ , Local Health Board ”.
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In section 61 (health service bodies: taxation), in subsection (3), after “Primary Care Trust” there is inserted “ or Local Health Board ”.
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in subsection (1), for “or Primary Care Trust”, in both places, there is substituted “, Primary Care Trust or Local Health Board”, and
in subsection (3), for “and Primary Care Trusts” there is substituted “, Primary Care Trusts and Local Health Boards”.
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in subsection (1), for “or Primary Care Trust” there is substituted “, Primary Care Trust or Local Health Board”, and
in subsection (3), after “Primary Care Trusts”, in both places, there is inserted “, Local Health Boards”.
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in subsection (1)—
the “and” at the end of paragraph (a) is omitted, and
at the end of paragraph (b) there is inserted “; and”, and after that paragraph there is inserted—, and
in subsection (2B), after “Primary Care Trust” there is inserted “, Local Health Board”.
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in subsection (2), for “or Primary Care Trust”, in both places, there is substituted “, Primary Care Trust or Local Health Board”, and
in subsection (3), the “and” at the end of paragraph (bb) is omitted and after that paragraph there is inserted—.
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In section 98 (accounts and audit), in subsection (1), after paragraph (bb) there is inserted—.
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in sub-paragraphs (d) and (e), after “Primary Care Trusts”, in each place where it occurs, there is inserted “, Local Health Boards”, and
in sub-paragraphs (f) and (g), for “and Primary Care Trusts” there is substituted “, Primary Care Trusts and Local Health Boards”.
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A Patients' Forum established for a Primary Care Trust (a “PCT Patients' Forum”) has the following additional functions—
providing independent advocacy services to persons in the Trust’s area or persons to whom services have been provided by, or under arrangements with, the Trust,
making available to patients and their carers advice and information about the making of complaints in relation to services provided by or under arrangements with the Trust, and
representing to persons and bodies which exercise functions in relation to the area of the Trust (including, in particular, any relevant overview and scrutiny committee) the views of members of the public in the Trust’s area about matters affecting their health.
In subsection (1), references to services have the meaning given by section 15(8).
It is also the function of a PCT Patients' Forum—
to promote the involvement of members of the public in the area of the Trust in consultations or processes leading (or potentially leading) to decisions by those mentioned in subsection (4), or the formulation of policies by them, which would or might affect (whether directly or not) the health of those members of the public,
to make available advice and information to such members of the public about such involvement,
to advise those mentioned in subsection (4) about how to encourage such involvement (including, in the case of bodies mentioned in subsection (4) to which section 11 of the Health and Social Care Act 2001 (c. 15) applies, advising them how to comply with the requirements of that section in relation to the area of the Primary Care Trust), and
to monitor how successful those mentioned in subsection (4) are at achieving such involvement.
Those referred to in subsection (3) are—
Strategic Health Authorities whose areas include any part of the area of the Primary Care Trust,
the Primary Care Trust itself,
NHS trusts which provide services to patients in the area of the Primary Care Trust,
other public bodies, and
others providing services to the public or a section of the public.
In section 12 of the Health and Social Care Act 2001 (which inserts a new section 19A concerning independent advocacy services into the 1977 Act), in that new section 19A, after subsection (6) there is inserted—
In this section—
“relevant overview and scrutiny committee” has the same meaning as in section 15.
Section 1(3)
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in subsection (1), after “exercisable by” there is inserted “a Strategic Health Authority or”,
in subsection (2)—
before paragraph (a) there is inserted—, and
in paragraph (c), after “Local Health Boards” (inserted by paragraph 5 of Schedule 5) there is inserted “, other Strategic Health Authorities”, and
in subsection (4)(a), before “Health Authority” (in both places) there is inserted “Strategic Health Authority or”.
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in subsection (2)(c), after “following:” there is inserted “Strategic Health Authorities,”, and
in subsection (3)(c), after “one or more” there is inserted “Strategic Health Authorities,”.
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in subsection (1), after “Every” there is inserted “Strategic Health Authority and every”, and
in subsection (2), before “Health Authorities” there is inserted “Strategic Health Authorities and”.
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in subsection (1), after “direct a” there is inserted “Strategic Health Authority,”, and
in subsection (2), after “of a” there is inserted “Strategic Health Authority or”.
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in subsection (1)(b), after “State or by a” there is inserted “Strategic Health Authority,”,
in subsection (3), in each of paragraphs (b) and (c), after “or a” there is inserted “Strategic Health Authority,”, and
in subsection (4)(b), after “providing” there is inserted “Strategic Health Authorities,”.
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in subsection (1)—
after “officer of a” there is inserted “Strategic Health Authority,”, and
after “that the” there is inserted “Strategic Health Authority,”, and
in subsection (3), after “directions to” there is inserted “Strategic Health Authorities,”.
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in subsection (1), after “any” there is inserted “Strategic Health Authority,”, and
in subsection (3)—
after “available to” there is inserted “Strategic Health Authorities,”, and
after “to enable” there is inserted “Strategic Health Authorities,”.
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in subsection (2)—
after “by a” there is inserted “Strategic Health Authority,”, and
after “by the” there is inserted “Strategic Health Authority,”, and
in subsection (3), before paragraph (a) there is inserted—.
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in subsection (1), in each of paragraphs (a) and (b), after “of a” there is inserted “Strategic Health Authority,”, and
in subsection (6), before “a Health Authority” there is inserted “a Strategic Health Authority or”.
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in subsection (1), after “functions of any” there is inserted “Strategic Health Authority,”, and
in subsection (1A), before paragraph (a) there is inserted—.
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in subsection (1), before “Health Authority,”, in both places, there is inserted “Strategic Health Authority,”,
in subsection (3), after “benefit of the” there is inserted “Strategic Health Authority,”,
in subsection (4), before “Health Authority,” there is inserted “Strategic Health Authority,”,
in subsection (5)(b), before “Health Authority” there is inserted “Strategic Health Authority,”, and
in each of subsections (7), (8) and (9), before “Health Authority,”, in each place where it occurs, there is inserted “Strategic Health Authority,”.
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in subsection (1), before paragraph (a) there is inserted—, and
in subsection (2AA), for “Health Authority” there is substituted “Strategic Health Authority”.
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in the entry in the first column, before “a Health Authority” there is inserted “a Strategic Health Authority,”, and
in the entry in the second column, before “Health Authority” there is inserted “Strategic Health Authority,”.
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in subsection (2), before paragraph (a) there is inserted—, and
in each of subsections (3), (4) and (5), before “Health Authority” there is inserted “Strategic Health Authority,”.
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in each of paragraphs 4(1), 4(2), 5(3), 13, 30(2) and 31, before “Health Authority” there is inserted “Strategic Health Authority,”, and
in paragraph 30(1), after paragraph (a) there is inserted—.
Section 2(5)
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in subsection (1A)(a), for “Health Authorities for areas in England” there is substituted “Primary Care Trusts”, and
in subsection (1A)(b), “for areas in Wales” is omitted.
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section 49F (disqualification of practitioners),
section 49G (contingent removal), and
section 49I (suspension),
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before “Health Authority”, in each place where it occurs, there is inserted “Primary Care Trust or”, and
in subsection (6), for “Health Authority’s decision” there is substituted “decision of the Primary Care Trust or of the Health Authority”.
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in subsections (1) and (3), before “Health Authority” there is inserted “Primary Care Trust or”, and
in subsection (2), for “Health Authority’s decision” there is substituted “decision of the Primary Care Trust or of the Health Authority”.
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before “Health Authority”, in each place where it occurs, there is inserted “Primary Care Trust or”,
in subsection (3), for “Health Authority’s decision” there is substituted “decision of the Primary Care Trust or of the Health Authority”, and
in subsection (7), after “payments by” there is inserted “Primary Care Trusts and”.
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before “Health Authority”, where it first occurs, there is inserted “Primary Care Trust or”, and
in paragraph (i), after “authorise the” there is inserted “Primary Care Trust or”.
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after paragraph (b) there is inserted—, and
in paragraph (c), for “of payments” to the end there is substituted “of such payments.”
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“or a Primary Care Trust” is omitted, and
for “Health Authority” there is substituted “Primary Care Trust, Health Authority or Local Health Board”.
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In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), after “by a” there is inserted “ Strategic Health Authority, ”.
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in subsection (2), for paragraph (b) there is substituted—,
in each of paragraphs (c) and (e), before “Health Authority” there is inserted “Primary Care Trust or”, and
in paragraph (i), after “of” there is inserted “Primary Care Trusts and of”.
