National Health Service Act 1977

1977 c. 49

An Act to consolidate certain provisions relating to the health service for England and Wales; and to repeal certain enactments relating to the health service which have ceased to have any effect.

Annotations:
Extent Information
E1

For the extent of this Act see s. 130

Modifications etc. (not altering text)
C5

Act: definition of "health authority" restricted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 2(6)

C8

Act extended by S.I. 1991/1236, art. 2 which revoked S.I. 1991/577 on 23.5.1991

C9

Act modified (1.4.1992) by S.I. 1992/635, reg. 25(16).

Act applied (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1968 c. 46, s. 63(8A) (as inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 95(2) (with Sch. 2 para. 6))

Act extended (15.8.1997) by 1997 c. 46, s. 9(1); S.I. 1997/1780, art. 2(1), Sch.

Act modified (15.8.1997) by 1997 c. 46, s. 9(2); S.I. 1997/1780, art. 2(1), Sch.

Act: power to restrict conferred (1.4.1998) by 1997 c. 46, s. 13(9), Sch. 1 para. 4(1)(b)(i)(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1

Act (with specified exceptions): transfer of functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 (as amended (30.6.1999) by 1999 c. 8, ss. 66(4)(5), 67(4))

Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 61(1)(2); S.I. 2000/779, art. 2(1)

Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(4), Sch. 3 para. 11(2)(a)(c)(d)(3); S.I. 2000/779, art. 2(1)

Act construed with 1997 c. 46, Pt. I (E.W.) (21.3.1997) by 1997 c. 46, s. 40(1)(a)

Act: amended (8.2.2000) by S.I. 2000/89, reg. 12(1)

Act: restricted (1.4.2000) by S.I. 2000/695, reg. 3(6)

C10

By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 act, to youth courts shall be construed as references to juvenile courts.

C11

Act: modified as to exercise of functions of a Health Authority (E.) (1.4.2001) by S.I. 2001/747, regs. 5(1), 6(3)(a)(b)

C12

Act applied in part (8.3.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, s. 36(1)(1A), 70(2) (with ss. 64(9), 65(4)) (as s. 36 is amended (1.10.2002) by 2002 c. 17, s. 4(2); S.I. 2002/2478, art. 3(1)(a)); S.I. 2002/1095, art. 2(4); S.I. 2002/1475, art. 2(1), Sch. Pt. I

C13

Act applied (with modifications) (8.3.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, s. 36(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(4); S.I. 2002/1475, art. 2(1), Sch. Pt. I

Part I Services and Administration

Functions of the Secretary of State

1 Secretary of State’s duty as to health service.

1

It is the Secretary of State’s duty to continue the promotion in England and Wales of a comprehensive health service designed to secure improvement—

a

in the physical and mental health of the people of those countries, and

b

in the prevention, diagnosis and treatment of illness,

and for that purpose to provide or secure the effective provision of services in accordance with this Act.

2

The services so provided shall be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.

C14C152 Secretary of State’s general power as to services.

Without prejudice to the Secretary of State’s powers apart from this section, he has power—

a

to provide such services as he considers appropriate for the purpose of discharging any duty imposed on him by this Act; and

b

to do any other thing whatsoever which is calculated to facilitate, or is conducive or incidental to, the discharge of such a duty.

This section is subject to section 3(3) below.

3 Services generally.

C16C171

It is the Secretary of State’s duty to provide throughout England and Wales, to such extent as he considers necessary to meet all reasonable requirements—

a

hospital accommodation;

b

other accommodation for the purpose of any service provided under this Act;

c

medical, dental, nursing and ambulance services;

d

such other facilities for the care of expectant and nursing mothers and young children as he considers are appropriate as part of the health service;

e

such facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered from illness as he considers are appropriate as part of the health service;

f

such other services as are required for the diagnosis and treatment of illness.

2

Where any hospital provided by the Secretary of State in accordance with this Act was a voluntary hospital transferred by virtue of the M1National Health Service Act 1946, and—

a

the character and associations of that hospital before its transfer were such as to link it with a particular religious denomination, then

b

regard shall be had in the general administration of the hospital to the preservation of that character and those associations.

3

Nothing in section 2 above or in this section affects the provisions of Part II of this Act (which relates to arrangements with practitioners for the provision of medical, dental, ophthalmic and pharmaceutical services).

4 Special hospitals.

The duty imposed on the Secretary of State by section 1 above to provide services for the purposes of the health service includes a duty to provide and maintain establishments (in this Act referred to as ”special hospitals”) for persons subject to detention under F263the M50Mental Health Act 1983 who in his opinion require treatment under conditions of special security on account of their dangerous, violent or criminal propensities.

5 Other services.

C501

It is the Secretary of State’s duty—

a

to provide for the medical . . . F264 inspection at appropriate intervals of pupils in attendance at schools maintained by local education authorities F265or at grant–maintained schools and for the medical . . . F264 treatment of such pupils . . . F266;

b

to arrange, to such extent as he considers necessary to meet all reasonable requirements in England and Wales, for the giving of advice on contraception, the medical examination of persons seeking advice on contraception, the treatment of such persons and the supply of contraceptive substances and appliances.

F267C501A

It is also the Secretary of State’s duty to provide, to such extent as he considers necessary to meet all reasonable requirements—

a

for the dental inspection of pupils in attendance at schools maintained by local education authorities or at grant-maintained schools;

b

for the dental treatment of such pupils; and

c

for the education of such pupils in dental health.

C501B

Schedule 1 to this Act shall have effect.

2

The Secretary of State may—

a

provide invalid carriages for persons appearing to him to be suffering from severe physical defect or disability and, at the request of such a person, may provide for him a vehicle other than an invalid carriage (and the additional provisions set out in Schedule 2 to this Act have effect in relation to this paragraph);

b

arrange to provide accommodation and treatment outside Great Britain for persons suffering from respiratory tuberculosis;

c

provide a microbiological service, which may include the provision of laboratories, for the control of the spread of infectious diseases F268and carry on such other activities as in his opinion can conveniently be carried on in conjunction with that service;

d

conduct, or assist by grants or otherwise (without prejudice to the general powers and duties conferred on him under the M51Ministry of Health Act 1919) any person to conduct, research into any matters relating to the causation, prevention, diagnosis or treatment of illness, and into any such other matters connected with any service provided under this Act as he considers appropriate.

F2692A

Charges may be made for service or materials supplied by virtue of paragraph (c) of subsection (2) above; and the powers conferred by that paragraph may be exercised both for the purposes of the health service and for other purposes.

F270C512B

The Secretary of State’s functions may be performed outside England and Wales, in so far as they relate—

a

to holidays for patients;

b

to the transfer of patients to or from Scotland, Northern Ireland, the Isle of Man or the Channel Islands; or

c

to the return of patients who have received treatment in England and Wales to countries or territories outside the British Islands.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F271

4

The Public Health Laboratory Service Board continues in being for the purpose of exercising such functions with respect to the F272powers conferred by paragraph (c) of subsection (2) above as the Secretary of State may determine.

5

The Board shall continue to be constituted in accordance with Part I of Schedule 3 to this Act, and the additional provisions set out in Part II of that Schedule have effect in relation to the Board.

Central Health Services Council and Medical Practices Committee

6X1Central Health Services Council, and standing advisory committees.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

3

The Secretary of State may, . . . F2 by order constitute standing advisory committees for the purpose of advising him . . . F2 on such of the services provided under this Act as may be specified in the order F3and the provisions of Schedule 4 to this Act shall have effect in relation to such committees.

F44

Any committee so constituted shall consist of persons appointed by the Secretary of State after consultation with such representative organisations as he recognises for the purpose.

5

It shall be the duty of a committee so constituted to advise the Secretary of State and . . . F2—

a

upon such matters relating to the services with which the committee are concerned as they think fit, and

b

upon any questions referred to them by the Secretary of State . . . F2 relating to those services,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

7 Medical Practices Committee.

1

F273Subject to subsection (1A) below the Medical Practices Committee—

a

shall consist of a chairman and eight other members appointed by the Secretary of State after consultation with such organisations as he may recognise as representative of the medical profession; and

b

F274five of the members shall be medical practitioners, and F275four at least of those F275five shall be actively engaged in medical practice.

F2761A

The Secretary of State may by order make such modifications as he considers appropriate of paragraphs (a) and (b) of subsection (1) above.

2

The Secretary of State may—

a

make regulations as to the appointment, tenure of office and vacation of office of the members of the Committee; and

b

provide the services of such officers as the Committee may require.

3

The Committee’s proceedings shall not be invalidated by any vacancy in its membership or by any defect in a member’s appointment or qualification.

F2774

After consulting the Medical Practices Committee, the Secretary of State may give the Committee directions with respect to the exercise of its functions; and it shall be the duty of the Committee to comply with any such directions.

Local administration

8F278 Health Authorities.

1

It is the duty of the Secretary of State by order to establish, in accordance with Part I of Schedule 5 to this Act, authorities to be called Health Authorities.

2

Subject to subsection (4) below, a Health Authority shall act for such area of England or of Wales as is specified in the order establishing the authority.

3

A Health Authority shall be known by such name, in addition to the title ”Health Authority”, as—

a

appears to the Secretary of State appropriately to signify the connection of the Health Authority with the area for which the authority are to act; and

b

is specified in the order establishing the authority.

4

The Secretary of State may by order—

a

vary a Health Authority’s area;

b

abolish a Health Authority; or

c

establish a new Health Authority.

5

The Secretary of State shall act under this section so as to secure—

a

that the areas for which Health Authorities are at any time acting together comprise the whole of England and Wales; but

b

that no area for which a Health Authority act extends both into England and into Wales.

6

The power to make incidental or supplemental provision conferred by section 126(4) below includes in particular, in its application to orders made under this section, power to make provision for the transfer of staff, property, rights and liabilities.

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

10F279 Family Practitioner Committees.

1

It is the duty of the Secretary of State by order to establish, in accordance with Part II of F280Schedule 1 to the National Health Service and Community Care Act 1990, authorities to be called Family Practitioner Committees.

2

Family Practitioner Committees shall be known by such names, in addition to that title, as the order may specify.

3

When the Secretary of State makes an order under subsection (1) above establishing a Family Practitioner Committee, he shall also (either in the same or another instrument) make an order in relation to that Committee specifying a locality for which the Committee is to act.

4

The Secretary of State may by order—

a

vary a Committee’s locality;

b

abolish a Committee;

c

establish a new one.

5

The Secretary of State shall so exercise his powers under subsections (3) and (4) above as to secure—

a

that the localities for which Family Practitioner Committees are at any time acting together comprise the whole of England and Wales; but

b

that none of them extends both into England and into Wales.

6

Without prejudice to the generality of section 126(4) below, the power to make incidental or supplemental provision conferred by that subsection includes, in its application to orders under this section, power to make provision for the transfer of staff, property, rights and liabilities.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F281

11F282Special Health Authorities.

1

If the Secretary of State considers that a special body should be established for the purpose of performing any functions which he may direct the body to perform on his behalf, or on behalf of an . . . F283 . . . F283F284a Health Authority, he may by order establish a body for that purpose.

2

The Secretary of State may, subject to the provisions of Part III of Schedule 5 to this Act, make such further provision relating to that body as he thinks fit.

3

A body established in pursuance of this section shall (without prejudice to the power conferred by subsection (4) below allocate a particular name to the body) be called a F285Special Health Authorities.

4

Without prejudice to the generality of the power conferred by this section to make an order (or of section 126(4) below), that order may in particular contain provisions as to—

a

the membership of the body established by the order;

b

the transfer to the body of officers, property, rights and liabilities; and

c

the name by which the body is to be known.

5

It is the Secretary of State’s duty before he makes such an order to consult with respect to the order such bodies as he may recognise as representing officers who in his opinion are likely to be transferred or affected by transfers in pursuance of the order.

12 Supplementary provisions for ss. 8 F286and 11.

F2871

Every Health Authority shall make arrangements for securing that they receive from—

a

medical practitioners, registered nurses and registered midwives; and

b

other persons with professional expertise in and experience of health care,

advice appropriate for enabling the Health Authority effectively to exercise the functions conferred or imposed on them under or by virtue of this or any other Act.

F2882

The provisions of Part III of Schedule 5 to this Act have effect, so far as applicable, in relation to—

F289a

Health Authorities established under section 8 above; and

b

any Special Health Authority established under section 11 above.

13 Secretary of State’s directions.

1

The Secretary of State may direct a F290Health Authority or Special Health Authority to exercise on his behalf such of his functions relating to the health service as are specified in the directions, and F291. . . it shall be the duty of the F292Health Authority or Special Health Authority to comply with the directions.

2

The Secretary of State’s functions under subsection (1) above—

a

include any of his functions under enactments relating to mental health and nursing homes, F293. . .

b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F614. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15F294Duty of Health Authority in relation to family health services.

1

It is the duty of F295each Health Authority, in accordance with regulations—

F296a

to administer the arrangements made in pursuance of this Act for the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services for their F297area;

C52b

to perform such F298management and other functions relating to those services as may be prescribed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F299

F300F3011A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1B

In relation to a medical practitioner, any reference in this Act or the National Health Service and Community Care Act 1990 to the relevant F302Health Authority shall be construed as follows,—

a

if he F303practises in partnership with other medical practitioners, the relevant F304Health Authorityis that F304Health Authorityon whose medical list the members of the practice are included and, if some are included on one F305Health Authority’s medical list and some on another’s or if any of the members is included in the medical lists of two or more F306Health Authorities, the relevant F304Health Authorityis that F304Health Authorityin whose F307area resides the largest number of individuals who are on the lists of patients of the members of the practice; and

b

in any other case, the relevant F304Health Authorityis that F304Health Authorityon whose medical list he is included and, if there is more than one, that one of them in whose F307area resides the largest number of individuals who are on his list of patients.

F3081C

In relation to the operation of a fund-holding practice by medical practitioners the relevant Health Authority in respect of one or more of whom would (apart from this subsection) be different from that in respect of the other or others, the relevant Health Authority for each of them shall be determined for the purposes of the application of any provision relating to fund-holding practices as if they were all practising in a single partnership.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F309

16F310 Exercise of functions.

1

Regulations may provide for functions exercisable by a Health Authority under or by virtue of this Act or the M52National Health Service and Community Care Act 1990, or under or by virtue of any prescribed provision of any other Act, to be exercisable—

a

on behalf of the Health Authority—

i

by another Health Authority;

ii

by a committee or sub-committee, or an officer, of the Health Authority or another Health Authority;

iii

by a joint committee, or joint sub-committee, of the Health Authority and one or more other Health Authorities;

iv

by a Special Health Authority; or

v

by an officer of a Special Health Authority; or

b

by the Health Authority jointly with one or more other Health Authorities.

2

Regulations may provide for functions exercisable by a Special Health Authority by virtue of section 11 or 13 above to be exercisable—

a

on behalf of the Special Health Authority—

i

by another Special Health Authority;

ii

by a committee or sub-committee, or an officer, of the Special Health Authority or another Special Health Authority; or

iii

by a joint committee, or joint sub-committee, of the Special Health Authority and one or more other Special Health Authorities; or

b

by the Special Health Authority jointly with one or more other Special Health Authorities.

C1816AF7 Primary Care Trusts.

1

The Secretary of State may establish bodies to be known as Primary Care Trusts with a view, in particular, to their—

a

providing or arranging for the provision of services under this Part of this Act,

b

exercising functions in relation to the provision of general medical services under Part II of this Act, and

c

providing services in accordance with section 28C arrangements.

2

Each Primary Care Trust shall be established by an order made by him (referred to in this Act as a PCT order).

3

A Primary Care Trust shall be established for the area specified in its PCT order and shall exercise its functions in accordance with any prohibitions or restrictions in the order.

4

If any consultation requirements apply, they must be complied with before a PCT order is made.

5

In this section, ”consultation requirements” means requirements about consultation contained in regulations (and the regulations must impose requirements where a PCT order establishes a Primary Care Trust).

6

Schedule 5A to this Act (which makes further provision about Primary Care Trusts) shall have effect.

F816B Exercise of functions by Primary Care Trusts.

1

This section applies to functions which are exercisable by a Primary Care Trust under or by virtue of this Act (including this section), the M2National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.

2

Regulations may provide for any functions to which this section applies to be exercised—

a

by another Primary Care Trust,

b

by a Special Health Authority, or

c

jointly with any one or more of the following: Health Authorities, NHS trusts and other Primary Care Trusts.

3

Regulations may provide—

a

for any functions to which this section applies to be exercised, on behalf of the Primary Care Trust by whom they are exercisable, by a committee, sub-committee or officer of the trust,

b

for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

c

for any functions which, under this section, are exercisable by a Primary Care Trust jointly with one or more Health Authorities or other Primary Care Trusts (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.

16BAF10 Local Health Boards

1

The National Assembly for Wales may establish bodies to be known as Local Health Boards with a view, in particular, to their exercising—

a

functions of Health Authorities transferred or to be transferred to the Assembly by order under section 27 of the Government of Wales Act 1998 (reform of Welsh health authorities),

b

other functions of the Assembly relating to the health service.

2

Each Local Health Board shall be established by order made by the Assembly (referred to in this Act as an LHB order), and an order may establish more than one Local Health Board.

3

A Local Health Board shall be established for the area of Wales specified in its LHB order.

4

If any consultation requirements apply, they must be complied with before an LHB order is varied or revoked.

5

In this section, “consultation requirements” means requirements about consultation contained in regulations made by the Assembly.

6

Schedule 5B to this Act (which makes further provision about Local Health Boards) shall have effect.

16BB Local Health Boards: functions

1

The National Assembly for Wales may direct a Local Health Board to exercise in relation to its area any functions which—

a

were exercised by a Health Authority in relation to any part of the same area, and

b

have been transferred to the Assembly as mentioned in section 16BA(1) above.

2

The Assembly may also direct a Local Health Board to exercise in relation to its area such other functions of the Assembly relating to the health service as are specified in the directions.

3

The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes.

4

The Assembly may give directions to a Local Health Board about its exercise of any functions.

5

Directions under subsection (1) above must be given in regulations made by the Assembly; but other directions under this section and directions under section 16BC below may be given in such regulations or by instrument in writing.

16BC Exercise of functions by Local Health Boards

1

This section applies to functions which are exercisable by a Local Health Board under or by virtue of section 16BB above or this section.

2

The Assembly may give directions providing for any functions to which this section applies to be exercised—

a

by another Local Health Board;

b

by a Special Health Authority; or

c

jointly with any one or more of the following: Health Authorities, NHS trusts, Primary Care Trusts and other Local Health Boards.

3

Directions given by the Assembly may provide—

a

for any functions to which this section applies to be exercised, on behalf of the Local Health Board by whom they are exercisable, by a committee, sub-committee or officer of the Board,

b

for any functions which, under this section, are exercisable by a Special Health Authority to be exercised, on behalf of that authority, by a committee, sub-committee or officer of the authority,

c

for any functions which, under this section, are exercisable by a Local Health Board jointly with one or more Health Authorities or other Local Health Boards (but not with any NHS trusts) to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee.

16CF9 Advice for Health Authorities and Primary Care Trusts.

1

Every Health Authority shall make arrangements with a view to securing that they receive advice appropriate for enabling them effectively to exercise the functions exercisable by them from persons with professional expertise relating to the physical or mental health of individuals.

2

This section applies to Primary Care Trusts as it applies to Health Authorities.

F311 Directions as to distribution and exercise of functions

Annotations:
Amendments (Textual)
F311

Ss. 16D, 17, 17A, 17B and preceding cross-heading substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 17 by 1999 c. 8, s. 12(1); S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3); S.I. 1999/2342, art. 2(1)(3), Sch. 1, Sch. 2

16DF11 Secretary of State’s directions: distribution of functions.

1

The Secretary of State may direct a Health Authority or Special Health Authority to exercise any of his functions relating to the health service which are specified in the directions.

2

The Secretary of State may direct a Special Health Authority to exercise any functions of a Health Authority or a Primary Care Trust which are specified in the directions.

3

The functions which may be specified in directions under this section include functions under enactments relating to mental health and nursing homes.

C5317F312 Directions as to exercise of functions.

1

The Secretary of State may give directions with respect to the exercise—

a

by Health Authorities of any functions exercisable by them under or by virtue of this or any other Act; and

b

by Special Health Authorities of any functions exercisable by them by virtue of section 11 or 13 above or under the M53National Health Service and Community Care Act 1990.

2

It shall be the duty of a Health Authority or Special Health Authority to whom directions are given under subsection (1) above to comply with the directions.

C5417AF313 Health Authority’s directions: distribution of functions.

C551

A Health Authority may direct a Primary Care Trust whose area falls within their area to exercise any specified delegable functions.

2

A function is a delegable function for the purposes of this section if it is a function exercisable by the Health Authority which is not an excepted function.

3

In subsection (2) above ”excepted function” means a function under—

a

section 4 above;

b

section 15 above (except in so far as it relates to general medical services);

c

section 44 or 45(1C) to (4) below; or

d

any of the other provisions of Part II of this Act—

i

unless it is a function under section 51, 52 or 53; or

ii

in relation to the remaining provisions of Part II, except in so far as the function relates to general medical services,

or a function referred to in section 28EE(1)(a) to (d) below.

4

The Secretary of State may direct Health Authorities that specified delegable functions—

a

are to be exercisable, or exercisable to (or only to) any specified extent, by Primary Care Trusts; or

b

are not to be exercisable by Primary Care Trusts,

and that the power under subsection (1) above is to be exercised accordingly.

5

In this section ”specified” means specified in directions.

17BF12 Health Authority’s directions: exercise of functions.

1

A Health Authority may give directions to a Primary Care Trust about its exercise of any functions which the authority have directed the trust to exercise under section 17A above.

2

Directions under this section have effect subject to any directions given under section 17 above.

F13 Directions and regulations: general

Annotations:
Amendments (Textual)
F13

S. 18: cross-heading, sidenote and subsections (1)-(1B) substituted (1.9.1999 for specified purposes for E., 1.12.1999 for specified purposes for W., 4.1.2000 insofar as not already in force for E. and otherwise prosp.) for s. 18 down to the end of subsection (1) by 1999 c. 8, s. 12(3); S.I. 1999/2343, art. 2(1)(3), Schs. 1, 2; S.I. 1999/3184, art. 2(2), Sch. 2 (with art. 3)

18F314 Directions and regulations under ss. 11 to 17.

1

Any directions given by the Secretary of State in pursuance of sections F31511 to 17 above shall be given either by regulations or by an instrument in writing, except that—

a

any such directions in pursuance of section 13 above in respect of functions relating to special hospitals, and

b

any such directions in respect of functions conferred on the Secretary of State by section 20(1) or (2) below,

shall only be given by regulations.

F3162

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Directions given and regulations made under sections F31711 to 17 in respect of any function—

a

shall not, except in prescribed cases, preclude F318an authority or a person by whom the function is exercisable apart from the directions or regulations from exercising the function, and

b

may in the case of directions given by an instrument in writing be varied or revoked by subsequent directions given in pursuance of those sections and this section (without prejudice to the operation of F319section 14 of the M54Interpretation Act 1978 in the case of directions given by regulations),

F320. . .

F15 Primary Care Trusts: further functions

Annotations:
Amendments (Textual)
F15

S. 18A and preceding cross-heading inserted (4.1.2000 for specified purposes for E. and otherwiseprosp.) by 1999 c. 8, s. 5; S.I. 1999/2342, art. 2(3), Sch. 2

F1418A Provision of services etc.

1

A Primary Care Trust may provide services under an agreement made under section 28C below, and may do so as a member of a qualifying body (within the meaning of section 28D).

2

A Primary Care Trust may arrange for the provision by the trust to another health service body of goods or services (including accommodation) which are of the same description as those which, at the time of making the arrangement, the trust has power to provide in carrying out its other functions.

3

A Primary Care Trust may provide premises for the use of persons—

a

providing general medical, general dental, general ophthalmic or pharmaceutical services, or

b

performing personal medical or personal dental services under an agreement made under section 28C below,

on any terms it thinks fit.

4

A Primary Care Trust which manages any hospital may make accommodation or services available there for patients who give undertakings (or for whom undertakings are given) to pay any charges imposed by the trust in respect of the accommodation or services.

5

A Primary Care Trust has power to do anything specified in section 7(2) of M3the Health and Medicines Act 1988 (provision of goods, services etc.), other than make accommodation or services available for patients at any hospital it manages, for the purpose of making additional income available for improving the health service.

6

A Primary Care Trust may only exercise a power conferred by subsection (4) or (5) above—

a

to the extent that its exercise does not to any significant extent interfere with the performance by the trust of its functions or of its obligations under NHS contracts, and

b

in circumstances specified in directions under section 17 above, with the Secretary of State’s consent.

7

In this section ”hospital” means a health service hospital and includes any establishment or facility managed for the purposes of the health service.

F26Advisory committees for Wales andCommunity Health Councils

Annotations:
Amendments (Textual)
F26

Words in the cross-heading substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 10(e) (with Sch. 2 paras. 6, 16)

19F16Advisory committees for Wales.

1

Where the Secretary of State is satisfied that a committee formed for Wales, F17. . . is representative of persons of any of the following categories—

a

the medical practitioners, or

b

the dental practitioners, or

c

the nurses and midwives, or

d

the registered pharmacists, or

e

the ophthalmic and dispensing opticians,

of Wales F18. . ., then it shall be his duty to recognise the committee.

2

A committee recognised in pursuance of subsection (1) above shall be called—

a

the Welsh Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be;

F19b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The Secretary of State’s duty under F21subsection (1) above is subject to paragraph 1 of Schedule 6 to this Act, and that Schedule has effect in relation to a committee recognised in pursuance of this section.

19AF22 Independent advocacy services

1

It is the duty of the Secretary of State to arrange, to such extent as he considers necessary to meet all reasonable requirements, for the provision of independent advocacy services.

2

“Independent advocacy services” are services providing assistance (by way of representation or otherwise) to individuals making or intending to make—

a

a complaint under a procedure operated by a health service body or independent provider,

b

a complaint to the Health Service Commissioner for England or the Health Service Commissioner for Wales,

c

a complaint of a prescribed description which relates to the provision of services as part of the health service and—

i

is made under a procedure of a prescribed description, or

ii

gives rise, or may give rise, to proceedings of a prescribed description.

3

In subsection (2)—

  • “health service body” means a body which, under section 2(1) or (2) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales;

  • “independent provider” means a person who, under section 2B(1) or (2) of that Act, is subject to such investigation.

4

The Secretary of State may make such other arrangements as he thinks fit for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

5

In making arrangements under this section the Secretary of State must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is the subject of a relevant complaint or is involved in investigating or adjudicating on such a complaint.

6

The Secretary of State may make payments to any person in pursuance of arrangements under this section.

C1920 Community Health Councils.

1

It is the Secretary of State’s duty to establish in accordance with this F23section, in the case of the area of each Health Authority, a council for the area, or separate councils for such separate parts of the area as he thinks fit, and such a council shall be called a Community Health Council.

2

The Secretary of State—

a

may if he thinks fit discharge this duty by establishing a Community Health Council for a district which includes the areas or parts of the areas of two or more F24Health Authorities, but

b

shall be treated as not having discharged that duty unless he secures that there is no part of the area of F25a Health Authoritywhich is not included in some Community Health Council’s district.

3

The additional provisions of Schedule 7 to this Act have effect in relation to Community Health Councils.

Co-operation and assistance

C2021 Local social services authorities.

1

Subject to paragraphs (d) and (e) of section 3(1) above, the services described in Schedule 8 to this Act in relation to—

a

care of mothers F27. . .,

b

prevention, care and after-care,

c

home help and laundry facilities,

are functions exercisable by local social services authorities, and that Schedule has effect accordingly.

2

A local social services authority who provide premises, furniture or equipment for any of the purposes of this Act may permit the use of the premises, furniture or equipment—

a

by any other local social services authority, or

b

by any of the bodies constituted under this Act, or

c

by a local education authority.

This permission may be on such terms (including terms with respect to the services of any staff employed by the authority giving permission) as may be agreed.

3

A local social services authority may provide (or improve or furnish) residential accommodation—

a

for officers employed by them for the purposes of any of their functions as a local social services authority, or

b

for officers employed by a voluntary organisation for the purposes of any services provided under this section and Schedule 8.

22 Co-operation between health authorities and local authorities.

1

In exercising their respective functions F321Health Authorities and Special Health Authorities (on the one hand) and local authorities (on the other) shall co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales.

2

There shall be committees, to be called joint consultative committees, who shall F322adviseF323bodies represented on them on the performance of their duties under subsection (1) above, and on the planning and operation of services of common concern to those authorities. F324. . .

F3253

Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Health Authorities together with, in the case of each, one or more associated local authorities; and a Health Authority shall be represented together with each of the local authorities associated with that Health Authority in one or other of the committees (but not necessarily the same committee).

3ZA

For the purposes of subsection (3) above a local authority is associated with a Health Authority if it is a local authority whose area is wholly or partly within the area of the Health Authority.

F3263A

It is the Secretary of State’s duty by order to secure as respects each joint consultative committee that it includes additional members appointed in a manner specified in the order by voluntary organisations.

4

The Secretary of State shall have power by order to provide for any matter relating to joint consultative committees, and such an order may in particular—

a

provide for the way in which the provisions of subsections (2) and (3) above are to be carried out, or provide for varying the arrangements set out in those subsections;

b

provide, where it appears to the Secretary of State appropriate, for F327a Health Authority to be represented on a joint consultative committee together with a local authority none of whose area is within the area of the Health Authority;

c

afford a choice to any authorities as to the number of joint consultative committees on which they are to be represented, and provide for the case where the authorities cannot agree on the choice;

d

authorise or require a joint consultative committee to appoint any sub-committee or to join with another joint consultative committee or other joint consultative committees in appointing a joint sub-committee;

e

authorise or require the appointment to a joint consultative committee, or to any sub-committee, of persons who are F328neither—

i

members of the authorities represented by the joint consultative committee; nor

ii

appointed by virtue of an order under subsection (3A) above;

f

require the authorities represented on a joint consultative committee to defray the expenses of the committee, and of any sub-committee, in such shares as may be determined by or under the order, and provide for the way in which any dispute between those authorities concerning the expenses is to be resolved; and

g

require those authorities to make reports to the Secretary of State on the work of the joint consultative committee and of any sub-committee.

5

Before making an order under this section the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned, and with any local authority with whom consultation appears to him to be desirable.

F3296

Without prejudice to the generality of section 126(4) below, the power to make an order conferred by subsection (3A) above may be exercised so as to make different provision for England and Wales and different provision for different communities in either.

23 Voluntary organisations and other bodies.

1

The Secretary of State may, where he considers it appropriate, arrange with any person or body (including a voluntary organisation) for that person or body to provide, or assist in providing, any service under this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F330

2

The Secretary of State may make available—

a

to any person or body (including a voluntary organisation) carrying out any arrangements under subsection (1) above, or

b

to any voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968 (assistance made available by the Secretary of State or local authorities),

any facilities (including goods or materials, or the use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under this Act; and, where anything is so made available, the services of persons employed by the Secretary of State or by a F331Health Authority or Special Health Authority in connection with it.

3

The powers conferred by this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to the Secretary of State, and any goods or materials may be made available either temporarily or permanently.

4

The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so made available, F332the Vehicle Excise and Registration Act 1994 and F333Part VI of the Road Traffic Act 1988 shall have effect with such modifications as are specified in the order.

5

Any power to supply goods or materials conferred by this section includes a power to purchase and store them and includes a power to arrange with third parties for the supply of goods or materials by those third parties.

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Annotations:
Amendments (Textual)
F28

S. 24 repealed by Overseas Development and Co-operation Act 1980 (c. 63, SIF 88), s. 18, Sch. 2 Pt. I

25 Supplies not readily obtainable.

Where the Secretary of State has acquired—

a

supplies of human blood for the purposes of any service under this Act, or

b

any part of a human body for the purpose of, or in the course of providing, any such service, or

c

supplies of any other substances or preparations not readily obtainable,

he may arrange to make such supplies or that part available (on such terms, including terms as to charges, as he thinks fit) to any person.

This section is subject to section 62 below (restriction of powers under F29section 25).

26 Supply of goods and services by Secretary of State.

1

The Secretary of State may—

a

supply to local authorities, and to such public bodies or classes of public bodies as he may determine, any goods or materials of a kind used in the health service;

b

make available to local authorities, and to those bodies or classes of bodies, any facilities (including the use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under this act, and the services of persons employed by the Secretary of State or by a F334Health Authority or Special Health Authority;

c

carry out maintenance work in connection with any land or building for the maintenance of which a local authority is responsible.

In this subsection—

  • “maintenance work” includes minor renewals, minor improvements and minor extensions; and

  • “public bodies” includes public bodies in Northern Ireland.

2

The Secretary of State may supply or make available to persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services such goods, materials or other facilities as may be prescribed.

3

The Secretary of State shall make available to local authorities—

a

any services or other facilities (excluding the services of any person but including goods or materials, the use of any premises and the use of any vehicle, plant or apparatus) provided under this Act,

b

the services provided as part of the health service by any person employed by the Secretary of State or a F334Health Authority or Special Health Authority, and

c

the services of any medical practitioner, dental practitioner or nurse employed by the Secretary of State or a F334Health Authority or Special Health Authority otherwise than to provide services which are part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.

F3354

The Secretary of State may arrange to make available to local authorities the services of persons of the following descriptions, that is to say—

a

persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services, and

b

persons providing F336Health Authorities or Special Health Authorities with services of a kind provided as part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.

27 Conditions of supply under s. 26.

1

It is the Secretary of State’s duty, before he makes the services of any officer of a F337Health Authority or Special Health Authority available in pursuance of subsection (1)(b) or subsection (3)(b) or (c) of section 26 above, to consult the officer or a body recognised by the Secretary of State as representing the officer about the matter, or to satisfy himself that the F337Health Authority or Special Health Authority has consulted the officer about the matter.

2

The Secretary of State shall be entitled to disregard the provisions of subsection (1) above in a case where he considers it necessary to make the services of an officer available as mentioned in that subsection for the purpose of dealing temporarily with an emergency, and has previously consulted such a body about the making available of services in an emergency.

3

For the purposes of subsection (1)(b) or subsection (3)(b) or (c) of section 26 the Secretary of State may give such directions to F338Health Authorities and Special Health Authorities to make the services of their officers available as he considers appropriate; and it shall be the F339duty of Health Authorities and Special Health Authorities to comply with any such directions.

4

The powers conferred by this section and section 26 may be exercised on such terms as may be agreed, including terms as to the making of payments to the Secretary of State, and such charges may be made by the Secretary of State in respect of services or facilities provided under subsection (3) of section 26 as may be agreed between the Secretary of State and the local authority or, in default of agreement, as may be determined by arbitration.

5

The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of section 26 and is used in accordance with the terms on which it is so made available, F340the Vehicle Excise and Registration Act 1994 and F341Part VI of the M55Road Traffic Act 1988 shall have effect with such modifications as are specified in the order.

6

Any power to supply goods or materials conferred by section 26 includes a power to purchase and store them, and a power to arrange with third parties for the supply of goods or materials by those third parties.

28 Supply of goods and services by local authorities.

1

In the M56Local Authorities (Goods and Services) Act 1970 the expression “public body” includes any F342Health Authority and any Special Health Authority and so far as relates to his functions under this Act includes the Secretary of State.

2

The provisions of subsection (1) above have effect as if made by an order under section 1(5) of that Act of 1970, and accordingly may be varied or revoked by such an order.

3

Every local authority shall make available to F343Health Authorities, Special Health AuthoritiesF344and NHS trusts acting in the area of the local authority the services of persons employed by the local authority for the purposes of the local authority’s functions under the M57Local Authorities Social Services Act 1970 so far as is reasonably necessary and practicable to enable F343Health Authorities, Special Health AuthoritiesF344and NHS trusts to discharge their functions under this Act F345and the National Health Service and Community Care Act 1990.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F346

28AF347 Power to make payments towards expenditure on community services.

1

This section applies to the following F348authorities—

a

a Health Authority; and

b

a Special Health Authority established for a London Post-Graduate Teaching Hospital.

2

An authority to whom this section applies may, if they think fit, make payments—

a

to a local social services authority towards expenditure incurred or to be incurred by them in connection with any function which, by virtue of section 2(1) or (2) of the M58Local Authority Social Services Act 1970, is to be performed through their social services committee, other than functions under section 3 of the M59Disabled Persons (Employment) Act 1958;

b

to a district council, F349or to a Welsh county council or county borough council,towards expenditure incurred or to be incurred by them in connection with their functions under section 8 of the M60Residential Homes Act 1980 or Part II of Schedule 9 to the M61Health and Social Services and Social Security Adjudications Act 1983 (meals and recreation for old people);

c

to an authority who are a local education authority for the purposes of F350the Education Act 1996, towards expenditure incurred or to be incurred by them in connection with their functions under F351the Education Acts (within the meaning of that Act), in so far as they perform those functions for the benefit of disabled persons;

F352d

to a local housing authority within the meaning of the M62Housing Act 1985, towards expenditure incurred or to be incurred by them in connection with their functions under Part II of that Act (provision of housing); and

e

to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation,—

F353i

a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);.

ii

the Commission for the New Towns;

iii

a new town development corporation;

iv

an urban development corporation established under the M63Local Government, Planning and Land Act 1980;

v

the Housing Corporation; and

vi

the Development Board for Rural Wales F354and

vii

Housing for Wales.

3

A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

4

No payment shall be made under this section in respect of any expenditure unless the expenditure has been recommended for a payment under this section by a joint consultative committee on which the authority proposing to make the payment are represented.

5

The Secretary of State may by directions prescribe conditions relating to payments under this section.

6

The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, 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.

7

Without prejudice to the generality of subsection (5) above, the power may be exercised—

a

so as to make different provision for England and Wales and different provision for different F355areas in either; and

b

so as to require, in such circumstances as may be specified,—

i

repayment of the whole or any part of a payment under this section;

ii

payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

8

No payment shall be made under this section in respect of any expenditure unless the conditions relating to it—

a

accord with the advice given by the joint consultative committee in making the recommendation for a payment under this section in respect of the expenditure in question; and

b

conform with the conditions prescribed for payments of that description under subsection (5) above.

9

Where expenditure which has been recommended by a joint consultative committee for a payment under this section is expenditure in connection with services to be provided by a voluntary organisation—

a

the authority who are to make the payment may make payments to the voluntary organisation towards the expenditure incurred or to be incurred by the organisation in connection with the provision of those services, instead of or in addition to making payments under subsection (2) above; and

b

an authority of one of the descriptions specified in paragraph (a), (b), (c) or (d) of subsection (2) above and who have received payments under that subsection may make out of the sums paid to them payments to the voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of those services,

but no payment shall be made under this subsection except subject to conditions—

i

which conform with the conditions prescribed for payments of that description under subsection (5) above; and

ii

which accord with the advice given by the joint consultative committee in recommending the expenditure for a payment under this section.

F35628B Power of Secretary of State to make payments towards expenditure on community services in Wales.

1

The Secretary of State may, if he thinks fit, make payments—

a

to authorities in Wales of any of the descriptions mentioned in paragraphs (a), (b), (c) and (d) of sectopm 28A(2) above, for the purposes respectively mentioned in those paragraphs;

b

to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation in Wales,—

F358F357i

a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);.

ii

the Commission for the New Towns;

iii

a new town development corporation;

iv

an urban development corporation established under the M64Local Government, Planning and Land Act 1980;

v

F359Housing for Wales; and

vi

the Development Board for Rural Wales.

2

The Secretary of State may, if he thinks fit, make payments to a voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of services for which he could make payments under subsection (1) above.

3

A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

4

Conditions may be attached to a payment under this section.

5

Without prejudice to the generality of subsection (4) above, the conditions that may be attached include conditions requiring, in such circumstances as may be specified,—

a

repayment of the whole or any part of a payment under this section;

b

payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

28BBF30 Power of local authorities to make payments to NHS bodies.

1

A local authority may, if they think fit, make payments to a relevant NHS body towards expenditure incurred or to be incurred by the body in connection with the performance by the body of prescribed functions of the NHS body.

2

In this section—

  • “prescribed” means prescribed to any extent by regulations made by the Secretary of State;

  • “relevant NHS body” means a Health Authority or a Primary Care Trust.

3

A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

4

The Secretary of State may by directions prescribe conditions relating to payments under this section.

5

The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, 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.

6

Without prejudice to the generality of subsection (4) above, the power may be exercised—

a

so as to make different provision for England and Wales and different provision for different areas in either; and

b

so as to require, in such circumstances as may be specified—

i

repayment of the whole or any part of a payment under this section; or

ii

payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

7

No payment shall be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed for payments of that description under subsection (4) above.

F360 Provision of personal medical or dental services

Annotations:
Amendments (Textual)
F360

Cross-heading inserted (prosp.) by 1997 c. 46, ss. 21(1), 41(3)

F3128C Personal medical or dental services.

1

A Strategic Health Authority or a Health Authority may make one or more agreements with respect to their area, in accordance with the provisions of regulations under section 28E, under which—

a

personal medical services are provided (otherwise than by the Authority); or

b

personal dental services are provided (otherwise than by the Authority).

2

An agreement made under this section—

a

may not combine arrangements for the provision of personal medical services with arrangements for the provision of personal dental services F32, and may not combine arrangements for the provision of personal medical services or personal dental services with arrangements for the provision of local pharmaceutical services under LPS schemes (within the meaning of paragraph 1(3) of Schedule 8A to this Act) or under pilot schemes made under section 28 of the Health and Social Care Act 2001; but

b

may include arrangements for the provision of services—

i

which are not personal medical services or personal dental services; but

ii

which may be provided under this Part.

3

Except to such extent as may be prescribed—

a

a patient for whom personal medical services are provided in accordance with an agreement made under this section is not to count as a person for whom arrangements must be made by the Primary Care Trust or Health Authority concerned under section 29;

b

a patient for whom personal dental services are provided under an agreement made under this section is not to count as a person for whom arrangements must be made by the Primary Care Trust or Health Authority concerned under section 35.

4

This Act (and in particular section 17) has effect, in relation to personal medical services or personal dental services provided under an agreement made under this section, as if those services were provided as a result of the delegation by the Secretary of State (by directions given under section F3316D) of functions of his under this Part.

5

The functions of a Health Authority in relation to an agreement made under this section are primary functions of the Authority for the purposes of the M4National Health Service and Community Care Act 1990.

6

Regulations may provide—

a

for functions which are exercisable by a Strategic Health Authority or a Health Authority in relation to an agreement made under this section to be exercisable on behalf of the Authority by a Health Board; and

b

for functions which are exercisable by a Health Board in relation to an agreement made under section 17C of the M5National Health Service (Scotland) Act 1978 to be exercisable on behalf of the Board by a Strategic Health Authority or a Health Authority.

