Health Act 1999

66Devolution

(1)For the purposes of the [1998 c. 46.] Scotland Act 1998, any provision of this Act which extends to Scotland is to be taken to be a pre-commencement enactment within the meaning of that Act; but this subsection does not apply to section 22.

(2)The power of a Minister of the Crown under section 67 to appoint a day for any of the following provisions to come into force in relation to Wales—

(a)sections 1 to 8 and 10 to 18 and Schedule 1,

(b)sections 26 to 32,

(c)section 65(1) and Schedule 4, so far as concerns the following provisions of that Schedule: paragraphs 1 to 16, 23 to 26, 27(a), 28 to 35, 37, 38 (except sub-paragraph (2)(b) and (d)), 39, 40, 71, 72, 74, 75, 76(b), 77 to 80, 81 (except sub-paragraph (2)(b)), 83, 84, 85 (except sub-paragraph (2)(a)) and 87 to 90,

is exercisable instead by the National Assembly for Wales.

(3)In Schedule 5 to the [1998 c. 38.] Government of Wales Act 1998 (bodies and offices covered by section 74), after paragraph 12 there is inserted—

“12AThe Commission for Health Improvement.”

(4)The National Assembly for Wales (Transfer of Functions) Order 1999 is amended as follows; and those amendments are to have effect as if made by an Order in Council under section 22 of the [S.I. 1999/672.] Government of Wales Act 1998 (transfer of Ministerial functions).

(5)In Schedule 1—

(a)in the entry for the 1977 Act, after paragraph (c) there is inserted—

“(cc)section 43C;

(ccc)sections 46 to 49E”,

(b)at the end of the entry for the 1990 Act, there is inserted—

“The references above to paragraph 1 of Schedule 3 are references to that paragraph before the amendments made by section 17 of the [1999 c. 8.] Health Act 1999.

The Treasury consent requirement under paragraph 8 of that Schedule (inserted by Schedule 4 to the Health Act 1999), so far as relating to the matters referred to in paragraph (b) of that paragraph, shall continue in effect.”,

(c)after the entry for the [1998 c. 39.] National Minimum Wage Act 1998 there is inserted— “In the Health Act 1999—

(a)Part I and Schedule 4, except sections 20(1), 22 and 33 to 38 and Schedule 2 (other than paragraph 2);

(b)section 63, so far as it relates to any of the provisions which, by virtue of section 66(2), may be brought into force by the Assembly”.

(6)In Schedule 2, after the entry for the [1998 c. 18.] Audit Commission Act 1998, there is inserted—

“Health Act 1999 (c. 8)

The functions of the Secretary of State under section 20(1) shall be exercisable only with the agreement of the Assembly.

The functions of the Secretary of State under paragraphs 4 to 7 of Schedule 2 shall be exercisable only after consultation with the Assembly.”