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in subsection (1), after “authorising” there is inserted “Primary Care Trusts or”, and
in each of subsections (2) and (3), before “Health Authority” there is inserted “Primary Care Trust or”.
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after “duty of” there is inserted “every Primary Care Trust and of”,
for “Health Authority’s area” there is substituted “area of the Primary Care Trust or Health Authority”, and
after “available to the” there is inserted “Primary Care Trust or”.
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in subsection (1), after “regulations for” there is inserted “Primary Care Trusts and”, and
in subsection (3), before “Health Authority”, in both places, there is inserted “Primary Care Trust or”.
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before “Health Authority”, in each place where it occurs, there is inserted “Primary Care Trust or”,
in paragraph 2(5)(d), before “Health Authorities” there is inserted “Primary Care Trusts and”, and
in paragraph 5(1)(a), for “Health Authority’s area” there is substituted “area of the Primary Care Trust or Health Authority”.
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Section 4(3)
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for subsection (1) there is substituted—, and
in subsection (2), for “Health Authorities”, in both places, there is substituted “Strategic Health Authorities”.
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for “an authority” there is substituted “a Primary Care Trust, Health Authority or Health Board”, and
for “by them or by any other authority” there is substituted “by any authority”.
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in subsection (2)(a), after “than” there is inserted “Strategic Health Authorities and”,
in subsection (3)(k), after “authorise” there is inserted “Strategic Health Authorities and”,
in subsection (7)(a), after “circumstances)” there is inserted “Primary Care Trusts and”, and
in subsection (8)(a), before “Health Authority” (in both places) there is inserted “Strategic Health Authority or”.
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Section 6(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6(2)
Section 20(11)
Section 25(4)
The Authority is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Authority's property is not to be regarded as property of, or property held on behalf of, the Crown.
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The Authority may appoint the executive member referred to in paragraph 4(f) on such terms and conditions as the Authority may determine. The executive member must be an employee of the Authority . Any decision of the Authority under sub-paragraph (1) must be taken by the members appointed under paragraph 4(a) to (e). The Authority may appoint such other employees as it considers appropriate on such terms and conditions as it may determine.
The Secretary of State may make payments out of money provided by Parliament to the Authority of such amounts, at such times and on such conditions (if any) as he considers appropriate. An appropriate authority may make payments to the Authority of such amounts, at such times and on such conditions (if any) as it considers appropriate. The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph. The Secretary of State may make loans out of money provided by Parliament to the Authority on such terms (including terms as to repayment and interest) as he may determine. An appropriate authority may make loans to the Authority on such terms (including terms as to repayment and interest) as it may determine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Secretary of State may give directions to the Authority as to the application of any sums received by it under sub-paragraph (1) or (3). An appropriate authority may give directions to the Authority as to the application of any sums received by it from the authority under sub-paragraph (2) or (4). The Authority must comply with any directions under sub-paragraph (7) or (8). In this paragraph, “appropriate authority” means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.
The application of the seal of the Authority must be authenticated by the signature of—
any member of the Authority, or
any other person who has been authorised by the Authority (whether generally or specially) for that purpose.
For the purposes of— the Authority is to be treated as a cross-border public authority within the meaning of that Act.
section 23(2)(b) of the Scotland Act 1998 (c. 46) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and
section 70(6) of that Act (accounts prepared by cross-border bodies),
The Privy Council may by regulations provide for—
the conditions to be fulfilled for appointment as chair or other member of the Authority,
the tenure of office of the chair and non-executive members of the Authority (including the circumstances in which they cease to hold office or may be removed or suspended from office),
the appointment of, constitution of and exercise of functions by committees and sub-committees of the Authority (including committees and sub-committees which consist of or include persons who are not members of the Authority).
the appointment of a member as deputy chair and the circumstances in which that member ceases to hold, or may be removed from, office as deputy chair, and
A document purporting to be duly executed under the seal of the Authority or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
The Authority may regulate its own procedure.
The validity of any proceedings of the Authority is not affected by a vacancy amongst its members or by a defect in the appointment of a member.
Section 37(1)
Section 37(2)
Short title and chapter Extent of repeal Health Services and Public Health Act 1968 (c. 46) In section 63(5B), the “and” at the end of paragraph (bb). National Health Service Act 1977 (c. 49) In section 17B(1), the words from “which” to the end. Section 18(1A)(b). In section 22(1A), the “or” at the end of paragraph (c). In section 28A(1), the “and” at the end of paragraph (a). In section 29B(3), the “or” at the end of paragraph (b). In section 33(1A)(b), “for areas in Wales”. In section 44(2), “with the approval of the Health Authority”. In section 51(3), the “and” at the end of paragraph (bb). Section 97(6)(bb) and (c) and (8). In section 103(3)(a), “or a Primary Care Trust”. In section 125, the “and” at the end of paragraph (bb). In section 126(4A), the “or” at the end of paragraph (b). In Schedule 12A, in paragraph 4(2) the “or” at the end of paragraph (a); in paragraph 5(1) the “and” at the end of paragraph (a); in paragraph 5(2) the “or” at the end of paragraph (a); and in paragraph 7(3) “or Primary Care Trust”. Acquisition of Land Act 1981 (c. 67) In section 16(3), the “and” at the end of paragraph (b). Health Service Commissioners Act 1993 (c. 46) In section 2, in subsection (1)(da), “established for areas in England”; and in subsection (2)(a), “whose areas are in Wales”. Government of Wales Act 1998 (c. 38) In Schedule 5, in paragraph 20, “for an area in, or consisting of, Wales”. In Schedule 17, in paragraph 12, “for an area in, or consisting of, Wales”. Health Act 1999 (c. 8) In section 6(2), in the inserted section 28EE of the 1977 Act, subsection (1). In section 20(1), the “and” at the end of paragraph (d). In section 23(6), the definition of “NHS premises”. In Schedule 2, in paragraph 7(2), the words after “Commission”; and paragraph 7(6) and (7). Health and Social Care Act 2001 (c. 15) In section 28(7), “or a Primary Care Trust”. In Schedule 3, in the new Schedule 8A inserted by that Schedule, in paragraph 1(8), “or a Primary Care Trust”. National Health Service Reform and Health Care Professions Act 2002 (c. 17) In Schedule 2, in paragraph 2, sub-paragraphs (3) to (5); and paragraph 55.
Short title and chapter Extent of repeal Medical Act 1983 (c. 54) Section 40(1)(c), (4) to (6), (9) and (10). In Schedule 4, in paragraph 3(b) “to Her Majesty in Council”; paragraph 10(2); in paragraph 10(3) “or (2)”, and “or that sub-paragraph as applied by sub-paragraph (2) above”. In Schedule 6, in paragraph 18, “section 40(4) of this Act or”. Dentists Act 1984 (c. 24) Section 29(2). In section 51, the words from “(other” to “appeals)”. Osteopaths Act 1993 (c. 21) Section 10 (10). Section 31(3) to (5) and (7). Section 35(3). Chiropractors Act 1994 (c. 17) Section 10(10). Section 31(3) to (5) and (7). Section 35(3).
Short title and chapter Extent of repeal National Health Service Act 1977 (c. 49) In section 97D(1)(b), “, apart from subsection (5A)”. National Health Service and Community Care Act 1990 (c. 19) In section 12(4), the words after paragraph (b). Local Government (Wales) Act 1994 (c. 19) In Schedule 10, paragraph 11(4). Health Authorities Act 1995 (c. 17) Section 1. In Schedule 1, paragraphs 32(b), 53 and 107(12)(b). National Health Service (Primary Care) Act 1997 (c. 46) In Schedule 2, paragraphs 71(3), 73 and 75. Government of Wales Act 1998 (c. 38) Section 148. Health Act 1999 (c. 8) In Schedule 4, paragraphs 5, 31(2) and 35. Health and Social Care Act 2001 (c. 15) Section 1(4) and (5). Section 3(3) and (4). Section 43(5). In Schedule 5, paragraph 5(12)(b).
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The Secretary of State may make regulations requiring— to allow members of a Patients' Forum authorised by or under the regulations to enter and inspect, for the purposes of any of the Forum’s functions, premises owned or controlled by those referred to in paragraphs (a) to (h).
Strategic Health Authorities,
Primary Care Trusts,
Health Authorities,
Local Health Boards,
local authorities,
NHS trusts,
persons providing services under Part 2 of the 1977 Act or under arrangements under section 28C of that Act, or
persons providing piloted services under pilot schemes established under section 28 of the Health and Social Care Act 2001 (c. 15) , or providing LP Services under an LPS scheme established under Schedule 8A to the 1977 Act,
The Secretary of State may also make regulations requiring any other person who owns or controls premises where services are provided as mentioned in subsection (1)(g) or (h) to allow members of a Patients' Forum authorised by or under the regulations to enter and inspect the premises for the purposes of any of the Forum’s functions.