7

For the purposes of this section—

  • “personal medical services” means medical services of a kind that may be provided by a general medical practitioner in accordance with arrangements made under Part II; and

  • “personal dental services” means dental services of a kind that may be provided by a general dental practitioner in accordance with arrangements made under Part II.

F3428D Persons with whom agreements may be made.

1

A Strategic Health Authority or a Health Authority may make an agreement under section 28C only with one or more of the following—

a

an NHS trust;

b

in the case of an agreement under which personal medical services are provided—

i

a qualifying medical practitioner;

ii

an individual who is providing personal medical services in accordance with section 28C arrangements or section 17C arrangements;

c

in the case of an agreement under which personal dental services are provided—

i

a qualifying dental practitioner;

ii

an individual who is providing personal dental services in accordance with section 28C arrangements or section 17C arrangements;

d

an NHS employee, a section 28C employee or a section 17C employee;

e

a qualifying body.

F35f

a Primary Care Trust

2

In this section—

  • “the 1978 Act” means the M6National Health Service (Scotland) Act 1978;

  • “NHS employee” means an individual who, in connection with the provision of services in the health service in England and Wales or Scotland, is employed by—

    1. a

      an NHS trust;

    2. b

      in the case of an agreement under which personal medical services are provided—

      1. i

        a medical practitioner whose name is included in a medical list kept under this Act or in a corresponding list kept under the 1978 Act; or

      2. ii

        a medical practitioner who is providing personal medical services in accordance with section 28C arrangements or section 17C arrangements;

    3. c

      in the case of an agreement under which personal dental services are provided—

      1. i

        a dental practitioner whose name is included in a list prepared in accordance with regulations made under section 36(1)(a) of this Act or section 25(2)(a) of the 1978 Act; or

      2. ii

        a dental practitioner who is providing personal dental services in accordance with section 28C arrangements or section 17C arrangements;

  • “qualifying body” means—

    1. a

      a company which is limited by shares all of which are legally and beneficially owned by persons falling within F36paragraph (a), (b), (c), (d) or (f) of subsection (1); and also

    2. b

      in the case of an agreement under which personal dental services are provided, a body corporate which, in accordance with the provisions of Part IV of the M7Dentists Act 1984, is entitled to carry on the business of dentistry;

  • “qualifying dental practitioner” means a dental practitioner who satisfies the conditions imposed by regulations made under section 28E(2)(b) of this Act or section 17E(2)(b) of the 1978 Act;

  • “qualifying medical practitioner” means a medical practitioner who satisfies the conditions imposed by regulations made under section 28E(2)(b) of this Act or section 17E(2)(b) of the 1978 Act;

  • “section 17C arrangements” means arrangements for the provision of services made under section 17C of the 1978 Act;

  • “section 17C employee” means an individual who, in connection with the provision of services in accordance with section 17C arrangements, is employed by an individual providing those services;

  • “section 28C arrangements” means arrangements for the provision of services made under section 28C; and

  • “section 28C employee” means an individual who, in connection with the provision of services in accordance with section 28C arrangements, is employed by an individual providing those services.

28DAF37 Lists of persons who may perform personal medical services or personal dental services

1

The Secretary of State may make regulations providing for the preparation and publication by each Health Authority of one or more lists of—

a

medical practitioners who may perform personal medical services in accordance with section 28C arrangements,

b

dental practitioners who may perform personal dental services in accordance with section 28C arrangements.

2

Such a list is referred to in this section as a “services list”.

3

The regulations may, in particular, include provision as to—

a

the Health Authority to which an application for inclusion in a services list is to be made,

b

the procedure for applying for inclusion, including any information to be supplied to the Health Authority (whether by the applicant or by arrangement with him),

c

grounds on which the Health Authority may, or must, refuse a person’s application for inclusion in a services list (including his unsuitability for inclusion in such a list), or on which they may defer their decision on the application,

d

requirements with which a person included in a services list must comply (including the declaration of financial interests and of gifts and other benefits),

e

grounds on which a Health Authority may, or must, suspend or remove a person from a services list, the procedure for doing so, and the consequences of doing so,

f

payments to or in respect of persons who are suspended from a services list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),

g

the supply to the Health Authority by an applicant for inclusion in a services list, or by a person included in one, of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,

h

circumstances in which a person included in a services list may not withdraw from it,

i

criteria to be applied in making decisions under the regulations,

j

appeals against decisions of Health Authorities under the regulations,

k

the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a services list, refusals of such applications, and suspensions and removals from that list.

4

The regulations may, in particular, also provide for—

a

a person’s inclusion in a services list to be subject to conditions determined by the Health Authority,

b

the Health Authority to vary the conditions or impose different ones,

c

the consequences of failing to comply with a condition (including removal from the list), and

d

the review by the Health Authority of their decisions made by virtue of regulations under this subsection.

5

The imposition of such conditions must be with a view to—

a

preventing any prejudice to the efficiency of the services to which the services list relates; or

b

preventing any acts or omissions of the type described in section 49F(3)(a) below.

6

Regulations may provide—

a

that no person may perform personal medical services in accordance with section 28C arrangements unless he is included in a medical list, a supplementary list under section 43D or a services list,

b

that no person may perform personal dental services in accordance with section 28C arrangements unless he is included in a list referred to in section 36(1)(a), a supplementary list under section 43D or a services list.

7

Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 49F to 49N below.

8

If the regulations provide under subsection (3)(e) or (4) that a Health Authority may suspend or remove a person from a services list, they must include provision—

a

requiring him to be given notice of any allegation against him;

b

giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his suspension or removal; and

c

requiring him to be given notice of the Health Authority’s decision and the reasons for it and of any right of appeal under subsection (9) or (10).

9

If the regulations provide under subsection (3)(c) or (e) that a Health Authority may refuse a person’s application for inclusion in a services list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority’s decision.

10

If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the Health Authority’s decision—

a

to impose conditions, or any particular condition,

b

to vary a condition,

c

to remove him from the services list for breach of condition,

d

on any review of an earlier such decision of theirs.

28EF38 Personal medical or dental services: regulations.

1

The Secretary of State may make regulations with respect to the provision of services in accordance with section 28C arrangements.

2

The regulations must—

a

include provision for participants other than Strategic Health Authorities and Health Authorities to withdraw from section 28C arrangements if they wish to do so;

b

impose conditions (including conditions as to qualifications and experience) to be satisfied by medical practitioners performing personal medical services, and dental practitioners performing personal dental services, in accordance with section 28C arrangements.

In paragraph (b) “practitioner” does not include a practitioner who is undergoing training of a prescribed description.

3

The regulations may, in particular—

a

provide that section 28C arrangements may be made only in prescribed circumstances;

b

provide that section 28C arrangements may be made only in prescribed areas;

c

provide that only prescribed services, or prescribed categories of service, may be provided in accordance with section 28C arrangements;

d

require details of section 28C arrangements to be published;

e

make provision with respect to the variation and termination of section 28C arrangements;

f

prevent (except in such circumstances and to such extent as may be prescribed) a medical practitioner who performs personal medical services in accordance with section 28C arrangements from providing general medical services;

g

make provision with respect to medical lists, including provision for preferential treatment for medical practitioners;

h

provide for parties to section 28C arrangements to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 4 of the M8National Health Service and Community Care Act 1990;

i

provide for directions, as to payments, made under section 4(7) of the Act of 1990 (as it has effect as a result of regulations made by virtue of paragraph (h)) to be enforceable in a county court (if the court so orders) as if they were judgments or orders of that court;

j

confer powers or impose duties on the Dental Practice Board in relation to agreements made by virtue of section 28C(1) under which personal dental services are provided;

k

authorise Strategic Health Authorities and Health Authorities to make payments of financial assistance for prescribed categories of preparatory work undertaken—

i

in connection with preparing proposals for section 28C arrangements; or

ii

in preparation for the provision of services under proposed section 28C arrangements.

F394

The regulations must include provision for a medical practitioner who—

a

has provided or performed personal medical services in accordance with section 28C arrangements, and

b

in contemplation of doing so, gave up fund-holding status,

to be allowed to return immediately to fund-holding status on satisfying the Secretary of State that, if he were granted that status, he would be able to fulfil the conditions for the time being in force for continuing to have it.

For the purposes of this subsection “fund-holding status” has such meaning as may be prescribed.

5

The Secretary of State must—

a

consider whether section 28C arrangements are likely to have an adverse effect on the distribution of medical practitioners providing general medical services or performing personal medical services in England or in Wales;

b

if he thinks that the arrangements are likely to have that effect, consider whether it is necessary to include in the regulations provisions designed to secure that, so far as is possible, the arrangements do not have that effect; and

c

if he thinks that it is necessary, include such provisions in the regulations.

6

Regulations which impose conditions on persons performing personal medical services or persons performing personal dental services (whether made by virtue of subsection (2)(b) or otherwise) may, in particular, include provision of a kind that may be made by regulations under section 32.

7

Regulations made by virtue of subsection (3)(g) may, in particular, include provision—

a

requiring (except in prescribed circumstances) Primary Care Trusts and Health Authorities to remove from their medical lists persons who are performing personal medical services in accordance with section 28C arrangements or corresponding services under section 17C of the M9National Health Service (Scotland) Act 1978;

b

conferring a right to transfer to a medical list on persons who have ceased to perform such services;

c

that any provision in relation to medical lists made by or under any enactment is not to apply;

d

as to conditions to be attached to entries in medical lists;

e

conferring powers of disqualification on the F40Family Health Services Appeal Authority constituted under section 49S.

8

The power to make provision under this section of the kind mentioned in subsection (3)(j) includes power—

a

to authorise or require the Dental Practice Board to perform on behalf of a Strategic Health Authority or Health Authority functions of a prescribed description (including functions relating to remuneration) which have been delegated to the Board by the Strategic Health Authority or Health Authority in accordance with a power conferred by the regulations;

b

to provide that functions conferred by the regulations are only to be exercised by the Board in accordance with directions of the Secretary of State;

c

to require information for the purpose of performing any functions conferred or imposed on the Board under this section.

28EEF41 Delegation of Health Authority functions relating to section 28C arrangements.

1

F722. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The Secretary of State may by order make provision for any rights and liabilities arising under an agreement to provide personal medical services under section 28C above to be transferred from Strategic Health Authorities to Primary Care Trusts and from Primary Care Trusts to Strategic Health Authorities .

3

Subsection (2) above is without prejudice to any other power of the Secretary of State to transfer rights and liabilities under this Act.

28FF42 Right to choose medical practitioner.

1

Provision shall be made in regulations for conferring a right on any person to choose the medical practitioner from whom he is to receive primary medical services, subject to—

a

the consent of the practitioner concerned; and

b

any limit on the number of patients to be accepted by any practitioner.

2

In particular, the regulations—

a

shall prescribe the procedure for choosing a practitioner;

b

may prescribe a limit on the number of patients to be accepted by a medical practitioner who undertakes to provide general medical services under Part II; and

c

shall provide for the distribution among medical practitioners of persons who have indicated a wish to obtain primary medical services but—

i

have been refused by the medical practitioner of their choice; or

ii

have not chosen a medical practitioner.

3

The Secretary of State may give directions imposing a limit on the number of patients to be accepted by a medical practitioner who performs personal medical services in accordance with section 28C arrangements.

4

Any such directions may make different provision for different cases or descriptions of case.

5

Regulations under this section may also provide that the right to choose a medical practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.

6

In this section “primary medical services” means medical services which are—

a

provided, in accordance with section 28C arrangements, as personal medical services; or

b

provided under Part II as general medical services.

28GF43 Right to choose dental practitioner.

1

Provision shall be made in regulations for conferring a right on any person to choose the dental practitioner from whom he is to receive primary dental services, subject to the consent of the practitioner concerned.

2

The regulations shall, in particular, prescribe the procedure for choosing a practitioner.

3

The regulations may, in particular, provide that the right to choose a dental practitioner conferred by the regulations shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.

4

In this section “primary dental services” means dental services which are—

a

provided, in accordance with section 28C arrangements, as personal dental services; or

b

provided under Part II as general dental services.

28HF44 Immunisation.

Where the Secretary of State arranges with medical practitioners for the vaccination or immunisation of persons against disease, he shall so far as reasonably practicable give every person providing, and every medical practitioner performing, personal medical services in accordance with section 28C arrangements an opportunity to participate in the arrangements for vaccination or immunisation.

F4528I Use of accommodation.

If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of personal medical services or personal dental services in accordance with section 28C arrangements, he may make the accommodation available on such terms as he thinks fit to persons providing those services.

28JF46 Local pharmaceutical services schemes

1

Schedule 8A makes provision with respect to the provision of local pharmaceutical services in accordance with schemes made by Primary Care Trusts and Health Authorities.

C56Part IIC57C58General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services

Annotations:
Modifications etc. (not altering text)
C56

Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table

C57

Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1

C58

Pt. II power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1

Pt. II power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(1)(b), Sch. 1

General medical services

C6029C59Arrangements and regulations for general medical services.

F3611

It is the duty of every F362Health Authority, in accordance with regulations, to arrange as respects their F363area with medical practitioners to provide personal medical services for all persons in the area who wish to take advantage of the arrangements.

1A

The services so provided are referred to in this Act as “general medical services”.

2

Regulations may provide for the definition of the personal medical services to be provided and for securing that the arrangements will be such that all persons availing themselves of those services will receive adequate personal care and attendance, and the regulations shall include provision—

a

for the preparation and publication of lists of medical practitioners who undertake to provide general medical services;

b

for conferring a right on any person to choose, in accordance with the prescribed procedure, the medical practitioner by whom he is to be attended, subject to the consent of the practitioner so chosen and to any prescribed limit on the number of patients to be accepted by any practitioner;

c

for the distribution among medical practitioners whose names are on the lists of any persons who have indicated a wish to obtain general medical services but who have not made any choice of medical practitioner or have been refused by the practitioner chosen;

d

for the issue to patients or their personal representatives by medical practitioners providing those services of such certificates as may be prescribed being certificates reasonably required by them under or for the purposes of any enactment;

e

for the removal from the list of medical practitioners undertaking to provide general medical services for persons in any F364area of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general medical services for persons in that F364area.

F365f

for the making of arrangements for the temporary provision of general medical services F366in the area of a Health Authority;

g

for the circumstances in which a name added to the list by virtue of subsection (6) below may be removed from it.

3

Regulations under subsection (2) above may provide for the personal medical services there mentioned to include the provision of, and services connected with, any such advice, examination and treatment as are mentioned in paragraph (b) of section 5(1) above.

F367C614

The remuneration to be paid under the arrangements mentioned in subsection (1) above to a practitioner who provides general medical services shall not, except in special circumstances, consist wholly or mainly of a fixed salary which has no reference to the number of patients for whom he has undertaken to provide such services.

F3685

Regulations shall—

a

include provision for the making to a medical practitioner providing general medical services of payments in respect of qualifying services provided by a spouse or other relative of his; and

b

provide that the rates and conditions of payment and the qualifying services in respect of which the payments may be made shall be such as may be determined by the Secretary of State after consultation with such bodies as he may recognise as representing such medical practitioners.

F3696

The persons with whom arrangements for the temporary provision of general medical services in F370an area may be made by virtue of regulations under subsection (2) above include medical practitioners who are not on the list of medical practitioners providing such services in F371the area, and the power to prepare and publish lists of medical practitioners conferred by paragraph (a) of that subsection accordingly includes power to add the names of medical practitioners with whom such arrangements are made to the list.

7

Regulations may provide that this Act and any regulations made under it shall apply in relation—

a

to the making of arrangements for the temporary provision of general medical services; and

b

to the provision of general medical services in pursuance of any such arrangements,

subject to such modifications as may be specified in the regulations.

8

Where the registration of a medical practitioner in the register of medical practitioners is suspended—

a

by a direction of the Health Committee of the General Medical Council under F372section 37(1) or (2) of the M65Medical Act 1983 (unfitness to practice by reason of physical or mental condition);

b

by an order of that Committee under F372section 38(1) of that Act (order for immediate suspension); or

c

by an interim order F373under section 42of that Act,

the suspension shall not terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services in person during the suspension.

F3749

Where the registration of a medical practitioner in the register of medical practitioners is suspended by a direction of the Committee on Professional Performance of the General Medical Council—

a

under section 36A of the Medical Act 1983 (professional performance),

b

under section 38(1) of that Act (order for immediate suspension), or

c

under rules made by virtue of paragraph 5A(3) of Schedule 4 to that Act (procedure of committees),

the suspension shall not, except in so far as is provided by or determined in accordance with regulations under subsection (2) above, terminate any arrangements made with him for the provision of general medical services; but he shall not provide such services in person during the suspension.

29AF415 Medical lists.

1

A Health Authority may not, under section 29, arrange with a medical practitioner for him to provide general medical services for persons in the Authority’s area unless his name is included in the Authority’s medical list.

2

A medical practitioner is entitled to be included in a Health Authority’s medical list only if—

a

he is eligible for inclusion in the list; and

C68b

he is nominated or approved, in accordance with regulations under section 29B, for appointment to fill a vacancy which relates (whether wholly or in part) to the area of the Authority.

3

F416Subject to any provision made under section 43C a medical practitioner is eligible for inclusion in a medical list if—

a

he has not attained the age specified in regulations under section 8 of the M66Health and Medicines Act 1988 (retirement age for practitioners); and

b

he is not disqualified, or treated as F417disqualified for inclusion in the list by, or by virtue of a direction of, the NHS Tribunalor any corresponding tribunal in Scotland or Northern Ireland.

4

Regulations may make provision in relation to delaying a person’s inclusion in a medical list in prescribed circumstances.

F4184A

Regulations may make provision in relation to the supply to a Health Authority, by a medical practitioner who is included in their medical list (or, as respects paragraph (a), by arrangement with him), of—

a

information of a prescribed description; and

b

a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act.

5

This section is subject to section 29(6) (temporary provision of general medical services) and any provision of, or made under, an enactment relating to the right of a medical practitioner to transfer to a medical list.

6

In this Act “medical list”, in relation to a Health Authority, means the list of medical practitioners undertaking to provide general medical services for persons in their area, kept by the Authority under regulations made under section 29(2)(a).

F41929B Vacancies for medical practitioners.

1

Regulations may make provision in relation to the filling of vacancies for medical practitioners to provide general medical services.

2

The regulations may, in particular, include provision for—

a

references by a Health Authority to the Medical Practices Committee as to whether there is, or will be, a vacancy for a medical practitioner in a locality;

b

the determination of such references by the Medical Practices Committee;

c

the determination by the Medical Practices Committee of conditions of practice to be imposed on any medical practitioner who fills a particular vacancy;

d

the determination by a Health Authority of whether a vacancy is to be filled by a member of a partnership or by a sole practitioner;

e

the nomination by a Health Authority of a medical practitioner for appointment to fill a vacancy as a sole practitioner;

f

the approval by a Health Authority of a medical practitioner for appointment to fill a vacancy as a member of a partnership.

3

The regulations may also make provision in relation to—

a

criteria to be applied in making decisions under the regulations,

b

the variation or revocation of such decisions (including appeals to the Secretary of State on points of law), or

c

vacancies relating to the area of one Health Authority which also relate to the area of another Health Authority or a Health Board,

and may contain such transitional provisions as the Secretary of State considers appropriate.

4

Regulations which make provision about vacancies which relate partly to the area of a Health Board may, in particular, provide that section 29A(2)(b) is to have effect in prescribed circumstances as if the reference to regulations under this section were a reference to regulations under section 19B of the M67National Health Service (Scotland) Act 1978.

5

In this section—

  • “conditions of practice” means conditions—

    1. a

      specifying, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which a person is entitled to be remunerated; and

    2. b

      specifying the locality in which a person is entitled to provide general medical services;

  • “Health Board” has the same meaning as in the National Health Service (Scotland) Act 1978;

  • “locality”, in relation to a Health Authority, means the Authority’s area or a particular part of their area; and

  • “sole practitioner” means a medical practitioner providing general medical services otherwise than in partnership with one or more other medical practitioners.

6

This section does not affect the power to make regulations under section 29.

30 Applications to provide general medical services.

1

F375Subject to subsection (1A) below all applications made F376by medical practitioners in the prescribed manner to a F377Health Authority for inclusion in a list kept by F377the Health Authority of the names of medical practitioners undertaking to provide general medical services for persons in the F377Health Authority’s area shall be referred by F377the Health Authority to the Medical Practices Committee and . . . F378 any medical practitioner whose application is granted by F377the Committee shallF379subject to the provisions of this Part of this Act relating to disqualification of practitioners be entitled to the inclusion of his name in the list.

F380C621A

No medical practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his application for the inclusion of his name in the list kept by any F381Health Authority referred to the Medical Practices Committee unless he satisfies the F381Health Authority that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general medical services in the F381Health Authority’s area; and where a F381Health Authority is not so satisfied with respect to any applicant the F381Health Authority shall not refer his application to the Medical Practices Committee.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F382

C6331 Requirement of suitable experience.

1

Where the Secretary of State so prescribes, and after a day so prescribed—

a

the Medical Practices Committee shall refuse any application under section 30 above if the medical practitioner is not suitably experienced; and

F383b

a F384Health Authority shall not arrange under section 29 above with a medical practitioner for him to provide general medical services for persons in the F385Health Authority’s area unless the Medical Practices Committee have granted an application by him for the inclusion of his name in the list kept by the F384Health Authority of medical practitioners undertaking to provide general medical services for persons in F386their area.

C642

For the purposes of this section a medical practitioner is “suitably experienced” if, but only if, he either—

a

has acquired the prescribed medical experience, or

b

is by virtue of regulations made under section 32 below exempt from the need to have acquired that experience, and “medical experience” includes hospital experience in any specialty.

C6532 Regulations as to s. 31.

1

Regulations may for the purposes of section 31 above provide—

a

for prescribing the medical experience needed to satisfy paragraph (a) of section 31(2);

b

as to the documents which an applicant may or must produce as evidence that he is suitably experienced or has acquired medical experience of any particular kind;

c

for requiring an applicant who claims to have acquired the prescribed experience to submit particulars of his experience to a prescribed body, and for requiring that body, if satisfied that he has acquired the prescribed experience, to issue him a certificate (a “certificate of prescribed experience”) to that effect;

d

for enabling an applicant without the prescribed experience who considers that the medical experience which he has acquired is, or ought to be regarded as, equivalent to the prescribed experience to submit particulars of that experience to a prescribed body, and for requiring or enabling that body, if satisfied that the applicant’s medical experience is so equivalent, to issue him a certificate (a “certificate of equivalent experience”) to that effect;

e

for treating an applicant who holds a certificate of equivalent experience as satisfying paragraph (a) of section 31(2);

f

as to the circumstances or conditions in or subject to which a medical practitioner is exempt from the need to have acquired the prescribed experience;

g

for conferring on an applicant who is refused a certificate of prescribed experience or a certificate of equivalent experience a right of appeal to a body constituted by the Secretary of State, and for any matter for which it appears to the Secretary of State to be requisite or expedient to provide in consequence of the conferring of that right;

h

for anything authorised or required by section 31 to be prescribed or otherwise provided for by regulations.

In this section—

  • “applicant” means a medical practitioner who has made or proposes to make an application to which paragraph (a) of section 31(1) applies;

  • “the prescribed experience” means the medical experience for the time being prescribed for the purposes of paragraph (a) of section 31(2).

2

Regulations under this section shall be framed so as to allow the prescribed experience to be acquired without undertaking whole-time employment.

3

Any power under this section to make regulations—

a

may be exercised so as to make different provision for different F387areas or different periods of time or in relation to different cases or different circumstances;

b

includes power to make such incidental or supplemental provision in the regulations as the Secretary of State considers appropriate.

33 Distribution of general medical services.

F3881

The Medical Practices Committee may refuse any applications under section 30 above on the grounds that the number of medical practitioners undertaking to provide general medical services in the F389area of the Health Authority concerned or in the relevant part of that area is already adequate.

F3901A

The Secretary of State may by order specify—

a

the maximum number of medical practitioners with whom, in any year, all the F391Health Authorities for areas in England, taken as a whole, may enter into arrangements under section 29 above for the provision of general medical services; and

b

the maximum number of medical practitioners with whom, in any year, all the F391Health Authorities for areas in Wales, taken as a whole, may enter into such arrangements.

1B

An order under subsection (1A) above may contain such incidental and consequential provisions (including provisions amending this Part of this Act) as appear to the Secretary of State to be appropriate including, in particular, provisions as to the basis on which the Medical Practices Committee are to refuse applications under section 30 above in order to secure that any maximum number specified in the order is not exceeded.

2

F392Subject to subsection (2A) below if in the opinion of the Medical Practices Committee additional practitioners are required for any F393area or part of an area, but the number of applications exceeds the number required, the Committee shall select the persons whose applications are to be granted and shall refuse the other applications.

F394C66C672A

If, in the opinion of the Medical Practices Committee, a medical practitioner is required for a particular part of the F395area of a Health Authority, then, in such circumstances as may be prescribed,—

a

F395the Health Authority (instead of the Committee) shall, in accordance with regulations, select the medical practitioner whose application they wish to be considered by the Committee; and

b

the Committee shall not consider any application from a medical practitioner who is not so selected; and

c

any medical practitioner who has made an application but is not so selected may appeal to the Secretary of State on a point of law;

and if the Secretary of State allows an appeal under paragraph (c) above he shall remit the application to F395the Health Authority for reconsideration.

F3963

Before selecting any persons under subsection (2) above the Medical Practices Committee shall consult the F397Health Authority concerned, and the F397Health Authority shall, if a Local Medical Committee has been formed for their F397area and recognised under section 44 below, consult that Local Medical Committee before expressing their views on the persons to be selected.

4

Except as provided in subsections (1) to (3) above or as required by section 31 above, the Medical Practices Committee shall not refuse any application under section 30, but

F398a

in granting an application shall specify, by reference to one or more prescribed conditions relating to hours or the sharing of work, the provision of general medical services for which the applicant will be entitled to be remunerated; and

F398b

may grant an application subject to conditions excluding the provision of general medical services by the applicant in such part or parts of the F399Health Authority’s area as the Medical Practices Committee may specifyF400and an order under subsection (1A) above may make provision as to the extent to which account is to be taken under the order of medical practitioners whose ability to carry out remunerated work is limited by virtue of conditions imposed under paragraph (a) above.

5

A medical practitioner who has made an application under section 30 which has been refused F401by the Medical Practices Committee or has been granted F401by that Committee subject to F402conditions under paragraph (a) or paragraph (b) of subsection (4) above may appeal to the Secretary of State; F403on a point of law; and, if the Secretary of State allows such an appeal, he shall remit the application to the Medical Practices Committee for reconsideration.

F403This subsection does not apply where an application has been refused under paragraph (a) of section 31(1)F403or under section 8 of the Health and Medicines Act 1988 (persons over retiring age).

6

Where the Medical Practices Committee select persons from a number of applicants, the persons selected shall not be included in the list in question during the period for bringing an appeal to the Secretary of State or pending the determination of any such appeal.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F404

8

F405In any case where medical practitioners have to be selected from a number of applicants, the Medical Practices Committee or, where subsection (2A) above applies, the F406Health Authority shall—

a

have regard to any desire expressed by any applicant to practise with other medical practitioners already providing general medical services in the F407F406area concerned or part of it and of any desire expressed by such other practitioners to take any applicant into practice with them;

b

have special regard to such matters in cases where an applicant is related to any other such practitioner.

34 Regulations for Medical Practices Committee.

F408(1) Regulations may make provisions for conferring or imposing on the Medical Practices Committee such additional functions in relation to arrangements for the provision of general medical services as may be prescribed; and regulations shall provide—

F409a

for requiring F410Health Authorities to make to the Medical Practices Committee, at such times and in such manner as may be prescribed, reports as to—

i

the number of medical practitioners required to meet the reasonable needs of their F411areas and the different parts of those F411areas;

ii

the occurrence of any vacancies on the lists of medical practitioners kept by them under this Part of this Act; and

iii

the need for filling such vacancies; and

b

for prescribing the procedure for—

i

the determination of applications by the Medical Practices Committee;

ii

the making and determination of appeals to the Secretary of State under section 33 above F412and where such an appeal is allowed, the reconsideration of any application; and

F413iii

requiring F410Health Authorities and applicants to be informed of the decisions of the Medical Practices Committee and the Secretary of State.

F4142

Regulations under this section may make provision for, and in connection with, the variation of any condition imposed under subsection (4) or subsection (5) of section 33 above, including provision for appeals to the Secretary of State on a point of law

General dental services

C6935 Arrangements for general dental services.

C70F4201

It is the duty of every F421Health Authority, in accordance with regulations, to make as respects their F422area arrangements with dental practitioners under which any person in the F422area for whom a dental practitioner undertakes in accordance with the arrangements to provide dental treatment and appliances shall receive such treatment and appliances.

1A

The services so provided are referred to in this Act as general dental services.

2

The remuneration to be paid under such arrangements to a dental practitioner who provides general dental services elsewhere than at a health centre shall not consist wholly or mainly of a fixed salary unless either—

a

the remuneration is paid in pursuance of arrangements made under section 56 below, or

b

the services are provided in prescribed circumstances and the practitioner consents,

and it shall be the Secretary of State’s duty, before he prescribes any circumstances for the purposes of paragraph (b), to consult such organisations as appear to him to be representative of the dental profession.

F4233

Where the registration of a dental practitioner in the dentists register is suspended—

a

by an order under F424section 32 of the M68Dentists Act 1984 (interim suspension); or

b

by a direction or F425an order of the Health Committee under that Act (health cases),

the suspension shall not terminate any arrangements made with him for the provision of general dental services, but he shall not provide such services in person during the suspension.

4

Regulations may provide for the making of payments in consequence of suspension to a dental practitioner whose registration is so suspended.

36C71Regulations as to s. 35.

F4261

Regulations may provide as to the arrangements to be made under section 35 above, and shall include provision—

a

for the preparation and publication of lists of dental practitioners who undertake to provide general dental services;

b

for conferring a right, subject to F427F428subsections (2) and (3) below and to the provisions of this Part of this Act relating to the disqualification of practitioners F429and to section 8 of the Health and Medicines Act 1988 and regulations under that section, on any dental practitioner, who wishes to be included in any such list, to be so included;

c

for conferring on any person a right to choose, in accordance with the prescribed procedure, the dental practitioner from whom he is to receive general dental services, subject to the consent of the practitioner so chosen;

d

for the removal from the list of dental practitioners undertaking to provide general dental services for persons in any F430area of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general dental services for persons in that F430area.

F4312

No dental practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his name included in the list kept by any F432Health Authority unless he satisfies F432the Health Authority that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general dental services in the F432Health Authority’s area.

F4333

Regulations may make the exercise of the right conferred by virtue of paragraph (b) of subsection (1) above subject to any provision made by or under the regulations, and, in such cases as may be prescribed, may confer a right of appeal to a prescribed body in respect of a refusal to include a dental practitioner on such a list as is referred to in paragraph (a) of that subsection.

C7237 Dental Estimates Board.

F4341

Regulations providing as to the arrangements to be made under section 35 above shall include provision—

a

for constituting a Board, to be called the Dental Estimates Board, of whom the chairman and a majority of the members shall be dental practitioners, for the purpose of carrying out such duties as may be prescribed with respect to . . . F435 dental treatment and appliances, and to the remuneration of dental practitioners providing general dental services;

b

for providing in relation to that Board for any of the matters for which, in relation to F436a Health Authority, provision is or may be made by or under Part III of Schedule 5 to this Act.

F4371A

Regulations may empower the Dental Practice Board—

a

to direct a dental practitioner to submit to the Board, in relation to treatment which he has carried out or contemplates carrying out or to a description of such treatment specified in the direction, such estimates and information and such radiographs, models or other items as may be prescribed; and

b

to direct a dental practitioner not to carry out treatment, or a description of treatment specified in the direction, without first obtaining approval of an estimate from the Board.

1B

If regulations include any such provision as is mentioned in subsection (1A)(b) above, regulations shall confer on a dental practitioner in whose case a direction such as is mentioned in that pargraph has been given a right of appeal against the direction to a prescribed person or body, but before making regulations conferring such a right the Secretary of State shall consult such organisations as appear to him to be representative of persons providing general dental services.

1C

Regulations may be made authorising or requiring the Dental Practice Board to carry on any such additional activity relating to the provision of general dental services as may be prescribed and, without prejudice to the generality of this subsection, to conduct or commission surveys or other research relating to the provision of such services.

General ophthalmic services

38 Arrangements for general ophthalmic services.

F4381

F439It is the duty of every F440Health Authority, in accordance with regulations, to arrange as respects their F441area with medical practitioners having the prescribed qualifications, F442and ophthalmic opticians for securing the testingF443by them of the sight—

a

of a child;

b

of a person whose resources fall to be treated under the regulations as being less than his requirements or as being equal to his requirements; or

c

of a person of such other description as may be prescribed.

2

In this section—

  • “child” means—

a

a person who is under the age of 16 years; or

b

a person who is under the age of 19 years and receiving qualifying full-time education; and

  • “qualifying full-time education” means full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and for the purpose of this definition—

a

“recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; and

b

regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.

3

Regulations under this section may direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this subsection, may direct that they shall be calculated—

a

by a method set out in the regulations;

b

by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications;

c

by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament; or

d

by reference to the person’s being or having been entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.

4

Descriptions of persons may be prescribed for the purposes of subsection (1) above by reference to any criterion and, without prejudice to the generality of this subsection, by reference to any of the following criteria—

a

their age;

b

the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition;

c

the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances;

d

their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit; and

e

the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits.

5

Regulations which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference is to be construed as a reference to that Act or instrument—

a

as it has effect at the time when the regulations are made; or

b

both as it has effect at that time and as amended subsequently.

6

Regulations may provide that a person—

a

whose sight is tested by a person who provides general ophthalmic services; and

b

who is shown during the testing or within a prescribed time after it to fall within subsection (1) above,

shall be taken for the purposes of the testing to have so fallen immediately before his sight was tested; and the testing shall be treated—

i

for the purposes of any arrangements under this section;

ii

for the purposes of remuneration in respect of the testing; and

iii

for any such other purpose as may be prescribed,

as a testing of sight under this Act.

7

Regulations shall define the services for the provision of which arrangements under this section are to be made and the services so defined are in this Act referred to as “general ophthalmic services”.

39C73Regulations as to s. 38.

Regulations may provide as to the arrangements to be made under section 38 above, and shall include provision—

a

for the preparation and publication of lists of medical practitioners, F444and ophthalmic opticians, respectively, who undertake to provide general ophthalmic services;

b

for conferring a right, subject to the provisions of this F445Part of this Act relating to the disqualification of practitioners, on any medical practitioner having the prescribed qualifications, F446or ophthalmic optician who wishes to be included in the appropriate list, to be so included;

c

for conferring on any person a right to choose in accordance with the prescribed procedure the medical practitioner or ophthalmic optician by whom his sight is to be tested, or from whom any prescription for the supply of optical appliances is to be obtained . . . F447;

d

for the removal from the list of medical practitioners, F448or ophthalmic opticians undertaking to provide general ophthalmic services for persons in any F449area of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general ophthalmic services for persons in that F449area.

40 Medical practitioners with qualifications prescribed under s. 38.

The power conferred by section 38 above (in relation to general ophthalmic services) to prescribe the qualifications to be possessed by any medical practitioner includes a power—

a

to prescribe a requirement that the practitioner shall show to the satisfaction of a committee recognised by the Secretary of State for the purpose that he possesses such qualifications, including qualifications as to experience, as may be mentioned in the regulations; and

b

to confer on a person who is dissatisfied with the determination of such a committee, a right of appeal to a committee appointed by the Secretary of State, and to provide for any matter for which it appears to the Secretary of State to be requisite or expedient to provide in consequence of the conferring of that right.

Pharmaceutical services

C7441 Arrangements for pharmaceutical services.

F450It is the duty of every F451Health Authority, in accordance with regulations, to arrange as respects their F452area for the F453provision to persons who are in that F452area of

a

proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a medical practitioner in pursuance of his functions in the health service, the Scottish health service, the Northern Ireland health service or the armed forces of the Crown (excluding forces of a Commonwealth country and forces raised in a colony; . . . F454

F455b

proper and sufficient drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision F456of dental services by a Health Authority, a Special Health Authority or an NHS trust; . . . F457

c

listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by him of general dental services.F458and

F459cc

listed drugs and medicines and listed appliances which are ordered for those persons by a prescribed description of registered nurse, midwife or health visitor in pursuance of functions in the health service, the Scottish health service or the Northern Ireland health service or the armed forces of the Crown (excluding forces of a Commonwealth country and forces raised in a colony); and

F460d

such other services as may be prescribed.

The services so provided are F461, together with additional pharmaceutical services provided in accordance with a direction under section 41A, referred to in this Act as “pharmaceutical services”.

In this section—

  • “listed” means included in a list for the time being approved by the Secretary for the purposes of this section; and

  • “the Scottish health service” and “the Northern Ireland health service” mean respectively the health service established in pursuance of section 1 of the M69National Health Service (Scotland) Act 1947 or any service provided in pursuance of Article 4(a) of the M70Health and Personal Social Services (Northern Ireland) Order 1972.

41AF472 Arrangements for providing additional pharmaceutical services.

1

The Secretary of State may—

a

give directions to a Health Authority requiring them to arrange for the provision to persons in their area of additional pharmaceutical services; or

b

by giving directions to a Health Authority authorise them to arrange for such provision if they wish to do so.

2

Directions under this section may make different provision in relation to different services specified in the directions.

3

The Secretary of State must publish any directions under this section in the Drug Tariff or in such other manner as he thinks appropriate.

4

In this section—

  • “additional pharmaceutical services”, in relation to directions, means such services (of a kind that do not fall within section 41) as may be specified in the directions; and

  • “Drug Tariff” means the Drug Tariff published under regulation 18 of the M72National Health Service (Pharmaceutical Services) Regulations 1992 or under any corresponding provision replacing, or otherwise derived from, that regulation.

41BF47 Terms and conditions etc.

1

Directions under section 41A may require the Health Authority to whom they apply, when making arrangements—

a

to include, in the terms on which the arrangements are made, such terms as may be specified in the directions;

b

to impose, on any person providing a service in accordance with the arrangements, such conditions as may be so specified.

2

The arrangements must secure that any service to which they apply is provided only by a person whose name is included in a pharmaceutical list.

3

Different arrangements may be made with respect to—

a

the provision of the same service by the same person but in different circumstances; or

b

the provision of the same service by different persons.

4

A Health Authority must provide details of proposed arrangements (including the remuneration to be offered for the provision of services) to any person who asks for them.

5

After making any arrangements, a Health Authority must publish, in such manner as the Secretary of State may direct, such details of the arrangements as he may direct.

6

In this section, “pharmaceutical list” means, subject to any provision of the directions in question, a list—

a

published by the Health Authority concerned, or by any other Health Authority, in accordance with regulations made under section 42(2)(a) of this Act; or

b

published by any body in accordance with regulations made under section 27(2)(a) of the M10National Health Service (Scotland) Act 1978 or Article 63(2A)(a) of the M11Health and Personal Social Services (Northern Ireland) Order 1972.

42F462C75Regulations as to pharmaceutical services.

1

Regulations shall provide for securing that arrangements made by a F463Health Authority under section 41 above will enable persons in the F463Health Authority’s area for whom drugs, medicines or appliances mentioned in that section are ordered as there mentioned to receive them from persons with whom such arrangements have been made.

2

The regulations shall include provision—

a

for the preparation and publication by F464a Health Authority of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in the F464Health Authority’s area;

b

that an application to F464a Health Authority for inclusion in such a list shall be made in the prescribed manner and shall state—

i

the services which the applicant will undertake to provide and, if they consist of or include the supply of appliances, which appliances he will undertake to supply; and

ii

the premises from which he will undertake to provide those services;

c

that, except in prescribed cases—

i

an application for inclusion in such a list by a person not already included; and

ii

an application by a person already included in such a list for inclusion also in respect of services or premises other than those already listed in relation to him,

shall be granted only if the F464Health Authority are satisfied, in accordance with the regulations, that it is necessary or desirable to grant it in order to secure in the neighbourhood in which the premises are located the adequate provision by persons included in the list of the services, or some of the services, specified in the application; and

d

for the removal of an entry in respect of premises from a list if it has been determined in the prescribed manner that the person to whom the entry relates—

i

has never provided from those premises; or

ii

has ceased to provide from them, the services, or any of the services, which he is listed as undertaken to provide from them.

3

The regulations may include provision—

a

that an application to a F465Health Authority may be granted in respect of some only of the services specified in it;

b

that an application to a F465Health Authority relating to services of a prescribed description shall be granted only if it appears to the F465Health Authority that the applicant has satisfied such conditions with regard to the provision of those services as may be prescribed;

F466ba

that an application to a F465Health Authority by a person who qualified to have his name registered under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma) shall not be granted unless the applicant satisfies the F465Health Authority that he has the knowledge of English which, in the interests of himself and persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the F465Health Authority’s area;

c

that the inclusion of a person in a list in pursuance of such an application may be for a fixed period;

d

that, where the premises from which an application states that the applicant will undertake to provide services are in an area of a prescribed description, the applicant shall not be included in the list unless his inclusion is approved by F467reference to prescribed criteria by the F465Health Authority in whose area those premises are situated; and

e

that F465that Health Authority may give their approval subject to conditions.

4

The regulations shall include provision conferring on such persons as may be prescribed rights of appeal from decisions made by virtue of this section.

5

The regulations shall be so framed as to preclude—

a

a person included in a list published under subsection (2)(a) above ;and (b) an employee of such a person; from taking part in the decision whether an application such as is mentioned in subsection (2)(c) above should be granted or an appeal against such a decision brought by virtue of subsection (4) above should be allowed.

43 Persons authorised to provide pharmaceutical services.

1

No arrangements shall be made by F468a Health Authority (except as may be provided by F469or under regulations) with a medical practitioner or dental practitioner under which he is required or agrees to provide pharmaceutical services to any person to whom he is rendering general medical services or general dental services.

2

No arrangements for the dispensing of medicines shall be made (except as may be provided by F469or under regulations) with persons other than persons who are registered pharmacists, or are persons lawfully conducting a retail pharmacy business in accordance with section 69 of the M71Medicines Act 1968 and who undertake that all medicines supplied by them under the arrangements made under this Part of this Act shall be dispensed either by or under the direct supervision of a registered pharmacist.

F4703

No arrangements for the provision of pharmaceutical services falling within section 41(d) F471, or additional pharmaceutical services provided in accordance with a direction under section 41A, above shall be made with persons other than those who are registered pharmacists or are of a prescribed description.