The regulations may in particular make provision as to—
cases and circumstances in which access is to be permitted,
limitations or conditions to which access is to be subject.
In subsection (1), “local authorities” has the same meaning as in section 31 of the 1999 Act (arrangements between NHS bodies and local authorities).
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Every Patients' Forum must—
prepare a report in relation to its activities in each financial year, and
as soon as possible after the end of each financial year, send a copy of its report for that year to the trust for which it is established, and to the persons mentioned in subsection (2).
Those persons are—
the Secretary of State,
the Commission for Patient and Public Involvement in Health,
each Strategic Health Authority whose area includes—
any part of the area of the Primary Care Trust for which the Forum is established, or
all or most of the hospitals, establishments and facilities of the NHS trust for which the Forum is established,
any relevant overview and scrutiny committee within the meaning given by section 15.
A report under this section relating to any year must include details of the arrangements maintained by the Forum in that year for obtaining the views of patients.
In this section, “financial year”, in relation to a Patients' Forum, means—
the period beginning with the date on which the Forum is established and ending with the next 31st March, and
each successive period of 12 months ending with 31st March.
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the appointment of members,
any qualification or disqualification for membership,
terms of appointment,
circumstances in which a person is to cease to be a member or may be suspended,
the proceedings of Patients' Forums,
the discharge of any function of a Patients' Forum by a committee of the Forum or by a joint committee appointed with another Forum,
the appointment, as members of a committee or joint committee, of persons who are not members of the Forum or Forums concerned,
the funding of Patients' Forums and the provision of premises, other facilities and staff,
the payment of travelling and other allowances to members of a Patients' Forum or of a committee of a Forum or a joint committee of two or more Forums (including attendance allowances or compensation for loss of remunerative time),
the preparation by a Patients' Forum of annual accounts, and their inclusion in accounts of the Commission for Patient and Public Involvement in Health,
the provision of information (including descriptions of information which are or are not to be provided) to a Patients' Forum by an NHS trust, a Primary Care Trust, a Strategic Health Authority, the Commission for Patient and Public Involvement in Health or a person providing independent advocacy services (within the meaning given by section 19A of the 1977 Act),
the provision of information by a Patients' Forum to another person (including another Forum),
the referral of matters by a Patients' Forum to a relevant overview and scrutiny committee (within the meaning given by section 15),
the preparation and publication of reports by Patients' Forums (including the publication of reports under section 18),
matters to be included in any such report,
the furnishing and publication by NHS trusts, Primary Care Trusts and Strategic Health Authorities of comments on reports or recommendations of Patients' Forums.
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at least one person who is a member or representative of a voluntary organisation whose purpose, or one of whose purposes, is to represent the interests of—
persons for whom services are being provided under the 1977 Act, or
persons who provide care for such persons, but who are not employed to do so by any body in the exercise of its functions under any enactment, and
at least one person for whom services are being or have been provided by the trust for which the Patients' Forum is established.
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at least one member of the Patients' Forum established for each NHS trust all or most of whose hospitals, establishments and facilities are situated in the area of the Primary Care Trust, and
if it appears to the Commission for Patient and Public Involvement in Health that there is a body which represents members of the public in the Primary Care Trust’s area in matters relating to their health, at least one person who is a member or representative of that body (or, if there is more than one such body, of any of those bodies).
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There shall be a body corporate to be known as the Commission for Patient and Public Involvement in Health (“the Commission”) to exercise the functions set out in subsections (2) to (5) (in addition to its function of appointing members of Patients' Forums).
The Commission has the following functions—
advising the Secretary of State, and such bodies as may be prescribed, about arrangements for public involvement in, and consultation on, matters relating to the health service in England,
advising the Secretary of State, and such bodies as may be prescribed, about arrangements for the provision in England of independent advocacy services,
representing to the Secretary of State and such bodies as may be prescribed, and advising him and them on, the views, as respects the arrangements referred to in paragraphs (a) and (b), of Patients' Forums and those voluntary organisations and other bodies appearing to the Commission to represent the interests of patients of the health service in England and their carers,
providing staff to Patients' Forums established for Primary Care Trusts, and advice and assistance to Patients' Forums and facilitating the co-ordination of their activities,
advising and assisting providers of independent advocacy services in England,
setting quality standards relating to any aspect of — monitoring how successfully they meet those standards, and making recommendations to them about how to improve their performance against those standards,
the way Patients' Forums exercise their functions, and
the services provided by independent advocacy services in England,
such other functions in relation to England as may be prescribed.
It is also the function of the Commission to promote the involvement of members of the public in England in consultations or processes leading (or potentially leading) to decisions by those mentioned in subsection (4), or the formulation of policies by them, which would or might affect (whether directly or not) the health of those members of the public.
The decisions in question are those made by—
health service bodies,
other public bodies, and
others providing services to the public or a section of the public.
It is also the function of the Commission—
to review the annual reports of Patients' Forums made under section 18, and
to make, to the Secretary of State or to such other persons or bodies as the Commission thinks fit, such reports or recommendations as the Commission thinks fit concerning any matters arising from those annual reports.
If the Commission— the Commission must report the matter to whichever person or body it considers most appropriate (or, if it considers it appropriate to do so, to more than one person or body).
becomes aware in the course of exercising its functions of any matter connected with the health service in England which in its opinion gives rise to concerns about the safety or welfare of patients, and
is not satisfied that the matter is being dealt with, or about the way it is being dealt with,
Bodies to whom the Commission might report a matter include—
the regulatory body for the profession of a person working in the health service,
the Commission for Health Improvement.
The Commission may make such charges as it thinks fit for the provision of advice and other services (but this is subject to any prescribed limitation).
The Secretary of State may by regulations make further provision in relation to the Commission.
The regulations may, in particular, make provision as to the provision of information (including descriptions of information which are or are not to be provided) to the Commission by a Strategic Health Authority, a Special Health Authority, an NHS trust, a Primary Care Trust, a Patients' Forum or a provider of independent advocacy services.
Schedule 6 (which makes further provision about the Commission) is to have effect.
In this section—
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The Authority is to consist of—
a chair appointed by the Privy Council,
one non-executive member appointed by the Scottish Ministers,
one non-executive member appointed by the Welsh Ministers,
one non-executive member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland,
three non-executive members appointed by the Privy Council, and
one executive member appointed in accordance with paragraph 11.
The Authority may pay to its chair, and to any other member of the Authority, such remuneration and allowances as the Authority may determine. The Authority may pay to any member of a committee or sub-committee of the Authority such allowances as the Authority may determine. The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in respect of a person who is or has been the chair or any other member of the Authority. The Authority may, where it considers there are special circumstances that make it right for a person ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may determine.
The Authority may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case. Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
The Authority must prepare a report on the exercise of its functions during each financial year. The report must state— The Authority must, by such date in each year as the Privy Council determines, publish— As soon as possible after the end of each financial year, the Authority must lay a copy of its report for that year , and a copy of each of its strategic plans published in that year, before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly. The Authority must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information. The Authority must also comply with any corresponding request by—
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“the health service” has the same meaning as in the 1977 Act, except that it includes services provided in pursuance of section 31 arrangements in relation to the exercise of health-related functions of a local authority,
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“prescribed” means prescribed by regulations made by the Secretary of State,
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for “Health Authority and” there is substituted “Strategic Health Authority and Health Authority, to each”, and
after “which that” there is inserted “Strategic Health Authority,”.
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The National Assembly for Wales has as respects Wales the same power under that paragraph as it would have if no such body had been established.
The Secretary of State may by order make provision—
as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,
as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.
The following fall within this subsection—
the Secretary of State,
a Strategic Health Authority ,
a Special Health Authority,
an NHS trust,
a Primary Care Trust.
Before exercising the power conferred by subsection (5)(b) the Secretary of State must consult the National Assembly for Wales.
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the references to Health Authorities in section 20 of and Schedule 7 to the 1977 Act are to be construed (until this section comes into force) as including references to Strategic Health Authorities, and
the references in this section to Health Authorities established for areas in England are to have effect as references to Strategic Health Authorities.
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In exercising their respective functions, NHS bodies (on the one hand) and the prison service (on the other) shall co-operate with one another with a view to improving the way in which those functions are exercised in relation to securing and maintaining the health of prisoners.