43ZAF48 Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists

1

The Secretary of State may by regulations provide—

a

that if a person is to be included in a list referred to in subsection (3), he is to be subject, while he remains included in the list, to conditions determined by the Health Authority,

b

for the Health Authority to vary that person’s terms of service for the purpose of or in connection with the imposition of any such conditions,

c

for the Health Authority to vary the conditions or impose different ones,

d

for the consequences of failing to comply with a condition (including removal from the list), and

e

for the review by the Health Authority of any decision made by virtue of the regulations.

2

The imposition of conditions must be with a view to—

a

preventing any prejudice to the efficiency of the services in question, or

b

preventing any acts or omissions within section 49F(3)(a) below.

3

The lists in question are—

a

a list of persons undertaking to provide general medical services,

b

a list of persons undertaking to provide general dental services,

c

a list of persons undertaking to provide general ophthalmic services,

d

a list of persons undertaking to provide pharmaceutical services.

4

If regulations provide for a practitioner’s removal from the list for breach of condition—

a

the regulations may provide that he may not withdraw from the list while the Health Authority are investigating whether there are grounds for exercising their power to remove him, or after the Health Authority have decided to remove him but before they have given effect to that decision; and

b

the regulations must include provision—

i

requiring the practitioner to be given notice of any allegation against him,

ii

giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his removal from the list, and

iii

requiring him to be given notice of the Health Authority’s decision and the reasons for it and of his right of appeal under subsection (5).

5

If regulations provide as mentioned in subsection (1), they must also provide for an appeal by the person in question to the FHSAA against the Health Authority’s decision—

a

to impose conditions, or any particular condition,

b

to vary a condition,

c

to vary his terms of service,

d

on any review of an earlier such decision of theirs,

e

to remove him from the list for breach of condition,

and the appeal shall be by way of redetermination of the Health Authority’s decision.

6

The regulations may provide for any such decision not to have effect until the determination by the FHSAA of any appeal against it, and must so provide in relation to a decision referred to in subsection (5)(e).

7

Regulations under this section may provide for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about persons whose inclusion in the lists referred to in subsection (3) is subject to conditions imposed under this section, and about the removal of such persons from such lists for breach of condition.

F500 Indemnity cover

Annotations:
Amendments (Textual)
F500

S. 43C and cross-heading inserted (1.4.2000) by 1999 c. 8, ss. 9(1); S.I. 1999/2793, art. 2(3)(b); S.I. 2000/1041, art. 2(a)

F4943C Indemnity cover.

1

Regulations may make provision for the purpose of securing that, in prescribed circumstances, prescribed Part II practitioners hold approved indemnity cover.

2

The regulations may, in particular, make provision as to the consequences of a failure to hold approved indemnity cover, including provision—

a

for securing that a person is not to be added to any list unless he holds approved indemnity cover;

b

for the removal from a list prepared by a Health Authority of a Part II practitioner who does not within a prescribed period after the making of a request by the Health Authority in the prescribed manner satisfy the Health Authority that he holds approved indemnity cover.

3

For the purposes of this section—

  • “approved body” means a person or persons approved in relation to indemnity cover of any description, after such consultation as may be prescribed, by the Secretary of State or by such other person as may be prescribed;

  • “approved indemnity cover” means indemnity cover made—

    1. a

      on prescribed terms; and

    2. b

      with an approved body;

  • “indemnity cover”, in relation to a Part II practitioner (or person who proposes to provide Part II services), means a contract of insurance or other arrangement made for the purpose of indemnifying him and any person prescribed in relation to him to any prescribed extent against any liability which—

    1. a

      arises out of the provision of Part II services in accordance with arrangements made by him with a Health Authority under this Part of this Act; and

    2. b

      is incurred by him or any such person in respect of the death or personal injury of a person;

  • “list” has the same meaning as in section 46 below;

  • “Part II practitioner” means a person whose name is on a list;

  • “Part II services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services;

  • “personal injury” means any disease or impairment of a person’s physical or mental condition and includes the prolongation of any disease or such impairment;

and a person holds approved indemnity cover if he has entered into a contract or arrangement which constitutes approved indemnity cover.

4

The regulations may provide that a person of any description who has entered into a contract or arrangement which is—

a

in a form identified in accordance with the regulations in relation to persons of that description; and

b

made with a person or persons so identified,

is to be treated as holding approved indemnity cover for the purposes of the regulations.

43DF50 Supplementary lists

1

The Secretary of State may make regulations providing for the preparation and publication by each Health Authority of one or more lists of persons approved by the Health Authority for the purpose of assisting in the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services.

2

Such a list is referred to in this section as a “supplementary list”.

3

The regulations may, in particular, include provision as to—

a

the Health Authority to which an application for inclusion in a supplementary list is to be made,

b

the procedure for applying for inclusion, including any information to be supplied to the Health Authority (whether by the applicant or by arrangement with him),

c

grounds on which the Health Authority may, or must, refuse a person’s application for inclusion in a supplementary list (including his unsuitability for inclusion in such a list), or on which they may defer their decision on the application,

d

requirements with which a person included in a supplementary list must comply (including the declaration of financial interests and of gifts and other benefits),

e

grounds on which a Health Authority may, or must, suspend or remove a person from a supplementary list, the procedure for doing so, and the consequences of doing so,

f

payments to or in respect of persons who are suspended from a supplementary list (including provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State),

g

the supply to the Health Authority by an applicant for inclusion in a supplementary list, or by a person included in one, of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,

h

circumstances in which a person included in a supplementary list may not withdraw from it,

i

criteria to be applied in making decisions under the regulations,

j

appeals against decisions of Health Authorities under the regulations,

k

the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a supplementary list, refusals of such applications, and suspensions and removals from that list.

4

The regulations may, in particular, also provide for—

a

a person’s inclusion in a supplementary list to be subject to conditions determined by the Health Authority,

b

the Health Authority to vary the conditions or impose different ones,

c

the consequences of failing to comply with a condition (including removal from the list), and

d

the review by the Health Authority of their decisions made by virtue of regulations under this subsection.

5

The imposition of such conditions must be with a view to—

a

preventing any prejudice to the efficiency of the services to which the supplementary list relates; or

b

preventing any acts or omissions of the type described in section 49F(3)(a) below.

6

Regulations made by virtue of subsection (3)(e) may (but need not) make provision corresponding to anything in sections 49F to 49N below.

7

If the regulations provide under subsection (3)(e) or (4) that a Health Authority may suspend or remove a person from a supplementary list, they must include provision—

a

requiring him to be given notice of any allegation against him;

b

giving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his suspension or removal; and

c

requiring him to be given notice of the Health Authority’s decision and the reasons for it and of any right of appeal under subsection (8) or (9).

8

If the regulations provide under subsection (3)(c) or (e) that a Health Authority may refuse a person’s application for inclusion in a supplementary list, or remove a person from one, the regulations must provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority’s decision.

9

If the regulations make provision under subsection (4), they must provide for an appeal (by way of redetermination) by the person in question to the FHSAA against the Health Authority’s decision—

a

to impose conditions, or any particular condition,

b

to vary a condition,

c

to remove him from the supplementary list for breach of condition,

d

on any review of an earlier such decision of theirs.

10

Regulations may require a person (“A”) included in—

a

a medical list,

b

a list referred to in section 36(1)(a),

c

a list referred to in section 39(1)(a),

d

a list referred to in section 42(2)(a), or

e

a list referred to in section 43(2A),

not to employ or engage a person (“B”) to assist him in the provision of the relevant service unless B is included in a list referred to in paragraphs (a) to (e), a supplementary list, a services list referred to in section 28DA above or section 8ZA of the National Health Service (Primary Care) Act 1997 (c. 46) or a list corresponding to a services list prepared by a Health Authority by virtue of regulations made under section 41 of the Health and Social Care Act 2001 (or, in any of those cases, such a list of a prescribed description).

11

If regulations do so require, they—

a

need not require both A and B to be included in lists prepared by the same Health Authority, but

b

may, in particular, require that both A and B be included in lists prepared by Health Authorities in England, or in lists prepared by Health Authorities in Wales.

Local representative committees

44 Recognition of local representative committees.

C761

Where F473a F474Health Authority are satisfied that a committee formed for F474their area is representative—

a

of the medical practitioners providing general medical services or general ophthalmic services in that F474area, or

b

of the dental practitioners providing general dental services in that F474area, or

c

of the ophthalmic opticians . . . F475 providing general ophthalmic services in that F474area, or

d

of the persons providing pharmaceutical services in that F474area,

F474the Health Authority may recognise that committee; and any committee so recognised shall be called the Local Medical Committee, the Local Dental Committee, the Local Optical Committee or the Local Pharmaceutical Committee, as the case may be, for the F474area concerned.

2

Any such committee may with the F476approval of the F477Health Authority delegate any of their functions, with or without restrictions or conditions, to sub-committees composed of members of that committee.

45 Functions of local representative committees.

1

The F478Health Authority for F478an area in respect of which committees are recognised under section 44 above shall, in exercising their functions under this Part of this Act, consult with those committees on such occassions and to such extent as may be prescribed; and those committees shall exercise such other functions as may be prescribed.

2

The F478Health Authority may, on the request of any committee recognised under section 44 for their F478area, allot to that committee such sums for defraying the committee’s administrative expenses (including travelling and subsistence allowances payable to its members) as may be determined by the F478Health Authority . . . F479

3

Any sums so allotted shall be out of the moneys available to the F478Health Authority for the remuneration of persons of whom the committee so recognised is representative and who provide general medical services, general dental services, general ophthalmic services or pharmaceutical services, as the case may be, under this Part of this Act.

The amount of any such sums shall be deducted from the remuneration of those persons in such manner as may be determined by the F478Health Authority . . . F479

Provisions as to disqualification of practitioners

46 Disqualification of practitioners.

1

There shall be a tribunal (in this section and sections 47 to F48049C below referred to as “the Tribunal”) which shall be constituted in accordance with Schedule 9 to this Act to inquire into cases where representations are made in the prescribed manner to the Tribunal by F481a Health Authority or any other person that the continued inclusion of a person’s name in a list prepared under this Part of this Act—

a

of medical practitioners undertaking to provide general medical services,

b

of medical practitioners undertaking to provide general ophthalmic services,

c

of dental practitioners undertaking to provide general dental services,

d

of ophthalmic opticians undertaking to provide general ophthalmic services,

F482e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

of persons undertaking to provide pharmaceutical services,

would be prejudicial to the efficiency of the services in question.

The supplementary provisions contained in Schedule 9 apply in relation to the Tribunal.

2

The Tribunal, on receiving representations from F481a Health Authority shall, and in any other case may, inquire into the case, and, if they are of opinion that the continued inclusion of that person’s name in any list to which the representations relate would be prejudicial to the efficiency of those services—

a

shall direct that his name be removed from that list; and

b

may also, if they think fit, direct that his name be removed from, or not be included in, any corresponding list kept by any F481other Health Authority under this Part F483, and

c

where they make a direction under paragraph (b) above, may also, if they think fit, declare that he is not fit to be engaged in any capacity in the provision of those services.

F4843

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4854

Subject to subsection (5) below, where the Tribunal direct that the name of any person be removed from or not included in any list or lists, the Health Authority or Health Authorities concerned shall remove the name of the person concerned from the list or lists in question.

5

Subsection (4) above shall not apply—

a

where no appeal is brought against the decision to make the direction, until the end of the period for bringing an appeal, and

b

where an appeal is brought against that decision, until the appeal process has been exhausted.

47 Removal of disqualification.

1

Any person whose name has been removed by a direction under section 46 above from any list or lists shall be disqualified for inclusion in any list to which that direction relates until the Tribunal F486. . . direct under this section to the contrary.

2

For the purpose of deciding whether or not to issue a direction under this section (or under paragraph 8 of Schedule 14 to this Act), the Tribunal F487. . . may hold an inquiry.

48 Disqualification provisions in Scotland or Northern Ireland.

Where—

a

under any provisions in force in Scotland or Northern Ireland corresponding to the provisions of this Part of this Act a person is for the time being disqualified for inclusion in all lists prepared under those provisions of persons undertaking to provide services of one or more of the kinds specified in section 46(1) above, then

b

that person shall, so long as that disqualifiction is in force, be disqualified for inclusion in a list prepared under this Part of persons undertaking to provide services of those kinds, and the name of that person shall be removed from every such list in which his name is included.

C7749 Regulations as to ss. 46 to 48.

Regulations shall provide—

a

for F488. . . inquiries F488. . . or the Secretary of State under sections 46 to 48 above F489to be held in accordance with such procedure as may be prescribed by or determined under the regulations, and for the making and determining of appeals to the Secretary of State under that procedure, and, in particular for F488. . . any person who is the subject of such an inquiry F490to have an opportunity—

i

of appearing, either in person or by counsel or solicitor or such other representative as may be prescribed, before the Tribunal and, in the case of an inquiry by, or appeal to, the Secretary of State before a person appointed by the Secretary of State, and

ii

of being heard by the Tribunal or the person so appointed and of calling witnesses and producing other evidence on his behalf,

and F490for the hearing, whether by the Tribunal or the person so appointed F490to be in public if the person who is the subject of the inquiry so requests;

b

for conferring on the Tribunal and on any person so appointed such powers as the Secretary of State considers necessary, and for that purpose to apply, with any necessary modifications, any of the provisions of section 250 of the M73Local Government Act 1972; and

c

for the publication of the decisions of the Tribunal and the Secretary of State under this section and of the imposition and removal of any disqualifications imposed under section 48 above.

49AF491 Applications for interim suspension.

1

A Health Authority who have made representations under section 46 above may, at any time before the case is disposed of by the Tribunal, apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the case relates.

2

If, on an application under this section, the Tribunal are satisfied that it is necessary to do so in order to protect patients, they shall direct that subsection (3) below shall apply to the person concerned as respects services of the kind to which the case in question relates.

3

A person to whom this subsection applies shall—

a

be deemed to have been removed from any relevant list in which his name is included,

b

be disqualified for inclusion in any relevant list in which his name is not included, and

c

be deemed to be a person in relation to whom there is in force a declaration under section 46(2)(c) above concerning his fitness to be engaged in the provision of services of the relevant kind.

4

A direction under subsection (2) above shall cease to have effect on the Tribunal’s disposing of the case in connection with which it is made.

5

In subsection (2) above, the reference to patients is to persons to whom services of the kind to which the case in question relates are, or may be, provided under this Part of this Act.

6

In the application of subsection (3) above to any person—

a

“relevant list” means a list prepared under this Part of this Act of persons undertaking to provide services of the kind to which the direction applying the subsection to him relates, and

b

“services of the relevant kind” means services of the kind to which that direction relates.

F49249B Continuation of suspension pending appeal.

1

Where—

a

on disposing of a case under section 46 above, the Tribunal make a direction under subsection (2)(b) of that section, and

b

the person to whom the direction relates is a person to whom section 49A(3) above would, apart from this section, cease to apply on the disposal of the case,

the Tribunal may, if they consider it necessary to do so in order to protect patients, direct that that provision shall continue to apply to him as respects services of the kind to which the direction under section 46(2)(b) above relates.

2

A direction under subsection (1) above shall cease to have effect—

a

where no appeal against the direction under section 46(2)(b) above is brought, at the end of the period for bringing an appeal, and

b

where an appeal against that direction is brought, when the appeal process has been exhausted.

3

Where the power conferred by subsection (1) above is exercisable by virtue of a direction which is not coupled with a declaration under section 46(2)(c) above, section 49(A)(3) above shall have effect, in relation to the exercise of that power, with the omission of paragraph (c).

4

In subsection (1) above, the reference to patients is to persons to whom services of the kind to which the direction under section 46(2)(b) above relates are, or may be, provided under this Part of this Act.

F49349C Sections 49A and 49B: procedure etc.

1

Before making a direction under section 49A(2) or 49B(1) above in relation to any person, the Tribunal shall give him an opportunity—

a

to appear before them, either in person or by counsel or solicitor or such other representative as may be prescribed, and

b

to be heard and to call witnesses and produce other evidence.

2

Regulations may—

a

make provision for, or for the determination of, procedure in relation to determining applications under section 49A above or the exercise of the power conferred by section 49B(1) above, and

b

provide for the functions of the Tribunal under section 49A or 49B above to be carried out, or to be carried out in prescribed circumstances, by the chairman or a deputy chairman of the Tribunal.

F49449D Suspension provisions in Scotland or Northern Ireland.

1

This section applies where, under any provisions in force in Scotland or Northern Ireland corresponding to section 49A or 49B above, a person (“the practitioner”) is disqualified for inclusion in all lists prepared under the provisions in force there corresponding to the provisions of this Part of this Act of persons undertaking to provide services of one or more of the kinds specified in section 46(1) above, other than those in which his name is included.

2

The practitioner shall, while he is so disqualified—

a

be disqualified for inclusion in any list prepared under this Part of this Act of persons undertaking to provide services of the same kinds (“relevant list”) in which his name is not included, and

b

be deemed to have been removed from any relevant list in which his name is included.

F49549E Payments in consequence of suspension.

1

Regulations may provide for the making to persons to whom section 49A(3) or 49D(2) above applies of payments in consequence of the application of that provision.

2

Regulations under subsection (1) above may provide for the determination by the Secretary of State in a prescribed manner of anything for which provision may be made by regulations under that subsection.

F5149F Disqualification of practitioners

1

If it appears to a Health Authority that any of the conditions set out in subsections (2) to (4) is established in relation to a person included in any of the following prepared by them—

a

a list of medical practitioners undertaking to provide general medical services,

b

a list of medical practitioners undertaking to provide general ophthalmic services,

c

a list of dental practitioners and dental corporations undertaking to provide general dental services,

d

a list of ophthalmic opticians undertaking to provide general ophthalmic services, or

e

a list of persons undertaking to provide pharmaceutical services,

(such a person being referred to in this group of sections as a “practitioner”), they may (or, in cases falling within subsection (6), must) decide to remove him from that list.

2

The first condition is that the continued inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the list undertake to provide (and such a case is referred to in this group of sections as an “efficiency case”).

3

The second condition is that the person concerned—

a

has (whether on his own or together with another) by an act or omission caused, or risked causing, detriment to any health scheme by securing or trying to secure for himself or another any financial or other benefit, and

b

knew that he or (as the case may be) the other was not entitled to the benefit,

(and such a case is referred to in this group of sections as a “fraud case”).

4

The third condition is that the person concerned is unsuitable to be included in the list (and such a case is referred to in this group of sections as an “unsuitability case”).

5

“This group of sections” means this section and sections 49G to 49R below.

6

In unsuitability cases, the Health Authority must remove the practitioner from the list in prescribed circumstances.

7

The Health Authority must state which condition (or conditions) they are relying on when removing a practitioner from a list.

C218

In subsection (3), “health scheme” means—

a

any of the health services under section 1(1) above or any corresponding enactment extending to Scotland or Northern Ireland, and

b

any prescribed scheme,

and regulations may prescribe any scheme for the purposes of this subsection which appears to the Secretary of State to be a health or medical scheme paid for out of public funds.

9

Detriment to a health scheme includes detriment to any patient of, or person working in, that scheme or any person liable to pay charges for services provided under that scheme.

49GF52Contingent removal

1

In an efficiency case or a fraud case, the Health Authority may, instead of deciding to remove a practitioner from their list, decide to remove him contingently.

2

If they so decide, they must impose such conditions as they may decide on his inclusion in the list with a view to—

a

removing any prejudice to the efficiency of the services in question (in an efficiency case), or

b

preventing further acts or omissions within section 49F(3)(a) above (in a fraud case).

3

If the Health Authority determine that the practitioner has failed to comply with a condition, they may decide to—

a

vary the conditions, or impose different conditions, or

b

remove him from their list.

4

The Health Authority may decide to vary the terms of service of the person concerned for the purpose of or in connection with the imposition of any conditions by virtue of this section.

49HF53 Fraud and unsuitability cases: supplementary

1

Where the practitioner is a body corporate, the body corporate is to be treated for the purposes of this group of sections as meeting the second or third condition referred to in section 49F(3) and (4) above—

a

in the case of an ophthalmic optician not referred to in paragraph (b) or a dental corporation, if any director meets that condition (whether or not he first did so when he was a director), and

b

in the case of a body corporate carrying on a retail pharmacy business or an ophthalmic optician which is a limited liability partnership, if any one of the body of persons controlling the body meets that condition (whether or not he first did so when he was such a person).

2

A practitioner is to be treated for the purposes of this group of sections as meeting the condition referred to in section 49F(3) above if—

a

another person, because of an act or omission of his occurring in the course of providing any services mentioned in section 49F(1) above on the practitioner’s behalf, meets that condition; and

b

the practitioner failed to take all such steps as were reasonable to prevent acts or omissions within section 49F(3)(a) above occurring in the course of the provision of those services on his behalf.

49IF54 Suspension

1

If the Health Authority are satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest, they may suspend a practitioner from their list—

a

while they decide whether or not to exercise their powers under section 49F or 49G (other than in circumstances falling within paragraph (b)), or

b

while they wait for a decision affecting the practitioner of a court or of a body which regulates—

i

the practitioner’s profession,

ii

the profession of a person providing any of the services mentioned in section 49F(1) on the practitioner’s behalf, or

iii

if the practitioner is a body corporate, the profession of one of its directors or, as the case may be, one of the body of persons controlling it or (if it is a limited liability partnership) one of its members,

or one of that regulatory body’s committees.

2

The references in subsection (1)(b) to a court or regulatory body are to a court or such a body anywhere in the world.

3

In a case falling within subsection (1)(a), the Health Authority must specify how long the period of suspension is to be.

4

In a case falling within subsection (1)(b), the Health Authority may specify that the practitioner shall remain suspended after the decision referred to there for an additional period which the Health Authority must specify.

5

In either case—

a

before that period expires they may extend, or further extend, the suspension for a further specified period, or

b

if that period has expired, they may impose a further suspension, for a period which they must specify.

6

The period of suspension (in a subsection (1)(a) case) or the additional period (in a subsection (1)(b) case), including in both cases the period of any further suspension imposed under subsection (5)(b), may not exceed six months in aggregate, except—

a

in prescribed circumstances, when it may not extend beyond any prescribed event (which may be the expiry of a prescribed period),

b

if, on the application of the Health Authority, the FHSAA orders accordingly before the expiry of the period of suspension, or

c

if the Health Authority have applied under paragraph (b) before the expiry of the period of suspension, but the FHSAA has not made an order by the time it expires, in which case it continues until the FHSAA has made an order.

7

If the FHSAA does so order, it shall specify—

a

the date on which the period of suspension is to end, or

b

an event beyond which it is not to continue.

8

The FHSAA may, on the application of the Health Authority, make a further order (complying with subsection (7)) at any time while the period of suspension pursuant to the earlier order is still continuing.

9

The Secretary of State may make regulations providing for payments to practitioners who are suspended.

10

Those regulations may include provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State.

49JF55 Suspension pending appeal

1

This section applies if the Health Authority decide to remove a practitioner from a list under section 49F.

2

In such a case they may also decide to suspend the practitioner from the list pending any appeal by him, if they are satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest.

3

If they do suspend the practitioner under this section, the suspension has effect from the date when the Health Authority gave him notice of the suspension.

4

The suspension has effect until its revocation under subsection (5) or (6) or, if later, until the expiry of the period of 28 days referred to in section 49M(1) below, or, if the practitioner appeals under section 49M, until the FHSAA has disposed of the appeal.

5

The Health Authority may revoke a suspension imposed under this section.

6

If the practitioner appeals under section 49M against the Health Authority’s decision to remove him from the list, the FHSAA may also revoke a suspension imposed on him under this section.

7

Subsections (9) and (10) of section 49I above apply for the purposes of this section as they apply for the purposes of that.

49KF56 Effect of suspension

While a practitioner is suspended (whether under section 49I or under section 49J above) he is to be treated as not being included in the list from which he has been suspended even though his name appears in it.

49LF57 Review of decisions

1

The Health Authority may, and (except in prescribed cases) if requested in writing to do so by the practitioner must, review a contingent removal or a suspension (other than a contingent removal or a suspension imposed by, or a suspension continuing pursuant to, an order of the FHSAA, or a suspension imposed under section 49J above).

2

The practitioner may not request a review before the expiry of the period of—

a

three months beginning with the date of the Health Authority’s decision to suspend or contingently remove him, or (as appropriate),

b

six months beginning with the date of their decision on the previous review.

3

On such a review, the Health Authority may—

a

confirm the contingent removal or the suspension,

b

in the case of a suspension, terminate it,

c

in the case of a contingent removal, vary the conditions, impose different conditions, revoke the contingent removal, or remove the practitioner from the list.

49MF58 Appeals

1

A practitioner may appeal to the FHSAA against a decision of a Health Authority mentioned in subsection (2) by giving notice in writing to the FHSAA within the period of 28 days beginning with the date on which the Health Authority gave him notice of the decision.

2

The Health Authority decisions in question are—

a

to remove the practitioner from a list (under section 49F or 49G(3) or under subsection (5)(b) of this section),

b

to remove him contingently (under section 49G),

c

to impose any particular condition under section 49G, or to vary any condition or to impose any different condition under that section,

d

to vary his terms of service (under section 49G(4)),

e

any decision on a review of a contingent removal under section 49L.

3

The appeal shall be by way of redetermination of the Health Authority’s decision.

4

On an appeal, the FHSAA may make any decision which the Health Authority could have made.

5

If the FHSAA decides to remove the practitioner contingently—

a

the Health Authority and the practitioner may each apply to the FHSAA for the conditions imposed on the practitioner to be varied, for different conditions to be imposed, or for the contingent removal to be revoked, and

b

the Health Authority may remove him from their list if they determine that he has failed to comply with a condition.

6

The Health Authority shall not remove a person from a list, or impose a contingent removal—

a

until the expiry of the period of 28 days referred to in subsection (1), or

b

if the practitioner appeals within that period, until the FHSAA has disposed of the appeal.

7

Regulations may provide for payments by Health Authorities to practitioners who are removed from lists pursuant to decisions of the FHSAA under this section, but whose appeals against those decisions are successful.

49NF59 National disqualification

1

If the FHSAA removes the practitioner from a list, it may also decide to disqualify him from inclusion in—

a

all lists referred to in section 49F(1)(a) to (e) prepared by all Health Authorities,

b

all supplementary lists prepared by all Health Authorities, and

c

all services lists prepared by all Health Authorities under section 28DA above or under section 8ZA of the National Health Service (Primary Care) Act 1997 (c. 46), or any list corresponding to a services list prepared by any Health Authority by virtue of regulations made under section 41 of the Health and Social Care Act 2001,

or only from inclusion in one or more descriptions of such lists prepared by all Health Authorities, the description being specified by the FHSAA in its decision.

2

A decision by the FHSAA to do what is mentioned in subsection (1) is referred to in this section as the imposition of a national disqualification.

3

The FHSAA may also impose a national disqualification on a practitioner if it dismisses an appeal by him against a Health Authority’s refusal to include him in such a list (or, in the case of a medical list, to nominate or approve him for inclusion in it).

4

The Health Authority may apply to the FHSAA for a national disqualification to be imposed on a person after they have—

a

removed him from a list of theirs of any of the kinds referred to in subsection (1)(a) to (c), or

b

refused to include him in such a list (or, in the case of a medical list, to nominate or approve him for inclusion in it).

5

Any such application must be made before the end of the period of three months beginning with the date of the removal or of their refusal.

6

If the FHSAA imposes a national disqualification on a person—

a

no Health Authority may include him in a list of any of the kinds from which he has been disqualified from inclusion prepared by them, and

b

if he is included in such a list, each Health Authority in whose list he is included must remove him from it.

7

The FHSAA may at the request of the person upon whom it has been imposed review a national disqualification, and on a review may confirm it or revoke it.

C228

Subject to subsection (9), the person may not request such a review before the end of the period of—

a

two years beginning with the date on which the national disqualification was imposed, or

b

one year beginning with the date of the FHSAA’s decision on the last such review.

9

The Secretary of State may provide in regulations for subsection (8) to have effect in prescribed circumstances as if the reference there to “two years” or “one year” were a reference to a different period specified in the regulations.

49OF60 Notification of decisions

Regulations may require a Health Authority to notify prescribed persons, or persons of prescribed descriptions, of any decision they make under this group of sections, and of any information relevant to the decision which they consider it appropriate to include in the notification.

49PF61 Withdrawal from lists

Regulations may provide for circumstances in which a practitioner—

a

whom a Health Authority are investigating in order to see whether there are grounds for exercising their powers under section 49F, 49G or 49I,

b

whom a Health Authority have decided to remove from a list under section 49F or 49G, or contingently remove under section 49G, but who has not yet been removed or contingently removed, or

c

who has been suspended under section 49I,

may not withdraw from a list in which he is included.

49QF62 Regulations

1

Any decision by a Health Authority referred to in this group of sections shall be reached in accordance with regulations made by the Secretary of State about such decisions.

2

The regulations shall include provision—

a

requiring the practitioner to be given notice of any allegation against him,

b

giving him the opportunity of putting his case at a hearing before a Health Authority make any decision affecting him under this group of sections,

c

requiring him to be given notice of the Health Authority’s decision and the reasons for it and of any right of appeal which he may have.

3

The regulations may, in particular, make provision as to criteria which the Health Authority must apply when making decisions in unsuitability cases.

49RF63 Corresponding provision in Scotland and Northern Ireland

1

This section applies where it appears to the Secretary of State that there is provision in Scotland or Northern Ireland under which a person may be dealt with in any way which corresponds (whether or not exactly) with a way in which a person may be dealt with under this group of sections.

2

A decision in Scotland or Northern Ireland to deal with such a person in such a way is referred to in this section as a “corresponding decision”.

3

If this section applies, the Secretary of State may make regulations providing for the effect to be given in England and Wales to a corresponding decision.

4

That effect need not be the same as the effect of the decision in the place where it was made.

5

The regulations may not provide for a corresponding decision to be reviewed or revoked in England and Wales.

F65 The Family Health Services Appeal Authority

Annotations:
Amendments (Textual)
F65

S. 49S and cross-heading inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 27(1), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4, Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3 (subject to art. 3(2))

F6449S The Family Health Services Appeal Authority

1

There shall be a body to be known as the Family Health Services Appeal Authority (“FHSAA”).

2

The FHSAA shall be constituted in accordance with Schedule 9A to this Act, which also makes other provision in relation to the FHSAA.

3

The FHSAA shall have such functions as are conferred on it by this Act or by any other enactment.

4

The Secretary of State may direct the FHSAA to exercise any of his functions relating to the determination of appeals to him which are specified in the directions.

5

Directions under subsection (4) shall be given by regulations or by an instrument in writing.

6

The Secretary of State may make available to the FHSAA any facilities (including the use of any premises) provided by him or by a Special Health Authority or NHS trust for any service under this Act, and the services of persons employed by the Secretary of State or by a Special Health Authority or NHS trust.

7

Subsections (1) to (3) of section 27 above apply in relation to the services of persons employed by a Special Health Authority and made available under subsection (6) as they apply in relation to the services of officers of Special Health Authorities to be made available under section 26 above.

8

For the purposes of subsection (6)—

a

the Secretary of State may give directions to an NHS trust requiring it to make facilities or the services of persons available as mentioned there; but

b

subsections (1) and (2) of section 27 above apply in relation to the services of such persons as they apply in relation to the services of officers to be made available by virtue of section 26 above by a Health Authority, Special Health Authority or Primary Care Trust.

Other provisions supplementary to Part II

50 Exercise of choice of practitioner in certain cases.

Regulations may provide that, where a right to choose the person by whom services are to be provided under this Part of this Act is conferred by or under this Part, that right shall, in the case of such persons as may be specified in the regulations, be exercised on their behalf by other persons so specified.

51 University clinical teaching and research.

F4961

It is the Secretary of State’s duty to F497exercise his functions under this Act and Part I of the M74National Health Service and Community Care Act 1990 so as to secure that there are made available such facilities as he considers are reasonably required by any university which has a medical or dental school, in connection with clinical teaching and with research connected with clinical medicine or, as the case may be, clinical dentistry.

F4982

Regulations may provide for any functions exercisable by a Health Authority or Special Health Authority in relation to the provision of facilities such as are mentioned in subsection (1) above to be exercisable by the Health Authority or Special Health Authority jointly with one or more other relevant health service bodies.

3

For the purposes of subsection (2) above the following are relevant health service bodies—

a

Health Authorities;

b

Special Health Authorities; and

c

NHS trusts.

C2352 Use of accommodation.

If the Secretary of State considers that any accommodation provided by him by virtue of this Act is suitable for use in connection with the provision of general medical services, general dental services, general ophthalmic services or pharmaceutical services he may make the accommodation available on such terms as he thinks fit to persons providing any of those services.

53 Immunisation.

Where the Secretary of State arranges with medical practitioners for the vaccination or immunisation of persons against disease, he shall so far as reasonably practicable give every medical practitioner providing general medical services an opportunity to participate in the arrangements.

54 Prohibition of sale of medical practices.

1

Where the name of any medical practitioner is or has been at any time entered on any list of medical practitioners undertaking to provide general medical services, it shall be unlawful subsequently to sell the goodwill or any part of the goodwill of the medical practice of that medical practitioner.

This subsection is subject to subsections (2) and (3) below; and the additional provisions contained in Schedule 10 to this Act have effect for the purposes of this section.

F4992

Subsection (1) above does not render unlawful the sale by a medical practitioner of the whole or part of the goodwill of a medical practice (or part of a medical practice) if—

a

his name has ceased to be entered on any list of medical practitioners undertaking to provide general medical services; and

b

he has not at any time carried on the practice (or the part of the practice) anywhere which was, at a time when he provided services pursuant to arrangements with any Council, Committee or Authority, within the area, district or locality of the Council, Committee or Authority.

3

Subsection (1) above does not render unlawful the sale of, or of any part of, the goodwill of a medical practice by a medical practitioner by reason only that the goodwill, or any part of the goodwill, to be sold is attributable to a practice previously carried on by a person whose name was entered on a list of medical practitioners undertaking to provide general medical services.

4

In this section “general medical services” includes the services so described provided pursuant to the provisions of the M75National Health Service Act 1946, the M76National Health Service Reorganisation Act 1973 or this Act by arrangement with any Council, Committee or Authority.

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

56 Inadequate services.

If the Secretary of State is satisfied, after such inquiry as he may think fit, as respects F67the area, or part of the area, of a Health Authority that the persons whose names are included in any list prepared under this Part of this Act—

a

of medical practitioners undertaking to provide general medical services,

b

of dental practitioners undertaking to provide general dental services,

c

of persons undertaking to provide general ophthalmic services, or

d

of persons undertaking to provide pharmaceutical services,

are not such as to secure the adequate provision of the services F68in question in that area or part, or that for any other reason any considerable number of persons in any such area or part are not receiving satisfactory services under the arrangements in force under this Part, then—

F69i

he may authorise F70the Health Authority to make such other arrangements as he may approve, or may himself make such other arrangements, and

ii

he may dispense with any of the requirements of regulations made under this Part so far as appears to him necessary to meet exceptional circumstances and enable such arrangements to be made.

Part III Other Powers of the Secretary of State as to theHealth Service

Control of maximum prices for medical supplies

57 Maximum price of medical supplies may be controlled.

1

The Secretary of State may by order provide for controlling maximum prices to be charged for any medical supplies required for the purposes of this Act.

2

The Secretary of State may by direction given with respect to any undertaking, or by order made with respect to any class or description of undertakings, being an undertaking or class or description of undertakings concerned with medical supplies required for the purposes of this Act, require persons carrying on the undertaking or undertakings of that class or description—

a

to keep such books, accounts and records relating to the undertaking as may be prescribed by the direction or, as the case may be, by the order or a notice served under the order;

b

to furnish at such times, in such manner and in such form as may be so prescribed such estimates, returns or information relating to the undertaking as may be so prescribed.

3

The additional provisions set out in Schedule 11 to this Act have effect in relation to this section; and

  • “medical supplies” in this section includes surgical, dental and optical materials and equipment; and

  • “undertaking” in this section and that Schedule means any public utility undertaking or any undertaking by way of trade or business.

Additional powers as to services and supplies; and the use of those services and supplies for private patients

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

62 Restriction of powers under ss. 25, 58 and 61.

The Secretary of State shall exercise the powers conferred on him by the provisions of section 25 above (supplies not readily obtainable) . . . F74only if and to the extent that he is satisfied that anything which he proposes to do or allow under those powers—

a

will not to a significant extent interfere with the performance by him of any duty imposed on him by this Act to provide accommodation or services of any kind; and

b

will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than as private patients.

Further provisions as to payments by patients for health service accommodation and services

C2463 Hospital accommodation on part payment.

1

The Secretary of State may authorise the accommodation described in this section to be made available, F75for patients to such extent as he may determine, and may recover such charges as he may determine in respect of such accommodation and calculate them on any basis that he considers to be the appropriate commercial basis.

The accommodation mentioned above is—

a

in single rooms or small wards which is not for the time being needed by any patient on medical grounds;

b

at any health service hospital or group of hospitals, or a hospital in which patients are treated under arrangements made by virtue of section 23 above, or at the health service hospitals in a particular area or a hospital in which patients are so treated.

F761C

References in subsection (1) above to a health service hospital do not include references to a hospital vested in an NHS trust.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

64 Expenses payable by remuneratively employed resident patients.

The Secretary of State may require any person—

a

who is a resident patient for whom the Secretary of State provides services under this Act; and

b

who is absent during the day for the purpose of engaging in remunerative employment from the hospital where he is a patient,

to pay such part of the cost of his maintenance in the hospital and any incidental cost as may seem reasonable to the Secretary of State having regard to the amount of that person’s remuneration, and the Secretary of State may recover the amount so required.

65F501 Accommodation and services for private patients.

C781

F502Subject to the provisions of this section, to such extent as they may determine, a F503Health Authority or Special Health Authority may make available at a hospital or hospitals for which they have responsibility accommodation and services, for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation and services made F504available, such charges as the Health Authority or Special Health Authority may determine and may make and recover such charges as they may determine in respect of such accommodation and services and calculate those charges on any basis that they consider to be the appropriate commercial basis; but they shall do so only if and to the extent that they are satisfied that to do so—

a

will not to a significant extent interfere with the performance by F505the Health Authority or Special Health Authority of any function conferred on them under this Act to provide accommodation or services of any kind; and

b

will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than under this section.

F5061A

Before determining to make any accommodation or services available as mentioned in subsection (1) above, a F507Health Authority or Special Health Authority shall consult organisations representative of the interests of persons likely to be affected by the determination.

2

F508A Health Authority or Special Health Authority may allow accommodation and services F509which are made available under subsection (1) above to be so made available in connection with treatment, in pursuance of arrangements made by a medical practitioner or dental practitioner serving (whether in an honorary or paid capacity) on the staff of a health service hospital for the treatment of private patients of that practitioner.

F5103

The Secretary of State may give directions to a F511Health Authority or Special Health Authority in relation to the exercise of its functions under this section; and it shall be the duty of F512a Health Authority or Special Health Authority to whom directions are so given to comply with them.

F5134

References in the preceding provisions of this section to a health service hospital do not include references to a hospital vested in an NHS trust.

66A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

Use by practitioners of health service facilities for private Practice

72 Permission for use of facilities in private practice.

C251

A person to whom this section applies who wishes to use any relevant health service accommodation or facilities for the purpose of providing medical, dental, pharmaceutical, ophthalmic or chiropody services to non-resident private patients may apply in writing to the Secretary of State for permission under this section.

2

Any application for permission under this section must specify—

a

which of the relevant health service accommodation or facilities the applicant wishes to use for the purpose of providing services to such patients; and

b

which of the kinds of services mentioned in subsection (1) above he wishes the permission to cover.

C253

On receiving an application under this section the Secretary of State—

a

shall consider whether anything for which permission is sought would interfere with the giving of full and proper attention to persons seeking or afforded access otherwise than as private patients to any services provided under this Act; and

b

shall grant the permission applied for unless in his opinion anything for which permission is sought would so interfere.

C254

Any grant of permission under this section shall be on such terms (including terms as to the payment of charges for the use of the relevant health service accommodation or facilities pursuant to the permission) as the Secretary of State may from time to time determine.

5

The persons to whom this section applies are—

a

persons of any of the following descriptions who provide services under Part II of this Act, namely, medical practitioners, dental practitioners, registered pharmacists, and ophthalmic . . . F80 opticians; and

b

other persons who provide pharmaceutical or ophthalmic services under Part II; and

c

chiropodists who provide services under this Act at premises where services are provided under Part II.

6

In this section—

a

“relevant health service accommodation or facilities”, in relation to a person to whom this section applies, means any accommodation or facilities available at premises provided by the Secretary of State by virtue of this Act, being accommodation or facilities which that person is for the time being authorised to use for purposes of Part II; or

b

in the case of a person to whom this section applies by virtue of paragraph (c) of subsection (5) above, accommodation or facilities which that person is for the time being authorised to use for purposes of this Act at premises where services are provided under Part II.

73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

Regulations as to certain charges

77 Charges for drugs, medicines or appliances, or pharmaceutical services.

1

Regulations may provide for the making and recovery in such manner as may be prescribed of such charges as may be prescribed in respect of—

a

the supply under this Act (otherwise than under Part II) of drugs, medicines or appliances (including the replacement and repair of those appliances),

b

such of the pharmaceutical services referred to in Part II as may be prescribed,

and paragraph (a) and (b) of this subsection may include the supply of substances and appliances mentioned in paragraph (b) of section 5(1) above.

2

Regulations under subsection (1) above may provide for the grant, on payment of such sums as may be prescribed by those regulations, of certificates conferring on the persons to whom the certificates are granted exemption from charges otherwise exigible under the regulations in respect of drugs, medicines and appliances supplied during such period as may be prescribed, and different sums may be so prescribed in relation to different periods.

3

The additional provisions of paragraphs 1 and 4 of Schedule 12 to this Act have effect in relation to this section.

78 Charges for dental or optical appliances.

1

Regulations may provide for the making and recovery in such manner as may be prescribed of charges of such amounts as are mentioned in sub-paragraph (1) of paragraph 2 of Schedule 12 to this Act, in respect of the supply under the Act of such . . . F82optical appliances as are mentioned in that sub-paragraph.

F831A

Regulations may provide for the making and recovery in such manner as may be prescribed of charges of amounts calculated in accordance with section 79A below in respect of the supply under this Act of dentures and other dental appliances of prescribed descriptions.

2

If the Secretary of State, after consultation with the university associated with any hospital providing facilities for clinical dental teaching, is satisfied that it is expedient in the interests of dental training or education that the charges imposed by subsection F84(1A) above should be remitted in the case of dental services provided at that hospital, either generally or subject to limitations or conditions, he may by order provide for that purpose.

Any order made under this subsection may be revoked or varied by a subsequent order made by the Secretaryof State after such consultation as is mentioned above.

3

The additional provisions of paragraphs 2 and 5 of Schedule 12 have effect in relation to this section.

79 Charges for dental treatment.

C261

A charge of F85an amount calculated in accordance with section 79A below may be made and recovered, in such manner as may be prescribed, in respect of any services provided as part of the general dental services under Part II of this Act, not being—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

b

the repair of appliances other than prescribed appliances;

c

the arrest of bleeding; . . . F86

d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

The additional provisions of paragraphs 3 and 5 of Schedule 12 have effect in relation to this subsection.

2

Regulations may provide that, in the case of such special dental treatment as may be prescribed, being treatment provided as part of the general dental services, such charges as may be prescribed may be made and recovered by the person providing the services.

79AF87 Calculation of charges for dental appliances and treatment.

‐

1

Subject to the following provisions of this section, regulations may make such provision as to the amount of any charge—

a

authorised by section 78(1A) above for the supply of dentures or other dental appliances; or

b

authorised by section 79 above for the provision of services,

as appears to the Secretary of State to be appropriate.

2

Without prejudice to the generality of subsection (1) above, regulations may provide that any charge which is so authorised in respect of appliances or services supplied or provided under Part II of this Act—

a

shall be of an amount equal—

i

to the practitioner’s remuneration in respect of the supply or provision; or

ii

to any part of that remuneration; or

b

shall be otherwise calculated by reference to that remuneration.

3

Without prejudice to the generality of subsection (1) above, regulations may provide that any charge which is authorised in respect of appliances supplied otherwise than under Part II of this Act—

a

shall be of an amount equal—

i

to the remuneration a practitioner would receive for a supply under that Part of this Act of equivalent appliances, or

ii

to any part of such remuneration; or

b

shall be otherwise calculated by reference to such remuneration.

4

The charge shall not exceed the amount which the Secretary of State considers to be the cost to the health service of the supply or provision.

5

In this section “cost to the health service” does not include—

a

any fee in respect of a visit by a practitioner to a patient; or

b

any fee or part of a fee payable by a patient in pursuance of regulations under section 79(2) above or section 81(b) or 82(b) below.

80 Charges for designated facilities.

Regulations may provide for the making and recovery of charges in respect of facilities designated by the regulations as facilities provided in pursuance of paragraph (d) or paragraph (e) of section 3(1) above.

81 Charges for more expensive supplies.

Regulations may provide for the making and recovery of such charges as may be prescribed—

a

by the Secretary of State F514or an NHS trust in respect of the supply by him F515or, as the case may be, by the trust of any appliance or vehicle which is, at the request of the person supplied, of a more expensive type than the prescribed type, or in respect of the replacement or repair of any such appliance, or the replacement of any such vehicle, or the taking of any such action in relation to the vehicle as is mentioned in paragraph 1 of Schedule 2 to this Act;

b

by persons providing general dental services . . . F516 in respect of the supply, as part of those services, of any dental . . . F516 appliance which is, at the request of the person supplied, of a more expensive type than the prescribed type or in respect of the replacement or repair of any such appliance.

82 Charges for repairs and replacements in certain cases.

Regulations may provide for the making and recovery of such charges as may be prescribed—

a

by the Secretary of State F517or an NHS trust in respect of the replacement or repair of any appliance or vehicle supplied by him F518or, as the case may be, by the trust, or

b

by persons providing general dental services . . . F519 in respect of the replacement or repair of any dental . . . F519 appliance supplied as part of those services,

if it is determined in the prescribed manner that the replacement or repair is necessitated by an act or omission of the person supplied or (if the act or omission occurred when the person supplied was under 16 years of age) of the person supplied or of the person having charge of him when the act or omission occurred.

83 Sums otherwise payable to those providing services.

Regulations made—

a

under sections 77 to 79 and under sections 81 and 82 above providing for the making and recovery of charges in respect of any services, may provide for the reduction of the sums which would otherwise be payable by F520a Health Authority or Special Health Authority to the persons by whom those services are provided by the amount of the charges authorised by the regulations in respect of those services;

b

for the purposes of section 78(1) in relation to appliances provided as part of the general dental services . . . F521 under Part II of this Act, may provide for the reduction of the sums which would otherwise be payable by F522a Health Authority or Special Health Authority to the persons by whom those services are provided by the amount of the charges authorised by section 78(1) in respect of those appliances.

83AF523 Remission and repayment of charges and payment of travelling expenses.

1

Regulations may provide in relation to prescribed descriptions of persons—

a

for the remission or repayment of the whole or any part of any charges which would otherwise be payable by them in pursuance of section 77(1) above, section 78(1) F524or (1A) above or section 79 above; and

b

for the payment by the Secretary of State F525or an NHS trust in such cases as may be prescribed of travelling expenses (including the travelling expenses of a companion) incurred or to be incurred for the purpose of their availing themselves of any services provided under this Act F525and

F526c

for the reimbursement by a F527Health Authority to an NHS trust and, in such cases as may be prescribed to another F527Health Authority, of payments made by virtue of exercising the functions conferred under paragraph (b) above.

2

Descriptions of persons may be prescribed for the purposes of paragraph (a) or (b) of subsection (1) above by reference to any criterion and, without prejudice to the generality of this subsection, by reference to any of the following criteria—

a

their age;

b

the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition;

c

the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances;

d

their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit;

e

the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits; and

f

the relationship, as calculated in accordance with the regulations by a prescribed person, between their resources and their requirements.

3

Regulations under this section may direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this subsection, may direct that they shall be calculated—

a

by a method set out in the regulations;

b

by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications;

c

by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament; or

d

by reference to the person’s being or having been entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.

4

Regulations under this section which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference is to be construed as a reference to that Act or instrument—

a

as it has effect at the time when the regulations are made; or

b

both as it has effect at that time and as amended subsequently.

Inquiries, and default and emergency powers

84 Inquiries.

1

The Secretary of State may cause an inquiry to be held in any case where he deems it advisable to do so in connection with any matter arising under this Act F528or Part I of the National Health Service and Community Care Act 1990.

C792

For the purpose of any such inquiry (but subject to subsection (3) below) the person appointed to hold the inquiry—

a

may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry; and

b

may take evidence on oath, and for that purpose administer oaths, or may, instead of administering an oath, require the person examined to make a solemn affirmation.

C793

Nothing in this section—

a

requires a person, in obedience to a summons under the section, to attend to give evidence or to produce any documents unless the necessary expenses of his attendance are paid or tendered to him; or

b

empowers the person holding the inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of a local authority.

C794

Any person who refuses or deliberately fails to attend in obedience to a summons under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding F529level 3 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both.

5

Where the Secretary of State causes an inquiry to be held under this section—

a

the costs incurred by him in relation to the inquiry (including such reasonable sum not exceeding £30 a day as he may determine for the services of any officer engaged in the inquiry) shall be paid by such local authority or party to the inquiry as he may direct, and

b

he may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by the Secretary of State summarily as a civil debt.

No local authority shall be ordered to pay costs under this subsection in the case of any inquiry unless it is a party to that inquiry.

6

Where the Secretary of State causes an inquiry to be held under this section he may make orders—

a

as to the costs of the parties at the inquiry, and

b

as to the parties by whom the costs are to be paid,

and every such order may be made a rule of the High Court on the application of any party named in the order.

84AF88 Intervention orders

1

If the Secretary of State—

a

is of the opinion that a body to which this section applies is not performing one or more of its functions adequately or at all, or that there are significant failings in the way the body is being run, and

b

is satisfied that it is appropriate for him to intervene under this section,

he may make an order under this section in respect of the body (an “intervention order”).

2

The bodies to which this section applies are—

a

Health Authorities,

b

Special Health Authorities,

c

NHS trusts,

d

Primary Care Trusts.

3

An intervention order may make any provision authorised by section 84B below (including any combination of such provisions).

84BF89 Intervention orders: effect

1

In this section—

a

“member” means a member of a Health Authority, Special Health Authority or Primary Care Trust, or a member of the board of directors of an NHS trust,

b

“employee member” means a member of a Health Authority, Special Health Authority or Primary Care Trust who is an officer of the Authority or Trust, or an executive director of an NHS trust.

2

An intervention order may provide for the removal from office of—

a

all the members, or

b

those specified in the order,

and for their replacement with individuals specified in or determined in accordance with the order (who need not be the same in number as the removed individuals).

3

An intervention order may provide for the suspension (either wholly, or in respect only of powers and duties specified in or determined in accordance with the order) of—

a

all the members, or

b

those specified in the order,

and for the powers of the suspended members to be exercised, and their duties performed, during their suspension by individuals specified in or determined in accordance with the order (who need not be the same in number as the suspended individuals).

4

The powers and duties referred to in subsection (3) are, in the case of an employee member, only those which he has in his capacity as a member.

5

An intervention order may contain directions to the body to which it relates to secure that a function of the body specified in the directions—

a

is performed, to the extent specified in the directions, on behalf of the body and at its expense, by such person as is specified in the directions, and

b

is so performed in such a way as to achieve such objectives as are so specified,

and the directions may require that any contract or other arrangement made by the body with that person contains such terms and conditions as may be so specified.

6

If the person referred to in subsection (5)(a) is a body referred to in section 84A(2) above, the functions of that body include the performance of the functions specified in the directions under subsection (5); and, if that body is a Health Authority, are primary functions of the Authority.

7

Subsection (8) applies in relation to any provision—

a

in this Act, the National Health Service and Community Care Act 1990 (c. 19), or the Health and Social Care Act 2001; or

b

in any order or regulations made, or directions given, under any of those Acts,

which relates to the membership of the body to which an intervention order relates (or of its board of directors, in the case of an NHS trust), or relates to its procedure.

8

If the Secretary of State considers it appropriate, the intervention order may, in relation to any such provision specified in the order, provide—

a

that it is not to apply in relation to the body while the order remains in force; or

b

that it is to apply in relation to the body, while the order remains in force, with modifications specified in the order.

9

An intervention order may contain such supplementary directions to the body to which it relates as the Secretary of State considers appropriate for the purpose of giving full effect to the order.

85 Default powers.

C801

Where the Secretary of State is of opinion, on complaint or otherwise, that—

F530a

a Health Authority;

b

a Special Health Authority;

c

an NHS trust;

d

the Medical Practices Committee; or

e

the Dental Practice Board;

have failed to carry out any functions conferred or imposed on them by or under this Act F531or Part I of the National Health Service and Community Care Act 1990, or have in carrying out those functions failed to comply with any regulations or directions relating to those functions, he may after such inquiry as he may think fit make an order declaring them to be in default.

2

F532The members of the body in default shall forthwith vacate their office, and the order—

a

shall provide for the appointment, in accordance with the provisions of this Act, of new members of the body; and

b

may contain such provisions as seem to the Secretary of State expedient for authorising any person to act in the place of the body in question pending the appointment of new members.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F533

C815

An order made under this section may contain such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient, including—

a

provision for the transfer to the Secretary of State of property and liabilities of the body in default; and

b

where any such order is varied or revoked by a subsequent order, provision in the revoking order or a subsequent order for the transfer to the body in default of any property or liabilities acquired or incurred by the Secretary of State in discharging any of the functions transferred to him.

C8286 Emergency powers.

If the Secretary of State—

a

considers that by reason of an emergency it is necessary, in order to ensure that a service falling to be provided in pursuance of this Act F534or Part I of the National Health Service and Community Care Act 1990 is provided, to direct that during the period specified by the directions a function conferred on any body or person by virtue of this Act F534or that Part shall to the exclusion of or concurrently with that body or person be performed by another body or person, then

b

he may give directions accordingly and it shall be the duty of the bodies or persons in question to comply with the directions.

The powers conferred on the Secretary of State by this section are in addition to any other powers exercisable by him.

Part IV Property and Finance

Land and other Property

87 Acquisition, use and maintenance of property.

C271

The Secretary of State may acquire—

a

any land, either by agreement or compulsorily,

b

any other property,

required by him for the purposes of this Act; and (without prejudice to the generality of paragraph (a) above) land may be so acquired to provide residential accommodation for persons employed for any of those purposes.

C272

The Secretary of State may use for the purposes of any of the functions conferred on him by this Act any property belonging to him by virtue of this Act, and he has power to maintain all such property.

3

A local social services authority may be authorised to purchase land compulsorily for the purposes of this Act by means of an order made by the authority and confirmed by the Secretary of State.

F904

The M12Acquisition of Land Act 1981 shall apply to the compulsory purchase of land under this section

5

Section 120(3) of the M13Local Government Act 1972 (which relates to the application of Part I of the M14Compulsory Purchase Act 1965 where a council are authorised to acquire land by agreement) applies to the acquisition of land by the Secretary of State under this section in like manner as it applies to such acquisition by a council under that section.

F916

Sections 238 and 239 of the Town and Country Planning Act 1990 (use and development of consecrated land and burial grounds) shall apply to consecrated land or, as the case may be, land comprised in a burial ground (within the meaning of section 240 of that Act) which—

a

the Secretary of State holds for the purposes of the health service, and

b

has not been the subject of a relevant acquisition (within the meaning of that section) by the Secretary of State,

as if that land had been the subject of such an acquisition by him for those purposes.

88 Transferred property free of trusts.

1

All property vested in the Secretary of State in consequence of the transfer of that property under section 6 of the M15National Health Service Act 1946 (transfer of hospitals) F92is so vested free of any trust existing immediately before that transfer.

2

The Secretary of State may use any such property for the purpose of any of his functions under this Act, but he shall so far as practicable secure that the objects for which any such property was used immediately before that transfer are not prejudiced by F92the exercise of the power hereby conferred.

89 Power of voluntary organisations to transfer property.

1

Notwithstanding anything contained—

a

in the constitution or rules of any voluntary organisation formed for the purpose of providing a service of nurses for attendance on the sick in their own homes, or of midwives, or

b

in any trust deed or other instrument relating to such organisation or service,

any property vested in the organisation or held by any persons on trust for the organisation or service or for any specific purposes connected with the organisation or service may be transferred to the Secretary of State, on such terms as may be agreed between him and the organisation or trustees, with a view to the property being used or held by him for purposes similar to the purposes for which it was previously used or held.

Trusts

90 Gifts on trust.

—A F93Health Authority or Special Health Authority has power to accept, hold and administer any property on trust for all or any purposes relating to the health service.

91 Private trusts for hospitals.

1

Where—

a

the terms of a trust instrument authorise or require the trustees, whether immediately or in the future, to apply any part of the capital or income of the trust property for the purposes of any health service hospital, then

b

the trust instrument shall be construed as authorising or (as the case may be) requiring the trustees to apply the trust property to the like extent, and at the like times, for the purpose of making payments, whether of capital or income, to the appropriate hospital authority.

2

Any sum so paid to the appropriate hospital authority shall, so far as practicable, be applied by them for the purpose specified in the trust instrument.

3

In this section “the appropriate hospital authority” means—

a

where special trustees are appointed for the hospital, those trustees;

F535aa

where the hospital is F536owned and managed by an NHS trust and trustees have been appointed for the NHS trust, those trustees;

ab

where the hospital is owned and managed by an NHS trust and neither paragraph (a) nor paragraph (aa) above applies, the NHS trust;

b

in any other case, the . . . F537F538 Health Authority exercising functions on behalf of the Secretary of State in respect of the hospital.

4

Nothing in this section applies to a trust for a special hospital, or to property transferred under section 24 of the M77National Health Service Reorganisation Act 1973.

92C83Further transfers of trust property.

1

The Secretary of State may, having regard to any change or proposed change in the arrangements for the administration of a hospital F539or other establishment or facility or in the area or functions of any F540Health Authority or Special Health Authority, by order provide for the transfer of any trust property F541from any relevant health service body to any other relevant health service body..

F5421A

In this section “relevant health service body” means—

a

a Health Authority;

b

a Special Health Authority;

c

an NHS trust;

d

special trustees; or

e

trustees for an NHS trust.

2

If it appears to the Secretary of State at any time that all the functions of any special trustees should be discharged by F543one or more bodies which are relevant health service bodies by virtue of subsection (1A)(a) to (c) above then, whether or not there has been any such change as is mentioned in subsection (1) above, he may by order provide for the transfer of all trust property from the special trustees to the F544body or, in such proportions as may be specified in the order, to those bodies..

3

Before so acting the Secretary of State shall consult the F545special trustees and other bodiesconcerned.

4

Where by an order under this section, property is transferred to two or more F546bodies, it shall be apportioned by them in such proportions as they may agree or as may in default of agreement be determined by the Secretary of State, and the order may provide for the way in which the property is to be apportioned.

5

Where property is so apportioned, the Secretary of State may by order make any consequential amendments of the trust instrument relating to the property.

F5476

If it appears to the Secretary of State at any time that—

a

the functions of any special trustees should be discharged by the trustees for an NHS trust, or

b

the functions of the trustees for an NHS trust should be discharged by special trustees,

then, whether or not there has been any such change as is mentioned in subsection (1) above, he may, after consulting the special trustees and the trustees for the NHS trust, by order provide for the transfer of all trust property from or to the special trustees to or from the trustees for the NHS trust.

93 Trust property previously held for general hospital purposes.

C281

This section applies—

a

to property transferred under section 23 of the M16National Health Service Reorganisation Act 1973 (winding-up of hospital endowments funds), and

b

to property transferred under section 24 of that Act (transfer of trust property from abolished authorities) which immediately before the day appointed for the purposes of that section was, in accordance with any provision contained in or made under section 7 of the M17National Health Service Act 1946, applicable for purposes relating to hospital services or relating to some form of research,

and this section continues to apply to the property after any further transfer under section 92 above.

C282

The person holding the property after the transfer or last transfer shall secure, so far as is reasonably practicable, that the objects of any original endowment and the observance of any conditions attached to that endowment, including in particular conditions intended to preserve the memory of any person or class of persons, are not prejudiced by this Part of this Act, F94. . ..

In this subsection “original endowment” means a hospital endowment which was transferred under section 7 of that Act of 1946 and from which the property in question is derived.

3

Subject to subsection (2) above, the property shall be held on trust for such purposes relating to hospital services (including research), or to any other part of the health service associated with any hospital, as the person holding the property thinks fit.

4

Where the person holding the property is a body of special trustees, the power conferred by subsection (3) above shall be exercised as respects the hospitals for which they are appointed.

94 Application of trust property: further provisions.

C291

Any discretion given by a trust instrument to the trustees of property transferred under—

a

section 24 of the M18National Health Service Reorganisation Act 1973 (transfer of trust property from abolished authorities),

b

section 25 of that Act (transfer of trust property held for health services by local health authorities),

c

section 92 above,

shall be exercisable by the person to whom the property is so transferred and, subject to section 93 above and the following provisions of this section, the transfer shall not affect the trusts on which property is held.

2

Where—

a

property has been transferred under section 24 of that Act of 1973, and

b

any discretion is given by a trust instrument to the trustees to apply the property, or income arising from the property, to such hospital services (including research) as the trustees think fit without any restriction on the kinds of hospital services and without any restriction to one or more specified hospitals,

the discretion shall be enlarged so as to allow the application of the property or (as the case may be) of the income arising from the property, to such extent as the trustees think fit, for any other part of the health service associated with any hospital.

C293

Subsection (2) above shall apply on any subsequent transfer of the property under section 92 above.

95 Special trustees for a university or teaching hospital.

1

The bodies of trustees (in this Act referred to as special trustees) appointed by the Secretary of State under section 29 of the National Health Service Reorganisation Act 1973 F95or this section shall (subject to section 92 above) hold and administer the property transferred to them under that Act of 1973.

The special trustees so appointed are bodies of trustees appointed for the hospital or hospitals which, immediately before the day appointed for the purposes of section 29 of that Act of 1973, were controlled and managed by a University Hospital Management Committee or a Board of Governors, but excluding—

a

a body on whose request an order was made under section 24(2) of that Act of 1973;

b

a preserved Board within the meaning of section 15(6) of that Act of 1973.

2

Special trustees have power to accept, hold and administer any property on trust for all or any purposes relating to hospital services (including research), or to any other part of the health service associated with hospitals, being a trust which is wholly or mainly for hospitals for which the special trustees are appointed.

3

The number of trustees for any hospital or hospitals shall be such as the Secretary of State may from time to time determine after consultation with such persons as he considers appropriate.

4

The term of office of any special trustee shall be fixed by the Secretary of State but a special trustee may be removed by the Secretary of State at any time during the special trustee’s term of office.

96C84Trusts: supplementary provisions.

1

Any provision in sections 90 to 95 above for the transfer of any property includes provision for the transfer of any rights and liabilities arising from that property.

F5481A

Where any transfer of property by virtue of those sections is of, or includes,—

a

land held on lease from a third party, that is to say, a person other than the Secretary of State or a F549Health Authority or Special Health Authority, or

b

any other asset leased or hired from a third party or in which a third party has an interest,

the transfer shall be binding on the third party notwithstanding that, apart from this subsection, it would have required his consent or concurrence.

2

Nothing in those sections shall affect any power of Her Majesty, the court (as defined in F550the M78Charities Act 1993) or any other person to alter the trusts of any charity.

3

Nothing in section 12 of the M79Finance Act 1895 (which requires certain Acts and certain instruments relating to the vesting of property by virtue of an Act to be stamped as conveyances on sale) applies to sections 90 to 95 above or to an order made in pursuance of any of those sections; and stamp duty shall not be payable on such an order.

96AF551 Power of health authorities, etc. to raise money, etc., by appeals, collections, etc.

1

A F552Health Authority, Special Health AuthorityF553or NHS trust shall have power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist the F552Health Authority, Special Health AuthorityF553or NHS trust in providing or improving any services or any facilities or accommodation which is or are or is or are to be provided as part of the health service or to assist them in connection with their functions with respect to research.

2

A Board of Governors of a teaching hospital shall, so long as it is a preserved Board by virtue of section 15 of the M80National Health Service Reorganisation Act 1973, have the like power in relation to services, facilities or accommodation provided or to be provided at or by the hospital or their functions with respect to research.

3

Subject to any directions of the Secretary of State excluding specified descriptions of activity, the activities authorised by this section include public appeals or collections and competitions, entertainments, bazaars, sales of produce or other goods and other similar activities and the activities may involve the use of land, premises or other property held by or for the benefit of the F554Health Authority, Special Health Authority or NHS trust exercising the power subject however to any restrictions on the purposes for which trust property may be used.

4

Subject to the following provisions of this section, the F554Health Authority, Special Health Authority or NHS trustat whose instance property is given in pursuance of this section shall, after defraying out of it any expenses incurred in obtaining it, hold, administer and apply the property on trust for or for the purpose for which it was given.

5

Where property is given in pursuance of this section to or on trust for any purposes of a hospital for which special trustees have been appointed, the property may be held, administered and applied by the special trustees instead of by the F555body responsible for the hospital if that body and the special trustees agree; and in this subsection the body responsible for a hospital is,—

a

in the case of a hospital vested in a NHS trust, that trust; and

b

in any other case, the F556Health Authority exercising functions on behalf of the Secretary of State in respect of the hospital

F5575A

Where property is given in pursuance of this section on trust for any purposes of an NHS trust for which trustees have been appointed under section 11(1) of the National Health Service and Community Care Act 1990, then, if those trustees and the NHS trust agree, the property may be held, administered and applied by those trustees instead of by the NHS trust.

6

Property given in pursuance of this section on trust may be transferred F558. . .by order of the Secretary of State under section 92 above in the same circumstances as other trust property may be transferred under that section, and sections 94 and 96 above shall apply as they apply to other trust property transferred under the said section 92.

7

Where property held by a F559Health Authority, Special Health Authority or NHS trust under this section is more than sufficient to enable the purpose for which it was given to be fulfilled the excess shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property comprising the excess was given, for such purposes connected with any of the functions of the authority or Board as the F559Health Authority, Special Health Authority or NHS trust think fit.

8

Where property held by a F559Health Authority, Special Health Authority or NHS trustunder this section is insufficient to enable the purpose for which it was given to be fulfilled then—

a

the F559Health Authority, Special Health Authority or NHS trust may apply so much of the capital or income at their disposal as is needed to enable the purpose to be fulfilled subject, however, in the case of trust property, to any restrictions on the purpose for which the trust property may be applied and, in the case of money paid or payable by the Secretary of State F560. . . under section 97 below, to any directions he F560. . . may give; but

b

where the capital or income applicable under paragraph (a) above is insufficient or is not applied to enable the purpose to be fulfilled, the property so held by the F559Health Authority, Special Health Authority or NHS trustshall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property was given, for such purposes connected with any of the functions of the authority or Board as the F559Health Authority, Special Health Authority or NHS trust think fit.

9

Where under subsection (7) or (8) above property becomes applicable for purposes other than that for which it was given the F559Health Authority, Special Health Authority or NHS trustshall have regard to the desirability of applying the property for a purpose similar to that for which it was given.

C8510

In this section “special trustees” has the same meaning as in section 95 above and references to the purposes for which trust property may be used or applied are to be taken, in the case of trust property which has been transferred under section 92 above, to include references to those purposes as enlarged by section 94 above.

96BF96 Trust-funds and trustees for Primary Care Trusts.

1

The Secretary of State may by order provide for the appointment of trustees for any Primary Care Trust.

2

Trustees for a Primary Care Trust may accept, hold and administer any property on trust—

a

for the general or any specific purposes of the Primary Care Trust (including the purposes of any specific hospital or other establishment or facility which is managed by the trust), or

b

for all or any purposes relating to the health service.

3

An order under subsection (1) above may—

a

make provision as to the persons by whom trustees are to be appointed and generally as to the method of their appointment,

b

provide for any appointment to be subject to any conditions specified in the order (including conditions requiring the consent of the Secretary of State),

c

make provision as to the number of trustees to be appointed, including provision under which that number may from time to time be determined by the Secretary of State after consultation with any persons he considers appropriate, and

d

make provision about the term of office of any trustee and his removal from office.

4

Where trustees have been appointed for a Primary Care Trust under subsection (1) above, the Secretary of State may by order provide for the transfer of any trust property from the Primary Care Trust to the trustees so appointed.

F98 Companies

Annotations:
Amendments (Textual)
F98

S. 96C and cross-heading inserted (1.8.2001 for E. and otherwise prosp.) by 2001 c. 15, ss. 4, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/2804 art. 2(1)(a)

F9796C Public-private partnerships

1

The Secretary of State may form, or participate in forming, companies to provide facilities or services for—

a

persons or bodies exercising functions, or otherwise providing services, under this Act; or

b

NHS trusts.

2

The Secretary of State may, with a view to securing or facilitating the provision by companies of facilities or services for persons or bodies falling within subsection (1)(a) or (b)—

a

invest in the companies (whether by acquiring assets, securities or rights or otherwise), or

b

provide loans and guarantees and make other kinds of financial provision to or in respect of them,

or both.

3

For the purposes of subsections (1) and (2) above it is immaterial that the facilities or services provided or to be provided by the companies in question are not provided or to be provided—

a

only to persons or bodies falling within subsection (1)(a) or (b); or

b

to persons or bodies falling within subsection (1)(a) only in their capacities as persons or bodies such as are mentioned in that provision.

4

In this section—

  • “companies” means companies within the meaning of the Companies Act 1985 (c. 6);

  • “facilities” includes the provision of (or of the use of) premises, goods, materials, vehicles, plant or apparatus.

5

This section is without prejudice to any powers of the Secretary of State exercisable otherwise than by virtue of this section.

Finance and Accounts

97F561 Means of meeting expenditure of Health Authorities and Special Health Authorities out of public funds.

1

It is the duty of the Secretary of State to pay to each Health Authority sums equal to expenditure of the Health Authority which—

a

is attributable to the payment of remuneration to persons providing services in pursuance of Part II of this Act; but

b

is not expenditure within subsection (2) below.

2

It is also the duty of the Secretary of State to pay in respect of each financial year to each Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Health Authority towards meeting the expenditure of the Health Authority which is attributable to the reimbursement of expenses of persons providing services in pursuance of Part II of this Act which are expenses—

a

incurred in connection with the provision of the services (or in giving instruction in matters relating to the services); and

b

of a description specified in the allotment.

3

It is also the duty of the Secretary of State to pay in respect of each financial year to each Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Health Authority towards meeting the expenditure of the Health Authority which—

a

is attributable to the performance by the Health Authority of their functions in that year; but

b

is not expenditure within subsection (1) or (2) above.

4

It is the duty of the Secretary of State to pay in respect of each financial year to each Special Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Special Health Authority towards meeting the expenditure of the Special Health Authority which is attributable to the performance by the Special Health Authority of their functions in that year.

5

An amount is allotted to a Health Authority or Special Health Authority for a year under this section when they are notified by the Secretary of State that it is allotted to them for that year; and the Secretary of State may make an allotment under this section increasing or reducing an allotment previously so made.

6

The Secretary of State may give directions to a Health Authority or Special Health Authority with respect to—

a

the application of sums paid to them under subsections (1) to (3), or subsection (4), above;

b

the payment of sums by them to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets; or

c

the application by them of sums received by them by virtue of section 15(7)(a) of the M81National Health Service and Community Care Act 1990.

7

Where directions have been given to a Health Authority or Special Health Authority under subsection (6) above it is the duty of the Health Authority or Special Health Authority to comply with the directions.

8

Where an order establishing a Special Health Authority provides for any expenditure of the Special Health Authority to be met by a Health Authority or by two or more Health Authorities in portions determined by or in accordance with the order, it is the duty of the Health Authority, or each of the Health Authorities, to pay to the Special Health Authority sums equal to, or to the appropriate portion of, that expenditure.

9

Sums falling to be paid under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.

97AF562 Financial duties of Health Authorities and Special Health Authorities.

1

It is the duty of every Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of the Health Authority which is attributable to the performance by them of their functions in that year (not including expenditure within subsection (1) of section 97 above) does not exceed the aggregate of—

a

the amounts allotted to them for that year under subsections (2) and (3) of that section;

b

any sums received by them in that year under any provision of this Act (other than sums received by them under that section); and

c

any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure.

2

It is the duty of every Special Health Authority, in respect of each financial year, to perform their functions so as to secure that the expenditure of the Special Health Authority which is attributable to the performance by them of their functions in that year does not exceed the aggregate of—

a

the amount allotted to them for that year under subsection (4) of section 97 above;

b

any sums received by them in that year under any provision of this Act (other than sums received by them under that subsection); and

c

any sums received by them in that year otherwise than under this Act for the purpose of enabling them to defray any such expenditure.

3

The Secretary of State may give such directions to a Health Authority or Special Health Authority as appear to be requisite to secure that the Health Authority or Special Health Authority comply with the duty imposed on them by subsection (1) or (2) above.

4

Directions under subsection (3) above may be specific in character.

5

Where directions have been given to a Health Authority or Special Health Authority under subsection (3) above it is the duty of the Health Authority or Special Health Authority to comply with the directions.

6

To the extent to which—

a

any expenditure is defrayed by a Health Authority or Special Health Authority as trustee or on behalf of a Health Authority or Special Health Authority by special trustees; or

b

any sums are received by a Health Authority or Special Health Authority as trustee or under section 96A above,

that expenditure and, subject to subsection (8) below, those sums shall be disregarded for the purposes of this section.

7

For the purposes of this section sums which, in the hands of a Health Authority or Special Health Authority, cease to be trust funds and become applicable by the Health Authority or Special Health Authority otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Health Authority or Special Health Authority otherwise than as trustee.

8

Of the sums received by a Health Authority or Special Health Authority under section 96A above so much only as accrues to the Health Authority or Special Health Authority after defraying any expenses incurred in obtaining them shall be disregarded under subsection (6) above.

9

Subject to subsection (6) above, the Secretary of State may by directions determine—

a

whether sums of a description specified in the directions are, or are not, to be treated for the purposes of this section as received under this Act by a Health Authority or Special Health Authority of a description specified in the directions;

b

whether expenditure of a description specified in the directions is, or is not, to be treated for those purposes as—

i

expenditure within subsection (1) above of a Health Authority of a description so specified; or

ii

expenditure within subsection (2) above of a Special Health Authority of a description so specified; or

c

the extent to which, and the circumstances in which, sums received—

i

by a Health Authority under subsections (1) to (3) of section 97 above; or

ii

by a Special Health Authority under subsection (4) of that section,

but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Health Authority or Special Health Authority and to which financial year’s expenditure they are to be attributed.

C9197AAF584 Resource limits for Health Authorities and Special Health Authorities.

1

It is the duty of every Health Authority and every Special Health Authority to ensure that the use of their resources in a financial year does not exceed the amount specified for them in relation to that year by the Secretary of State.

2

In the application of subsection (1) above to a Health Authority no account shall be taken of any use of resources for the purpose of general Part II expenditure (within the meaning of paragraph 1 of Schedule 12A).

3

For the purpose of subsection (1) above the Secretary of State may give directions—

a

specifying uses of resources which are to be, or not to be, taken into account;

b

making provision for determining to which Health Authority or Special Health Authority certain uses of resources are to be attributed;

c

specifying descriptions of resources which are to be, or not to be, taken into account.

4

Subsections (6) to (8) of section 97A above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duties under section 97A(1) and (2); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.

5

The provisions in section 97A(3) and (4) above about the giving of directions by the Secretary of State shall apply in relation to the duty under subsection (1) above as they apply in relation to the duties under section 97A(1) and (2).

6

Where the Secretary of State has specified an amount under this section in respect of a financial year, he may vary the amount by a later specification.

7

In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.

F9997B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97CF582 Public funding of Primary Care Trusts.

1

It is the duty of every Health Authority, in respect of each financial year, to pay to each Primary Care Trust whose area falls within their area—

a

sums equal to the trust’s general Part II expenditure, and

b

sums not exceeding the amount allotted by the authority to the trust for that year towards meeting the trust’s main expenditure in that year.

2

Any payment under subsection (1)(a) above shall be made out of money paid to the Health Authority under subsection (1) of section 97 above and any payment under subsection (1)(b) above shall be made out of money paid to the authority under subsection (3) of that section.

3

An amount is allotted to a Primary Care Trust for a year under this section when the trust is notified by the Health Authority that the amount is allotted to it for that year; and the Health Authority may make an allotment under this section increasing or reducing an allotment previously so made.

4

The Secretary of State may give directions to a Primary Care Trust about the payment of sums by the trust to the Health Authority in whose area the area of the trust falls in respect of charges or other sums referable to the valuation or disposal of assets.

5

Where any part of a sum paid to a Primary Care Trust by a Health Authority under subsection (1) above derives from a sum which was paid to the authority under subsection (1) or (3) of section 97 above subject to a direction (under subsection (6)(a) of that section) that it be applied for a particular purpose, the authority shall direct the trust that the sum paid to the trust shall be applied for the same purpose.

6

Sums falling to be paid to Primary Care Trusts under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.

F58397D Financial duties of Primary Care Trusts.

1

It is the duty of every Primary Care Trust, in respect of each financial year, to perform its functions so as to secure that the expenditure of the trust which is attributable to the performance by the trust of its functions in that year (not including expenditure within subsection (1)(a) of section 97C above) does not exceed the aggregate of—

a

the amount allotted to it for that year under subsection (1)(b) of that section,

b

any sums received by it in that year under any provision of this Act (other than sums received by it under that section), and

c

any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure.

2

The Secretary of State may give such directions to a Primary Care Trust as appear to be requisite to secure that the trust complies with the duty imposed on it by subsection (1) above.

3

Directions under subsection (2) above may be specific in character.

4

To the extent to which—

a

any expenditure is defrayed by a Primary Care Trust as trustee or on behalf of a Primary Care Trust by special trustees, or

b

any sums are received by a Primary Care Trust as trustee or under section 96A above,

that expenditure and, subject to subsection (6) below, those sums shall be disregarded for the purposes of this section.

5

For the purposes of this section sums which, in the hands of a Primary Care Trust, cease to be trust funds and become applicable by the Primary Care Trust otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Primary Care Trust otherwise than as trustee.

6

Of the sums received by a Primary Care Trust under section 96A above so much only as accrues to the Primary Care Trust after defraying any expenses incurred in obtaining them shall be disregarded under subsection (4) above.

7

Subject to subsection (4) above, the Secretary of State may by directions determine—

a

whether specified sums are, or are not, to be treated for the purposes of this section as received under this Act by a specified Primary Care Trust,

b

whether specified expenditure is, or is not, to be treated for those purposes as expenditure within subsection (1) above of a specified Primary Care Trust, or

c

the extent to which, and the circumstances in which, sums received by a Primary Care Trust under section 97C above but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Primary Care Trust and to which financial year’s expenditure they are to be attributed.

8

In subsection (7) above, “specified” means of a description specified in the directions.

C9297EF585 Resource limits for Primary Care Trusts.

1

It is the duty of every Primary Care Trust to ensure that the use of their resources in a financial year does not exceed the amount specified for them in relation to that year by the Health Authority for the trust’s area.

2

For the purpose of subsection (1) above no account shall be taken of any use of resources for the purpose of a trust’s general Part II expenditure (within the meaning of paragraph 4 of Schedule 12A).

3

For the purpose of subsection (1) above the Secretary of State may give directions—

a

specifying uses of resources which are to be, or not to be, taken into account;

b

making provision for determining to which Primary Care Trust certain uses of resources are to be attributed;

c

specifying descriptions of resources which are to be, or not to be, taken into account.

4

Where an amount has been specified under this section in respect of a financial year, it may be varied by a later specification.

5

Subsections (4) to (6) of section 97D above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97D(1); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.

6

The provisions in section 97D(2) and (3) above about the giving of directions by the Secretary of State shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97D(1).

7

In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.

97FF101 Public funding of Local Health Boards

1

It is the duty of the National Assembly for Wales, in respect of each financial year, to pay to each Local Health Board—

a

sums equal to their general Part 2 expenditure; and

b

sums not exceeding the amount allotted by the National Assembly for Wales to the Local Health Board for that year towards meeting the Board’s main expenditure in that year.

2

In determining the amount to be allotted for any year to a Local Health Board under subsection (1)(b) above (or in varying the amount under subsection (7) below), the National Assembly for Wales may take into account, in whatever way the Assembly thinks appropriate—

a

the Board’s general Part 2 expenditure; and

b

expenditure which would have been the Board’s general Part 2 expenditure but for an order under section 103(1) below,

during any period the Assembly thinks appropriate (or such elements of that expenditure as it thinks appropriate).

3

Where the National Assembly for Wales has made an initial determination of the amount (“the initial amount”) to be allotted for any year to a Local Health Board under subsection (1)(b) above, the Assembly may increase the initial amount by a further sum if it appears to it that over a period notified to the Board—

a

the Board satisfied any objectives notified to it as objectives to be met in performing its functions; or

b

it performed well against any criteria notified to it as criteria relevant to the satisfactory performance of its functions (whether or not the method of measuring its performance against those criteria was also notified to it).

4

In subsection (3) above, “notified” means specified or referred to in a notice given to the Local Health Board by the National Assembly for Wales.

5

In making any increase under subsection (3) above, the National Assembly for Wales may (whether by directions under subsection (8) below or otherwise) impose any conditions it thinks fit on the application or retention by the Local Health Board of the sum in question.

6

Where the National Assembly for Wales has, under subsection (3) above, increased by any sum the amount to be allotted for any year to a Local Health Board and notified the Board of the allotment and it subsequently appears to the Assembly that the Board has failed (wholly or in part) to satisfy any conditions imposed in making that increase, the Assembly may—

a

reduce the allotment made to the Board for that year; or

b

when the Assembly has made an initial determination of the amount (“the initial amount”) to be allotted for any subsequent year to the Board under subsection (1)(b) above, reduce the initial amount,

by any amount not exceeding that sum.

7

An amount is allotted to a Local Health Board for a year under this section when the Board is notified by the National Assembly for Wales that the amount is allotted to the Board for that year; and the National Assembly for Wales may make an allotment under this section increasing or reducing (subject to subsection (6) above) an allotment previously so made, and the reference to a determination in subsection (3) above includes a determination made with a view to increasing or reducing an allotment previously so made.

8

The National Assembly for Wales may give directions to a Local Health Board with respect to—

a

the application of sums paid to the Board under this section, or

b

the payment of sums by the Board to the National Assembly for Wales in respect of charges or other sums referable to the valuation or disposal of assets.

9

Sums falling to be paid to Local Health Boards under this section shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the National Assembly for Wales may determine.

97G Financial duties of Local Health Boards

1

It is the duty of every Local Health Board, in respect of each financial year, to perform its functions so as to secure that the expenditure of the Board which is attributable to the performance by the Board of its functions in that year (not including expenditure within subsection (1)(a) of section 97F above) does not exceed the aggregate of—

a

the amount allotted to it for that year under subsection (1)(b) of that section;

b

any sums received by it in that year under any provision of this Act (other than sums received by it under that section); and

c

any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure.

2

The National Assembly for Wales may give such directions to a Local Health Board as appear to be requisite to secure that the Board complies with the duty imposed on it by subsection (1) above.

3

Directions under subsection (2) may be specific in character.

4

To the extent to which—

a

any expenditure is defrayed by a Local Health Board as trustee or on behalf of a Local Health Board by special trustees; or

b

any sums are received by a Local Health Board as trustee or under section 96A above,

that expenditure and, subject to subsection (6) below, those sums shall be disregarded for the purposes of this section.

5

For the purposes of this section sums which, in the hands of a Local Health Board, cease to be trust funds and become applicable by the Local Health Board otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the Local Health Board otherwise than as trustee.

6

Of the sums received by a Local Health Board under section 96A above so much only as accrues to the Local Health Board after defraying any expenses incurred in obtaining them shall be disregarded under subsection (4) above.

7

Subject to subsection (4) above, the National Assembly for Wales may by directions determine—

a

whether specified sums are, or are not, to be treated for the purposes of this section as received under this Act by a specified Local Health Board;

b

whether specified expenditure is, or is not, to be treated for those purposes as expenditure within subsection (1) above of a specified Local Health Board; or

c

the extent to which, and the circumstances in which, sums received by a Local Health Board under section 97F above but not yet spent are to be treated for the purposes of this section as part of the expenditure of the Local Health Board and to which financial year’s expenditure they are to be attributed.

8

In subsection (7) above, “specified” means of a description specified in the directions.

97H Resource limits for Local Health Boards

1

It is the duty of every Local Health Board to ensure that the use of its resources in a financial year does not exceed the amount specified for it in relation to that year by the National Assembly for Wales.

2

For the purpose of subsection (1) above no account shall be taken of any use of resources for the purposes of a Board’s general Part 2 expenditure (within the meaning of paragraph 6A of Schedule 12A).

3

But in specifying an amount for a Local Health Board under subsection (1) above (or in varying the amount under subsection (5) below), the National Assembly for Wales may take into account (in whatever way it thinks appropriate)—

a

any such use of resources; and

b

the use of any resources which would have been for the purpose of the Board’s general Part 2 expenditure but for an order under section 103(1) below,

during any period the Assembly thinks appropriate (or such elements of such uses of resources as it thinks appropriate).