The appropriate authority may by regulations make provision for or in connection with enabling prescribed NHS bodies (on the one hand) and the prison service (on the other) to enter into prescribed arrangements in relation to the exercise of— if the arrangements are likely to lead to an improvement in the way in which those functions are exercised in relation to securing and maintaining the health of prisoners.
prescribed functions of the NHS bodies, and
prescribed health-related functions of the prison service,
The arrangements which may be prescribed include arrangements—
for or in connection with the establishment and maintenance of a fund—
which is made up of contributions by one or more NHS bodies and by the prison service, and
out of which payments may be made towards expenditure incurred in the exercise of both prescribed functions of the NHS body or bodies and prescribed health-related functions of the prison service,
for or in connection with the exercise by an NHS body on behalf of the prison service of prescribed health-related functions of the prison service in conjunction with the exercise by the NHS body of prescribed functions of theirs,
for or in connection with the exercise by the prison service on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the prison service of prescribed health-related functions of the prison service,
as to the provision of staff, goods, services or accommodation in connection with any arrangements mentioned in paragraph (a), (b) or (c),
as to the making of payments by the prison service to an NHS body in connection with any arrangements mentioned in paragraph (b),
as to the making of payments by an NHS body to the prison service in connection with any arrangements mentioned in paragraph (c).
Any arrangements made by virtue of this section do not affect the liability of NHS bodies, or of the prison service, for the exercise of any of their functions.
In this section—
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In section 23 of the Opticians Act 1989 (appeals in disciplinary and other cases), in subsection (2), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.
The Health Authorities Act 1995 is amended as follows.
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Section 1 (which substituted section 8 of the 1977 Act) is omitted.
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In Schedule 1 (amendments), paragraphs 32(b), 53 and 107(12)(b) are omitted.
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in subsection (2), before paragraph (a) there is inserted—, and
after subsection (3) there is inserted—
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in subsection (1), after “duty of” there is inserted “every Strategic Health Authority,”, and
in subsection (3)(b), before “Health Authority” there is inserted “Strategic Health Authority,”.
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in subsection (4), after “section 16BB, 18” (substituted by section 6(3) of this Act), there is inserted “or 19A(7)”, and
in subsection (4A), for “directions given in accordance with section 18 above as” there is substituted “the directions”.
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It is the duty of — jointly to formulate and implement a strategy for the health and well-being of members of the public in the local authority’s area (a “health and well-being strategy”).
each local authority in Wales, and
each Local Health Board any part of whose area lies within the area of the local authority,
The local authority and the Local Health Board (or Boards) responsible for a health and well-being strategy are referred to below as the “responsible bodies”.
The responsible bodies are to have regard to their strategy in the exercise of their functions.
Each strategy is to be formulated in relation to a period of time to be specified in regulations to be made by the National Assembly for Wales.
The National Assembly for Wales may by regulations make further provision about health and well-being strategies.
The regulations may, in particular, make provision as to—
the imposition of a duty on the responsible bodies to co-operate in formulating their strategy with prescribed persons or descriptions of person (including, for example, NHS trusts, Community Health Councils, voluntary bodies, and local businesses),
steps which the responsible bodies must take before formulating the strategy,
matters which the strategy must address,
publication of the strategy,
monitoring and review by the responsible bodies of the strategy and its implementation,
the production of information and reports by the responsible bodies in relation to the strategy,
the avoidance of duplication in the preparation of health and well-being strategies and other prescribed strategies or plans provided for under any other enactment.
The National Assembly for Wales may—
give directions to local authorities in Wales, Local Health Boards and NHS trusts in connection with health and well-being strategies,
issue guidance to responsible bodies in connection with them.
The power to give directions in subsection (7)(a) is without prejudice to any other power to give directions to the bodies mentioned there.
In this section— and references to NHS trusts are to be construed as references to NHS trusts all or most of whose hospitals, establishments and facilities are situated in Wales.
“local authority” means county council or county borough council,
“prescribed” means prescribed in regulations made by the National Assembly for Wales,
There shall be a body corporate known as the Professional Standards Authority for Health and Social Care (in this group of sections referred to as “the Authority”).
The general functions of the Authority are—
to promote the interests of users of health care, users of social care in England, users of social work services in England and other members of the public in relation to the performance of their functions by the bodies mentioned in subsection (3) (in this group of sections referred to as “regulatory bodies”), and by their committees and officers,
to promote best practice in the performance of those functions,
to formulate principles relating to good professional self-regulation, and to encourage regulatory bodies to conform to them, and
to promote co-operation between regulatory bodies; and between them, or any of them, and other bodies performing corresponding functions.
The bodies referred to in subsection (2)(a) are—
the General Medical Council,
the General Dental Council,
the General Optical Council,
the General Osteopathic Council,
the General Chiropractic Council,
the General Pharmaceutical Council,
subject to section 26(6), the Pharmaceutical Society of Northern Ireland,
the Nursing and Midwifery Council,
the United Kingdom Central Council for Nursing, Midwifery and Health Visiting, and each of the National Boards for Nursing, Midwifery and Health Visiting, and
the Council for Professions Supplementary to Medicine and each Board established by or by virtue of the Professions Supplementary to Medicine Act 1960 (c. 66),
any regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act as the successor to a body mentioned in paragraph (h), and
the Health and Care Professions Council,
any other regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act.
Social Work England and,
The over-arching objective of the Authority in exercising its functions under subsection (2)(b) to (d) is the protection of the public.
Schedule 7 (which makes further provision about the Authority) is to have effect.
The pursuit by the Authority of its over-arching objective involves the pursuit of the following objectives—
to protect, promote and maintain the health, safety and well-being of the public;
to promote and maintain public confidence in the professions regulated by the regulatory bodies;
to promote and maintain proper professional standards and conduct for members of those professions;
to promote and maintain proper standards in relation to the carrying on of retail pharmacy businesses at registered pharmacies (as defined in article 3(1) of the Pharmacy Order 2010 (S.I. 2010/231)); and
to promote and maintain proper standards and conduct for business registrants (as defined in section 36(1) of the Opticians Act 1989).
“This group of sections” means this section and sections 25A to 29, and includes Schedule 7.
In this group of sections, references to regulation, in relation to a profession, are to be construed in accordance with paragraph 11(2) ... of Schedule 3 to the 1999 Act.
A reference in an enactment to a body mentioned in subsection (3) is not (unless there is express provision to the contrary) to be read as including—
a reference to Social Work England, or
a reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to social care workers in England.
For the purposes of subsection (3A)—
Except as mentioned in subsections (3) to (6), the Authority may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.
The Authority may, for example, do any of the following—
investigate, and report on, the performance by each regulatory body of its functions,
where a regulatory body performs functions corresponding to those of another body (including another regulatory body), investigate and report on how the performance of such functions by the bodies in question compares,
recommend to a regulatory body changes to the way in which it performs any of its functions.
The Authority may not do anything in relation to the case of any individual in relation to whom—
there are, are to be, or have been proceedings before a committee of a regulatory body, or the regulatory body itself or any officer of the body, or
an allegation has been made to the regulatory body, or one of its committees or officers, which could result in such proceedings.
A reference in subsection (2) to a regulatory body includes a reference to a person other than a regulatory body who has voluntary registration functions; and for that purpose, the only functions that person has are the person's voluntary registration functions.
Subsection (3) does not prevent the Authority from—
taking action under section 28,
where section 29 applies, taking action under that section after the regulatory body's proceedings have ended, ...
investigating particular cases with a view to making general reports on the performance by the regulatory body of its functions or making general recommendations to the regulatory body affecting future cases , or
requesting that the General Medical Council exercises the power conferred by article 15(1) of the Anaesthesia Associates and Physician Associates Order 2024 so as to revise a decision of a case examiner to take any step under article 10(3) of that Order other than a decision to refer a matter on to a Panel.
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conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy Act 1954 (c. 61), other than section 17 (the benevolent fund),
conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act, or
otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy Act 1954.
A reference in subsection (3) to a regulatory body includes a reference to a person other than a regulatory body in so far as that person has voluntary registration functions.
The Authority may not do anything in relation to the functions of the Pharmaceutical Society of Northern Ireland (or its Council, or an officer or committee of the Society) unless those functions are—
conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)), other than Article 3(3)(e) (the benevolent functions),
conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act or an order under section 56 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (which makes provision corresponding to section 60 of the 1999 Act), or
otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.
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For the purposes of paragraph (c) of subsection (4), the reference in that subsection to subsection (3) includes a reference to subsection (3) as construed in accordance with subsection (3A).
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In section 60(1) of the 1999 Act (regulation of health care and associated professions), after paragraph (b) there is inserted—
An Order may not confer any additional powers of direction over the Council for the Regulation of Health Care Professionals.