4

For the purpose of subsection (1) above the National Assembly for Wales may give directions—

a

specifying uses of resources which are to be, or not to be, taken into account;

b

making provision for determining to which Local Health Board certain uses of resources are to be attributed;

c

specifying descriptions of resources which are to be, or not to be, taken into account.

5

Where an amount has been specified under this section in respect of a financial year, it may be varied by a later specification.

6

Subsections (4) to (6) of section 97G above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97G(1); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.

7

The provisions in section 97G(2) and (3) above about the giving of directions by the National Assembly for Wales shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97G(1).

8

In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.

C8698 Accounts and audit.

C871

Accounts, in such form as the Secretary of State may with the approval of the Treasury direct, shall be kept by—

F563a

every Health Authority;

b

every Special Health Authority;

c

every NHS trust;

d

all special trustees appointed in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973 and section 95(1) above;

F564dd

any trustees for an NHS trust appointed in pursuance of section 11 of the National Health Service and Community Care Act 1990; and

e

the Dental Estimates Board

Those accounts shall be audited by auditors F565appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales and the Comptroller and Auditor General may examine all such accounts and any records relating to them, and any report of the auditor on them.

2

Every such body shall prepare and transmit to the Secretary of State in respect of each financial year annual accounts in such form as the Secretary of State may with the approval of the Treasury direct.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F566

F5672A

The accounts prepared and transmitted by a F568Health Authority in pursuance of subsection (2) above shall include annual accounts of a Community Health Council if—

a

the Council is established for the F569Health Authority’s area; or

b

the F570Health Authority is prescribed for the purposes of this subsection in relation to the Council.

F571X32B

in preparing its annual accounts in pursuance of subsection (2) above, and NHS trust shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

a

the methods and principles according to which the accounts are to be prepared; and

b

the information to be given in the accounts.

F572X32B

So far as relates to allotted sums paid F573under section 15 of the M82National Health Service and Community Care Act 1990 to the members of a fund-holding practice—

a

accounts shall be kept in such form as the Secretary of State may with the approval of the Treasury direct;

b

the Comptroller and Auditor General may examine the accounts and records relating to them and any report of the auditor on them;

C88c

in respect of each financial year, annual accounts in such form as the Secretary of State may with the approval of the Treasury direct shall be prepared and submitted to the relevant F574Health Authority; and

d

in respect of each financial year, each F574Health Authority shall prepare in such form as the Secretary of State may with the approval of the Treasury direct, and include in its own accounts, a summarised version of the accounts submitted to F575the Health Authority under paragraph (c) above.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F576

C894

The Secretary of State shall prepare in respect of each financial year—

a

in such form as the Treasury may direct, summarised accounts of F577the bodies mentioned in subsection (1) above, other than the Dental Estimates Board

b

in such form and containing such information as the Treasury may direct, a statment of the accounts of the Dental Estimates Board;

and shall transmit them on or before 30th November in each year to the Comptroller and Auditor General, who shall examine and certify them, and lay copies of them together with his report on them before both Houses of Parliament.

F5785

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99 Regulation of financial arrangements.

1

The Secretary of State may by regulations provide, in the case of all or any of the following bodies—

F579a

Health Authorities,

b

Special Health Authorities,

e

Community Health Councils, and

f

the Dental Estimates Board,

for restricting the making of payments by or on behalf of the body otherwise than on such authorisation and subject to such conditions as may be specified in the regulations.

2

Such provision may be made subject to such exceptions as may be so specified, and those regulations may contain such other provisions as to the making and carrying out by all or any of those bodies of such arrangements with respect to financial matters as the Secretary of State thinks necessary for the purpose of securing that the affairs of such bodies are conducted, so far as reasonably practicable, in such manner as to prevent financial loss and to ensure and maintain efficiency.

3

The Secretary of State may give directions to any of those bodies as to any matter with respect to which those regulations may be made; and those directions may be specific in character and shall be—

a

such as appear to him requisite to secure that the affairs of the body are conducted in such a manner as is mentioned in subsection (2) above,

b

without prejudice to the operation of any such regulation,

and shall be complied with by the body to whom they are given.

100 Other Payments.

1

There shall be paid out of moneys provided by Parliament such expenses incurred by—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F580

b

any standing advisory committee constituted under section 6 above,

c

the Medical Practices Committee,

d

the Tribunal constituted under section 46 above, and

e

the Dental Estimates Board,

as may be determined by the Secretary of State with the approval of the Treasury.

C902

Payments made under this section shall be . . . F581 made at such times and in such manner as the Treasury may direct, and subject to such conditions as to records, certificates, or otherwise as the Secretary of State may with the approval of the Treasury determine.

101 Secretary of State’s receipts.

Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund, . . . F100

Miscellaneous provisions as to remuneration, allowances and superannuation

102 Allowances and remuneration for members of certain bodies.

1

The Secretary of State may pay such travelling and other allowances, including compensation for loss of remunerative time, as he may, with the approval of F586the Treasury, determine—

a

to members of any of the following bodies constituted under this Act—

i

F587, any standing advisory committee constituted under section 6 above to advise the Secretary of State . . . F587and any sub-committee appointed by any such standing advisory committee . . . F587;

ii

the Medical Practices Committee;

iii

any body on which functions are conferred by regulations under section 32 above;

iv

the Dental Estimates Board;

v

the Tribunal constituted under section 46 above;

b

to members of any other body being a body specified in an order made by the Secretary of State as being a body recognised by him to have been formed for the purpose of performing a function connected with the provision of services under this Act.

2

The Secretary of State may pay to members of any of the following bodies such remuneration as he may, with the approval of F588the Treasury, determine—

a

the Medical Practices Committee;

b

any body on which functions are conferred by regulations under section 32 above;

c

the Dental Estimates Board;

d

the Tribunal constituted under section 46 above;

e

any other body constituted under Part II of this Act, being a body specified in an order made for the purposes of this subsection, with the approval of F589the Treasury, by the Secretary of State.

3

Allowances shall not be paid under subsection (1) above except in connection with the excercise or performance of such powers or duties, in such circumstances, as may, with the approval of F586the Treasury, be determined by the Secretary of State.

4

Any payments under this section shall be made at such times and in such manner, and subject to such conditions as to records, certificates or otherwise, as the Secretary of State may, with the approval of F589the Treasury, determine.

103 Special arrangement as to payment of remuneration.

1

If the Secretary of State—

a

considers it appropriate for remuneration in respect of services provided by any person in pursuance of Part II of this Act to be paid by a particular body, and

b

apart from this section the functions of the body do not include the function of paying the remuneration,

the Secretary of State may by order confer that function on the body.

2

Any sums required to enable any body having that function to pay remuneration in respect of such services shall, if apart from this section there is no provision authorising the payment of the sums by the Secretary of State or out of money provided by Parliament, be paid by him.

F5903

If the Secretary of State by order so provides with respect to remuneration in respect of such pharmaceutical services as may be specified in the order,—

a

an NHS trust determined in accordance with the order shall have the function of paying sums so determined to the F591Health Authority which, under Part II of this Act, have the function of paying that remuneration; and

b

nothing in subsection (2) above shall apply with respect to that remuneration.

104 Superannuation of officers of certain hospitals.

1

The Secretary of State may enter into an agreement with the governing body of any hospital to which this section applies—

a

for admitting officers of the hospital of such classes as may be provided in the agreement to participate, on such terms and conditions as may be so provided, in the superannuation benefits provided under regulations made under section 10 of the M19Superannuation Act 1972 in like manner as officers of F592Health Authorities; and

b

those regulations shall apply accordingly in relation to the officers so admitted subject to such modifications as may be provided in the agreement.

2

The governing body of any hospital to which this section applies shall have all such powers as may be necessary for the purpose of giving effect to any terms and conditions on which their officers are admitted to participate in those superannuation benefits.

3

This section applies to any hospital (not vested in the Secretary of State) which used, in pursuance of arrangements made by the governing body of the hospital with the Secretary of State, for the provision of services under this Act.

105 Payments for certain medical examinations.

1

Where a medical practitioner carries out a medical examination of any person with a view to an application for his admission to hospital for F593assessment or treatment being made under F594Part II of the M83Mental Health Act 1983F595the Secretary of State shall, subject to the following provisions of this section, pay to that medical practitioner—

a

reasonable remuneration in respect of that examination and in respect of any recommendation or report made by him with regard to the person examined; and

b

the amount of any expenses reasonably incurred by him in connection with the examination or the making of any such recommendation or report.

2

No payment shall be made under this section to a medical practitioner—

a

in respect of an examination carried out as part of his duty to provide general medical services for the person examined; or

b

in respect of an examination carried out or any recommendation or report made as part of his duty as an officer of a F596Health Authority or Special Health Authority.

3

This section shall only apply in a case where it is intended, when the medical examination of the person in question is carried out, that if he is admitted to hospital in pursuance of any such application as mentioned in subsection (1) above, the whole cost of his maintenance and treatment will be defrayed out of moneys provided by Parliament under this Act . . . F597

F102Part V

Annotations:
Amendments (Textual)
F102

Ss. 106-120 (Pt. V) repealed (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 3

106 Appointment and tenure of office of Commissioners.

1

For the purpose of conducting investigations in accordance with this Part of this Act, there shall be appointed—

a

a Commissioner to be known as the Health Service Commissioner for England; and

b

a Commissioner to be known as the Health Service Commissioner for Wales.

2

Her Majesty may by Letters Patent from time to time appoint a person to be a Commissioner; and a person so appointed shall, subject to F598subsections (3) and (3A) below, hold office during good behaviour.

3

A person appointed to be a Commissioner may be relieved of office by Her Majesty at his own request, or may be removed from office by Her Majesty in consequence of Addresses from both Houses of Parliament, and shall in any case vacate office on completing the year of service in which he attains the age of sixty-five.

F5993A

Her Majesty may declare the office of Health Service Commissioner for England or Health Service Commissioner for Wales to have been vacated if satisfied that the person appointed to be the Commissioner is incapable for medical reasons—

a

of performing the duties of his office; and

b

of requesting to be relieved of it.

4

A person who is a member of a relevant body (within the meaning of section 109 below) shall not be appointed to be a Commissioner; and a Commissioner shall not become a member of a relevant body.

107 Salaries and pensions of Commissioners.

1

Subject to subsections (3) and (5) below, there shall be paid to the holder of the office of a Commissioner the same salary as if he were employed in the civil service of the State in such appointment as the House of Commons may by resolution from time to time determine; and any such resolution may take effect from the date on which it is passed, or from such other date as it may specify.

2

Subject to subsections (6) and (7) below, Schedule 1 to the M84Parliamentary Commissioner Act 1967 (which relates to pensions and other benefits) has effect with respect to persons who have held office as a Commissioner as it has effect with respect to persons who have held office as the Parliamentary Commissioner for Administration.

3

The salary payable to a holder of the office of a Commissioner shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he has previously been appointed or elected.

4

In computing the salary of a former holder of the office of Commissioner for the purposes of Schedule 1 to that Act of 1967 there shall be disregarded—

a

any abatement of that salary under subsection (3) above;

b

any temporary abatement of that salary in the national interest; and

c

any voluntary surrender of that salary in whole or in part.

5

Where—

a

a person holds the office of Parliamentary Commissioner for Administration and one or more of the offices of Health Service Commissioner for England, Health Service Commissioner for Scotland and Health Service Commissioner for Wales he shall, so long as he does so, be entitled only to the salary pertaining to the first-mentioned office; and

b

a person holds two or more of those offices other than that of Parliamentary Commissioner for Administration he shall, so long as he does so, be entitled only to the salary pertaining to such one of those offices as he selects.

6

A person—

a

shall not be entitled to make simultaneously different elections in pursuance of paragraph 1 of Schedule 1 to that Act of 1967 in respect of different offices mentioned in subsection (5) above, and

b

shall, if he has made or is treated as having made an election in pursuance of that paragraph in respect of such an office, be deemed to have made the same election in respect of all such other offices to which he is, or is subsequently, appointed,

and no account shall be taken for the purposes of that Schedule of a period of service in such an office if salary in respect of the office was not paid for that period.

7

F600The Treasury may—

a

by regulations provide that Schedule 1 to that Act of 1967 shall have effect in relation to persons who have held more than one of the offices mentioned in subsection (5) above, and

b

by those regulations modify that Schedule as he considers necessary in consequence of those persons having held more than one of those offices,

and different regulations may be made in pursuance of paragraph 4 of that Schedule in relation to different offices as mentioned.

This subsection is subject to subsection (6) above.

8

Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.

108 Administrative provisions.

1

A Commissioner may appoint such officers as he may determine with the approval of F601the Treasury as to numbers and conditions of service; and it is the duty of the Health Service Commissioners for Wales to include among his officers such persons having a command of the Welsh language as he considers are needed to enable him to investigate complaints in Welsh.

2

Any functions of a Commissioner under this Part of this Act may be performed by any officer of the Commissioner authorised by him for that purpose, or by any officer so authorised of another Commissioner mentioned in section 107(5) above.

3

To assist him any investigation, a Commissioner may obtain advice from any person who, in his opinion, is qualified to give it, and may pay such fees or allowances to any such person as he may determine with the approval of F601the Treasury.

4

The expenses of a Commissioner under this Part of this Act, to such amount as may be sanctioned by F601the Treasury, shall be defrayed out of money provided by Parliament.

108AF602 Appointment of acting Commissioners.

1

Where the office of Health Service Commissioner for England or Health Service Commissioner for Wales becomes vacant, Her Majesty may, pending the appointment of a new Commissioner, appoint a person under this section to act as the Commissioner at any time during the period of twelve months beginning with the date on which the vacancy arose.

2

A person appointed under this section shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

a

until the appointment of a new Commissioner or the expiry of the period of twelve months beginning with the date on which the vacancy arose, whichever occurs first; and

b

in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Secretary of State may, with the approval of the Treasury, determine.

3

A person appointed under this section shall, while he holds office, be treated for all purposes, except those of section 107 above, as the Commissioner.

4

Any salary, pension or other benefit payable by virtue of this section shall be charged on and issued out of the Consolidated Fund.

5

A person who is a member of a relevant body (within the meaning of section 109 below) shall not be appointed under this section; and a person so appointed shall not, during his appointment, become a member of a relevant body.

C93109 Bodies subject to investigation.

In this Part of this Act “relevant body” means any of the following bodies—

a

Regional Health Authorities;

b

Area Health Authorities;

F603bb

District Health Authorities;

c

any special health authority established on or before 1st April 1974;

d

any special health authority established after that 1st April and designated by Order in Council as an authority to which this section applies;

F604da

NHS trusts

F605dd

the Dental Practice Board;

e

Family Practitioner Committees; F606and

f

the Public Health Laboratory Service Board; . . . F607

g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F607

Except where the context otherwise requires, any reference in this Part of this Act to a relevant body includes a reference to an officer of the body.

110 Investigations for England, and for Wales.

The Health Service Commissioner for England shall not conduct an investigation under this Part of this Act in respect of—

a

an Area Health Authority of which the area is in Wales,

F608aa

a District Health Authority of which the district is in Wales,

F609b

a Family Practitioner Committee whose locality is in Wales, or

F610ba

an NHS trust which is managing a hospital or other establishment or facility which is in Wales

c

a special health authority exercising functions only or mainly in Wales, . . . F611

d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F611

and the Health Service Commissioner for Wales shall not conduct such an investigation in respect of a relevant body other than one of those bodies.

111 Who may complain.

1

A complaint under this Part of this Act may be made by any individual, or by any body of persons whether incorporated or not, not being—

a

a local authority or other authority or body constituted for purposes of the public service or of local government, or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;

b

any other authority or body whose members are appointed by Her Majesty or any Minister of the Crown or government department, or whose revenues consist wholly or mainly of money provided by Parliament.

2

Where the person by whom a complaint might have been made under the preceding provisions of this Part has died, or is for any reason unable to act for himself, the complaint may be made—

a

by his personal representative, or

b

by a member of his family, or

c

by some body or individual suitable to represent him,

but, except as aforesaid and as provided by section 117 below, a complaint shall not be entertained under this Part unless made by the person aggrieved himself.

112 Reply.

Before proceeding to investigate a complaint—

a

a Commissioner shall satisfy himself that the complaint has been brought by or on behalf of the person aggrieved to the notice of the relevant body in question, and that that body had been afforded a reasonable opportunity to investigate and reply to the complaint, but

b

a Commissioner shall disregard the provisions of paragraph (a) in relation to a complaint made by an officer of the relevant body in question on behalf of the person aggrieved if the officer is authorised by virtue of section 111(2) above to make the complaint and the Commissioner is satisfied that in the particular circumstances those provisions ought to be disregarded.

113 Commissioner’s discretion.

1

In determining whether to initiate, continue or discontinue an investigation under this Part of this Act, a Commissioner shall, subject to section 110 above and sections 115 and 116 below, act in accordance with his own discretion.

2

Any question whether a complaint is duly made to a Commissioner under this Part shall be determined by the Commissioner.

114 Procedure, and additional procedural provisions.

1

A Commissioner—

a

shall not entertain a complaint under this Part of this Act unless it is made in writing to him by or on behalf of the person aggrieved not later than one year from the day on which the person aggrieved first had notice of the matters alleged in the complaint, but

b

may conduct an investigation pursuant to a complaint not made within that period if he considers it reasonable to do so.

2

The additional provisions contained in Part I of Schedule 13 to this Act, which relate to procedure and other matters, have effect for the purposes of this Part.

115 Matters subject to investigation.

A Commissioner may investigate—

a

an alleged failure in a service provided by a relevant body, or

b

an alleged failure of such a body to provide a service which it was a function of the body to provide, or

c

any other action taken by or on behalf of such a body,

in a case where a complaint is duly made by or on behalf of any person that he has sustained injustice or hardship in consequence of the failure or in consequence of maladministration connected with the other action.

This section is subject to sections 110 and 113 above and section 116 below.

116 Matters not subject to investigation.

1

Except as hereafter provided, a Commissioner shall not conduct an investigation under this Part of this Act in respect of any of the following matters—

a

any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment or by virute of Her Majesty’s prerogative, or

b

any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law,

but a Commissioner may conduct an investigation notwithstanding that the person aggrieved has or had such a right or remedy, if satisfied that in the particular circumstances it is not reasonable to expect him to resort or have resorted to it.

2

Without prejudice to subsection (1) above—

a

a Commissioner shall not conduct an investigation under this Part in respect of any such action as is described in Part II of Schedule 13 to this Act; and

b

nothing in sections 110, 113 and 115 above shall be construed as authorising such an investigation in respect of action taken in connection with any general medical services, general dental services, general ophthalmic services or pharmaceutical services by a person providing the services

3

Her Majesty may by Order in Council amend Part II of Schedule 13 so as to exclude from it action described in subparagraph (3) or (4) of paragraph 19 of that Schedule.

117 Reference to Commissioner by relevant body.

Notwithstanding anything in sections 111 and 112 and section 114(1) above, a relevant body—

a

may itself (excluding its officers) refer to a Commissioner a complaint that a person has, in consequence of a failure or maladministration for which the body is responsible, sustained such injustice or hardship as is mentioned in section 115 above if the complaint—

i

is made in writing to the relevant body by that person, or by a person authorised by virtue of section 111(2) above to make the complaint to the Commissioner on his behalf, and

ii

is so made not later than one year from the day mentioned in section 114(1) above, or within such other period as the Commissioner considers appropriate in any particular case, but

b

shall not be entitled to refer a complaint in pursuance of paragraph (a) after the expiry of F612twelve months beginning with the day on which the body received the complaint.

A complaint referred to a Commissioner in pursuance of this section shall, subject to section 113 above, be deemed to be duly made to him under this Part of this Act.

118 Consultations between Commissioners and Local Commissioners.

1

Where, at any stage in the course of conducting an investigation under this Part of this Act, the Commissioner conducting the investigation—

a

forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under Part III of the M85Local Government Act 1974, then

b

he shall consult about the complaint with the appropriate Local Commissioner within the meaning of Part III of that Act of 1974, and

c

if he considers it necessary, inform the person initiating the complaint under this Part of the steps necessary to initiate a complaint under Part III of that Act of 1974.

F6131A

Where, at any stage in the course of conducting an investigation under this Part of this Act, the Commissioner conducting the investigation forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under the M86Parliamentary Commissioner Act 1967, he shall—

a

unless he also holds office as the Parliamentary Commissioner, consult about the complaint with the Parliamentary Commissioner; and

b

if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint under the Parliamentary Commissioner Act 1967.

1B

Where, at any stage in the course of conducting an investigation under this Part of this Act, the Commissioner conducting the investigation forms the opinions that the complaint relates partly to a matter within the jurisdiction of another Health Service Commissioner (whether under this Part of this Act or under Part VI of the M87National Health Service (Scotland) Act 1978), he shall—

a

unless he also holds office as that other Health Service Commissioner, consult about the complaint with him; and

b

if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint to the other Health Service Commissioner.

2

F614Where a Commissioner consults with another Commissioner in accordance with this section, the consultations may extend to matter relating to the complaint, including—

a

the conduct of any investigation into the complaint; and

b

the form, content and publication of any report of the results of such an investigation.

3

Nothing in paragraph 16 of Schedule 13 to this Act applies in relation to the disclosure of information by a Commissioner or his officers in the course of consultations held in accordance with this section.

119 Reports by Commissioners.

1

In any case where a Commissioner conducts an investigation under this Part of this Act, he shall send a report of the results of his investigation—

a

to the person who made the complaint,

F615aa

to any member of the House of Commons who, to the Commissioner’s knowledge, assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate),

b

to the relevant body in question,

c

to any person who is alleged in the complaint to have taken or authorised the action complained of,

d

if the relevant body in question is not an Area F616or District Health Authority for an area F616or district in England . . . F617 to the Secretary of State,

e

if that body is an Area F616or District Health Authority for an area in England, to the Regional Health Authority of which the region includes that area F616or district, . . . F618

f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F618

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F619

2

In any case where a Commissioner decides not to conduct an investigation under this Part, he shall send a statement of his reasons for doing so to the person who made the complaint F620and to any such member of the House of Commons as is mentioned in subsection (1)(aa) above and to the relevant body in question.

3

If, after conducting an investigation under this Part, it appears to a commissioner that the person aggrieved has sustained such injustice or hardship as is mentioned in section 115 above, and that the injustice or hardship has not been and will not be remedied, he may if he thinks fit—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F621

b

F619. . . make a special report to the Secretary of State who shall, as soon as is reasonably practicable, lay a copy of the report before each House of Parliament.

4

Each of the Commissioners shall—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F622

b

annually make to the Secretary of State a report on the performance of his . . . F623 functions under this Part, and may from time to time make to the Secretary of State such other reports with respect to those functions as the Commissioner thinks fit, and the Secretary of State shall lay a copy of every such report before each House of Parliament.

5

For the purposes of the law of defamation, the publication of any matter by a Commissioner in sending or making a report in pursuance of subsection (1), (3) or (4) above, or in sending a statement in pursuance of subsection (2) above, shall be absolutely privileged.

120 Interpretation of Part V.

1

In this Part of this Act and in Schedule 13 to this Act—

  • “action” includes failure to act, and other expressions connoting action shall be construed accordingly;

  • “Commissioner” means the Health Service Commissioner for England or the Health Service Commissioner for Wales, and “Commissioners” means both those persons;

  • “person aggrieved” means the person who claims or is alleged to have sustained such injustice or hardship as is mentioned in section 115 above; and

  • “relevant body” has the meaning given by section 109 above, and (except where the context otherwise requires) includes a reference to an officer of the body.

2

Nothing in this Part of this Act authorises or requires a Commissioner to question the merits of a decision taken without maladministration by a relevant body in the exercise of a discretion vested in that body.

Part VI Miscellaneous and Supplementary

General provisions as to charges

C30C31121 Charges in respect of non-residents.

Regulations may provide for the making and recovery, in such manner as may be prescribed, of such charges F103as the Secretary of State may determine—

a

in respect of such services provided under this Act as may be prescribed, being

b

services provided in respect of such persons not ordinarily resident in Great Britian as may be prescribed.

Such regulations may provide that the charges are only to be made in such cases as may be determined in accordance with the regulations.

F104The Secretary of State may calculate charges under this section on any basis that he considers to be the appropriate commercial basis.

122 Recovery of charges.

1

All charges recoverable under this Act by the Secretary of State, a local social services authority, or any body constituted under this Act F624or Part I of the National Health Service and Community Care Act 1990, may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

2

If any person, for the purpose of evading the payment of any charge under this Act, or of reducing the amount of any such charge—

a

knowingly makes any false statement or false representation, or

b

produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

the charge, or as the case may be the balance of the charge, may be recovered from him as a simple contract debt by the person by whom the cost of the service in question was defrayed.

C32C33F105122A Recovery of other charges and payments.

1

Where goods or services to which this section applies are provided and either—

a

any charge payable by any person under this Act in respect of the provision of the goods or services is reduced, remitted or repaid, but that person is not entitled to the reduction, remission or repayment, or

b

any payment under this Act is made to, or for the benefit of, any person in respect of the cost of obtaining the goods or services, but that person is not entitled to, or to the benefit of, the payment,

the amount mentioned in subsection (2) below is recoverable summarily as a civil debt from the person in question by the responsible authority.

2

That amount—

a

in a case within subsection (1)(a) above, is the amount of the charge or (where it has been reduced) reduction,

b

in a case within subsection (1)(b) above, is the amount of the payment.

3

Where two or more persons are liable under section 122(1) above or this section to pay an amount in respect of the same charge or payment, those persons shall be jointly and severally liable.

4

For the purposes of this section, the circumstances in which a person is to be treated as not entitled to a reduction, remission or repayment of a charge, or to (or to the benefit of) a payment, include in particular those in which it is received (wholly or partly)—

a

on the ground that he or another is a person of a particular description, where the person in question is not in fact of that description,

b

on the ground that he or another holds a particular certificate, when the person in question does not in fact hold such a certificate or does hold such a certificate but is not entitled to it,

c

on the ground that he or another has made a particular statement, when the person in question has not made such a statement or the statement made by him is false.

5

In this section and section 122B below, “responsible authority” means—

a

in relation to the recovery of any charge under section 122(1) above in respect of the provision of goods or services to which this section applies, the person by whom the charge is recoverable,

b

in relation to the recovery by virtue of this section of the whole or part of the amount of any such charge, the person by whom the charge would have been recoverable,

c

in a case within subsection (1)(b) above, the person who made the payment.

6

But the Secretary of State may by directions provide for—

a

the functions of any responsible authority of recovering any charges under this Act in respect of the provision of goods or services to which this section applies,

b

the functions of any responsible authority under this section and section 122B below,

to be exercised on behalf of the authority by another health service body.

7

This section applies to the following goods and services—

a

dental treatment and appliances provided in pursuance of this Act,

b

drugs and medicines provided in pursuance of this Act,

c

the testing of sight,

d

optical appliances,

e

any other appliances provided in pursuance of this Act.

F106C34C35122B Penalties.

1

Regulations may provide that, where a person fails to pay—

a

any amount recoverable from him under section 122(1) above in respect of the provision of goods or services to which section 122A above applies, or

b

any amount recoverable from him under section 122A above,

a notice (referred to in this section as a penalty notice) may be served on the person by the responsible authority requiring him to pay to the authority, within a prescribed period, that amount together with a charge (referred to in this section as a penalty charge) of an amount determined in accordance with the regulations.

2

The regulations may not provide for the amount of the penalty charge to exceed whichever is the smaller of—

a

£100,

b

the amount referred to in subsection (1)(a) or (b) above multiplied by 5.

3

The Secretary of State may by order provide for subsection (2) above to have effect as if, for the sum specified in paragraph (a) or the multiplier specified in paragraph (b) (including that sum or multiplier as substituted by a previous order), there were substituted a sum or (as the case may be) multiplier specified in the order.

4

Regulations may provide that, if a person fails to pay the amount he is required to pay under a penalty notice within the period in question, he must also pay to the responsible authority by way of penalty a further sum determined in accordance with the regulations.

5

The further sum must not exceed 50 per cent. of the amount of the penalty charge.

6

Any sum payable under the regulations (including the amount referred to in subsection (1)(a) or (b) above) may be recovered by the responsible authority summarily as a civil debt.

7

But a person is not liable by virtue of a penalty notice—

a

to pay at any time so much of any amount referred to in subsection (1)(a) or (b) above for which he is jointly and severally liable with another as at that time has been paid, or ordered by a court to be paid, by that other, or

b

to a penalty charge, or a further sum by way of penalty, if he shows that he did not act wrongfully, or with any lack of care, in respect of the charge or payment in question.

8

In spite of section 126(1) below, no order is to be made under subsection (3) above unless a draft has been laid before, and approved by resolution of, each House of Parliament.

F107C36122C Offences.

1

A person is guilty of an offence if he does any act mentioned in subsection (2) below with a view to securing for himself or another—

a

the evasion of the whole or part of any charge under this Act in respect of the provision of goods or services to which section 122A above applies,

b

the reduction, remission or repayment of any such charge, where he or (as the case may be) the other is not entitled to the reduction, remission or repayment,

c

a payment under this Act (whether to, or for the benefit of, himself or the other) in respect of the cost of obtaining such goods or services, where he or (as the case may be) the other is not entitled to, or to the benefit of, the payment.

2

The acts referred to in subsection (1) above are—

a

knowingly making, or causing or knowingly allowing another to make, a false statement or representation, or

b

in the case of any document or information which he knows to be false in a material particular, producing or providing it or causing or knowingly allowing another to produce or provide it.

3

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

4

A person, although he is not a barrister or solicitor, may conduct any proceedings under this section before a magistrates’ court if he is authorised to do so by the Secretary of State.

5

Proceedings for an offence under this section may be begun within either of the following periods—

a

the period of three months beginning with the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to his knowledge,

b

the period of 12 months beginning with the commission of the offence.

6

For the purposes of subsection (5) above, a certificate purporting to be signed by or on behalf of the Secretary of State as to the date on which such evidence as is mentioned in paragraph (a) of that subsection came to his knowledge is conclusive evidence of that date.

7

Where, in respect of any charge or payment under this Act—

a

a person is convicted of an offence under this section, or

b

a person pays any penalty charge, and any further sum by way of penalty, recoverable from him under section 122B above,

he shall not, in a case within paragraph (a) above, be liable to pay any such penalty charge or further sum by way of penalty or, in a case within paragraph (b) above, be convicted of such an offence.

8

Subsection (4) of section 122A above applies for the purposes of this section as it applies for the purposes of that.

Miscellaneous

123 Persons displaced by health service development.

1

Where the carrying out of a scheme for the provision by the Secretary of State in pursuance of this Act of hospital accommodation or other facilities will involve the displacement from any premises of persons residing in them, the Secretary of State may make arrangements with one or more of the following bodies—

F108a

a local housing authority within the meaning of the M20Housing Act 1985,

b

a housing association or housing trust within the meaning of the M21Housing Associations Act 1985,

d

a development corporation established under the F109M22New Towns Act 1981 and

e

the Commission for the New Towns,

for securing, in so far as it appears to him that there is no other residential accommodation suitable for the reasonable requirements of those persons available on reasonable terms, the provision of residential accommodation in advance of the displacement from time to time becoming necessary as the carrying out of the scheme proceeds.

2

Arrangements under subsection (1) above may include provision for making by the Secretary of State to the body with whom the arrangements are made of payments of such amounts and for such purposes as may be approved by the Treasury.

124 Special notices of births and deaths.

1

The requirements of this section with respect to the notification of births and deaths are in addition to, and not in substitution for, the requirements of any Act relating to the registration of births and deaths.

2

It is the duty of each registrar of births and deaths to furnish, to the F110Health Authority the area of which includes the whole or part of the registrar’s sub-district, such particulars of each birth and death which occurred in the F110Health Authority’s area as are entered in a register of births or deaths kept for that sub-district.

3

Regulations may provide as to the manner in which and the times at which particulars are to be furnished in pursuance of subsection (2) above.

4

In the case of every child born, it is the duty—

a

of the child’s father, if at the time of the birth he is actually residing on the premises where the birth takes place, and

b

of any person in attendance upon the mother at the time of, or within six hours after, the birth,

to give notice of the birth (as provided in subsection (5) below) to the F111Health Authority for the area in which the birth takes place.

This subsection applies to any child which has issued forth from its mother after the expiry of the twenty-eighth week of pregnancy whether alive or dead.

5

Notice under subsection (4) above shall be given either—

a

by posting within 36 hours after the birth a prepaid letter or postcard addressed to the F112Health Authority at their offices and containing the required information, or

b

by delivering within that period at F112the Health Authority’s offices a written notice containing the required information,

and F112a Health Authorityshall, upon application to them, supply without charge to any medical practitioner or midwife residing or practising within their area F113 or districtprepaid addressed envelopes together with the forms of notice.

6

Any person who fails to give notice of a birth in accordance with subsection (4) above is liable on summary conviction to a fine not exceeding F114level 1 on the standard scale, unless he satisfies the court that he believed, and had reasonable grounds for believing, that notice had been duly given by some other person.

Proceedings in respect of this offence shall not, without the Attorney-General’s written consent, be taken by any person other than a party aggrieved or the F115Health Authorityconcerned.

7

A registrar of births and deaths shall, for the purpose of obtaining information concerning births which have occurred in his sub-district, have access at all reasonable times to notices of births received by a F116Health Authority under this section, or to any book in which those notices may be recorded.

124AF117 Provision of information by Registrar General.

1

The Registrar General may provide to the Secretary of State any information to which this section applies.

2

Any information provided under subsection (1) above shall be provided in such form as appears to the Registrar General appropriate for the purpose of assisting the Secretary of State in the performance of his functions in relation to the health service.

3

This section applies to any information—

a

entered in any register kept under the M23Births and Deaths Registration Act 1953; or

b

which is kept by the Registrar General under any other enactment and relates to any birth or death.

4

In subsection (3) above, “enactment” includes an enactment contained in subordinate legislation.

C38125C37Protection of members and officers of authorities.

Section 265 of the M24Public Health Act 1875 (which relates to the protection of members and officers of certain authorities) has effect as if there were included in the authorities referred to in that section—

F118a

a Health Authority,

b

a Special Health Authority, and

c

an NHS trust,

and as if any reference in that section to the Public Health Act 1875 included a reference to this Act F119and the National Health Service and Community Care Act 1990.

Supplementary

C94126 Orders and regulations, and directions.

1

Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument, and a statutory instrument made by virtue of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

This subsection—

F625a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

does not apply to paragraph 10 of Schedule 11 to this Act.

2

Any power to make regulations conferred on the Secretary of State by this Act F626or Part I of the National Health Service and Community Care Act 1990 is, if the Treasury so directs, exercisable by the Treasury and the Secretary of state acting jointly, except in the case of—

a

regulations made under section 32 above;

b

regulations made under section 77(1) above in respect of charges for the drugs, medicines or appliances referred to in paragraph (a) of that subsection, or under paragraphs 1(1) of Schedule 12 to this Act F626or Part I of the National Health Service and Community Care Act 1990 in respect of the remission or repayment of any charge payable under that section in the cases provided for in paragraph 1(1) of that Schedule;

c

regulations made under paragraph 2(2) of that Schedule;

d

regulations made under paragraph 2(6) of that Schedule.

3

Where under F627or by virtue of any provision of this Act F626or Part I of the National Health Service and Community Care Act 1990—

a

power to make an order may be exercisable, or

b

directions may be given,

that provision includes power to vary or revoke the order or direction, as the case may be, by subsequent order or by subsequent directions.

F6283A

Directions given by the Secretary of State in pursuance of any provision of this Act or Part I of the M88National Health Service and Community Care Act 1990 shall be given by an instrument in writing.

3B

In relation to directions given in pursuance of sections 11 to 17 above section 18 above applies in place of subsections (3) and (3A) above.

C95C96C944

Any power conferred by this Act F626or Part I of the National Health Service and Community Care Act 1990 to make orders, regulations or schemes, and any power conferred by section 18 above to give directions by an instrument in writing, may unless the contrary intention appears, be exercised—

a

either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case, and

b

so as to make, as respects the cases in relation to which it is exercised—

i

the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

ii

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 F626or Part I of the National Health Service and Community Care Act 1990 or that section,

iii

any such provision either unconditionally, or subject to any specified condition,

and includes power to make such incidental or supplemental provision in the orders, regulations, schemes or directions as the persons making or giving them consider appropriate.

This subsection does not only apply to regulations made under section 32 above (but without prejudice to subsection (3) of that section) or to an order made under section 57 above (but without prejudice to paragraph 1(1) of Schedule 11 to this Act F626or Part I of the National Health Service and Community Care Act 1990 ).

F629C95C945

Without prejudice to the generality of subsection (4) above, any power which may be exercised as mentioned in paragraphs (a) and (b) of that subsection may make different provision for different areas.

127 Supplementary regulatory powers.

Regulations may provide for all or any of the following matters—

a

for prescribing the forms and manner of service of notices and other documents;

b

for prescribing the manner in which documents may be executed or proved;

c

for prescribing the manner in which resolutions of any bodies (except the Public Health Laboratory Service Board) continued in being by this Act are to be proved;

d

for exempting judges and justices of the peace from disqualification by their liability to rates.

128 Interpretation and construction.

1

In this Act F630and Part I of the National Health Service and Community Care Act 1990, unless the contrary intention appears—

  • F631. . .

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F632

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F633

  • “dental practitioner” means a person registered in the dentists register under the M89Dentists Act F6341984;

  • F635“disabled persons” means persons who are blind, deaf or dumb or who suffer from mental disorder of any description and other persons who are substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed;

  • “dispensing optician” means a person who is registered in the register kept under section 2 of the M90Opticians Act 1958 of dispensing opticians or a body corporate enrolled in the list kept under section 4 of that Act of such bodies carrying on business as dispensing opticians;

  • “equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle;

  • “functions” included powers and duties;

  • F636“fund-holding practice” shall be construed in accordance with section 14 of the National Health Service and Community Care Act 1990;

  • F631. . .

  • “the health service” means the health service established in pursuance of F637section 1 of the M91National Health Service Act 1946 and continued under section 1(1) above;

  • “health service hospital” means a hospital vested in the Secretary of State F638for the purposes of his functions under this Act F639or vested in an NHS trust;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F632

  • “hospital” means—

a

any institution for the reception and treatment of persons suffering from illness,

b

any maternity home, and

c

any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,

and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and hospital accommodation shall be construed accordingly;

  • “illness” includes mental disorder within the meaning of F640the M92Mental Health Act 1983 and any injury or disability requiring medical or dental treatment or nursing;

  • “local authority” means a county council, . . . F641a district council, F642a county borough council, a London borough council, and the Common Council of the City of London; F643. . .

  • “local education authority” has the same meaning as in the F644the Education Act 1996;

  • “local social services authority” means the council of a non-metropolitan county, F645of a county boroughor of a metropolitan district or London borough, or the Common Council of the City of London;

  • “medical” includes surgical;

  • F646“medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the M93Interpretation Act 1978

  • “medicine” includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 above;

  • “modifications” includes additions, omissions and amendments;

  • F647“NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990;

  • “National Health Service trust” has the meaning assigned by section 5 of the National Health Service and Community Care Act 1990 and “NHS trust” shall be construed accordingly

  • “officer” includes servant;

  • F648“operational date”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 2 to the National Health Service and Community Care Act 1990

  • “ophthalmic optician” means a person registered in either of the registers kept under F649section 7 of the Opticians Act 1989 of ophthalmic opticians or a body corporate enrolled in the list kept under F650section 9 of that Act of such bodies carrying on business as ophthalmic opticians;

  • “patient” includes an expectant or nursing mother and a lying-in woman;

  • F651“pharmaceutical services” has the meaning assigned by section 41 of this Act

  • “prescribed” means prescribed by regulations made by the Secretary of State under this Act F652or Part I of the National Health Service and Community Care Act 1990;

  • F653“primary functions” shall be construed in accordance with section 3 of the National Health Service and Community Care Act 1990

  • “property” includes rights; . . . F633

  • “registered pharmacist” means a pharmacist registered in the register of pharmaceutical chemists;

  • “regulations” means regulations made by the Secretary of State under this Act F654or Part I of the National Health Service and Community Care Act 1990;

  • “special hospital” has the meaning given by section 4 above;

  • “superannuation benefits” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits;

  • “university” includes a university college;

  • F655“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F632

2

References in this Act to the purposes of a hospital shall be construed as referring both to the general purposes of the hospital and to any specific purpose of the hospital.

3

Any reference in this Act to any enactment is a reference to it as amended or applied by or under any other enactment including this Act.

129 Transitional provisions and savings, consequential amendments, and repeals.

Schedule 14 to this Act is hereby given effect, and subject to the transitional provisions and savings contained in that Schedule—

a

the enactments and the Order specified in Schedule 15 to this Act have effect subject to the amendments (being amendments consequent on this Act) specified in that Schedule, and

b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

but nothing in this Act shall be taken as prejudicing the operation of F121sections 16(1) and 17(2)(a) of the M25Interpretation Act 1978 (which relates to the operation of repeals).

130 Short title, extent and commencement.

1

This Act may be cited as the National Health Service Act 1977.

2

This Act does not extend to Scotland, except as is mentioned in paragraph 3 of Schedule 11 to this Act.

3

The following provisions only of this Act apply to Northern Ireland—

a

this subsection and subsections (1) above and (5) below;

b

section 57 above and Schedule 11 to this Act;

F122c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

paragraph 13 of Schedule 14 to this Act so far as it relates to any enactment which extends to Northern Ireland;

e

paragraph (a) of section 129 above and Schedule 15 to this Act so far as they amend any enactment and order which extends to Northern Ireland;

f

paragraph (b) of section 129 and Schedule 16 to this Act so far as they repeal any enactment which extends to Northern Ireland.

C394

The Secretary of State may by order provide that this Act shall extend to the Isles of Scilly with such modifications, if any, as are specified in the order, and except as provided in pursuance of this subsection this Act does not extend to the Isles of Scilly.

The Secretary of State may by any such order amend or repeal any provisions contained in the Isles of Scilly Orders 1927 to 1943.

5

This Act shall come into force on the expiry of the period of one month beginning on the date of its passing.

SCHEDULES

SCHEDULE 1Additional Provisions as to the Medical and Dental Inspection and Treatment of Pupils F125and their education in dental health

Annotations:
Amendments (Textual)

C40C411

Without prejudice to the Secretary of State’s powers apart from this paragraph, he may—

a

by arrangement with any local education authority, provide for any medical or dental inspection or treatment F123or for education in dental health of—

i

senior pupils in attendance at any educational establishment, other than a school, which is maintained by the authority and at which full-time further education is provided, or

ii

any child or young person who, in pursuance of F124section 19 or 319 of the Education Act 1996 is receiving primary or secondary education otherwise than at a school;

b

by arrangement with the proprietor of any educational establishment which is not maintained by a local education authority, make any such provision in respect of junior or senior pupils in attendance at the establishment.

2

A local education authority shall not arrange in pursuance of paragraph 1 above in respect of such an establishment as is mentioned in sub-paragraph (a)(i) of that paragraph except by agreement with the governors of the establishment; and an arrangement in pursuance of sub-paragraph (b) of paragraph 1 may provide for payments by the proprietor in question.

C973

It is the duty of the local education authorities by which schools (other than voluntary schools) are maintained F656, of the governors of voluntary schools or (as the case may be) of the governing bodies of grant–maintained schools to make available to the Secretary of State such accommodation as is appropriate for the purpose of assisting him so to provide as is mentioned in F657section 5 above for pupils in attendance at the schools.

4

In F658section 5 above, and in this Schedule expressions to which meanings are given F659for the purposes of the Education Act 1996 have those meanings.

SCHEDULE 2 Additional Provisions as to Vehicles for Those Suffering Disability

1

The Secretary of State has power, in the case of an invalid carriage or other vehicle provided by him for or belonging to any such person as is mentioned in paragraph (a) of section 5(2) above, on such terms and subject to such conditions as he may determine—

a

to adapt the vehicle for the purposes of making it suitable for the circumstances of that person;

b

to maintain and repair the vehicle;

c

to take out insurance policies relating to the vehicle and pay the duty, if any, with which the vehicle is chargeable under F126the Vehicle Excise and Registration Act 1994;

d

to provide a structure in which the vehicle may be kept, and to provide all material and execute all works necessary for the structure’s erection.

2

The Secretary of State may, on such terms and subject to such conditions as he may determine, make payments by way of grant towards costs incurred by any such person as is mentioned in paragraph (a) of section 5(2) above in respect of all or any of the following matters in relation to an invalid carriage or other vehicle provided by the Secretary of State for or belonging to that person—

a

the taking of any such action as is referred to in paragraph 1 above;

b

the purchase of fuel for the purposes of the vehicle, so far as the cost of the purchase is attributable to duties of excise payable in respect of fuel; and

c

the taking of instruction in the driving of the vehicle.

3

Regulations may provide for any incidental or supplementary matter for which it appears to the Secretary of State necessary or expedient to provide in connection with the taking of action under paragraph 1 above or the making of any payment under paragraph 2 above.

4

In paragraph (a) of section 5(2) above, and in this Schedule. “invalid carriage” means a mechanically propelled vehicle specially designed and constructed (and not merely adapted) for the use of a person suffering some physical defect or disability and used solely by such a person.

SCHEDULE 3 Public Health Laboratory Service Board

Part I Constitution of the Public Health Laboratory Service Board

1

The Public Health Laboratory Service Board shall be a body corporate.

2

The Board may accept, hold and administer properly on trust for any purposes relating to F127its functions.

3

The Board shall consist of a chairman appointed by the Secretary of State and such other members so appointed as the Secretary of State thinks fit, and the members shall include—

a

not less than two persons appointed after consultation with the Medical Research Council; and

b

not less than two persons with experience as microbiologists, appointed after consultation with such organisations as the Secretary of State thinks appropriate; and

c

not less than two proper officers appointed by a local authority; and

d

not less than one person with experience of service in hospitals; and

e

not less than one medical practitioner engaged in general medical practice, appointed after consultation with such organisations as the Secretary of State may recognise as representative of practitioners so engaged.

4

Subject to paragraph 5 below members shall be appointed for a term of three years.

5

Any member appointed to fill a casual vacancy shall be appointed for the remainder of the term for which his predecessor was appointed.

6

A member may at any time resign his office.

7

A person who is or has been a member of the Board shall be eligible for re-appointment as a member.

8

The Board may elect a deputy chairman and may appoint one or more committees consisting wholly or partly of members of the Board and may delegate to any such committee any of the Board’s functions.

9

The proceedings of the Board or any committee appointed by the Board shall not be invalidated by any vacancy in the membership of the Board or committee, or by any defect in the appointment or qualification of any such member.

10

The Board and, subject to any directions of the Board, any committee appointed by them, may regulate their own procedure and fix a quorum for any of their proceedings.

Part II Additional Provisions as to the Public HealthLaboratory Service Board

11

The Board may appoint such officers and servants, on such terms as to remuneration and conditions of service, as the Board may, with the Secretary of State’s approval, determine.

12

The Board may pay to its members and to the members of any committee appointed by the Board such F128remuneration and allowances, and may make such provision for the payment of pensions, gratuities or allowances to or in respect of persons who have ceased to be members of the Board, as the Secretary of State may with the approval of F129the Treasury determine.

13

The Board shall exercise their functions in accordance with any direction which the Secretary of State may give to them but shall in the exercise of those functions be deemed for all purposes to act as principal.

14

The Secretary of State shall pay to the Board, out of moneys provided by Parliament, such sums as may be necessary to defray the expenditure of the Board incurred with his approval.

15

Any sums received by the Board (otherwise than in exercise of their power under paragraph 2 above, or under paragraph 14 above) shall be paid into the Consolidated Fund.

16

The Board shall keep proper accounts and other records in such form as the Secretary of State may, with the approval of the Treasury, determine.

17

The Board shall prepare and transmit to the Secretary of State in respect of each financial year statements of account in such form as the Secretary of State may, with the approval of the Treasury, determine.

18

The Secretary of State shall transmit these statements of accounts on or before 30th November following the financial year to the Comptroller and Auditor General, who shall examine and certify them and lay copies of them together with his report on them before each House of Parliament.

SCHEDULE 4 Central Health Services Council and AdvisoryCommittees

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

Supplementary provisions

2

Regulations may make provision with respect to the appointment, tenure of office and vacation of office of the members of . . . F131 and of any standing advisory committee constituted under section 6 above.

3

The Secretary of State shall appoint a secretary to . . . F132 each standing advisory committee.

4

F133. . . any standing advisory committee may appoint such sub-committees, as they think fit, and as are approved by the Secretary of State, to consider and report upon questions referred to them by the F133. . . standing advisory committee as the case may be.

Any such committee or sub-committee may include persons who are not members of the . . . F133 standing advisory committee . . . F133.

5

. . . F134 and any standing advisory committee shall elect one of the members of the. . . F134 committee. . . F134 to be chairman of the. . . F134 committee, and shall have power to regulate their own procedure.

6

The proceedings of . . . F135 any standing advisory committee shall not be invalidated by any vacancy in the membership of the . . . F135 committee, or by any defect in a member’s appointment or qualification.

SCHEDULE 5F166HEALTH AUTHORITIES AND SPECIAL HEALTH AUTHORITIES

Annotations:
Amendments (Textual)
F166

Sch. 5 heading substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 59 (with Sch. 2 para. 6)

F140Part I Membership of Health Authorities

Annotations:
Amendments (Textual)
F140

By 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 59 (with Sch. 2 para. 6) it is provided (28.6.1995 for specified purposes and otherwise 1.4.1996) that Sch. 5 Pt. I shall be inserted

F1361

A Health Authority shall consist of—

a

a chairman appointed by the Secretary of State;

b

not more than a prescribed number of persons (not being officers of the Health Authority) appointed by the Secretary of State; and

c

a prescribed number of officers of the Health Authority.

F1372

Regulations may provide that all or any of the persons appointed as members of a Health Authority under paragraph 1(b) above—

a

must hold posts of a prescribed description; or

b

must fulfil any other prescribed conditions.

F1383

Regulations shall provide that each of the persons who is a member of a Health Authority under paragraph 1(c) above must either—

a

hold an office of the Health Authority of a prescribed description; or

b

be appointed by the chairman of the Health Authority and the persons appointed as members of the Health Authority under paragraph 1(b) above.

F1394

Regulations may provide for a person of a prescribed description who is not an officer of a Health Authority to be treated for the purposes of this Part of this Schedule, and any other prescribed provision relating to members of (or of committees or sub-committees of) Health Authorities, as if he were such an officer.

F140F1414A

Paragraphs 1 to 4 above apply in relation to Health Authorities as they apply in relation to Strategic Health Authorities.

F154C42Part I Membership of Regional F155Area and District Health Authorities

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C42

Sch. 5 Pt. I: by s. 1(2) of the National Health Service and Community Care Act 1990 (c. 19, SIF 113:2) it is provided that Part I of Schedule 1 to that Act shall have effect in place of Part I of Schedule 5

Regional Health Authorities

1

1

A Regional Health Authority shall consist of a chairman appointed by the Secretary of State, and of such number of other members appointed by him as he thinks fit.

2

Except in prescribed cases, it is the Secretary of State’s duty, before he appoints a member of a Regional Health Authority other than the chairman, to consult with respect to the appointment—

a

such of the following bodies of which the areas or parts of them are within the region of the Authority, namely, county councils, metropolitan district councils, . . . F142 London borough councils, and the Common Council of the City of London;

b

the university or universities with which the provision of health services in that region is, or is to be, associated;

c

such bodies as the Secretary of State may recognise as being, either in that region or generally, representative respectively of medical practitioners F143including medical practitioners qualified in homoeopathy, dental practitioners, nurses, midwives, registered pharmacists and ophthalmic . . . F144 opticians, or representative of such other professions as appear to him to be concerned;

d

any federation of workers’ organisations which appears to the Secretary of State to be concerned, and any voluntary organisation within the meaning of section 23 above and any other body which appear to him to be concerned; and

e

in the case of an appointment of a member falling to be made after the establishment of the Regional Health Authority in question, that Authority.

Area Health Authorities

2

1

. . . F145 an Area F146or District Health Authority for an area F146or district in England shall consist of the following members—

a

a chairman appointed by the Secretary of State;

b

the specified number of members appointed by the relevant Regional Authority after consultation (except in prescribed cases) with the bodies mentioned in sub-paragraph (2) below;

c

the specified number of members appointed by the relevant Regional Authority on the nomination of the university or universities specified as being associated with the provision of health services in that Authority’s region; and

d

the specified number (not less than four) of members appointed by the specified local authority or local authorities.

2

The bodies referred to in sub-paragraph (1)(b) above are—

a

such bodies as the relevant Regional Authority may recognise as being, either in its region or in the area F146or district of the Area F146or District Health Authority or generally, representative respectively of medical practitioners, dental practitioners, nurses, midwives, registered pharmacists and ophthalmic . . . F147 opticians, or representative of such other professions as appear to the relevant Regional Authority to be concerned;

b

such other bodies (including any federation of workers’ organisations) as appear to the relevant Regional Authority to be concerned, excluding any university which has nominated, or is entitled to nominate, a member, and any local authority which has appointed, or is entitled to appoint, a member; and

c

in the case of an appointment of a member falling to be made after the establishment of the Area F146or District Health Authority in question, that Authority.

3

Paragraph 2 above applies to an Area F148or District Health Authority for an area F148or district in Wales as if, for any reference to the relevant Regional Authority, there were substituted a reference to the Secretary of State, and for any reference to England or the region of that Authority there were substituted a reference to Wales.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F149

Supplemental

5

1

For the purposes of paragraphs 2 to 4 above—

a

“local authority” means the council of a non–metropolitan county, a metropolitan district, F150a non-metropolitan district and a London borough, . . . F151and the Common Council of the City of London;

b

“the relevant Regional Authority” means the Regional Health Authority of which the region includes F152the area or district of the Area or District Health Authority in question; and

c

“specified” means specified in the order establishing the Area F150or District Health Authority in question, . . . F153.

2

Where—

a

an order establishing an Area F150or District Health Authority, . . . F153, specifies more than one university in pursuance of paragraph 2(1)(c) above, the order may contain provision as to which of the universities shall (either severally or jointly) nominated all or any of the members falling to be nominated in pursuance of that provision;

b

such an order specifies more than one local authority in pursuance of paragraph 2(1)(d) above, the order may provide for each of the local authorities to appoint in pursuance of paragraph 2(1)(d) the number of members specified in the order in relation to that local authority.

F159F160C44C45Part II Family Practitioner Committees

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C44

Sch. 5 Pt. II: by s. 2(4)(6) of the National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), it is provided that Part II of Schedule 1 of that Act shall have effect in place of Part II of Schedule 5

C436

1

Subject to paragraph 7 below, a Family Practitioner Committee shall consist of a chairman and 30 other members.

2

The chairman shall be appointed by the Secretary of State.

3

The other members shall be appointed by the Secretary of State, as follows—

a

8 shall be appointed from persons nominated by the Local Medical Committee for the locality of the Family Practitioner Committee, and one of them must be, but not more than one of them shall be, a medical practitioner having the qualifications prescribed in pursuance of section 38 above;

b

3 shall be appointed from persons nominated by the Local Dental Committee for that locality;

c

2 shall be appointed from persons nominated by the Local Pharmaceutical Committee for that locality;

d

1 shall be an ophthalmic optician appointed from persons nominated by such members of the Local Optical Committee for that locality as are ophthalmic opticians;

F156e

1 shall be appointed from persons nominated—

i

by the Local Medical Committee for the locality of the Family Practitioner Committee;

ii

by the Local Dental Committee for that locality;

iii

by the Local Pharmaceutical Committee for that locality; or

iv

by the Local Optical Committee for that locality;

f

4 shall be appointed from persons nominated by local authorities any part of whose area is in the locality of the Family Practitioner Committee;

g

4 shall be appointed from persons nominated by District Health Authorities any part of whose district is in the locality of the Family Practitioner Committee; and

h

7 shall be appointed after such consultations with such bodies as the Secretary of State considers appropriate.

4

One member must be a person who—

a

is registered in the register of qualified nurses, midwives and health visitors—

i

as a nurse recorded in the register as having an additional qualification in district nursing;

ii

as a midwife; or

iii

as a health visitor; and

b

has recent experience of providing services to patients (other than patients resident in hospital) in any such capacity.

5

If a nomination required for the purposes of sub-paragraph (3) above is not made before such date as the Secretary of State may determine, he may appoint a member without waiting any longer for the nomination.

6

No person—

a

shall be nominated for appointment to a Family Practitioner Committee under sub-paragraph (3)(f) or (g) above or sub-paragraph (5) above; or

b

shall be appointed to such a Committee under sub-paragraph (3)(f), (g) or (h) above,

if he is—

i

a medical practitioner;

ii

a dental practitioner;

iii

an ophthalmic optician;

iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F157

v

a registered pharmacist; or

vi

a person conducting a business providing any service for the purposes of Part II of this Act.

7

If a Local Medical Committee so require, the Secretary of State shall appoint from among medical practitioners having the qualifications prescribed in pursuance of section 38 above and nominated by the Local Medical Committee under sub-paragraph (3)(a) above a medical practitioner to be the deputy of such a practitioner appointed from among persons nominated by them under sub-paragraph (3)(a) above.

F1588

If a Local Optical Committee so require, the Secretary of State shall appoint from among ophthalmic opticians nominated by the Committee under sub-paragraph (3)(d) above an ophthalmic optician to be the deputy of such an optician appointed from among persons nominated by them under sub-paragraph (3)(d) above.

9

If a Local Optical Committee so require, the Secretary of State shall appoint from among dispensing opticians nominated by the Committee under sub-paragraph (3)(e) above a dispensing optician to be the deputy of such an optician appointed from among persons nominated by them under sub-paragraph (3)(e) above.

10

A deputy may, while the member for whom he is deputy is absent from any meeting of the relevant Family Practitioner Committee, act as a member of that Committee in the place of the absent member.

11

The Committee shall appoint one of their members to be vice-chairman.

7

1

If it appears to the Secretary of State that, by reason of special circumstances affecting a locality, it is appropriate that the Family Practitioner Committee for that locality should not be in accordance with paragraph 6 above, he may by order provide that that paragraph shall apply in relation to the Committee for that locality with such modifications as are specified in the order.

2

Subject to sub-paragraph (3) below, it is the Secretary of State’s duty, before he makes an order under sub-paragraph (1) above, to consult the Family Practitioner Committee for the locality and any District Health Authority any part of whose district is in the locality of the Family Practitioner Committee with respect to the order.

3

It shall also be his duty, in making any such order, to have regard to the desirability of maintaining, so far as practicable, the same numerical proportion as between members falling to be appointed in pursuance of paragraph 6 above as there would be if no modification were made.

7A

1

Any member of a Family Practitioner Committee appointed by virtue of paragraph 6(3)(e) above shall cease to be a member of the Committee on the day on which the repeal of that paragraph by section 24 of the Health and Social Security Act 1984 comes into force.

2

The following paragraph shall be substituted on that day for paragraph 6(3)(e) above—

e

1 shall be appointed from persons nominated—

i

by the Local Medical Committee for the locality of the Family Practitioner Committee;

ii

by the Local Dental Committee for that locality;

iii

by the Local Pharmaceutical Committee for that locality; or

iv

by the Local Optical Committee for that locality;

Part III Supplementary Provisions

Corporate status

8

Each F161Health Authority and each Special Health Authority (hereinafter in this Schedule referred to severally as “an authority”) shall be a body corporate.

Pay and allowances

C989

1

The Secretary of State may pay to the chairman of an authority F660and to any member of a relevant authority who is appointed by the Secretary of State F661. . . . . . F662 such remuneration as he may determine with the approval of F663the Treasury.

2

The Secretary of State may provide as he may determine with the approval of F664the Treasury for the payment of a pension, allowance or gratuity to or in respect of the chairman of an authority . . . F662.

3

Where a person ceases to be chairman of an authority . . . F662, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make to him a payment of such amount as the Secretary of State may determine with the approval of F665the Treasury.

4

The Secretary of State may pay to a member of an authority, or of a committee or sub-committee of an authority, such travelling and other allowances (including attendance allowance or compensation for the loss of remunerative time) as he may determine with the approval of F666the Treasury.

5

Allowances shall not be paid in pursuance of sub-paragraph (4) above except in connection with the exercise, in such circumstances as the Secretary of State may determine with the approval of F666the Treasury, of such functions as he may so determine.

6

Payments under this paragraph shall be made at such times, and in such manner and subject to such conditions, as the Secretary of State may determine with the approval of F667the Treasury.

F6687

In sub-paragraph (1) above “relevant authority”F669means—

a

a Health Authority; or

b

any Special Health Authority which is specified in Schedule 1 to the Authorities for London Post-Graduate Teaching Hospitals (Establishment and Constitution) Order M941982, in the Board of Governors of the Eastman Dental Hospital (Establishment and Constitution) Order M951984 or in any other provision of an order under this Act which specifies an authority for the purposes of this sub-paragraph.

Staff

10

F6701

Subject to and in accordance with regulations and such directions as may be given by the Secretary of State, an authority . . . F671 may employ such officers as it may determine at such remuneration and on such conditions of service as it may determine; and regulations and directions under this sub-paragraph may contain provision—

a

with respect to the qualifications of persons who may be employed as officers of an authority;

b

requiring an authority to employ F672a chief officer and officers of such other descriptions as may be prescribed and to employ, for the purpose of performing prescribed functions of the authority or any other body, officers having prescribed qualifications or experience; and

c

as to the manner in which any officers of an authority are to be appointed.

F6731A

Regulations or directions under sub-paragraph (1) above may provide for approvals or determinations to have effect from a date specified in them F674and a direction under that sub-paragraph may relate to a particular officer or class of officer specified in the direction.

1B

The date may be before or after the date of giving the approvals or making the determinations but may not be before if it would be to the detriment of the officers to whom the approvals or determinations relate.

2

Regulations may provide for the transfer of officers from one authority to another . . . F675, and for arrangements under which the services of an officer of an authority are placed at the disposal of another authority or a local authority.

F6762A

Where the registration of a dental practitioner in the dentists register is suspended—

a

by an order under F677section 32 of the M96Dentists Act 1984 (interim suspension); or

b

by a direction or F677an order of the Health Committee under that Act (health cases),

the suspension shall not terminate any contract of employment made between him and an authority but a person whose registration is suspended under that Part of that Act shall not perform any duties under a contract made between him and an authority which involves the practice of dentistry within the meaning of F677the M97Dentists Act 1984.

3

Directions may be given—

a

by the Secretary of State to an authority to place services of any of its officers at the disposal of another authority,

F678b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

by the Secretary of State to any authority . . . F679 to employ as an officer of the authority any person who is or was employed by another authority and is specified in the direction,

F678d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and it shall be the duty of an authority to which directions are given in pursuance of this sub-paragraph to comply with the directions.

4

Regulations made in pursuance of this paragraph shall not require that all consultants employed by an authority are to be so employed whole-time.

11

1

It shall be the duty of the Secretary of State, before he makes regulations in pursuance of paragraph 10 above, to consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be affected by the regulations.

2

Subject to sub-paragraph (3) below, it is the Secretary of State’s duty, F162. . . before he F162. . . gives directions to an authority in pursuance of sub-paragraph (3) of paragraph 10 above in respect of any officer of an authority—

a

to consult the officer about the directions; or

b

to satisfy himself. . .that the authority of which he is an officer has consulted the officer about the placing or employment in question; or

c

to consult, except in the case of a direction in pursuance of paragraph (c) F162. . .of paragraph 10(3), with respect to the directions such body as he F162. . .may recognise as representing the officer.

3

If the Secretary of State F163. . .—

a

considers it necessary to give directions in pursuance of paragraph (a) F163. . .of paragraph 10(3) for the purpose of dealing temporarily with an emergency, and

b

has previously consulted bodies recognised by him F163. . .as representing the relevant officers about the giving of directions for that purpose,

the Secretary of State F163. . .shall be entitled to disregard sub-paragraph (2) above in relation to the directions.

Miscellaneous

12

Provision may be made by regulations as to—

a

the appointment and tenure of office of the chairman F680vice-chairman and members of an authority F681and any members of a committee or sub-committee of an authority who are not members of the authority;

F682aa

the circumstances in which a member of an authority who is (or is to be regarded as) an officer of the authority may be suspended from performing his functions as a member

b

the appointment F683and constitution of F684. . . committees and sub-committees of an authority (including joint committees and joint sub-committees of two or more authorities, and committees and sub-committees consisting wholly or partly of persons who are not members of the authority in question); and

c

the procedure of an authority, and of such committees and sub-committees as are mentioned in sub-paragraph (b) above.

F16412A

Regulations made by virtue of this Schedule F165may make provision (including provision modifying this Schedule) to deal with cases where the post of chief officer or any other officer of an authority is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.

13

An authority may pay subscriptions, of such amounts as the Secretary of State may approve, to the funds of such bodies as he may approve.

14

The proceedings of an authority shall not be invalidated by any vacancy in its membership, or by any defect in a member’s appointment.

15

1

An authority shall, notwithstanding that it is exercising any function on behalf of the Secretary of State or another authority, be entitled to enforce any rights acquired in the exercise of that function, and be liable in respect of any liabilities incurred (including liabilities in tort) in the exercise of that function, in all respects as if it were acting as a principal.

Proceedings for the enforcement of such rights and liabilities shall be brought, and brought only, by or, as the case may be, against the authority in question in its own name.

F6852

An authority shall not be entitled to claim in any proceedings any privilege of the Crown in respect of the discovery or production of documents.

This sub-paragraph shall not prejudice any right of the Crown to withhold or procure the withholding from production of any document on the ground that its disclosure would be contrary to the public interest.

F6863

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

Provision may be made by regulations with respect to the recording of information by an authority, and the furnishing of information by an authority to the Secretary of State or another authority.

F168Schedule 5A Primary Care Trusts

Annotations:
Amendments (Textual)
F168

Sch. 5A inserted (8.9.1999, 4.1.2000 and 1.4.2000 for specified purposes for E., and otherwise prosp.) by 1999 c. 8, s. 2(2), Sch. 1; S.I. 1999/2342, art. 2(2)(b)(3)(a)(4)(a), Schs. 1, 2, 3

Part I PCT orders

1

1

A PCT order shall specify—

a

the name of the trust, and

b

the operational date of the trust.

2

The operational date of a Primary Care Trust is the date on which the functions exercisable by it may be undertaken fully by the trust.

2

1

A PCT order may provide for the establishment of a Primary Care Trust with effect from a date earlier than the operational date.

2

During the period beginning with that earlier date and ending with the day immediately preceding the operational date (referred to in this Schedule as the preparatory period), the exercise of any functions by the trust shall be limited to such exercise as may be specified in the PCT order for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.

3

A PCT order may require the Health Authority in whose area a Primary Care Trust is established to meet the costs of the trust performing its functions during the preparatory period by doing either or both of the following—

a

discharging such liabilities of the trust as may be incurred during the preparatory period and are of a description specified in the order,

b

paying the trust sums to enable it to meet expenditure of a description specified in the order.

4

A PCT order may require the Health Authority in whose area a Primary Care Trust is established or an NHS trust to make available to the Primary Care Trust during the preparatory period—

a

premises and other facilities of the authority or NHS trust,

b

officers of the authority,

c

staff of the NHS trust.

Part II Constitution and Membership

Corporate status

3

Every Primary Care Trust shall be a body corporate.

Membership

4

The members of a Primary Care Trust shall be—

a

a chairman appointed by the Secretary of State,

b

officers of the trust, and

c

a number of persons who are not officers of the trust.

5

1

Regulations may make provision about—

a

the appointment of the chairman and other members of a Primary Care Trust (including any conditions to be fulfilled for appointment),

b

the tenure of office of the chairman and other members of a trust (including the circumstances in which they cease to hold office or may be removed or suspended from office),

c

how many persons may be appointed as members of a trust and how many of those members may be officers (a minimum and maximum number may be specified for both purposes),

d

the appointment and constitution of any committees of a trust (which may include or consist of persons who are not members of the trust),

e

the appointment and tenure of office of the members of any committees of a trust,

f

the procedure to be followed by a trust, and by any committee of the trust, in the exercise of its functions,

g

the circumstances in which a person who is not an officer of the trust is to be treated as if he were such an officer.

2

The power to make provision under paragraphs (c) and (f) of sub-paragraph (1) above includes power to make regulations about the number of persons who may be appointed and the procedure to be followed during the preparatory period.

3

Any regulations under this paragraph may, in particular, make provision to deal with cases where the post of any officer of a Primary Care Trust is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.

6

Any reference in this Part of this Schedule to a committee of a Primary Care Trust includes a reference to sub-committees of, and joint committees and joint sub-committees including, the trust.

7

The validity of any proceedings of a Primary Care Trust, or of any of its committees, shall not be affected by any vacancy among the members or by any defect in the appointment of any member.

Staff

8

A Primary Care Trust may employ officers, and on such terms and conditions, as it thinks fit.

9

1

Without prejudice to the generality of section 17 above the Secretary of State may direct a Primary Care Trust—

a

to make the services of any of its officers available to another Primary Care Trust, or

b

to employ any person who is or was employed by another Primary Care Trust and is specified in the direction.

2

Before he gives a direction under sub-paragraph (1) above the Secretary of State shall—

a

consult the person whose services are to be made available or who is to be employed,

b

satisfy himself that the trust has consulted that person, or

c

consult such body as he may recognise as representing that person.

3

Sub-paragraph (2) above does not apply in relation to a direction under sub-paragraph (1)(a) above if the Secretary of State—

a

considers it necessary to give the direction for the purpose of dealing temporarily with an emergency, and

b

has previously consulted bodies recognised by him as representing the person whose services are to be made available about the giving of directions for that purpose.

10

In addition to making provision in relation to Health Authorities and Special Health Authorities, regulations under paragraph 10(2) of Schedule 5 to this Act may also provide—

a

for the transfer of officers from one Primary Care Trust to another, and

b

for arrangements under which the services of officers of a Primary Care Trust are placed at the disposal of another Primary Care Trust or a local authority.

F16710A

Where the registration of a dentist in the dentist’s register is suspended—

a

by an order under section 32 of the Dentists Act 1984 (interim suspension); or

b

by a direction or order of the Health Committee under that Act (health cases),

the suspension shall not terminate any contract of employment made between him and a Primary Care Trust, but a person whose registration is so suspended shall not perform any duties under a contract made between him and a Primary Care Trust which involves the practice of dentistry within the meaning of that Act.

Remuneration, pensions etc

11

1

A Primary Care Trust may pay the chairman and any other members of the trust such remuneration and such travelling and other allowances as may be determined by the Secretary of State.

2

A trust may pay its officers such remuneration and allowances as it may determine.

3

A trust may pay the chairman or any person who has been chairman of the trust such pension, allowance or gratuity as may be determined by the Secretary of State.

4

A trust may pay the members of any committee of a trust such travelling and other allowances as may be determined by the Secretary of State.

5

If, when a person ceases to be chairman of a trust, the Secretary of State determines that there are special circumstances which make it right that that person should receive compensation, the trust shall pay to him a sum by way of compensation of such amount as the Secretary of State may determine.

Part III Powers and Duties

General powers

12

1

A Primary Care Trust may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of its functions.

2

That includes, in particular—

a

acquiring and disposing of land and other property,

b

entering into contracts,

c

accepting gifts of money, land and other property, including money, land or other property held on trust, either for the general or any specific purposes of the Primary Care Trust or for all or any purposes relating to the health service.

13

1

Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a Primary Care Trust of any function exercisable by it by virtue of section 16B or 17A above are enforceable by or (as the case may be) against that trust (and no other health service body).

2

This paragraph does not apply in relation to the joint exercise of any functions by a Primary Care Trust with another body under section 16B(2)(c) above.

Specific powers

14

1

A Primary Care Trust may conduct, commission or assist the conduct of research.

2

A trust may, in particular, make officers available or provide facilities under sub-paragraph (1) above.

15

A Primary Care Trust may—

a

make officers available in connection with any instruction provided under section 63 of the M26Health Services and Public Health Act 1968,

b

make officers and facilities available in connection with training by a university or any other body providing training in connection with the health service.

Specific duties

16

1

As soon as is practicable after the end of each financial year every Primary Care Trust shall prepare a report on the trust’s activities during that year and shall send a copy of the report to the Health Authority within whose area the trust’s area falls and to the Secretary of State.

2

The report shall give details of the measures the trust has taken to promote economy, efficiency and effectiveness in using its resources for the exercise of its functions.

3

A Primary Care Trust shall prepare and send such other reports, and supply such information, to the Health Authority within whose area the trust’s area falls or to the Secretary of State as they or, as the case may be, he require.

17

Provision must be made by regulations requiring Primary Care Trusts to publicise—

a

the trust’s audited accounts,

b

the trust’s annual reports prepared under paragraph 16 above,

c

any report on the trust’s accounts made pursuant to section 8 of the M27Audit Commission Act 1998 (report of auditor on matter of public interest), and

d

any other document as may be prescribed,

by taking such steps as may be specified in the regulations.

Status

18

A Primary Care Trust 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 a Primary Care Trust’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Compulsory acquisition

19

1

A Primary Care Trust may be authorised to purchase land compulsorily for the purposes of its functions by means of an order made by the trust and confirmed by the Secretary of State.

2

The M28Acquisition of Land Act 1981 applies to the compulsory purchase of land under this paragraph.

3

No order is to be made by a Primary Care Trust under Part II of the Acquisition of Land Act 1981 in respect of any land unless the proposal to acquire the land compulsorily—

a

has been submitted to the Secretary of State in the form, and with the information, required by him, and

b

has been approved by him.

Dissolution

20

1

The Secretary of State may, if a Primary Care Trust is dissolved, by order transfer (or provide for the transfer) to himself or to a Health Authority, a Special Health Authority, an NHS trust or another Primary Care Trust any property, rights or liabilities of the dissolved trust.

2

If any consultation requirements apply, they must be complied with before the order is made.

3

In this paragraph, “consultation requirements” means requirements about consultation contained in regulations.

Part IV Transfer of Property

21

1

The Secretary of State may by order (referred to in this paragraph and paragraph 22 below as a transfer order)—

a

transfer (or provide for the transfer of) any of the property, rights and liabilities of a health service authority to a Primary Care Trust,

b

create or impose (or provide for the creation or imposition of) new rights or liabilities in respect of property transferred or retained.

2

Any property, rights and liabilities which—

a

belong to a health service authority other than the Secretary of State or are used or managed by a Health Authority, and

b

are to be transferred to a Primary Care Trust by or under a transfer order,

must be identified by agreement between the health service authority (or Health Authority) and the Primary Care Trust or, in default of agreement, by direction of the Secretary of State.

3

Where a transfer order transfers (or provides for the transfer of)—

a

land held on lease from a third party, or

b

any other asset leased or hired from a third party or in which a third party has an interest,

the transfer is binding on the third party despite the fact that, apart from this sub-paragraph, the transfer would have required the third party’s consent or concurrence.

4

In sub-paragraph (3) above, “third party” means a person other than a health service authority.

5

In this paragraph and paragraph 22 below, “health service authority” means the Secretary of State, a Health Authority, a Primary Care Trust or an NHS trust.

22

1

Stamp duty is not chargeable in respect of any transfer to a Primary Care Trust effected by or under a transfer order.

2

Where it becomes necessary, for the purpose of a transfer by or under a transfer order, to apportion any property, rights or liabilities, the order may contain such provisions as appear to the Secretary of State to be appropriate for the purpose.

3

Where a transfer order transfers (or provides for the transfer of) any property or rights to which paragraph 21(3) above applies, the order must contain such provisions as appear to the Secretary of State to be appropriate to safeguard the interests of third parties (within the meaning of that sub-paragraph), including, where appropriate, provision for the payment of compensation of an amount to be determined in accordance with the order.

4

A certificate issued by the Secretary of State that—

a

any specified property,

b

any specified interest in or right over any property, or

c

any specified right or liability,

has been vested in a Primary Care Trust by or under a transfer order is conclusive evidence of that fact for all purposes.

  • In this sub-paragraph, “specified” means specified in the certificate.

5

A transfer order may include provision for matters to be settled by arbitration by a person determined in accordance with the order.

6

Paragraph 21 above and this paragraph do not prejudice—

a

any existing power of a health service authority to transfer property, rights or liabilities to a Primary Care Trust,

b

the extent of the power conferred by section 126(4) above.

Part V Transfer of staff

23

1

The Secretary of State may by order transfer to a Primary Care Trust any specified description of employees to which this paragraph applies.

2

This paragraph applies to employees of—

a

a Health Authority,

b

an NHS trust,

c

a Primary Care Trust.

3

An order may be made under this paragraph only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred.

24

1

The contract of employment of an employee transferred under paragraph 23 above—

a

is not terminated by the transfer, and

b

has effect from the date of the transfer as if originally made between the employee and the Primary Care Trust to which he is transferred.

2

Without prejudice to sub-paragraph (1) above—

a

all the rights, powers, duties and liabilities of the body from which an employee is transferred under paragraph 23 above under or in connection with his contract of employment shall by virtue of this sub-paragraph be transferred to the Primary Care Trust to which the employee is transferred under that paragraph, and

b

anything done before the date of the transfer by or in relation to the body from which he is so transferred in respect of the employee or the contract of employment shall be deemed from that date to have been done by or in relation to the Primary Care Trust to which he is transferred.

3

Sub-paragraphs (1) and (2) above do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the body from which they would be transferred, or the Primary Care Trust to which they would be transferred, that he objects to the transfer.

4

Where an employee objects as mentioned in sub-paragraph (3) above his contract of employment with the body from which he would be transferred shall be terminated immediately before the date on which the transfer would occur; but he shall not be treated, for any purpose, as having been dismissed by that body.

5

This paragraph is without prejudice to any right of an employee to which paragraph 23 above applies to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

25

1

Where an employee is to be transferred by an order under paragraph 23 above but is to continue to be employed for certain purposes by the transferor, the order may provide that the contract of employment of the employee shall, on the date on which the employee is transferred, be divided so as to constitute two separate contracts of employment between the employee and the transferor and the employee and the Primary Care Trust in question.

2

Where an employee’s contract of employment is divided as provided under sub-paragraph (1) above, the order shall provide for paragraph 24 above to have effect in the case of the employee and his contract of employment subject to appropriate modifications.

26

Where a Primary Care Trust is dissolved, an order under paragraph 20 above includes power to transfer employees of the trust and the order may make any provision in relation to the transfer of those employees which is or may be made in relation to the transfer of employees under paragraph 23 above.

F262SCHEDULE 5BLocal Health Boards

Annotations:
Amendments (Textual)

Part 1LHB orders

1

1

An LHB order shall specify—

a

the name of the Board; and

b

the operational date of the Board.

2

The operational date of a Local Health Board is the date on which functions exercisable by it may first be undertaken fully by the Board.

2

1

An LHB order may provide for the establishment of a Local Health Board with effect from a date earlier than the operational date.

2

During the period beginning with that earlier date and ending with the day immediately preceding the operational date (referred to in this Schedule as the preparatory period), the exercise of any functions by the Board shall be limited to such exercise as may be specified in the LHB order for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.

3

Sub-paragraphs (4) and (5) below apply for so long as there is a Health Authority for any part of the area of Wales specified in a particular LHB order.

4

That LHB order may require such a Health Authority to meet the costs of the Board performing its functions during the preparatory period by doing either or both of the following—

a

discharging such liabilities of the Board as may be incurred during the preparatory period and are of a description specified in the order;

b

paying the Board sums to enable it to meet expenditure of a description specified in the order.

5

An LHB order may require such a Health Authority or an NHS trust in Wales to make available to the Local Health Board during the preparatory period—

a

premises and other facilities of the authority or NHS trust;

b

officers of the authority;

c

staff of the NHS trust.

Part 2Status, constitution and membership

3Status

A Local Health Board 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 a Local Health Board’s property is not to be regarded as property of, or property held on behalf of, the Crown.

4

Every Local Health Board shall be a body corporate.

5Membership

The members of a Local Health Board shall be—

a

a chairman appointed by the National Assembly for Wales;

b

if the Assembly thinks fit, a vice-chairman appointed by the Assembly;

c

officers of the Board; and

d

a number of persons who are not officers of the Board.

6

1

The National Assembly for Wales may by regulations make provision about—

a

the appointment of the chairman, vice-chairman and other members of a Local Health Board (including any conditions to be fulfilled for appointment);

b

the tenure of office of the chairman, vice-chairman and other members of a Local Health Board (including the circumstances in which they cease to hold office or may be removed or suspended from office);

c

how many persons may be appointed as members of a Local Health Board and how many of those members may be officers (a minimum and maximum number may be specified for both purposes);

d

the appointment and constitution of any committees of a Local Health Board (which may include or consist of persons who are not members of the Board);

e

the appointment and tenure of office of the members of any committees of a Local Health Board;

f

the procedure to be followed by a Local Health Board, and by any committee of the Board, in the exercise of its functions;

g

the circumstances in which a person who is not an officer of the Local Health Board is to be treated as if he were such an officer.

2

The power to make provision under paragraphs (c) and (f) of sub-paragraph (1) above includes power to make regulations about the number of persons who may be appointed and the procedure to be followed during the preparatory period.

3

Any regulations under this paragraph may, in particular, make provision to deal with cases where the post of any officer of a Local Health Board is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.

7

Any reference in this Part of this Schedule to a committee of a Local Health Board includes a reference to sub-committees of, and joint committees and joint sub-committees including, the Board.

8

The validity of proceedings of a Local Health Board, or of any of its committees, shall not be affected by any vacancy among the members or by any defect in the appointment of any member.

9Staff

1

A Local Health Board may employ such officers as it thinks fit.

2

Subject to sub-paragraph (3) below, a Board may—

a

pay its officers such remuneration and allowances; and

b

employ them on such other terms and conditions,

as it thinks fit.

3

A Board shall—

a

in exercising its powers under sub-paragraph (2) above; and

b

otherwise in connection with the employment of its officers,

act in accordance with regulations made by the National Assembly for Wales and any directions given by the Assembly.

4

Before making any regulations under sub-paragraph (3) above, the Assembly shall consult such bodies as it may recognise as representing persons who, in its opinion, are likely to be affected by the regulations.

10

1

Without prejudice to the generality of section 16BB above the National Assembly for Wales may direct a Local Health Board—

a

to make the services of any of its officers available to another Local Health Board; or

b

to employ any person who is or was employed by another Local Health Board and is specified in the direction.

2

Before it gives a direction under sub-paragraph (1) above the Assembly shall—

a

consult the person whose services are to be made available or who is to be employed;

b

satisfy itself that the Board has consulted that person; or

c

consult any such body as the Assembly may recognise as representing that person.

3

Sub-paragraph (2) above does not apply in relation to a direction under sub-paragraph (1)(a) above if the Assembly—

a

considers it necessary to give the direction for the purpose of dealing temporarily with an emergency; and

b

has previously consulted bodies recognised by the Assembly as representing the person whose services are to be made available about the giving of directions for that purpose.

11

In addition to making provision in relation to Strategic Health Authorities, Health Authorities and Special Health Authorities, regulations under paragraph 10(2) of Schedule 5 to this Act may also provide—

a

for the transfer of officers of one Local Health Board to another; and

b

for arrangements under which the officers of a Local Health Board are placed at the disposal of another Local Health Board or a local authority.

12Remuneration, pensions etc of members

1

A Local Health Board may pay the chairman, the vice-chairman (if any) and any other members of the Board such remuneration and such travelling and other allowances as may be determined by the National Assembly for Wales.

2

A Board may pay the chairman or any person who has been chairman of the Board such pension, allowance or gratuity as may be determined by the National Assembly for Wales.

3

A Board may pay the members of any committee of a Board such travelling and other allowances as may be determined by the National Assembly for Wales.

4

If, when a person ceases to be chairman of a Board, the National Assembly for Wales determines that there are special circumstances which make it right that that person should receive compensation, the Board shall pay to him a sum by way of compensation of such amount as the Assembly may determine.

Part 3Other matters

13General powers

1

Subject to sub-paragraph (3), a Local Health Board may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of its functions.

2

That includes, in particular—

a

acquiring and disposing of land and other property;

b

entering into contracts;

c

accepting gifts of money, land and other property, including money, land or other property held on trust, either for the general or any specific purposes of the Local Health Board or for all or any purposes relating to the health service.

3

A Local Health Board may not do anything mentioned in sub-paragraph (2) without the consent of the Assembly (which may, if the Assembly thinks fit, be given in general terms covering one or more descriptions of case).

14

1

Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a Local Health Board of any function exercisable by it by virtue of section 16BB or 16BC above are enforceable by or (as the case may be) against that Board (and not against any other health service body or the National Assembly for Wales).

2

This paragraph does not apply in relation to the joint exercise of any functions by a Local Health Board with another body under section 16BC(2)(c) above.

15Specific powers and duties

1

A Local Health Board may conduct, commission or assist the conduct of research.

2

A Board may, in particular, make officers available or provide facilities under sub-paragraph (1) above.

16

A Local Health Board may—

a

make officers available in connection with any instruction provided under section 63 of the Health Services and Public Health Act 1968;

b

make officers and facilities available in connection with training by a university or any other body providing training in connection with the health service.