In subsections (3) and (4), “proceedings”, in relation to a regulatory body, or one of its committees or officers, includes a process of decision-making by which a decision could be made affecting the registration of the individual in question.
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In this section, “voluntary registration functions” is to be construed in accordance with section 25I.
The Privy Council must by regulations require each regulatory body , other than Social Work England, to pay the Authority periodic fees of such amount as the Privy Council determines in respect of such of the Authority's functions in relation to that body as are specified in the regulations.
A reference in this section to the Authority's functions does not include a reference to its functions under sections 25G to 25I and 26A.
The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations.
Before determining the amount of a fee under the regulations, the Privy Council must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations.
The Authority must—
comply with a request under subsection (4), but
before doing so, consult the regulatory bodies.
Having received a proposal under subsection (5), the Privy Council may consult the regulatory bodies.
Having taken into account such representations as it receives from consultees, the Privy Council must—
make a proposal as to the amount of funding that it considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and
determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body would be required to pay.
The Privy Council must—
consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and
consult each regulatory body about the determination under subsection (7)(b) of the amount it would be required to pay.
Having taken into account such representations as it receives from consultees, the Privy Council must—
determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and
determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body is to be required to pay.
Regulations under this section requiring payment of a fee may make provision—
requiring the fee to be paid within such period as is specified;
requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);
for the recovery of unpaid fees or interest.
The regulations may enable the Privy Council to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or a regulatory body or on its own initiative.
Before making regulations under this section, the Privy Council must consult—
the Authority,
the regulatory bodies, and
such other persons as it considers appropriate.
Each regulatory body must in the exercise of its functions co-operate with the Authority.
If the Authority considers that it would be desirable to do so for the protection of members of the public, it may give directions requiring a regulatory body other than Social Work England to make rules (under any power the body has to do so) to achieve an effect which must be specified in the directions.
The Authority may give such directions only in relation to rules which must be approved by the Privy Council (whether by order or not) or by the Department of Health, Social Services and Public Safety in Northern Ireland before coming into force.
The Authority must send a copy of any such directions to the relevant authority.
The relevant authority is the Privy Council or, if the regulatory body in question is the Pharmaceutical Society of Northern Ireland, the Department of Health, Social Services and Public Safety there.
The directions do not come into force until the date specified in an order made by the relevant authority.
The Privy Council must lay before both Houses of Parliament, or (as the case may be) the Department of Health, Social Services and Public Safety must lay before the Northern Ireland Assembly, a draft of an order—
setting out any directions ... it receives pursuant to subsection (4), and
specifying the date on which the directions are to come into force.
Subsections (4) to (7) apply also to—
directions varying earlier directions, and
directions revoking earlier directions, and given after—
both Houses of Parliament have resolved to approve the draft order specifying the date on which the earlier directions are to come into force, or (as the case may be)
the Northern Ireland Assembly has done so.
Subsections (4) and (5) apply also to directions— but subsections (6) and (7) do not apply to such directions.
revoking earlier directions, but
which do not fall within subsection (8)(b),
If the Authority gives directions which fall within subsection (9), the earlier directions which those directions revoke shall be treated as if subsections (6) and (7) had never applied to them, and as never in force.
A regulatory body must comply with directions given under subsection (2) which have come into force and have not been revoked.
A regulatory body is not to be taken to have failed to comply with such directions merely because a court determines that the rules made pursuant to the directions are to be construed in such a way that the effect referred to in subsection (2) is not achieved.
The Privy Council shall make provision in regulations as to the procedure to be followed in relation to the giving of directions under subsection (2).
The regulations must, in particular, make provision requiring the Authority to consult a regulatory body before giving directions relating to it under subsection (2).
In this section—
“making” rules includes amending or revoking rules, and
“rules” includes regulations, byelaws and schemes.
The Secretary of State must by regulations require Social Work England to pay the Authority periodic fees of such amount as the Secretary of State determines in respect of such of the Authority's functions in relation to Social Work England as are specified in the regulations.
A reference in this section to the Authority's functions does not include a reference to its functions under section 26A.
The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations.
Before determining the amount of a fee under the regulations, the Secretary of State must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations.
The Authority must—
comply with a request under subsection (4), but
before doing so, consult Social Work England.
Having received a proposal under subsection (5), the Secretary of State may consult Social Work England.
Having taken into account any representations from Social Work England, the Secretary of State must—
make a proposal as to the amount of funding that the Secretary of State considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and
determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England would be required to pay.
The Secretary of State must—
consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and
consult Social Work England about the determination under subsection (7)(b) of the amount it would be required to pay.
Having taken into account such representations as it receives from consultees, the Secretary of State must—
determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and
determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England is to be required to pay.
Regulations under this section requiring payment of a fee may make provision—
requiring the fee to be paid within such period as is specified;
requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);
for the recovery of unpaid fees or interest.
The regulations may enable the Secretary of State to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or Social Work England or on the Secretary of State's own initiative.
Before making regulations under this section, the Secretary of State must consult—
the Authority,
Social Work England, and
such other persons as the Secretary of State considers appropriate.
The Privy Council may make provision in regulations about the investigation by the Authority of complaints made to it about the way in which a regulatory body other than Social Work England has exercised any of its functions.
The regulations may, in particular, make provision as to—
who (or what description of person) is entitled to complain,
the nature of complaints which the Authority must (or need not) investigate,
matters which are excluded from investigation,
requirements to be complied with by a person who makes a complaint,
the procedure to be followed by the Authority in investigating complaints,
the making of recommendations or reports by the Authority following investigations,
the confidentiality, or disclosure, of any information supplied to the Authority or acquired by it in connection with an investigation,
the use which the Authority may make of any such information,
the making of payments to any persons in connection with investigations,
privilege in relation to any matter published by the Authority in the exercise of its functions under the regulations.
The regulations may also make provision—
empowering the Authority to require persons to attend before it,
empowering the Authority to require persons to give evidence or produce documents to it,
about the admissibility of evidence,
enabling the Authority to administer oaths.
No person shall be required by or by virtue of regulations under this section to give any evidence or produce any document or other material to the Authority which he could not be compelled to give or produce in civil proceedings before the High Court or, in Scotland, the Court of Session.
The Authority may, for the purpose of assisting the Authority in its performance of its functions under this group of sections, provide advice or provide auditing services to—
a regulatory body;
a body which has functions (whether or not relating to health or social care) corresponding to those of a regulatory body.
A body to which the Authority provides advice or auditing services under this section must pay such fee as the Authority may determine.
In this section, “this group of sections” has the meaning given by section 25(5) but does not include section 26A.
This section applies to—
a direction of the Fitness to Practise Committee of the General Pharmaceutical Council under article 54 of the Pharmacy Order 2010 (consideration by the Fitness to Practise Committee) or under section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register),
a direction of the Statutory Committee of the Pharmaceutical Society of Northern Ireland under Article 20 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968,
a direction by a Medical Practitioners Tribunal of the General Medical Council under section 35D of the Medical Act 1983 (c. 54) that the fitness to practise of a medical practitioner was impaired ...,
a direction by the Committee on Professional Performance of the General Medical Council under section 36A of that Act (professional performance),
a direction by a Medical Practitioners Tribunal of the General Medical Council under paragraph 5A(3D) or 5C(4) of Schedule 4 to the Medical Act 1983 for suspension of a person’s registration or for conditional registration,
a direction by the Professional Conduct Committee, the Professional Performance Committee or the Health Committee of the General Dental Council under any of sections 27B, 27C, 36P or 36Q of the Dentists Act 1984 following a determination that a person’s fitness to practise as a dentist or as a member of a profession complementary to dentistry, or class of members of such a profession, is impaired ...,
a direction by the Fitness to Practise Committee of the General Optical Council under section 13F(2) of the Opticians Act 1989 (powers of Fitness to Practise Committee) ...;
any step taken—
by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or
by the Health Committee of the General Osteopathic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),
any step taken—
by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or
by the Health Committee of the General Chiropractic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee),
any corresponding measure taken in relation to a nurse or midwife under the Nursing and Midwifery Order 2001,
any step taken under article 10(5) or 13(1) of the Anaesthesia Associates and Physician Associates Order 2024 by a panel constituted under that Order,
any corresponding measure taken in relation to a member of a profession regulated by the Health Professions Order 2001, under that Order.
any step taken by the General Medical Council under article 14(2) or (3) of the Anaesthesia Associates and Physician Associates Order 2024,
any revision by the General Medical Council under article 15(1) of the Anaesthesia Associates and Physician Associates Order 2024 where the decision revised is a decision under article 10(5) of that Order,
This section also applies to—
a final decision of the relevant committee not to take any disciplinary measure under the provision referred to in whichever of paragraphs (a) to (h) of subsection (1) applies,
any corresponding decision taken in relation to a nurse or midwife under the Nursing and Midwifery Order 2001, or to any such person as is mentioned in subsection (1)(j) and
a decision of the relevant regulatory body, or one of its committees , panels or officers, to restore a person to the register following his removal from it in accordance with any of the measures referred to in paragraphs (a) to (j) of subsection (1).