17

The National Assembly for Wales may by regulations make provision in relation to—

a

reports to be prepared by Local Health Boards;

b

information to be supplied by them;

c

their accounts, and the audit and publication of their accounts;

d

the publication of any other document.

18Compulsory acquisition

1

A Local Health Board may be authorised to purchase land compulsorily for the purposes of its functions by means of an order made by the Board and confirmed by the National Assembly for Wales.

2

The Acquisition of Land Act 1981 applies to the compulsory purchase of land under this paragraph.

3

No order is to be made by a Local Health Board under Part 2 of the Acquisition of Land Act 1981 in respect of any land unless the proposal to acquire the land compulsorily—

a

has been submitted to the National Assembly for Wales in the form, and with the information, required by the Assembly; and

b

has been approved by the Assembly.

19Dissolution

1

The National Assembly for Wales may, if a Local Health Board is dissolved, by order transfer (or provide for the transfer) to itself or to another Local Health Board any property, rights or liabilities of the dissolved Board.

2

If any consultation requirements apply, they must be complied with before the order is made.

3

In this paragraph, “consultation requirements” means requirements about consultation contained in regulations made by the Assembly.

20Transfer of property

1

The National Assembly for Wales may by order (referred to in this paragraph and paragraph 21 below as a transfer order)—

a

transfer (or provide for the transfer of) any of the property, rights and liabilities of a health service authority to a Local Health Board;

b

create or impose (or provide for the creation or imposition of) new rights or liabilities in respect of property transferred or retained.

2

Any property, rights and liabilities which—

a

belong to a health service authority other than the National Assembly for Wales or are used or managed by a Health Authority; and

b

are to be transferred to a Local Health Board by or under a transfer order,

must be identified by agreement between the health service authority (or Health Authority) and the Local Health Board or, in default of agreement, by direction of the Assembly.

3

Where a transfer order transfers (or provides for the transfer of)—

a

land held on lease from a third party; or

b

any other asset leased or hired from a third party or in which a third party has an interest,

the transfer is binding on the third party despite the fact that, apart from this sub-paragraph, the transfer would have required the third party’s consent or concurrence.

4

In sub-paragraph (3) above, “third party” means a person other than a health service authority.

5

In this paragraph and paragraph 21 below, “health service authority” means the National Assembly for Wales, a Health Authority, a Local Health Board or an NHS trust in Wales.

21

1

Stamp duty is not chargeable in respect of any transfer to a Local Health Board effected by or under a transfer order.

2

Where it becomes necessary, for the purpose of a transfer by or under a transfer order, to apportion any property, rights or liabilities, the order may contain such provisions as appear to the National Assembly for Wales to be appropriate for the purpose.

3

Where a transfer order transfers (or provides for the transfer of) any property or rights to which paragraph 20(3) above applies, the order must contain such provisions as appear to the National Assembly for Wales to be appropriate to safeguard the interests of third parties (within the meaning of that sub-paragraph), including, where appropriate, provision for the payment of compensation of an amount to be determined in accordance with the order.

4

A certificate issued by the National Assembly for Wales that—

a

any specified property;

b

any specified interest in or right over any property; or

c

any specified right or liability,

has been vested in a Local Health Board by or under a transfer order is conclusive evidence of that fact for all purposes.

  • In this sub-paragraph, “specified” means specified in the certificate.

5

A transfer order may include provision for matters to be settled by arbitration by a person determined in accordance with the order.

6

Paragraph 20 above and this paragraph do not prejudice—

a

any existing power of a health service authority to transfer property, rights or liabilities to a Local Health Board;

b

the extent of the power conferred by section 126(4) above.

22Transfer of staff

1

The National Assembly for Wales may by order transfer to a Local Health Board any specified description of employees to which this paragraph applies.

2

This paragraph applies to employees of—

a

a Health Authority;

b

an NHS trust in Wales;

c

a Local Health Board.

3

An order may be made under this paragraph only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred.

23

1

The contract of employment of an employee transferred under paragraph 22 above—

a

is not terminated by the transfer; and

b

has effect from the date of the transfer as if originally made between the employee and the Local Health Board to which he is transferred.

2

Without prejudice to sub-paragraph (1) above—

a

all the rights, powers, duties and liabilities of the body from which an employee is transferred under paragraph 22 above under or in connection with his contract of employment shall by virtue of this sub-paragraph be transferred to the Local Health Board to which the employee is transferred under that paragraph; and

b

anything done before the date of the transfer by or in relation to the body from which he is so transferred in respect of the employee or the contract of employment shall be deemed from that date to have been done by or in relation to the Local Health Board to which he is transferred.

3

Sub-paragraphs (1) and (2) above do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the body from which they would be transferred, or the Local Health Board to which they would be transferred, that he objects to the transfer.

4

Where an employee objects as mentioned in sub-paragraph (3) above his contract of employment with the body from which he would be transferred shall be terminated immediately before the date on which the transfer would occur; but he shall not be treated, for any purpose, as having been dismissed by that body.

5

This paragraph is without prejudice to any right of an employee to which paragraph 22 above applies to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise merely because, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

24

1

Where an employee is to be transferred by an order under paragraph 22 above but is to continue to be employed for certain purposes by the transferor, the order may provide that the contract of employment of the employee shall, on the date on which the employee is transferred, be divided so as to constitute two separate contracts of employment between the employee and the transferor and the employee and the Local Health Board in question.

2

Where an employee’s contract of employment is divided as provided under sub-paragraph (1) above, the order shall provide for paragraph 23 above to have effect in the case of the employee and his contract of employment subject to appropriate modifications.

25

Where a Local Health Board is dissolved, an order under paragraph 19 above includes power to transfer employees of the Board and the order may make any provision in relation to the transfer of those employees which is or may be made in relation to the transfer of employees under paragraph 22 above.

26Interpretation

In this Schedule, “NHS trust in Wales” means an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales.

SCHEDULE 6 Additional Provisions as to F177Advisory Committees for Wales

Annotations:
Amendments (Textual)
F177

Sch. 6: words in heading substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 61(e) (with Sch. 2 para. 6)

1

1

Where the Secretary of State is satisfied that a committee formed for Wales F169. . . is representative of—

a

any category of persons (other than a category mentioned in section 19(1) above) who provide services forming part of the health service, or

b

two or more of any of the categories mentioned in that subsection and paragraph (a) above,

and that it is in the interests of the health service to recognise the committee, it shall be his duty to recognise it in pursuance of this sub-paragraph, and to determine that it shall be known by a name specified in the determination.

2

Where a committee recognised in pursuance of sub-paragraph (1) above appears to the Secretary of State to represent categories of persons which include a category mentioned in section 19(1), he shall not be required by virtue of that subsection to recognise a committee representing persons of that category.

2

The Secretary of State may, by notice in writing served on any member of a duly recognised committee, withdraw his recognition of the committee if he considers it expedient to do so—

a

where the committee is recognised in pursuance of section 19(1) F170. . .above or paragraph 1(1)(a) above, with a view to recognising in pursuance of paragraph 1(1)(b) another committee representing categories of persons, which include the category represented by the recognised committee; or

b

where the committee is recognised in pursuance of paragraph 1(1)(b), with a view to recognising in pursuance of any of the provisions of section 19 and paragraph 1 other committees which together are representative of the categories in question.

3

It is the duty of any duly recognised committee for Wales—

a

to advise the Secretary of State on the provision by him of services of a kind provided by the categories of persons of whom the committee is representative, and

b

to perform such other functions as may be prescribed.

F1714

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

F172The Secretary of State may defray such expenses incurred by a committee in performing the duty imposed on the committee by F173paragraph 3 above as F174the Secretary of State considers reasonable, and those expenses may include travelling and other allowances and compensation for loss of remunerative time at such rates as the Secretary of State may determine with the approval of F175the Treasury.

F176. . .

SCHEDULE 7 Additional Provisions as to Community Health Councils

1

It is the duty of a Community Health Council (in this Schedule referred to as a “Council”)—

a

to represent the interests in the health service of the public in its district; and

b

to perform such other functions as may be conferred on it by virtue of paragraph 2 below.

2

Regulations may provide as to—

a

the membership of Councils (including the election by members of a Council of a chairman of the Council);

b

the proceedings of Councils;

c

the staff, premises and expenses of Councils;

F687d

the consultation of Councils by F688Health Authorities and NHS trusts with respect to such matters, and on such occasions, as may be prescribed;

e

the furnishing of information to Councils by F689F690Health Authorities and NHS trusts, and the right of members of Councils to enter and inspect premises controlled by F691Health Authorities or NHS trusts;

f

the consideration by Councils of matters relating to the operation of the health service within their districts, and the giving of advice by Councils to F692Health Authorities on such matters;

g

the preparation and publication of reports by Councils on such matters, and the furnishing and publication by F692Health Authorities of comments on the reports; and

h

the functions to be exercised by Councils in addition to the functions exercisable by them by virtue of paragraph 1(a) above and the preceding provisions of this paragraph.

3

It is the Secretary of State’s duty to exercise his power to make regulations in pursuance of paragraph 2(a) above so as to secure as respects each Council that—

a

at least one member of the Council is appointed by each local authority of which the area or part of it is included in the Council’s district, and at least half of the members of the Council consist of persons appointed by those local authorities;

b

at least one third of the members are appointed in a prescribed manner by bodies (other than public or local authorities) of which the activities are carried on otherwise than for profit;

c

the other members of the Council are appointed by such bodies, and in such manner and after such consultations as may be prescribed; and

d

no member of the Council is also a member of a F178Health Authority..

4

Nothing in paragraph 3 above affects the validity of anything done by or in relation to a Council during any period during which, by reason of a vacancy in the membership of the Council or a defect in the appointment of a member of it, a requirement included in regulations in pursuance of that paragraph is not satisfied.

5

The Secretary of State may by regulations—

a

provide for the establishment of a body—

i

to advise Councils with respect to the performance of their functions, and to assist Councils in the performance of their functions; and

ii

to perform such other functions as may be prescribed; and

b

provide for the membership, proceedings, staff, premises and expenses of that body.

6

The Secretary of State may pay to members of Councils and any body established under paragraph 5 above such travelling and other allowances (including compensation for loss of remunerative time) as he may determine with the consent of F179the Treasury.

7

In this Schedule—

  • “local authority” means the council of a London borough, or of a county or district as defined in relation to England in section 270(1) of the M98Local Government Act 1972, or F693the council of a Welsh county or county borough or the Common Council of the City of London, and

  • “district”, in relation to a Council, means F180the district for which it is established, whether the district consists of the whole or part of the area of a Health Authority or of the whole or part of the area of one Health Authority together with the whole or part of the area of one or more others,F181 or for such an area or district or part thereof together with the areas or parts of the areas of other Area Health Authorities or the districts or parts of districts of other District Health Authorities,

and the district of a Council must be such that no part of it is separated from the rest of it by territory not included in the district.

F1828

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C47SCHEDULE 8 Local Social Services Authorities

Annotations:
Modifications etc. (not altering text)

Care of mothers and young children

1

C461

A local social services authority may, with the Secretary of State’s approval, and to such extent as he may direct shall, make arrangements for the care of expectant and nursing mothers F183(other than for the provision of residential accommodation for them). . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184

Prevention, care and after-care

2

1

A local social services authority may, with the Secretary of State’s approval, and to such extent as he may direct shall, make arrangements for the purpose of the prevention of illness and for the care of persons suffering from illness and for the after-care of persons who have been so suffering and in particular for—

F694a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the provision, for persons whose care is undertaken with a view to preventing them from becoming ill, persons suffering from illness, and persons who have been so suffering, of centres or other facilities for training them or keeping them suitably occupied and the equipment and maintenance of such centres;

c

the provision, for the benefit of such persons as are mentioned in paragraph (b) above, of ancillary or supplemental services; and

F695d

for the exercise of the functions of the authority in respect of persons suffering from mental disorder who are received into guardianship under Part II or III of the M99Mental Health Act 1983 (whether the guardianship of the local social services authority or of other persons).

Such an authority shall neither have the power nor be subject to a duty to make under this paragraph arrangements to provide facilities for any of the purposes mentioned in section 15(1) of the M100Disabled Persons (Employment) Act 1944.

2

No arrangements under this paragraph shall provide for the payment of money to persons for whose benefit they are made except—

a

in so far as they may provide for the remuneration of such persons engaged in suitable work in accordance with the arrangements; F696 . . .

F696b

. . .

F696i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F696ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F696iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

of such amounts as the local social services authority think fit in respect of their occasional personal expenses where it appears to that authority that no such payment would otherwise be made.

3

The Secretary of State may make regulations as to the conduct of premises in which, in pursuance of arrangements made under this paragraph, are provided for persons whose care is undertaken with a view to preventing them from becoming sufferers from mental disorder within the meaning of F697that Act of 1983 or who are, or have been, so suffering, F698. . . facilities for training them or keeping them suitably occupied.

F6994

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F701F7004A

This paragraph does not apply in relation to persons under the age of 18.

F7014AA

No authority is authorised or may be required under this paragraph to provide residential accommodation for any person.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F702

Home help and laundry facilities

3

1

It is the duty of every local social services authority to provide on such a scale as is adequate for the needs of their area, or to arrange for the provision on such a scale as is so adequate, of home help for households where such help is required owing to the presence of—

F1850

a person who is suffering from illness, lying-in, an expectant mother, aged, handicapped as a result of having suffered from illness or by congenital deformity,

F185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,

and every such authority has power to provide or arrange for the provision of laundry facilities for households for which home help is being, or can be, provided under this sub-paragraph.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186

F187Research

Annotations:
Amendments (Textual)

4

Without prejudice to any powers conferred on them by any other Act, a local social services authority may conduct or assist other persons in conducting research into matters relating to the functions of local social services authorities under this Schedule.

F188SCHEDULE 8A Local Pharmaceutical Services Schemes

Annotations:
Amendments (Textual)
F188

Sch. 8A inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 40, 70(2), Sch. 3 (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2, Sch. Pt. 1

1Provision of local pharmaceutical services

1

Health Authorities may establish LPS schemes.

2

In this Schedule “LPS scheme” means one or more agreements—

a

made by a Health Authority (“A”) in accordance with the provisions of, or made under, this Schedule;

b

under which local pharmaceutical services are to be provided (otherwise than by A); and

c

the parties to which do not include any other Health Authority.

3

For the purposes of this Schedule—

  • “local pharmaceutical services” means such services of a kind which may be provided under section 41 of this Act, or by virtue of section 41A of this Act (other than practitioner dispensing services) as may be prescribed; and

  • “practitioner dispensing services” means the provision of drugs, medicines or listed appliances (within the meaning of section 41) by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 43(1).

4

An LPS scheme may include arrangements—

a

for the provision of services which are not local pharmaceutical services, but which may be provided under this Part of this Act (whether or not of the kind usually provided by pharmacies);

b

for the provision of training and education (including training and education for persons who are, or may become, involved in the provision of local pharmaceutical services).

5

An LPS scheme may not combine arrangements for the provision of local pharmaceutical services with arrangements for the provision of personal medical services or personal dental services under any provision of, or made under, this Act or the National Health Service (Primary Care) Act 1997 (c. 46).

6

In this Schedule “LP services” means services provided under an LPS scheme (including any services to which the scheme applies as a result of sub-paragraph (4)).

7

In determining the arrangements they need to make in order to comply with section 41 of this Act, a Health Authority may take into account arrangements under an LPS scheme made by them.

8

The functions of an NHS trust or a Primary Care Trust include power to provide any services to which an LPS scheme applies.

9

The functions of a Health Authority in relation to LP services are primary functions of the Authority for the purposes of the National Health Service and Community Care Act 1990 (c. 19).

2Designation of priority neighbourhoods or premises

1

The Secretary of State may make regulations allowing a Health Authority to—

a

designate neighbourhoods,

b

designate premises, or

c

designate descriptions of premises,

for the purposes of this paragraph.

2

The regulations may, in particular, make provision—

a

as to the circumstances in which, and the neighbourhoods or premises in relation to which, designations may be made or maintained;

b

allowing a Health Authority to defer consideration of Part 2 applications relating to neighbourhoods, premises or descriptions of premises that have been designated;

c

allowing a designation to be cancelled in prescribed circumstances;

d

requiring a designation to be cancelled—

i

if the Secretary of State gives a direction to that effect; or

ii

in prescribed circumstances.

3

“Part 2 applications” means applications for inclusion in a list maintained under section 42 of this Act.

3Regulations

1

The Secretary of State may make regulations with respect to LP services.

2

The regulations must include provision for participants other than Health Authorities to withdraw from an LPS scheme if they wish to do so.

3

The regulations may, in particular—

a

provide that an LPS scheme may be made only—

i

in prescribed circumstances;

ii

in relation to an area, a community or a category of persons determined in accordance with the regulations; or

iii

in relation to premises determined in accordance with the regulations;

b

provide that only prescribed services, or prescribed categories of service, may be provided in accordance with an LPS scheme;

c

make provision as to the services, or categories of service, for which an LPS scheme must provide;

d

impose conditions (including conditions as to qualifications and experience) to be satisfied by persons providing LP services;

e

require details of each LPS scheme to be published;

f

make provision with respect to the variation and termination of an LPS scheme;

g

prevent (except in such circumstances and to such extent as may be prescribed) the provision of both LP services and pharmaceutical services from the same premises;

h

make provision with respect to the inclusion, removal, re-inclusion or modification of an entry in respect of premises in a list under section 42;

i

provide for parties to an LPS scheme to be treated, in such circumstances and to such extent as may be prescribed, as health service bodies for the purposes of section 4 of the National Health Service and Community Care Act 1990;

j

provide for directions, as to payments, made under section 4(7) of the Act of 1990 (as it has effect as a result of regulations made by virtue of paragraph (i)) to be enforceable in a county court (if the court so orders) as if they were judgments or orders of that court;

k

authorise Health Authorities to make payments of financial assistance for prescribed categories of preparatory work undertaken—

i

in connection with preparing proposals for an LPS scheme; or

ii

in preparation for the provision of services under a proposed LPS scheme.

4

1

Regulations may provide for the making and recovery, in such manner as may be prescribed, of charges for local pharmaceutical services.

2

The regulations may, in particular, provide for—

a

exemptions from charges;

b

the liability to pay charges to be disregarded in prescribed circumstances or for prescribed purposes;

c

section 122A of this Act (recovery of certain charges and payments) to apply also in relation to local pharmaceutical services (with or without modification);

d

section 122B of this Act (penalties) to apply also in relation to local pharmaceutical services (with or without modification).

3

The regulations must secure that the amount charged for any service is the same as the amount that would be charged for that service if it were provided under Part 2 of this Act.

SCHEDULE 9 Tribunal for Purposes of Section 46

Constitution of Tribunal

F703C991

The Tribunal shall consist of—

a

a chairman appointed by the Lord Chancellor,

b

such number of deputy chairmen as the Lord Chancellor may appoint,

c

such number of persons as the Secretary of State may appoint for the purposes of this sub-paragraph,

d

such number of medical practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

e

such number of medical practitioners having the qualifications prescribed under section 38 above as the Secretary of State may appoint for the purposes of this sub-paragraph,

f

such number of dental practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

g

such number of ophthalmic opticians as the Secretary of State may appoint for the purposes of this sub-paragraph, and

h

such number of registered pharmacists as the Secretary of State may appoint for the purposes of this sub-paragraph.

F7042

A person appointed as the chairman or a deputy chairman shall be a person who has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990).

F705C1003

Any appointment for the purposes of paragraph 1(c) above shall be made after consultation with such associations of Health Authorities as the Secretary of State may recognise as representative of Health Authorities.

F7064

Any appointment for the purposes of any of sub-paragraphs (d) to (h) of paragraph 1 above shall be made after consultation with such organisations as the Secretary of State may recognise as representative of the profession or calling concerned.

F7075

If any member of the Tribunal is unable to act in any case, a deputy may be appointed by the Lord Chancellor or the Secretary of State as in the case of the appointment of the member in question.

If the member is the chairman, the deputy shall possess the professional qualifications required for the office of chairman, and, if the member is the practitioner member, the deputy shall be appointed from the same panel.

F708 Sittings of Tribunal

Annotations:
Amendments (Textual)
F708

Sch. 9 para. 5A and the cross-heading inserted (21.12.1995) by 1995 c. 31, s. 6(3); S.I. 1995/3090, art. 2, Sch. (with art. 3)

F7095A

1

The functions of the Tribunal shall be exercised by three members consisting of—

a

the chairman or a deputy chairman,

b

a person appointed under paragraph 1(c) above, and

c

a person appointed under such one of sub-paragraphs (d) to (h) of paragraph 1 above as provides for the appointment of persons of the same profession or calling as that of the person concerned.

2

In sub-paragraph (1)(c) above, the reference to the person concerned is—

a

in the case of functions under section 46 above, to the person to whom the representations in question relate,

b

in the case of functions under section 47 above (or paragraph 8 of Schedule 14 to this Act), to the person whose disqualification is under consideration,

c

in the case of functions under section 49A above, to the person to whom the application in question relates, and

d

in the case of functions under section 49B above, to the person in relation to whom the application of section 49A(3) above may be continued.

3

In the case of functions under section 49A or 49B above, sub-paragraph (1) above is subject to section 49C(2)(b) above.

Supplementary

6

Regulations may provide for the appointment, tenure of office and vacation of office of members of the Tribunal, and with respect to the appointment of officers of the Tribunal.

F189SCHEDULE 9A The Family Health Services Appeal Authority

Annotations:
Amendments (Textual)
F189

Sch. 9A inserted (1.10.2001 for certain purposes for E., 1.12.2001 for all other purposes for E. and 26.8.2002 for W.) by 2001 c. 15, ss. 27(4), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3294, art. 4(1), Sch. Pt. I (subject to transitional provisions in Sch. Pt. II); S.I. 2002/1919, art. 3(1), Sch. Pt. II

1Constitution

The Family Health Services Appeal Authority (“the FHSAA”) shall consist of—

a

a President;

b

one or more Deputy Presidents; and

c

a number of other members,

all appointed by the Lord Chancellor on terms to be determined by him.

2

The number of the other members shall be determined by the Lord Chancellor after consulting the Secretary of State.

3

A person appointed as the President shall have a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)), and a person appointed as a Deputy President shall have a 7 year general qualification.

4

The qualifications which the other members must have in order to be eligible for appointment shall be determined by the Lord Chancellor.

5

Each person appointed under paragraph 1—

a

shall hold and vacate office in accordance with the terms of his appointment; and

b

may be removed from office by the Lord Chancellor on grounds of incapacity or misbehaviour.

6

The other members must include at least one—

a

medical practitioner providing general medical services, or performing personal medical services under section 28C arrangements;

b

dental practitioner providing general dental services, or performing personal dental services under section 28C arrangements;

c

ophthalmic optician or medical practitioner providing general ophthalmic services; and

d

registered pharmacist providing pharmaceutical services or local pharmaceutical services (whether under this Act or under a pilot scheme made under section 28 of the Health and Social Care Act 2001),

and must also include such number of persons with a 7 year general qualification (construed as in paragraph 3) as the Lord Chancellor considers appropriate bearing in mind the requirements of paragraph 9, and a number of lay persons who do not fall within paragraphs (a) to (d) and who possess such qualifications and experience as the Lord Chancellor considers appropriate.

7Procedure

The procedure of the FHSAA shall be as it determines, subject to the following.

8

The functions of the FHSAA shall be exercised by panels consisting—

a

in the case of functions referred to in section 49S(4) above, of such one or more members as the President may choose; and

b

in the case of other functions, of three members chosen by the President,

and, in either case, the President may include himself (or, in the case of a one-member panel, may constitute the panel).

9

Subject to paragraph 10, at least one member of each panel (or, in the case of a one-member panel, that member) must have a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)).

10

In the case of a panel constituted for the purposes of section 49M or 49N above, one member of the panel must have the qualification mentioned in paragraph 9, and (unless the President decides otherwise)—

a

if the practitioner provides general medical services, one member of the panel must fall within paragraph 6(a), and so on as respects a practitioner who provides one of the other services referred to in section 49F(1); and

b

the third member must neither fall within any of sub-paragraphs (a) to (d) of paragraph 6 nor have a legal qualification.

11

Where a panel has more than one member—

a

the President shall nominate one of the members as chairman,

b

decisions shall be taken by a majority of votes, and

c

if there is a tie the chairman shall have a second vote as a casting vote.

12

The FHSAA shall—

a

give notice of a panel’s decision and of the reasons for it to each party to the proceedings; and

b

publish each decision of a panel falling within paragraph 13 in such way as the FHSAA considers appropriate;

and it may send a copy of any such decision to such prescribed persons or persons of prescribed descriptions as it considers appropriate, together with any information relevant to the decision which the FHSAA considers it appropriate to include.

13

The following decisions fall within this paragraph—

a

a decision on national disqualification (see section 49N above);

b

a decision to allow an appeal brought by virtue of section 49M(2)(a), (b) or (c) above; and

c

such other decisions as may be prescribed.

14

The FHSAA may publish a decision not falling within paragraph 13 if it considers it appropriate to do so.

15

The Lord Chancellor may make rules as to—

a

the composition of panels,

b

the allocation to panels of cases, or of particular proceedings in any case, and

c

the procedure to be followed by a panel in considering any matter before it.

16

The Lord Chancellor shall make rules—

a

giving each party to proceedings before a panel the opportunity of putting his case at a hearing,

b

entitling each party to be legally represented at any hearing (whether it is held at the instance of the panel or of a party), and

c

securing that any hearing is held in public unless the practitioner asks for it to be in private (a request which the panel must consider but need not grant).

17

Rules under this Schedule may, in particular, make provision—

a

as to the carrying out by a Deputy President of functions of the President,

b

as to how, and as to the time within which, an application to the FHSAA is to be made, or an appeal to the FHSAA is to be brought (so far as the matter is not provided for in or by virtue of this or any other Act),

c

for a period which must elapse before an application, or a further application, may be made under section 49M(5)(a) above,

d

as to the matters referred to in paragraph 12,

e

for the giving by the panel of directions to the parties as to the conduct of the case, and for the consequences of failure to comply with such directions (which may include allowing or dismissing the appeal or application if the failure to comply was without reasonable excuse);

f

empowering a panel to require persons to attend and give evidence or produce documents,

g

about the admissibility of evidence, and

h

enabling the panel to administer oaths.

18

No person shall be required by virtue of any such rules to give any evidence or produce any document or other material which he could not be compelled to give or produce in civil proceedings in a court in England and Wales.

19Miscellaneous

1

The President must, in respect of each period of 12 months beginning on 1st April, prepare a written report about the FHSAA’s activities during that period.

2

He must send a copy of the report to the Lord Chancellor, the Secretary of State and the National Assembly for Wales.

3

After consulting the Lord Chancellor and the National Assembly for Wales, the Secretary of State may give directions to the President as to subjects with which the report must deal.

20

The President must arrange such training for himself and the other members of the FHSAA as he considers appropriate.

21Interpretation

In this Schedule—

  • “practitioner” means the person whose case is before the FHSAA;

  • “prescribed” means prescribed by the Lord Chancellor in rules.

SCHEDULE 10 Additional Provisions as to Prohibition of Sale of Medical Practices

Prohibition, and certificate of Medical Practices Committee

1

1

Any person who buys or sells the goodwill, or any part of the goodwill, of a medical practice which it is unlawful to sell by virtue of section 54(1) above is guilty of an offence and liable on conviction on indictment to a fine not exceeding—

a

such amount as will in the court’s opinion secure that he derives no benefit from the offence, and

b

the further amount of £500,

or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

2

Any medical practitioner or his personal representative may apply to the Medical Practices Committee for their opinion whether a proposed transaction or series of transactions involves the sale of the goodwill, or any part of the goodwill, of a medical practice which it is unlawful to sell by virtue of section 54(1).

3

The Committee shall consider any such application, and, if they are satisfied that the transaction or series of transactions does not involve the giving of valuable consideration in respect of the goodwill, or any part of the goodwill, of such a medical practice, they shall issue to the applicant a certificate to that effect, which shall be in the prescribed form and shall set out all material circumstances disclosed to the Committee.

4

Where any person is charged with an offence under this paragraph in respect of any transaction or series of transactions, it shall be a defence to the charge to prove that the transaction or series of transactions was certified by the Medical Practices Committee under sub-paragraph (3) above.

5

Any document purporting to be such a certificate shall be admissible in evidence and shall be deemed to be such a certificate unless the contrary is proved.

6

If it appears to the court that the applicant for any such certificate failed to disclose to the Committee all the material circumstances, or made any misrepresentation with respect thereto, the court may disregard the certificate, and sub-paragraph (4) shall not apply thereto.

7

A prosecution for an offence under this paragraph shall only be instituted by or with the consent of the Director of Public Prosecutions, and the Medical Practices Committee shall, at the request of the Director, furnish him with a copy of any certificate issued by them under sub-paragraph (3), and with copies of any documents produced to them in connection with the application for that certificate.

8

For the purposes of this paragraph (and paragraph 2 below) references to the goodwill of a medical practice shall, in relation to a medical practitioner practising in partnership, be construed as referring to his share of the goodwill of the partnership practice.

Certain transactions deemed sale of goodwill

2

1

Where—

a

any medical practitioner or his personal representative knowingly sells or lets premises previously used by that practitioner for the purposes of his practice to another medical practitioner, or in any other way disposes or procures the disposition of the premises whether by a single transaction or a series of transactions, with a view to enabling another practitioner to use the premises for the purposes of his practice, and

b

the consideration for the sale, letting or other disposition is substantially in excess of the consideration which might reasonably have been expected if the premises had not previously been used for the purposes of a medical practice,

the sale, letting or other disposition of the premises shall be deemed for the purposes of section 54(1) and paragraph 1 above to be a sale by the first medical practitioner or his personal representative of the goodwill, or part of the goodwill, of the practice of that practitioner to that other practitioner.

Where a medical practitioner or his personal representative sells, lets or disposes or procures the disposition, of any premises, together with any other property, the court shall, for the purposes of this sub-paragraph, make such apportionment of the consideration as it thinks just.

2

Where in pursuance of any partnership agreement between medical practitioners—

a

any valuable consideration, other than the performance of services in the partnership business, is given by a partner or proposed partner as consideration for his being taken into partnership,

b

any valuable consideration is given to a partner, on or in contemplation of his retirement or of his acceptance of a reduced share of the partnership profits, or to the personal representative of a partner on his death, not being a payment in respect of that partner’s share in past earnings of the partnership or in any partnership assets or any other payment required to be made to him as the result of the final settlement of accounts, as between him and the other partners, in respect of past transactions of the partnership, or

c

services are performed by any partner for a consideration substantially less than those services might reasonably have been expected to be worth having regard to the circumstances at the time when the agreement was made,

there shall be deemed for the purposes of section 54(1) and paragraph 1 to have been a sale of the goodwill, or part of the goodwill, of the practice of any partner to whom, or to whose personal representative, the consideration or any part thereof is given or, as the case may be, for whose benefit the services are performed, to the partner or each of the partners by or on whose behalf the consideration or any part therof was given or, as the case may be, the partner who performed the services, and the said sale shall be deemed for the purposes of section 54(1) and paragraph 1 to have been effected—

i

in a case to which paragraph (a) or paragraph (b) applies, at the time when the consideration was given, or, if the consideration was not all given at the same time, at the time when the first part thereof was given, or

ii

in a case to which paragraph (c) applies, at the time when the agreement was made.

3

Where any medical practitioner—

a

performs services as an assistant to another medical practitioner for remuneration substantially less than those services might reasonably have been expected to be worth having regard to the circumstances at the time when the remuneration was fixed, and

b

subsequently succeeds, whether as the result of a partnership agreement or otherwise, to the practice or any part of the practice of the second practitioner,

there shall be deemed for the purposes of section 54(1) and paragraph 1 to have been a sale (effected at the time when the remuneration was fixed) of the goodwill, or part of the goodwill, of that practice by the second practitioner to the first practitioner, unless it is shown that that remuneration of the first practitioner was not fixed in contemplation of his succeeding to the practice, or any part of it.

4

For the purposes of section 54(1) and paragraph 1—

a

if a medical practitioner or the personal representative of a medical practitioner agrees, for valuable consideration, to do or refrain from doing any act, or to allow any act to be done, for the purpose of facilitating the succession of another medical practitioner to the practice, or any part of the practice, of the first practitioner, the transaction shall be deemed to be a sale of the goodwill, or part of the goodwill, of that practice by the first practitioner or his personal representative to the second practitioner; and

b

if any medical practitioner, or any person acting on his behalf, given any valuable consideration to another medical practitioner, or the personal representative of another medical practitioner, and the first medical practitioner succeeds, or has succeeded, whether before or after the transaction aforesaid, to the practice, or any part of the practice, of the second practitioner, the transaction shall be deemed to be a sale of the goodwill, or part of the goodwill, of the practice of the second practitioner by him or by his personal representative to the first practitioner, unless it is shown that no part of the consideration was given in respect of the said goodwill or part of it.

5

Sub-paragraph (4) above shall not apply to anything done in relation to the acquisition of premises for the purposes of a medical practice, or in pursuance of a partnership agreement, or to the performance of services as an assistant to a medical practitioner.

6

In determining for the purposes of section 54(1) and this Schedule the consideration given in respect of any transaction, the court shall have regard to any other transaction appearing to the court to be associated with the first transaction, and shall estimate the total consideration given in respect of both or all the transactions, and apportion it between those transactions in such manner as it thinks just.

7

Where any consideration is, with the knowledge and consent of a medical practitioner or his personal representative, given to any other person, and it appears to the court that the medical practitioner or, if he has died, his estate or some person beneficially interested in his estate derives a substantial benefit from the giving of the consideration, the consideration shall be deemed for the purposes of section 54(1) and this Schedule to have been given to the medical practitioner or his personal representative, as the case may be.

F191 Carried-over goodwill

Annotations:
Amendments (Textual)
F191

Sch. 10. para. 3 and the cross-heading inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 30(10); S.I.1998/631, art. 2(b), Sch. 2 (with arts. 3-5)

F1903

The fact that a person’s medical practice was previously carried on by another person who at any time provided general medical services or personal medical services does not, by itself, make it unlawful under section 54(1) for the goodwill of his practice to be sold.

SCHEDULE 11 Additional Provisions as to the Control of Maximum Prices for Medical Supplies

Orders and directions

1

1

Any power of making orders under section 57 above includes power to provide for any incidental and supplementary provisions which the Secretary of State thinks it expedient for the purposes of the order to provide.

2

An order under section 57 may make such provisions (including provision for requiring any person to furnish any information) as the Secretary of State thinks necessary or expedient for facilitating the introduction or operation of a scheme of control for which provision has been made, or for which, in his opinion, it will or may be found necessary or expedient that provision should be made, under that section.

3

An order under section 57 may prohibit the doing of anything regulated by the order except under the authority of a licence granted by such authority or person as may be specified in the order, and may be made so as to apply either to persons or undertakings generally or to any particular person or undertaking or class of persons or undertakings, and so as to have effect either generally or in any particular area.

4

F710The M101Interpretation Act 1978 shall apply to the interpretation of any order made under section 57 as it applies to the interpretation of an Act of Parliament and for the purposes of F710sections 16(1) and 17(2)(a) of that Act any such order shall be deemed to be an Act of Parliament.

Notices, authorisations and proof of documents

2

1

A notice to be served on any person for the purposes of section 57 above, or of any order or direction made or given under that section, shall be deemed to have been duly served on the person to whom it is directed if—

a

it is delivered to him personally; or

b

it is sent by registered post or the recorded delivery service addressed to him at his last or usual place of abode or place of business.

2

Where under section 57 and this Schedule a person has power to authorise other persons to act thereunder, the power may be exercised so as to confer the authority either on particular persons or on a specified class of persons.

3

Any permit, licence, permission or authorisation granted for the purposes of section 57 may be revoked at any time by the authority or person empowered to grant it.

4

Every document purporting to be an instrument made or issued by the Secretary of State or other authority or person in pursuance of section 57 and this Schedule or any provisions so having effect and to be signed by or on behalf of the Secretary of State, or that authority or person, shall be received in evidence and shall until the contrary is proved, be deemed to be an instrument made or issued by the Secretary of State, or that authority or person.

5

Prima facie evidence of any such instrument as is described in sub-paragraph (4) above may in any legal proceedings (including arbitrations) be given by the production of a document purporting to be certified to be a true copy of the instrument by or on behalf of the Secretary of State or other authority or person having power to make or issue the instrument.

Territorial extent

3

So far as any provisions contained in or having effect under section 57 above and this Schedule impose prohibitions, restrictions or obligations on persons, those provisions apply to all persons in the United Kingdom and all persons on board any British ship or aircraft, not being an excepted ship or aircraft, and to all other persons, wherever they may be, who are ordinarily resident in the United Kingdom and who are citizens of the United Kingdom and Colonies or British protected persons.

In this paragraph—

  • “British aircraft” means an aircraft registered in—

    1. a

      any part of Her Majesty’s dominions;

    2. b

      any country outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction;

    3. c

      any country consisting partly of one or more colonies and partly of one or more such countries as are mentioned in paragraph(b) above;

  • “British protected person” means the same as in F711the M102British Nationality Act 1981;

  • “excepted ship or aircraft” means a ship or aircraft registered in any country for the time being listed in F711Schedule 3 to the M103British Nationality Act 1981 or in any territory administered by the government of any such country, not being a ship or aircraft for the time being placed at the disposal of, or chartered by or on behalf of, Her Majesty’s Government in the United Kingdom.

False documents and false statements

4

1

A person shall not, with intent to deceive—

a

use any document issued for the purposes of section 57 above and this Schedule or of any order made under that section;

b

have in his possession any document so closely resembling such a document as is described in paragraph (a) above as to be calculated to deceive;

c

produce, furnish, send or otherwise make use of for purposes connected with that section and this Schedule or any order or direction made or given under that section, any book, account, estimate, return, declaration or other document which is false in a material particular.

2

A person shall not, in furnishing any information for the purposes of section 57 and this Schedule or of any order made under that section, make a statement which he knows to be false in a material particular or recklessly make a statement which is false in a material particular.

Restrictions on disclosing information

5

No person who obtains any information by virtue of section 57 above and this Schedule shall, otherwise than in connection with the execution of that section and this Schedule or of an order made under that section, disclose that information except for the purposes of any criminal proceedings, or of a report of any criminal proceedings, or with permission granted by or on behalf of a Minister of the Crown.

Offences by corporations

6

Where an offence under this Schedule committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this paragraph, the expression “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Penalties

7

1

If any person contravenes or fails to comply with any order made under section 57 above, or any direction given or requirement imposed under that section, or contravenes or fails to comply with this Schedule (except for paragraph 8(3) or paragraph 9(4) below) he is, save as otherwise expressly provided, guilty of an offence.

2

Subject to any special provisions contained in this Schedule, a person guilty of such an offence shall—

a

on summary conviction, be liable to imprisonment for a term not exceeding three months or to a fine not exceeding £100, or to both; or

b

on conviction on indictment, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding £500, or to both.

3

Where a person convicted on indictment of such an offence is a body corporate, no provision limiting the amount of the fine which may be imposed shall apply, and the body corporate shall be liable to a fine of such amount as the court thinks fit.

Production of documents

8

1

For the purposes—

a

of securing compliance with any order made or direction given under section 57 above by or on behalf of the Secretary of State, or

b

of verifying any estimates, returns or information furnished to the Secretary of State in connection with section 57 or any order made or direction given under that section,

an officer of the Secretary of State duly authorised in that behalf has power, on producing (if required to do so) evidence of his authority, to require any person carrying on an undertaking or employed in connection with an undertaking to produce to that officer forthwith any documents relating to the undertaking which that officer may reasonably require for the purpose set out above.

2

The power conferred by this paragraph to require any person to produce documents includes power—

a

if the documents are produced, to take copies of them or extracts from them and to require that person, or where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them,

b

if the documents are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.

3

If any requirement to produce documents or provide an explanation or make a statement which is imposed by virtue of this paragraph is not complied with, the person on whom the requirement was so imposed is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding F712level 3 on the standard scale , or to both.

Where a person is charged with such an offence in respect of a requirement to produce any document, it shall be a defence to prove that they were not in his possession or under his control and that it was not reasonably practicable for him to comply with the requirements.

9

1

If a justice of the peace is satisfied, on information on oath laid on the Secretary of State’s behalf, that there are any reasonable grounds for suspecting that there are on any premises any documents of which production has been required by virtue of paragraph 8 above and which have not been produced in compliance with that requirement, he may issue a warrant under this paragraph.

A warrant so issued may authorise any constable, together with any other persons named in the warrant and any other constables—

a

to enter the premises specified in the information (using such force as is reasonably necessary for the purpose); and

b

to search the premises and take possession of any documents appearing to be such documents as are mentioned above, or to take in relation to any documents so appearing any other steps which may appear necessary for preserving them and preventing interference with them.

2

Every warrant issued under this paragraph shall continue in force until the end of the period of one month after the date on which it is issued.

3

Any documents of which possession is taken under this paragraph may be retained for a period of three months or, if within that period there are commenced any proceedings for an offence under section 57 above and this Schedule to which they are relevant, until the conclusion of those proceedings.

4

Any person who obstructs the exercise of any right of entry or search conferred by virtue of a warrant under this paragraph, or who obstructs the exercise of any rights so conferred to take possession of any documents, is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding F713level 3 on the standard scale, or to both.

Northern Ireland

10

1

So far as the Secretary of State’s power under section 57 above and this Schedule is exercisable in relation to Northern Ireland—

a

he may, to such extent and subject to such restrictions as he thinks proper, by order delegate that power either to a Northern Ireland department or departments specified in that order or to the appropriate Northern Ireland department or departments; and

b

where any power is so delegated to the appropriate Northern Ireland department or departments, that power shall be exercised by such Northern Ireland department or departments as the Secretary of State may by order specify.

2

The power of the Secretary of State to make an order under sub-paragraph (1)(b) above shall be exercisable by statutory instrument; and where a power to make orders has been delegated in pursuance of sub-paragraph (1)—

a

any order made in pursuance of that power shall be made by statutory instrument; and

b

the M104Statutory Instruments Act 1946 shall apply in like manner as if the order had been made by the Secretary of State.

3

The references in section 57(1) and (2) above to this Act include any corresponding enactments of the Parliament of Northern Ireland or the Northern Ireland Assembly.

Annotations:
Marginal Citations
M104

1946 c. 36(115:2).