The things to which this section applies are referred to below as “relevant decisions”.
This section also applies to any steps or decisions which are taken by Social Work England (or any of its committees or officers) in connection with fitness to practise or discipline and which are of a description specified in regulations made by the Secretary of State.
Where a relevant decision is made, the Authority may refer the case to the relevant court if it considers that the decision is not sufficient (whether as to a finding or a penalty or both) for the protection of the public.
a relevant decision falling within subsection (1) has been unduly lenient, whether as to any finding of professional misconduct or fitness to practise on the part of the practitioner concerned (or lack of such a finding), or as to any penalty imposed, or both, or
a relevant decision falling within subsection (2) should not have been made,
In subsection (4) (subject to subsection (5A)), the “relevant court” —
in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Scotland, means the Court of Session,
in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Northern Ireland, means the High Court of Justice in Northern Ireland, and
in the case of any other person, means the High Court of Justice in England and Wales.
The Authority may not so refer a case after the end of the period of —
40 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision , or
in the case of a relevant decision against which it is not possible for the practitioner concerned to appeal, 56 days beginning with the day on which notification of the decision was served on the person to whom the decision relates.
Consideration of whether a decision is sufficient for the protection of the public involves consideration of whether it is sufficient—
to protect the health, safety and well-being of the public;
to maintain public confidence in the profession concerned; and
to maintain proper professional standards and conduct for members of that profession.
If the Authority does so refer a case—
the case is to be treated by the court to which it has been referred as an appeal by the Authority against the relevant decision (even though the Authority was not a party to the proceedings resulting in the relevant decision), and
the body which made the relevant decision (as well as the person to whom the decision relates) is to be a respondent.
The court may— and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.
dismiss the appeal,
allow the appeal and quash the relevant decision,
substitute for the relevant decision any other decision which could have been made by the committee or other person concerned, or
remit the case to the committee or other person concerned to dispose of the case in accordance with the directions of the court or, in the case of a relevant decision within subsection (1)(c) or (ca) or a relevant decision within subsection (2)(a) or (c) not to take a disciplinary measure under a provision referred to in subsection (1)(c) or (ca), remit the case to the Medical Practitioners Tribunal Service for them to arrange for a Medical Practitioners Tribunal so to dispose of the case,
In relation to something that is a relevant decision as a result of subsection (2A), “the relevant court” means the High Court of Justice in England and Wales.
In a case where the relevant decision is taken by a committee, the reference in subsection (7)(b) to the body which made the decision is to be read as a reference to the body of which it is a committee.
In a case where the relevant decision is taken by a panel constituted under the Anaesthesia Associates and Physician Associates Order 2024, the reference in subsection (7)(b) to the body which made the decision is to be read as a reference to the General Medical Council.
Where rules under paragraph 1 of Schedule 4 to the Medical Act 1983 provide, by virtue of paragraph 1(2E) of that Schedule, for the application of section 35D of that Act, the reference in subsection (1)(c) of this section to section 35D of that Act includes a reference to that section as so applied.
The reference in subsection (1)(ca) to paragraph 5A(3D) of the Medical Act 1983 includes a reference to that provision as applied by section 35A(6E) of that Act.
The Privy Council and a regulatory body may make arrangements for the regulatory body or other persons to assist the Privy Council in connection with its exercise of any of its appointment functions in relation to the regulatory body.
The Privy Council and the Authority may make arrangements for the Authority to assist the Privy Council in connection with—
its exercise of any of its appointment functions in relation to a regulatory body;
its exercise of its function under paragraph 4 of Schedule 7.
The Privy Council may make arrangements with any other person to assist it in connection with—
its exercise of any of its appointment functions in relation to a regulatory body;
its exercise of its function under paragraph 4 of Schedule 7.
The Scottish Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.
The Welsh Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.
The Department of Health, Social Services and Public Safety in Northern Ireland may make arrangements for the Authority to assist the Department in connection with its exercise of its function under that paragraph.
In this section, “regulatory body” does not include the Pharmaceutical Society of Northern Ireland or Social Work England.
In this section, “appointment functions” means—
in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office),
in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
in relation to the General Chiropractic Council, the function under paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 (S.I. 2010/231) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 (S.I. 2002/253) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and
in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to the Health Professions Order 2001 (S.I. 2002/254) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council).
A reference to assisting in connection with the exercise of a function does not include a reference to exercising the function.
A regulatory body other than Social Work England may establish and maintain a voluntary register of persons who are (and, where the body thinks appropriate, persons who have been)—
unregulated health professionals;
unregulated health care workers;
unregulated social care workers in England;
participating in studies that come within subsection (2) or (3).
Studies come within this subsection if they are studies for the purpose of becoming a member of—
a profession to which section 60(2) of the Health Act 1999 applies ...
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Studies come within this subsection if they are studies for the purpose of becoming—
an unregulated health professional,
an unregulated health care worker, or
an unregulated social care worker in England.
A regulatory body may establish and maintain a register under subsection (1)(a), (b) or (c) of only such persons as are (or have been) engaged in work that supports, or otherwise relates to, work engaged in by members of a profession which the body regulates; but this subsection does not apply to the Health and Care Professions Council.
A regulatory body may establish and maintain a register under subsection (1)(d) of only such persons as are (or have been) participating in studies for the purpose of—
in the case of studies coming within subsection (2), becoming a member of a profession which the body regulates,
in the case of studies coming within subsection (3)(a), becoming a member of a profession for which the body maintains a voluntary register, or
in the case of studies coming within subsection (3)(b) or (c), engaging in work in respect of which the body maintains a voluntary register.
The General Pharmaceutical Council may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work or participating in studies in England, Wales or Scotland.
The Pharmaceutical Society of Northern Ireland may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work, or are participating in studies, in Northern Ireland.
A regulatory body may establish and maintain a register under subsection (1) jointly with one or more other regulatory bodies.
Where regulatory bodies establish and maintain a register in reliance on subsection (8)—
subsections (4) and (5) apply to each body (but subsection (4) does not apply to the Health and Care Professions Council),
subsection (6) applies to the General Pharmaceutical Council if it is one of the bodies, and
subsection (7) applies to the Pharmaceutical Society of Northern Ireland if it is one of the bodies.
But subsections (6) and (7) do not apply where the bodies concerned are or include the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland.
Accordingly, in those circumstances, the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland may jointly establish and maintain a register of persons who are (and, where they consider appropriate, have been) engaged in work or participating in studies anywhere in the United Kingdom.
A request to be registered, or to continue to be registered, in a register established under subsection (1) must be accompanied by a fee of such amount as the regulatory body (or bodies) concerned may determine.
This section applies for the purposes of section 25D.
“Voluntary register” means a register of persons in which a person is not required by an enactment to be registered in order to be entitled to—
use a title,
practise as a member of a profession,
engage in work that involves the provision of health care,
engage in work of a description given in section 60(2ZC) of the Health Act 1999 (social care work in England), or
participate in studies that come within section 25D(2) or (3).
Where an enactment imposes a requirement of that kind which applies to part only of the United Kingdom, a register is to be regarded as a voluntary register in so far as it applies to any part of the United Kingdom to which the requirement does not apply.
The reference in subsection (2) to an enactment does not include a reference to an enactment in so far as it imposes a requirement of that kind which applies—
only to work or practice of a particular kind, and
only when work or practice of that kind is engaged in for particular purposes.
In subsections (2) to (4), “enactment” means an enactment contained in, or in an instrument made under—
an Act of Parliament,
an Act of the Scottish Parliament,
an Act or Measure of the National Assembly for Wales, or
Northern Ireland legislation.
“Unregulated health professional” means a member of a profession—
which is concerned with the physical or mental health of individuals, but
to which section 60(2) of the Health Act 1999 does not apply.
“Unregulated health care worker” means a person engaged in work which—
involves the provision of health care, but
is not work which may be engaged in only by members of a profession.
In subsections (2) and (7), “health care” includes—
all forms of health care for individuals, whether relating to physical or mental health, and
procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
“Unregulated social care worker in England” means a person engaged in social care work in England within the meaning of section 60 of the Health Act 1999.