SCHEDULE 12 Additional Provisions as to Regulations for the Makingand Recovery of Charges

Regulations under section 77—charges for drugs, medicines orappliances, or pharmaceutical services

1

1

No charge shall be made under section 77(1) above in relation to the supply of drugs, medicines and appliances referred to in paragraph (a) of that subsection in respect of—

a

the supply of any drug, medicine or appliance for a patient who is for the time being resident in hospital, or

b

the supply of any drug or medicine for the treatment of venereal disease, or

c

the supply of any appliance (otherwise than in pursuance of paragraph (b) of section 5(1) above) for a person who is under 16 years of age F714or is under 19 years of age and receiving qualifying full-time education, or

d

the replacement or repair of any appliance in consequence of a defect in the appliance as supplied,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F715

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F716

Regulations under section 78—charges for dental or optical appliances

2

F1921

The optical appliances referred to in section 78(1) above are glasses and contact lenses, and the charge for glasses and contact lenses which that subsection authorises is a charge of such sum as may be determined by or in accordance with directions given by the Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F193

2

Regulations may—

a

vary the amount or maximum amount of any charge authorised by section 78(1) for any . . . F194optical appliance, and this power includes power to direct that the charge shall not be payable; or

b

vary the descriptions of appliances for which any such charge is authorised;

and regulations made for the purposes of section 78(1) may be made so as to take effect—

i

in the case of appliances supplied under this Act otherwise than under Part II, where the examination or testing of sight (otherwise than under that Part) leading to the supply of those appliances, or the first such examination or testing, takes place on or after the date on which the regulations come into force;

ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F195

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F196

3

No charge shall be made under section 78(1) F197or (1A) in respect of any appliance supplied otherwise than under Part II to a patient for the time being resident in a hospital.

4

No charge shall be made under section 78 F198(1A) in respect of the supply of a dental appliance if at the relevant time the person for whom that appliance was supplied—

F199a

was under F20018 years of age or was under 19 years of age and receiving qualifying full-time education; or

b

was an expectant mother or had borne a child within the previous twelve months.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F201

6

Regulations made with respect to any exemption under sub-paragraph (4) . . . F193 above may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

7

In sub-paragraphs (4) . . . F193“the relevant time” means—

a

in relation to a dental appliance supplied otherwise than under Part II, . . . F193 the time of the examination . . . F193 leading to the supply of the appliance, or the first such examination . . . F193;

b

in relation to a dental appliance supplied under Part II, the time of the making of the contract or arrangement in pursuance of which the appliance is supplied.

8

References in section 78 and in this paragraph to the supply of appliances shall be construed as including references to their replacement F202and, in the case of dentures, to their being relined or adjusted or having additions made to them, but no charge shall be made under those provisions in respect of the replacement of dentures . . . F193 if the replacement is required in consequence of loss or damage.

F2032A

1

It shall be the duty of the Secretary of State to provide by regulations for payments to be made by him or by any authority established under this Act to meet, or to contribute towards, the cost incurred (whether by way of charge under this Act or otherwise) for the supply of optical appliances for which a prescription has been given in consequence of a testing of sight under this Act—

a

for a child;

b

for a person whose resources fall to be treated under the regulations as being less than his re quirements;

or

c

for a person of such other description as may be prescribed

F204or for which a prescription has been given for a person such as is mentioned in paragraph (a), (b) or (c) above in consequence of a testing of sight (not being a testing of sight under this Act) which took place in prescribed circumstances.

2

In sub-paragraph (1) above “child” means—

a

a person who is under the age of 16 years; or

b

a person who is under the age of 19 years and receiving qualifying full-time education.

F2053

The Secretary of State may by regulations—

a

provide for himself or such authority established under this Act as may be prescribed to contribute to the cost of a testing of sight which he or the prescribed authority accepts as having been incurred by a person whose resources fall to be treated under the regulations as exceeding his requirements but only by an amount calculated under the regulations;

b

provide for payments to be made by him or by such authority established under this Act as may be prescribed to meet, or to contribute towards, any cost accepted by him or by the prescribed authority as having been incurred (whether by way of charge under this Act or otherwise) for the replacement or repair in prescribed circumstances of optical appliances for which a prescription was given in consequence of a testing of the sight of a person of a prescribed description; and

c

direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this sub-paragraph, give any such direction as to how they are to be calculated as may be given by regulations under section 83A(3) above.

3A

Descriptions of persons may be prescribed under this paragraph by reference to any criterion and, without prejudice to the generality of this sub-paragraph, by reference to any of the criteria specified in section 83A(2) above.

3B

Subsection (4) of section 83A above shall have effect in relation to regulations under this paragraph as it has effect in relation to regulations under that section.

4

If regulations under this paragraph provide for payments to be made by an authority established under this Act, it shall be the duty of the Secretary of State to pay to the authority, in respect of each financial year, the sum attributable to the authority’s disbursements under the regulations.

5

Sums falling to be paid in pursuance of regulations made under this paragraph shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.

Regulations under section 79—charges for dental treatment

3

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F206

2

Regulations may vary the amount or the maximum amount of any charge (including power to direct that the charge shall not be payable) authorised by section 79(1); and no charge shall be made under that section for any services provided in pursuance of a contract or arrangement under which the first examination took place before 29th May 1952.

3

Where any services in respect of which a charge is payable under section 78 above are provided in pursuance of a contract or arrangement, the charges payable under that section and section 79(1) in respect of all services provided in pursuance of the contract or arrangement shall not exceed a prescribed sum in the aggregate.

4

No charge shall be made under section 79(1) in respect of services provided for any person who, on the date of the contract or arrangement for the services—

F207a

was under 18 years of age or was under 19 years of age and receiving qualifying full-time education, or

b

was an expectant mother or had borne a child within the previous 12 months.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F208

5

Regulations F209made with respect to any exemption under sub-paragraph (4) above, may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

Miscellaneous Provisions

4

For the purposes of paragraph (a) of section 5(1) above and paragraph 1(a) of Schedule 1 to this Act (which provide for the Secretary of State to arrange for the free medical treatment of certain pupils) any charge made in pursuance of regulations under this Act in respect of the supply of drugs, medicines or appliances shall be disregarded.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F210

6

For the purposes of sections 77 and 78 above and of this Schedule, a bridge, whether fixed or removable, which takes the place of any teeth shall be deemed to be a denture having that number of teeth; . . . F211

F2127

References in this Schedule to qualifying full-time education mean full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and for the purposes of such references—

a

“recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; and

b

regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.

F721SCHEDULE 12A Expenditure of Health Authorities and Primary Care Trusts

Annotations:
Amendments (Textual)
F721

Sch. 12A inserted (1.9.1999 for E. for specified purposes and 1.4.2000 for E. for further specified purposes and otherwise prosp.) by 1999 c. 8, ss. 4(1)(4), 67(1); S.I. 1999/2342, art. 2(1)(4), Schs. 1, 3

F216 Health Authorities: general Part II expenditure

Annotations:
Amendments (Textual)
F216

Sch. 12A inserted (1.9.1999 for E. for specified purposes and 1.4.2000 for E. for further specified purposes and otherwise prosp.) by 1999 c. 8, ss. 4(1)(4), 67(1); S.I. 1999/2342, art. 2(1)(4), Schs. 1, 3

F2131

1

In section 97 above and this Schedule, general Part II expenditure, in relation to a Health Authority, means expenditure of the authority which—

a

is attributable to the payment of remuneration to persons providing services in pursuance of Part II of this Act, and

b

is not excluded by sub-paragraph (2) below.

2

Expenditure is excluded if it is attributable to—

a

the reimbursement of expenses of persons providing services in pursuance of Part II which are designated expenses incurred in connection with the provision of the services (or in giving instruction in matters relating to the services),

b

remuneration referable to the cost of drugs,

c

remuneration paid to persons providing additional pharmaceutical services (in accordance with directions under section 41A above), in respect of such of those services as are designated, or

d

remuneration of a designated description which is determined by the Health Authority and paid to persons providing general medical services in pursuance of Part II.

Health Authorities: main expenditure

F2142

1

In section 97 above, main expenditure, in relation to a Health Authority and the year in question, means—

a

expenditure of the authority mentioned in sub-paragraph (2) below,

b

any other expenditure of the authority attributable to the performance of their functions in that year (other than general Part II expenditure and remuneration referable to the cost of drugs), and

c

expenditure attributable to remuneration referable to the cost of drugs for which the authority are accountable in that year (whether paid by them or another authority).

2

The expenditure referred to in sub-paragraph (1)(a) above is expenditure attributable to—

a

the reimbursement in that year of expenses of persons providing services in pursuance of Part II which are designated expenses incurred in connection with the provision of the services (or in giving instruction in matters relating to the services),

b

remuneration paid in that year to persons providing additional pharmaceutical services (in accordance with directions under section 41A above), in respect of such of those services as are designated, or

c

remuneration of a designated description which is determined by the Health Authority and paid in that year to persons providing general medical services in pursuance of Part II.

3

1

For each financial year, the Secretary of State shall apportion, in such manner as he thinks appropriate, among all Health Authorities the total of the remuneration referable to the cost of drugs which is paid by each Health Authority in that year.

2

A Health Authority are accountable in any year for remuneration referable to the cost of drugs to the extent (and only to the extent) that such remuneration is apportioned to them under sub-paragraph (1) above.

3

Where in any financial year any remuneration referable to the cost of drugs for which a Health Authority are accountable is paid by another Health Authority, the remuneration is to be treated (for the purposes of sections 97 and 97A above) as having been paid by the first authority in the performance of their functions.

4

The Secretary of State may, in particular, exercise his discretion under sub-paragraph (1) above—

a

so that any apportionment reflects, in the case of each Health Authority, the financial consequences of orders for the provision of drugs, being orders which in his opinion are attributable to the authority in question,

b

by reference to averaged or estimated amounts.

5

The Secretary of State may make provision for any remuneration referable to the cost of drugs which is paid by a Health Authority other than the Health Authority which are accountable for the payment to be reimbursed in such manner as he may determine.

PCTs: general Part II expenditure

4

1

In section 97C above and this Schedule, general Part II expenditure, in relation to a Primary Care Trust, means expenditure of the trust which—

a

is attributable to the payment of remuneration to persons providing services in pursuance of Part II of this Act, and

b

is not excluded by sub-paragraph (2) below.

2

Expenditure is excluded if it is attributable to—

a

the reimbursement of expenses of persons providing services in pursuance of Part II which are designated expenses incurred in connection with the provision of the services (or in giving instruction in matters relating to the services), or

b

remuneration of a designated description which is determined by the Health Authority within whose area the area of the trust falls and paid to persons providing general medical services in pursuance of Part II.

PCTs: main expenditure

5

1

In section 97C above, main expenditure, in relation to a Primary Care Trust and the year in question, means—

a

expenditure of the trust mentioned in sub-paragraph (2) below, and

b

any other expenditure of the trust attributable to the performance of its functions in that year (other than general Part II expenditure), and is to be treated as including any expenditure apportioned to the trust for that year under paragraph 6 below.

2

The expenditure referred to in sub-paragraph (1)(a) above is expenditure attributable to—

a

the reimbursement in that year of expenses of persons providing services in pursuance of Part II which are designated expenses incurred in connection with the provision of the services (or in giving instruction in matters relating to the services), or

b

remuneration of a designated description which is determined by the Health Authority within whose area the area of the trust falls and paid in that year to persons providing general medical services in pursuance of Part II.

6

1

For each financial year, a Health Authority may apportion, to such extent and in such manner as they think appropriate, among the Primary Care Trusts whose areas fall within their area, the remuneration referable to the cost of drugs for which the authority are accountable in that year.

2

Where in any financial year—

a

any remuneration referable to the cost of drugs for which the Health Authority are accountable is paid (whether by them or another Health Authority), and

b

that remuneration is apportioned to a Primary Care Trust under sub-paragraph (1) above, that remuneration is to be treated for the purposes of sections 97C and 97D above as having been paid by the trust in the performance of its functions.

6AF215Local Health Boards: general Part 2 expenditure

1

In section 97F above and this Schedule, general Part 2 expenditure, in relation to a Local Health Board, means expenditure of the Board which—

a

is attributable to the payment of remuneration to persons providing services in pursuance of Part 2 of this Act, and

b

is not excluded by sub-paragraph (2) below.

2

Expenditure is excluded if it is attributable to—

a

the reimbursement of expenses of persons providing services in pursuance of Part 2 which are designated expenses incurred in connection with the provision of the services (or in giving instruction in matters relating to the services),

b

remuneration referable to the cost of drugs,

c

remuneration paid to persons providing additional pharmaceutical services (in accordance with directions under section 41A above), in respect of such of those services as are designated, or

d

remuneration of a designated description which is determined by the Board and paid to persons providing general medical services in pursuance of Part 2.

6BLocal Health Boards: main expenditure

1

In section 97F above, main expenditure, in relation to a Local Health Board and the year in question, means—

a

expenditure of the Board mentioned in sub-paragraph (2) below,

b

any other expenditure of the Board attributable to the performance of its functions in that year (other than general Part 2 expenditure and remuneration referable to the cost of drugs), and

c

expenditure attributable to remuneration referable to the cost of drugs for which the Board is accountable in that year (whether paid by it or by another Board).

2

The expenditure referred to in sub-paragraph (1)(a) above is expenditure attributable to—

a

the reimbursement in that year of expenses of persons providing services in pursuance of Part 2 which are designated expenses incurred in connection with the provision of the services (or in giving instruction in matters relating to the services),

b

remuneration paid in that year to persons providing additional pharmaceutical services (in accordance with directions under section 41A above), in respect of such of those services as are designated, or

c

remuneration of a designated description which is determined by the Board and paid in that year to persons providing general medical services in pursuance of Part 2.

6C

1

For each financial year, the National Assembly for Wales shall apportion, in such manner as it thinks appropriate, among all Local Health Boards the total of the remuneration referable to the cost of drugs which is paid by each Local Health Board in that year.

2

A Local Health Board is accountable in any year for remuneration referable to the cost of drugs to the extent (and only to the extent) that such remuneration is apportioned to it under sub-paragraph (1) above.

3

Where in any financial year any remuneration referable to the cost of drugs for which a Local Health Board is accountable is paid by another Local Health Board, the remuneration is to be treated (for the purposes of sections 97F and 97G above) as having been paid by the first Board in the performance of its functions.

4

The National Assembly for Wales may, in particular, exercise its discretion under sub-paragraph (1) above—

a

so that any apportionment reflects, in the case of each Local Health Board, the financial consequences of orders for the provision of drugs, being orders which in the Assembly’s opinion are attributable to the Board in question,

b

by reference to averaged or estimated amounts.

5

The National Assembly for Wales may make provision for any remuneration referable to the cost of drugs which is paid by a Local Health Board other than the Board which is accountable for the payment to be reimbursed in such manner as the Assembly may determine.

Interpretation

7

1

In this Schedule—

  • “designated” means designated in writing by the Secretary of State (and different designations may be made for different purposes),

  • “drugs” includes medicines and listed appliances (within the meaning of section 41 above),

  • “pharmaceutical services” does not include additional pharmaceutical services.

2

The Secretary of State shall determine what remuneration paid by Health Authorities to persons providing pharmaceutical services is to be treated for the purposes of this Schedule as remuneration referable to the cost of drugs.

3

The Secretary of State may treat all remuneration paid by Health Authorities to such persons, so far as it is met by an NHS trust or Primary Care Trust under section 103(3) below, as remuneration referable to the cost of drugs for those purposes.

F217SCHEDULE 13

Annotations:
Amendments (Textual)
F217

Sch. 13 repealed (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 3

Part I Procedural and other Provisions

Procedure in respect of investigations

1

Where the Commissioner proposes to conduct an investigation pursuant to a complaint under Part V of this Act, he shall afford to the relevant body concerned, and to any other person who is alleged in the complaint to have taken or authorised the action complained of, an opportunity to comment on any allegations contained in the complaint.

2

Every such investigation shall be conducted in private, but except for that the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in the circumstances of the case.

3

Without prejudice to the generality of paragraph 2 above, the Commissioner may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.

4

The Commissioner may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or furnishes information for the purposes of an investigation under Part V of this Act—

a

sums in respect of expenses properly incurred by them,

b

allowances by way of compensation for the loss of their time,

in accordance with such scales and subject to such conditions as may be determined by F717the Treasury.

5

The conduct of an investigation under Part V of this Act shall not affect any action taken by the relevant body concerned, or any power or duty of that body to take further action with respect to any matters subject to the investigation.

6

Where the person aggrieved has been removed from the United Kingdom under any Order in force under the M105Immigration Act 1971 he shall, if the Commissioner so directs, be permitted to re-enter and remain in the United Kingdom, subject to such conditions as the Secretary of State may direct, for the purposes of the investigation.

Evidence

7

For the purposes of an investigation under Part V of this Act the Commissioner may require any employee, officer or member of the relevant body concerned or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document.

8

For the purposes of any such investigation the Commissioner shall have the same powers as the Court (which in this Schedule means, in relation to England and Wales, the High Court, in relation to Scotland, the Court of Session, and in relation to Northern Ireland, the High Court of Northern Ireland) in respect of the attendance and examination of witnesses (including the administration of oaths or affirmations and the examination of witnesses abroad) and in respect of the production of documents.

9

No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation under Part V of this Act.

The Crown shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

10

No person shall be required or authorised by Part V of this Act and this Schedule to furnish any information or answer any question relating to proceedings of the Cabinet or of any committee of the Cabinet or to produce so much of any document as relates to such proceedings.

For the purposes of this paragraph a certificate issued by the Secretary of the Cabinet with the approval of the Prime Minister and certifying that any information, question, document, or part of a document so relates shall be conclusive.

11

Subject to paragraph 9 above, no person shall be compelled for the purposes of an investigation under Part V of this Act to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the Court.

Obstruction and contempt

12

If any person without lawful excuse obstructs the Commissioner or any officer of the Commissioner in the performance of his functions under Part V of this Act and this Schedule, or is guilty of any act or omission in relation to an investigation under that Part which, if that investigation were a proceeding in the Court, would constitute contempt of court, the Commissioner may certify the offence to the Court.

13

Where an offence is certified under paragraph 12 above, the Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the Court could deal with him if he had committed the like offence in relation to the Court.

14

Nothing in paragraphs 12 and 13 above shall be construed as applying to the taking of any such action as is mentioned in paragraphs 5 and 6 above.

Secrecy of information

15F718. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

Information obtained by the Commissioner or his officers in the course of or for the purposes of an investigation under Part V of this Act shall not be disclosed except—

a

for the purposes of the investigation and of any report to be made in respect of the investigation under that Part,

b

for the purposes of any proceedings for an offence under F719the Official Secrets Acts 1911 to 1989 alleged to have been committed in respect of information obtained by the Commissioner or any of his officers by virtue of that Part or for an offence of perjury alleged to have been committed in the course of an investigation under that Part or for the purposes of an inquiry with a view to the taking of such proceedings, or

c

for the purposes of any proceedings under paragraphs 12 and 13 above,

and the Commissioner and his officers shall not be called upon to give evidence in any proceedings (other than those mentioned in this paragraph) of matters coming to his or their knowledge in the course of an investigation under that Part.

F72016A

1

Where the Commissioner also holds office as a relevant commissioner and a person initiates a complaint to him in his capacity as such a commissioner which relates partly to a matter with respect to which that person has previously initiated a complaint to him in his capacity as the Commissioner, or subsequently initiates such a complaint, information obtained by the Commissioner or his officers in the course of or for the purposes of the investigation under Part V of this Act may be disclosed for the purposes of his carrying out his functions in relation to the other complaint.

2

In this paragraph “relevant commissioner”—

a

in relation to the Health Service Commissioner for England, means the Parliamentary Commissioner, the Health Service Commissioner for Wales and the Health Service Commissioner for Scotland; and

b

in relation to the Health Service Commissioner for Wales, means the Parliamentary Commissioner, the Health Service Commissioner for England and the Health Service Commissioner for Scotland.

17

A Minister of the Crown may give notice in writing to the Commissioner, with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the Minister’s opinion the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest.

18

Where a notice under paragraph 17 above is given nothing in this Schedule shall be construed as authorising or requiring the Commissioner or any officer of the Commissioner to communicate to any person or for any purpose any document or information specified in the notice, or any document or information of a class so specified.

Part II

Matters not subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales

19

The following matters are not subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales—

1

Action taken in connection with the diagnosis of illness or the care or treatment of a patient, being action which, in the opinion of the Commissioner in question, was taken solely in consequence of the exercise of clinical judgment, whether formed by the person taking the action or any other person.

2

Action taken by a Family Practitioner Committee in the exercise of its functions under the M106National Health Service (Service Committees and Tribunal) Regulations 1974, or any instrument amending or replacing those regulations.

3

Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service under this Act.

4

Action taken in matters relating to contractual or other commercial transactions, other than in matters arising from arrangements between a relevant body and another body which is not a relevant body for the provision of services for patients by that other body; and in determining what matters arise from such arrangements there shall be disregarded any arrangements for the provision of services at an establishment maintained by a Minister of the Crown for patients who are mainly members of the armed forces of the Crown.

5

Action which has been, or is, the subject of an inquiry under section 84 above.

SCHEDULE 14 Transitional Provisions and Savings

General

1

1

In so far as—

a

any agreement, appointment, apportionment, authorisation, determination, instrument, order or regulation made by virtue of an enactment repealed by this Act, or

b

any approval, consent, direction, or notice given by virtue of such an enactment, or

c

any complaint made or investigation begun by virtue of such an enactment, or

d

any other proceedings begun by virtue of such an enactment, or

e

anything done or having effect as if done,

could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment.

2

Where—

a

there is any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or to a thing omitted, or to an event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act, then

b

that reference shall be construed (subject to its context) as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of any of the corresponding provisions of the repealed enactments.

2

Where any instrument or document refers either expressly or by implication to an enactment repealed by this Act the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act.

3

Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if its corresponding provision had been in force when that period began to run.

Medical schools in London

4

Notwithstanding the repeal by this Act of section 15 of the M29National Health Service Act 1946—

a

where a scheme was prepared and submitted under subsection (1) and approved under subsection (2) of that section, that scheme may be amended by a new scheme in accordance with subsection (3) of that section; and

b

any scheme prepared, submitted and approved under that section, or as amended under paragraph (a) above, shall continue to have effect, or have effect, as if that section had not been repealed.

Section 36of the National Health Service Act 1946

5

Notwithstanding the repeal by this Act of section 36 of the M30National Health Service Act 1946 (compensation for loss of right to sell a medical practice) that section shall continue to have such effect as may be necessary for the purposes of sections 1 to 7 of the M31National Health Service (Amendment) Act 1949.

The saving made by this paragraph applies to section 51 of the M32National Health Service Reorganisation Act 1973 (which amended section 36 of the M33National Health Service Act 1946), and to any regulations made under that section 36 which were in force immediately before the coming into force of this Act.

Local Acts and charters

6

1

Where at the passing of the M34National Health Service Act 1946—

a

there was in force a local or private Act or charter containing provisions which appear to the Secretary of State either to be inconsistent with any of the provisions of that Act of 1946 as reproduced in this Act, or to have been made redundant in consequence of the passing of that Act of 1946, then

b

the Secretary of State may by order make such alterations, whether by amendment or by repeal, in the local or private Act or charter as appear to him to be necessary for the purpose of bringing its provisions into conformity with the provisions of that Act of 1946 as so reproduced, or for the purpose of removing redundant provisions, as the case may be.

2

Any provision of a charter defining or restricting—

a

the objects of any hospital to which section 6 of that Act of 1946 applied, or

b

the purposes for which any property transferred to the Secretary of State or the Board of Governors of a teaching hospital by virtue of that Act of 1946 may be used,

shall cease to have effect.

Persons authorised to provide pharmaceutical services

7

1

A person who for three years immediately before 16th December 1911 acted as a dispenser to a medical practitioner or a public institution is in the same position in relation to the undertaking referred to in section 43(2) above regarding the dispensing of medicines as a registered pharmacist.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F218

Disqualification of practitioners

8

Where by virtue of section 42(8) of the M35National Health Service Act 1946 a person’s name was, immediately before the coming into force of this Act, disqualified for inclusion in any list referred to in section 42(1) of that Act, that person’s name is disqualified for inclusion in any list referred to in section 46(1) above, until such time as F219the Tribunal direct to the contrary.

Regulations made under section 49 above shall have effect for the purposes of this paragraph.

Definition of “local authority”

9

The definition of “local authority” in section 128(1) above includes any joint board constituted under the M36Public Health Act 1936 or under the M37Public Health (London) Act 1936 or any enactment repealed by those Acts, or any port health authority constituted under those Acts or under any Act passed before those Acts.

Sections 3 and 4 of the Health Services and Public Health Act1968

10

1

Notwithstanding the repeal by this Act of section 3 of the Health Services and Public Health Act 1968 (transitional provisions relating to accommodation and treatment of private patients), subsection (2) of that section continues to have the same effect in relation to an undertaking given before 31st March 1969 under section 5 of the M38National Health Service Act 1946 (accommodation for private patients) as it had immediately before the coming into force of this Act.

2

An undertaking given before the coming into force of section 4(1) of the M39Health Services and Public Health Act 1968 in respect of payment under section 4 of the M40National Health Act 1946 (accommodation available on part payment) continues to have the same effect as it had immediately before the coming into force of this Act.

Vehicles under section 33 of the Health Services and Public Health Act 1968

11

The provision of vehicles as mentioned in section 33 of the M41Health Services and Public Health Act 1968, and the taking of any such action as is mentioned in subsection (2) of that section, shall for the purposes of the National Health Service Act 1946 be treated as having been included among hospital and specialist services provided under Part II of that Act of 1946 as from its commencement.

Prevention, care and after-care

12

Any arrangements made under section 28(1) of the M42National Health Service Act 1946 by a local health authority which were in force immediately before 9th September 1968 shall—

a

so far as they could be made under paragraph 2(1) of Schedule 8 to this Act, continue to have effect as if so made;

b

so far as they relate to any matters falling within section 3(1) of the M43Disabled Persons (Employment) Act 1958, continue to have effect as if made under that section.

Saving of amendments

13

1

Notwithstanding the repeal by this Act of section 76 and Part I of Schedule 10 to the National Health Service Act 1946, and section 57(1) and Schedule 4 to the M44National Health Service Reorganisation Act 1973—

a

the amendments made by Part I of Schedule 10 to that Act of 1946 to the M45Voluntary Hospitals (Paying Patients) Act 1936 and to the M46Public Health Act 1936, and C48

C49b

the amendments made by paragraphs F220paragraphs 2, F221. . . 40, 68, 82, 109, 111, 123, 124(2) and (3), 125(2), 128, 130, 131(2), 132, 133, 151 and 152of Schedule 4 to that Act of 1973,

shall continue to have the same effect as they had immediately before the coming into force of this Act, subject to any amendments made by this Act.

2

Nothing in this Act F222or the Health Authorities Act 1995 affects the Secretary of State’s power under section 58 of the National Health Service Reorganisation Act 1973 to bring into force paragraph F222131(2) of Schedule 4 to that Act.

Transfers of property by voluntary organisations

14

Notwithstanding the repeal by this Act of section 23(2) of the M47National Health Service (Amendment) Act 1949, section 23(1) of that Act shall be deemed to have had effect as from 5th July 1948.

Annotations:
Marginal Citations
M47

1949 c. 93(113:2).

Mental Health Act 1959

15

1

Any regulations under section 7 of the M48Mental Health Act 1959 in force immediately before 9th September 1968, shall, so far as they could be made under paragraph 2 of Schedule 8 to this Act, have effect as if so made.

2

Any institution provided under section 97 of the Mental Health Act 1959, or deemed to be so provided when that section came into force, shall be deemed to be provided in pursuance of section 4 above.

The National Health Service Reorganisation Act 1973

F22316

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Complaints in respect of preserved Boards or bodies abolished undersection 14of the National Health Service Reorganisation Act 1973

F22417

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Permission deemed to have been granted under section 9(5) of the Health Services Act 1976

18

Where under any arrangements terminated by virtue of section 9(5) of the M49Health Services Act 1976—

a

a person was deemed to have been granted under that section permission to use accommodation and facilities to the same extent and for the same purposes as were covered by those arrangements, then

b

that person shall be deemed to have been granted under section 72 above the like permission (and the provisions of that section shall apply accordingly).

Annotations:
Marginal Citations
M49

1976 c. 83(113:2).

X4SCHEDULE 15Consequential Amendments

Section 129.

Annotations:
Editorial Information
X4

The text of Sch. 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

ACTS

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F225

The Education Act 1944 c.31

F2262

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education Act 1946 c.50

F2273

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Polish Resettlement Act 1947 c.19

4

In section 4(1) of the Polish Resettlement Act 1947, for the words “ National Health Service Act, 1946, or the NAtional Health Service Reorganisation Act 1973” substitute “ National Health Service Act 1977 ”, and for the words “ those Acts” substitute “ that Act ”

The National Assistance Act 1948 c.29

F2285

In paragraph (c) of section 21(7) of the National Assistance Act 1948, for the words “ National Health Service Acts 1946 to 1973” substitute “ National Health Service Act 1977 ”.

6

In paragraph (b) of section 29(6) of the National Assistance Act 1948, for the words “ National Health Service Act, 1946, the National Health Service Reorganisation Act 1973” substitute “ National Health Service Act 1977 ”.

7

In section 47(8) of the National Assistance Act 1948, for the words “ National Health Service Act 1946, or the National Health Service Reorganisation Act 1973” substitute “ National Health Service Act 1977 ”.

The Law Reform (Personal Injuries) Act 1948 c.41

8

In section 2(4) of the Law Reform (Personal Injuries) Act 1948, for the words “ National Health Service Act 1946” substitute “ National Health Service Act 1977 ”.

The Children Act 1948 c. 43

9

In section 59(1) of the Children Act 1948, in the definition of “ hospital”, for the words “ section seventy-nine of the National Health Service Act 1946,” substitute “ section 128(1) of the National Health Service Act 1977 ”.

The Nurseries and Child-Minders Regulation Act 1948 c.53

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F229

Annotations:
Amendments (Textual)
F229

Sch. 15 para. 10 repealed (14.10.1991) by Children Act (c. 41, SIF 20), s. 108(7), Sch. 15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F230

The Reserve and Auxilliary Forces (Protection of Civil Interests) Act 1951 c.65

12

In Part I of Schedule 2 to the Reserve and Auxilliary Forces (Protection of Civil Interests) Act 1951—

F231a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in paragraph 16, in the first column, for the words “ National Health Service Act, 1946” substitute “ National Health Service Act 1977 ”F232. . .

The Landlord and Tenant Act 1954 c.56

13

In section 57(6) of the Landlord and Tenant Act 1954, for the words “ National Health Service Act 1946 and the National Health Service Reorganisation Act 1973” substitute “ National Health Service Act 1977 ”.

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F233

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F234

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F235

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F236

The Disabled Persons (Employment) Act 1958 c.33

21

In section 3(2) of the Disabled Persons (Employment) Act 1958, for the words “ section twenty-eight of the National Health Service Act, 1946” substitute “ paragraph 2 of Schedule 8 to the National Health Service Act 1977 ”.

The Public Records Act 1958 c.51

22

In Part I of the Table in Schedule 1 to the Public Records Act 1958, in the entry relating to the Department of Health and Social Security (formerly the entry relating to the Ministry of Health) after the words “ National Health Service Reorganisation Act 1973” add “ or section 92 of the National Health Service Act 1977 ”, and after the words “ said Act of 1973” add “ or section 90 or 91 of the National Health Service Act 1977 ”.

The Mental Health Act 1959 c.72

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F237

24

F2381

In subsection (1) of section 8 of the Mental Health Act 1959, for the words “ section twenty-eight of the National Health Service Act 1946” substitute “ paragraph 2 of Schedule 8 to the National Health Service Act 1977 ”.

2

In subsection (2) of that section, for the words “ Part III of the National Health Service Act 1946” substitute “ Schedule 8 to the National Health Service Act 1977 ”.

3

In subsection (4) of that section, omit the words “ Part III of the National Health Service Act 1946, and under” and after the words “ National Assistance Act, 1948” add “ and under Schedule 8 to the National Health Service Act 1977 ”.

F23925

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F240

29

In paragraph (b) of section 128(1) of the Mental Health Act 1959, omit the words “ or the National Health Service Reorganisation Act 1973” and after the words “ National Assistance Act 1948” insert “ or the National Health Service Act 1977 ”.

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F241

32

In section 142(2) of the Mental Health Act 1959, for the words “ section fifty-seven of the National Health Service Act 1946” substitute “ section 85 of the National Health Service Act 1977 ”.

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F242

34

In section 154(2) of the Mental Health Act 1959, for the words “ subsection (3) of section eighty of the National Health Service Act 1946” substitute “ section 130(4) of the National Health Service Act 1977 ”.

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F243

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F244

37

In section 10 of the National Health Service Act 1966—

a

in subsection (1), for the words “ Part IV of the National Health Service Act 1946” substitute “ Part II of the National Health Service Act 1977”, and in paragraph (a) of that subsection for the words “ section 43 of the said Act of 1946” substitute “ section 56 of the said Act of 1977”;

b

for subsection (3) substitute—

3

Section 29(4) of the National Health Service Act 1977 shall cease to have effect on the coming into operation of this section.

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F245

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F246

The Superannuation (Miscellaneous Provisions) Act 1967 c. 28

40

In section 7(1) of the Superannuation (Miscellaneous Provisions) Act 1967, in paragraph (a) for the words “ National Health Service Acts 1946 to 1973” substitute “ National Health Service Act 1977 ”, and in paragraph (b) for “ Acts of 1946 to 1973” substitute “ Act of 1977 ”.

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F247

The Leasehold Reform Act 1967 c.88

42

In paragraph (c) of section 28(6) of the Leasehold Reform Act 1967, for the words “ National Health Service Acts 1946 to 1973” substitute “ National Health Service Act 1977 ”.

The Health Services and Public Health Act 1968 c.46

43

In paragraph (b) of section 45(4) of the Health Services and Public Health Act 1968, for the words “ National Health Service Act 1946 or Part I of this Act or the National Health Service Reorganisation Act 1973” substitute “ National Health Service Act 1977 ”.

44

In section 59(2) of the Health Services and Public Health Act 1968, for the words “ Part IV of the National Health Service Act 1946” substitute “ Part II of the National Health Service Act 1977 ”.

45

1

In paragraph (b) of section 63(2) of the Health Services and Public Health Act 1968, for the words “ Part IV of the 1946 Act” substitute “ Part II of the 1977 Act ”;

2

In subsection (8) of that section—

a

for the words “ 1946 Act means the National Health Service Act 1946” substitute “ 1977 Act means the National Health Service Act 1977 ”;

b

in paragraph (a) of the definition of “ the relevant enactments” for the words “ and Part I of this Act and section 45 thereof” substitute “ section 45 of this Act and the National Health Service Act 1977 ”;

c

in paragraph (b) of the definition of “ the relevant enactments” for the words “ and Part I of this Act and section 45 thereof and the National Health Service Reorganisation Act 1973” substitute “ section 45 of this Act and the National Health Service Act 1977 ”.

46

In section 64(3) of the Health Services and Public Health Act 1968—

a

omit paragraph (a)(ii);

b

omit paragraph (a)(xvi);

c

after paragraph (a)(xvii) add “ (xviii) the National Health Service Act 1977. ”

47

In section 65(3) of the Health Services and Public Health Act 1968—

a

omit paragraph (b)(ii);

b

omit paragraph (b)(xvii);

c

after paragraph (b)(xviii) add “ (xix) the National Health Service Act 1977 ”.

The Social Work (Scotland) Act 1968 c.49

48

In section 86(3) of the Social Work (Scotland) Act 1968, for “ Part II of the National Health Service Act 1946” substitute “ sections 2 and 3 of the National Health Service Act 1977 ”.

The Medicines Act 1968 c.67

49

In section 131(5) of the Medicines Act 1968, for the words “ National Health Service Acts 1946 to 1973” substitute “ National Health Service Act 1977 ”.

50

In section 132(1) of the Medicines Act 1968, in the definition of “ health centre”, for the words “ section 2 of the National Health Service Reorganisation Act” substitute “ section 2 or 3 of the National Health Service Act 1977 ”.

The Local Authority Social Services Act 1970 c.42

51

In Schedule 1 of the Local Authority Social Services Act 1970, for the entry relating to the National Health Service Act 1946 substitute in the appropriate chronological order—

a

in the column headed “Enactment”, the words “ National Health Service Act 1977 Schedule 8 ”;

b

in the column headed “Nature of functions”, the words “ Care of mothers and young children; prevention, care and after-care; home help and laundry facilities ”.

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F248

The Tribunals and Inquiries Act 1971 c. 62

F24953

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Finance Act 1971 c.68

F25054

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

In paragraph 1(1) of Schedule 13 to the Finance Act 1971, for “ National Health Service Act 1946” substitute “ National Health Service Act 1977 ”.

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F251

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F252

The National Health Service Reorganisation Act 1973 c.32

58

In section 14(2) of the National Health Service Reorganisation Act 1973, for the words “ subsection (2) or (3) of section 55 of the principal Act” substitute “ subsection (1) or (2) of section 98 of the National Health Service Act 1977 ”.

59

In section 15 of the National Health Service Reorganisation Act 1973, after subsection (5) insert the following subsection—

5A

So far as may be necessary for the purposes of subsections (3) to (5) above, any reference in those subsections to this Act, or to any instrument in force by virtue of this Act, shall (as the case may be) include a reference to—

a

any provision of this Act which has been repealed and re-enacted by the National Health Service Act 1977 ;

b

any instrument in force by virtue of a provision of this Act which has been repealed and re-enacted by that Act of 1977.

The Local Government Act 1974 c.7

F25360

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25461

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Trade Union and Labour Relations Act 1974 c.52

62

F255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security Act 1975 c. 14

F25663

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25764

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The House of Commons Disqualification Act 1975 c.24

65

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975, in the entry relating to the Medical Practices Committee, for the words “ section 34 of the National Health Service Act 1946” substitute “ section 7 of the National Health Service Act 1977 ”.

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F258

The Child Benefit Act 1975 c.61

F25967

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F259

Sch. 15 para. 67 repealed (1.7.1992) by Social Security (Consequential Provisions) Act (c. 6), ss. 3, 7(2), Sch.1.

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F260

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F261

The Health and Personal Social Services (Northern Ireland) Order 1972 S.I. 1972/1265 (N.I. 14)

72

In paragraph 7 of Schedule 11 to the Health and Personal Social Services (Northern Ireland) Order 1972 for the words “ Part IV of the National Health Service Act 1946” substitute “ Part II of the National Health Service Act 1977”.

X2Schedule 16 Repeals

Section 129.

Annotations:
Editorial Information
X2

The text of Sch. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Chapter

Short title

Extent of repeal

26 Geo 5 & 1 Edw. 8. c. 49.

The Public Health Act 1936.

Section 203.

9 & 10 Geo. 6. c. 81.

The National Health Service Act 1946.

The whole Act.

12, 13, & 14 Geo. 6. c. 93.

The National Health Service (Amendment) Act 1949.

Section 8.

Sections 10 and 11.

Sections 14 to 18.

Sections 20(1) and 21.

Section 23.

Section 25.

Sections 28 and 29(1).

In section 32(1), the words from “ and this Act” where they first occur to “ 1946 and 1949”.

In the Schedule, Part I.

14&15 Geo. 6. c. 31.

The National Health Service Act 1951.

The whole Act.

15&16 Geo.6. & 1 Eliz. 2. c. 25.

The National Health Service Act 1952.

The whole Act.

7 & 8 Eliz. 2. c. 72.

The Mental Health Act 1959.

In section 8(4), the words “ Part III of the National Health Service Act, 1946, and under”

In section 128(1), in paragraph (b), the words “ the National Health Service Act, 1946, or”, and the words, “ or the National Health Service Reorganisation Act 1973”.

In Schedule 7, the entries relating to the National Health Service Act 1946, and the National Health Service (Amendment) Act 1949.

8 & 9 Eliz. 2. c. 49.

The Public Health Laboratory Service Act 1960.

The whole Act.

9 & 10 Eliz. 2. c. 19.

The National Health Service Act 1961.

The whole Act.

1964 c. 60.

The Emergency Laws (Re-enactments and Repeals) Act 1964.

Section 5.

In section 15, the words “ the National Health Service Acts 1946 to 1973”, and the words “ and the corresponding enactments of the Parliament of Northern Ireland”.

1965 c. 42.

The Public Health (Notification of Births) Act 1965.

The whole Act.

1966 c. 8.

The National Health Service Act 1966.

In section 12(2), from the words “ so far as” where they first occur to the words “ and this Act”.

1968 c. 46.

The Health Services and Public Health Act 1968.

Part I.

In section 63(8), in paragraph (a) of the definition of “ the relevant enactments” the words “ the 1946 Act”.

In section 64(3), paragraph (a)(ii) and paragraph (a)(xvi).

In section 65(3), paragraph (b)(ii) and paragraph (b)(xvii).

In section 79(1), from the words “ and the” where they first occur to the words “ 1946 to 1968”.

In Schedule 2, Part I.

1968 c. 67.

The Medicines Act 1968.

In Schedule 5, paragraph 11.

1970 c. 42.

The Local Authority Social Services Act 1970.

In Schedule 1, in the entry relating to the Health Services and Public Health Act 1968, the references to sections 12 and 13 in the column headed “ Enactment”and in the column headed “ Nature of Functions”.

1972 c. 70.

The Local Government Act 1972.

In Schedule 23, paragraphs 1, 5, 15(1) and (2).

1973 c. 32.

The National Health Service Reorganisation Act 1973.

Sections 2 to 13.

In section 15(3), the words “ and in particular nothing in any provision of this Act amending section 55 of the principal Act (which relates to accounts)”.

Sections 21 and 22.

Section 28.

Part III.

Section 40.

Sections 42 and 43.

Sections 45 to 48.

Sections 50 to 53.

Section 54(1) and (5).

In section 55(1), the definitions “ special hospital” and “ Special Trustees”.

In section 56—

(a)in subsection (1), in paragraph (a), the words “ or by virtue of section 34(1)(h) or (6) of this Act or subsection (6) of the following section”;

(b)in subsection (3), the reference “ 23(2)”;

(c)in subsection (4), the words “ and any power conferred by section 7 of this Act to give directions by an instrument in writing”;

(d)in subsection (5), the words “ other than section 7”.

In section 57, subsections (1) and (6).

In section 58—

(a)in subsection (1), the word “ and” where it first occurs, and paragraph (a);

(b)subsection (6).

Schedules 1, 3 and 4.

1974 c. 7.

The Local Government Act 1974.

In Schedule 6, paragraph 21.

1976 c. 48.

The Parliamentary and other Pensions and Salaries Act 1976.

Section 7.

1976 c. 59.

The National Health Service (Vocational Training) Act 1976.

The whole Act.

1976 c. 83.

The Health Services Act 1976.

Section 2.

Sections 4 and 5.

Sections 7 to 11.

In section 23—

(a)in subsection (1), the definitions of “ the 1946 Act” and “ the National Health Service Acts”;

(b)subsections (3) to (5).

In Schedule 1, Part V.

Schedule 3.

In Schedule 4, Part I.