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Before establishing a register under section 25D, a regulatory body—
must make an assessment of the likely impact of doing so, and
must consult such persons as it considers appropriate.
In performing the duty under subsection (1)(a), the body must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate.
An assessment under this section must, in particular, include an assessment of the likely impact of establishing the register on—
persons who would be eligible for inclusion in the register;
persons who employ persons who would be eligible for inclusion in the register;
users of health care and users of social care in England.
A regulatory body must publish any assessment it makes under this section.
In deciding whether to establish a register under section 25D, a regulatory body must have regard to the assessment it made under this section in relation to the register.
Where a regulatory body or other person maintains a voluntary register, the Authority may, on an application by the body or other person, take such steps as it considers appropriate for the purpose of establishing whether the register meets such criteria as the Authority may from time to time set (“accreditation criteria”).
Accreditation criteria may, in particular, relate to—
the provision to the Authority of information in connection with the establishment, operation or maintenance of register;
publication of the names of persons included in the register or who have been removed from the register (whether voluntarily or otherwise);
the establishment or operation of a procedure for appeals from decisions relating to inclusion in or removal from the register.
If the Authority is satisfied that a voluntary register meets the accreditation criteria, it may accredit the register.
The Authority may carry out periodic reviews of the operation of registers accredited under this section for the purpose of establishing whether they continue to meet the accreditation criteria.
If, on a review under subsection (4), the Authority is satisfied that a voluntary register no longer meets the accreditation criteria, the Authority may remove or suspend, or impose conditions on, the accreditation of the register.
The Authority may refuse to accredit a register, or to continue to accredit a register, unless the person who maintains the register pays a fee of such amount as the Authority may determine.
The Authority must publish such accreditation criteria as it sets.
The Authority may publish a list of registers accredited under this section.
“Voluntary register” has the meaning given in section 25E.
In this section “regulatory body” does not include Social Work England.
Before accrediting a register under section 25G, the Authority—
must make an assessment of the likely impact of doing so, and
must consult such persons as it considers appropriate.
For that purpose, the Authority must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate.
An assessment under this section must, in particular, include an assessment of the likely impact of accrediting the register on—
persons who are, or are eligible to be, included in the register;
persons who employ persons who are, or are eligible to be, included in the register;
users of health care and users of social care in England.
For the purposes of subsection (3), the Authority may request the person who maintains the register to provide it with such information as it specifies; and if the person refuses to comply with the request, the Authority may refuse to accredit the register.
The Authority may publish any assessment it makes under this section.
In deciding whether to accredit a register under section 25G, the Authority must have regard to its assessment under this section in relation to the register.
The Authority has the following functions—
to promote the interests of users of health care, users of social care in England ... and other members of the public in relation to the performance of voluntary registration functions,
to promote best practice in the performance of voluntary registration functions, and
to formulate principles of good governance in the performance of voluntary registration functions and to encourage persons who maintain or operate accredited voluntary registers to conform to those principles.
In this section—
a reference to the performance of voluntary registration functions is a reference to the maintenance or operation of an accredited voluntary register, and
“accredited voluntary register” means a register accredited under section 25G”.
The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the Authority for advice on any matter connected with a profession appearing to the person making the request to be a health care profession; and the Authority must comply with such a request.
The Secretary of State may request the Authority for advice on any matter connected with the social work profession, or social care workers, in England; and the Authority must comply with such a request.
The Secretary of State may request the Authority for advice on any matter connected with accreditation of registers under section 25G; and the Authority must comply with such a request.
The Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the Authority for advice on any matter connected with accreditation of registers under section 25G other than accreditation of registers referred to in subsection (1D); and the Authority must comply with such a request.
The registers are registers of persons who are or have been—
unregulated social care workers in England,
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participating in studies for the purpose of becoming an unregulated social care worker in England.
In subsection (1D), “unregulated social care worker in England” has the meaning given in section 25E.
The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may require the Authority to investigate and report on a particular matter in respect of which the Authority's functions are exercisable.
A person to whom the Authority gives advice, or for whom it investigates and reports on a matter, under this section must pay such fee as the Authority determines; and the fee may be charged by reference to the advice or the investigation and report concerned or on a periodic basis.
In this section— “health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals; and “the relevant Northern Ireland department” means the Department of Health, Social Services and Public Safety in Northern Ireland Public Safety in Northern Ireland.
For the purpose of ensuring that members of the public are informed about the Authority and the exercise by it of its functions, the Authority must publish or provide in such manner as it thinks fit information about the Authority and the exercise of its functions.
The references in subsection (1) to the Authority's functions do not include a reference to its accreditation functions.
For the purpose of ensuring that members of the public are informed about the exercise by the Authority of its accreditation functions, the Authority may publish or provide in such manner as it thinks fit information about the exercise of those functions.
For the purposes of this section, the Authority's accreditation functions are—
its functions under sections 25G to 25I,
its functions under section 26 that relate to the performance of voluntary registration functions (within the meaning given by section 25I), and
its function under section 26A(1B).
Nothing in subsection (1) or (1B) authorises or requires the publication or provision of information if the publication or provision of that information—
is prohibited by any enactment, or
would constitute or be punishable as a contempt of court.
In subsection (2) “enactment” has the same meaning as in Part 2 of the Health and Social Care Act 2008.
The Authority must from time to time seek the views of— on matters relevant to the exercise by it of its functions (other than its accreditation functions).
members of the public, and
bodies which appear to the Authority to represent the interests of users of health care, users of social care in England or users of social work services in England,
If the Authority makes a reference under section 29 of a case involving a relevant decision such as is mentioned in subsection (8)(d) of that section—
the Authority must without delay give the General Medical Council notice of the reference; and
the General Medical Council may not bring an appeal under section 40A of the Medical Act 1983 against the decision.
Where the General Medical Council is the respondent in the case of a reference under section 29, the matters which it may raise on the reference include any matter that it could have raised on an appeal against the relevant decision under section 40A of the Medical Act 1983.
If the General Medical Council is the respondent in the case of a reference under section 29, and the Authority either wishes to withdraw the reference or, having agreed the terms of a settlement of the case with the person to whom the relevant decision relates, wishes the case to be disposed of on those terms, the Authority must give notice of its wish to the Council.
The General Medical Council, having received a notice under subsection (3), must by notice inform the relevant court, the Authority and the person concerned whether it wishes the proceedings on the reference to continue.
Where the General Medical Council gives notice under subsection (4) that it wishes the proceedings to continue, they are to continue but, from the time when the Council gives its notice to the relevant court under subsection (4), are to be treated as proceedings on an appeal made by the Council under section 40A of the Medical Act 1983.
In a case within subsection (5), the General Medical Council must give notice to the relevant court, the Authority and the person concerned specifying the grounds of its case; and—
the person concerned has the opportunity to respond accordingly, and
the Authority has the opportunity to become a party to the appeal by virtue of section 40B(2) of the Medical Act 1983.
A requirement in this section to give a notice to a specified person is in addition to such requirements as are imposed by rules of court in relation to the persons to whom notice is to be given; and the giving of notice under this section is subject to such other requirements relating to the giving of notices as are imposed by rules of court.
In this section, “relevant court” and “relevant decision” each have the same meaning as in section 29.
The Medical Act 1983 (c. 54) is amended as follows.
In section 40 (appeals)—
in subsection (1), paragraph (c) is omitted,
after subsection (1), there is inserted—,
for subsection (3) there is substituted—,
subsections (4) to (6), (9) and (10) are omitted, and
for subsections (7) and (8) there is substituted—
In Schedule 4 (proceedings before Professional Conduct, Health and Preliminary Proceedings Committees)—
in paragraph 3(b), the words “to Her Majesty in Council” are omitted and for “the Judicial Committee” there is substituted “ the court (or the sheriff) ”,
in paragraph 10(1)—
for “section 37 of this Act and” there is substituted “ section 37 of this Act, ”,
after “or 37 of this Act”, there is inserted “ and a direction for erasure given by the General Council under section 39 of this Act ”, and
in paragraph (a), for the words “mentioned in subsection (3) of that section” there is substituted “ specified in that section ”,
paragraph 10(2) is omitted, and
in paragraph 10(3)—
“or (2)” is omitted,
“or that sub-paragraph as applied by sub-paragraph (2) above” is omitted,
for “mentioned in section 40(3)” there is substituted “ specified in section 40 ”, and
for “mentioned in the said section 40(3)” there is substituted “ specified in section 40 of this Act ”.
The Dentists Act 1984 (c. 24) is amended as follows.
In section 29 (appeals)—
in subsection (1), for the words from “to Her” to the end there is substituted “ against that determination or direction to the relevant court. ”,
after subsection (1) there is inserted—,
subsection (2) is omitted, and
for subsection (3) there is substituted—
In section 44 (withdrawal of privilege from body corporate)—
in subsection (4)—
after “days” there is inserted “ from service ”, and
for the words from “in accordance” to “Majesty in Council” there is substituted “ appeal to the relevant court ”, and
after subsection (4) there is inserted—
In section 51, the words from “(other” to “appeals)” are omitted.
In section 34A (professional training and development requirements), in subsection (7)(b), for “to Her Majesty in Council” there is substituted “ under section 29 above to the relevant court ”.
Subsection (5) has effect—
upon the coming into force of this section, if that happens after the coming into force of article 8 of the Dentists Act 1984 (Amendment) Order 2001 (S.I. 2001/3926) (“the Dentists Order”) so far as that article effects the insertion into the Dentists Act 1984 (c. 24) of the new section 34A(7)(b),
otherwise, immediately after the coming into force to that extent of that article.
If this section comes into force before article 10(3) of the Dentists Order—
paragraphs (b), (c) and (d) of article 10(3) of that Order are revoked upon the coming into force of this section, and
until the coming into force of the remainder of article 10(3) of that Order, section 29 of the Dentists Act 1984 (c. 24) (as amended by this section) is to be read with the modifications set out in subsection (8).
The modifications are that section 29 is to be read as if—
in each of paragraphs (a) and (b) of subsection (1A), the words “(or if he were registered would be)” were omitted,
in paragraph (c) of subsection (3), the words “(in the case of an appeal against a determination under section 27 above or a direction under section 28 above)” were omitted, and
in paragraph (d) of subsection (3)—
for the words “, the Health Committee or the Continuing Professional Development Committee” there were substituted “ or the Health Committee ”, and
the words “or Schedule 3A to this Act” were omitted.
Section 23 of the Opticians Act 1989 (c. 44) (appeals in disciplinary and other cases) is amended as follows.
For subsection (1) there is substituted—
In subsection (2), for “any such appeal”, where it first appears, there is substituted “ any appeal under this section ”.
The Osteopaths Act 1993 (c. 21) is amended as follows.
In section 10 (fraud or error in relation to registration)—
in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”,
for subsection (8) there is substituted—,
subsection (10) is omitted, and
for subsection (11) there is substituted—
In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (6) and (8), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.
In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.
In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—
In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—
in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ”,
after subsection (1) there is inserted—,
subsections (3) to (5) and (7) are omitted, and
for subsection (8) there is substituted—
In section 35 (rules), subsection (3) is omitted.
The Chiropractors Act 1994 (c. 17) is amended as follows.
In section 10 (fraud or error in relation to registration)—
in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ”,
for subsection (8) there is substituted—,
subsection (10) is omitted, and
for subsection (11) there is substituted—
In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (7) and (9), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.
In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ”.
In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—
In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)—
in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ”,
after subsection (1) there is inserted—,
subsections (3) to (5) and (7) are omitted, and
for subsection (8) there is substituted—
In section 35 (rules), subsection (3) is omitted.
But (subject to paragraph 12) an order may not amend the Medicines Act 1968 except in connection with the regulation of the profession regulated by the Pharmacy Act 1954.
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The Secretary of State may by order make such amendments of the legislation relating to the health service in England and Wales as in his opinion facilitate, or are otherwise desirable in connection with, the consolidation of the whole or greater part of that legislation.
An order under this section shall not come into force unless— is passed consolidating the whole or greater part of the legislation relating to the health service in England and Wales (with or without other legislation relating to any of the health services).
a single Act, or
a group of two or more Acts,
If such an Act or group of Acts is passed, the order shall (by virtue of this subsection) come into force immediately before the Act or group of Acts comes into force.
Once an order under this section has come into force, no further order may be made under this section.
In this section—
Section 63 of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc) is amended as follows. In subsection (1)(a), for “or Primary Care Trust” there is substituted “ , Primary Care Trust or Local Health Board ”. In subsection (5A), for “or Primary Care Trust”, in both places, there is substituted “ , Primary Care Trust or Local Health Board ”. In subsection (5B), the “and” at the end of paragraph (bb) is omitted, and after that paragraph there is inserted—.
In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in subsection (1), after paragraph (f) there is inserted—.
In section 41 of the Value Added Tax Act 1994 (application to Crown), in subsection (7), after “Primary Care Trust” there is inserted “ and a Local Health Board ”.
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In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 39 there is inserted—
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of any member of the Commission, or
of any other person who has been authorised by the Commission (whether generally or specially) for that purpose.
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The minor and consequential amendments specified in Schedule 8 are to have effect.
The enactments specified in Schedule 9 are repealed to the extent specified.
Any power under this Act to make any order or regulations is (except in the case of orders under section 22(5)) exercisable by statutory instrument or, in the case of an order made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27, 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 any order or regulations made by the Secretary of State under this Act, other than regulations under 29(2A) or ... an order under section ... ... 42(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing regulations under section 28 or 29(2A) ... or an order of the Privy Council under section 27, shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
No order shall be made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27 unless a draft of the order has been laid before, and approved by resolution of, the Northern Ireland Assembly.
A statutory instrument containing regulations made by the Privy Council under section 25A shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any power under this Act to make any order or regulations may be exercised—
either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case,
so as to make, as respects the cases in relation to which it is exercised—
the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,
any such provision either unconditionally or subject to any specified condition.
Regulations made by the Privy Council under section 25A that include provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the regulations being subject to annulment under subsection (3A)).
Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.
Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) shall apply in relation to regulations of the description given in subsection (3B) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.
Any such power includes power—
to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the authority making the order or regulations considers to be expedient, and
to provide for a person to exercise a discretion in dealing with any matter.
Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing regulations of the description given in subsection (3B) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.
Subsections (5) to (7) do not apply to orders under section 27.
A statutory instrument containing regulations made by the Privy Council under section 27 is subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to subsection (8), nothing in this Act shall be read as affecting the generality of subsection (7).
A statutory instrument containing regulations made by the Privy Council under paragraph 6 of Schedule 7 is subject to annulment in pursuance of a resolution of either House of Parliament.
Directions given in pursuance of any provision of this Act are, except where otherwise stated, to be given by instrument in writing.
Any power sconferred by this Act to give directions by instrument in writing includes power to vary or revoke them by subsequent directions.
The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of Schedule 7 is two; and anything done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an instrument signed by the Clerk of the Council.
The Secretary of State may by regulations make— as he considers necessary or expedient for the purposes of, or in consequence of or for giving full effect to any provision of this Act.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document, including an enactment contained in an Act passed in the same session as this Act.
The power to make regulations under this section is also exercisable by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly.
Nothing in this Act shall be read as affecting the generality of subsection (1).
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act is (as from the time when the Act is so amended) to be treated as referring to the Act as so amended.
Subsection (1) does not affect the power to make further Orders varying or omitting any such reference.
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State in consequence of this Act, and
any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.
This Act may be cited as the National Health Service Reform and Health Care Professions Act 2002.
In this Act—
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In section 29 of the Dentists Act 1984 (appeals), in subsection (4), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”.
In Schedule 10 to the Local Government (Wales) Act 1994 (amendments relating to social services), paragraph 11(4) is omitted.
“the 1999 Act” means the Health Act 1999 (c. 8),
This Act, apart from— shall come into force on such day as the appropriate authority may by order appoint, and different days may be appointed for different provisions and for different purposes.
this section and sections 38 to 41, and
any other provision of this Act so far as it confers any power to make an order or regulations under this Act,
In subsection (3), the “appropriate authority” is—
in relation to sections 1 to 5, 7, 8, 15 to 22, Part 2, and section 36, the Secretary of State,
in relation to sections 11 to 14, the Secretary of State after consulting the National Assembly for Wales,
in relation to sections 6, 9 and 24, the National Assembly for Wales,
in relation to sections 10 and 23—
the Secretary of State, in relation to England, and
the National Assembly for Wales, in relation to Wales,
in relation to section 37—
the Secretary of State, as respects any amendment or repeal consequential on provisions falling within paragraph (a),
the Secretary of State, after consulting the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (b),
the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (c),
otherwise, the Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales.
Subject to subsection (6), this Act extends to the whole of the United Kingdom, except for Part 1, which extends to England and Wales only.
The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.
Subsection (6) does not apply to the amendment of the Police Act 1997 (c. 50) made by paragraph 64 of Schedule 2, which extends to England and Wales only.
The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.