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SCHEDULES

Section 129.

SCHEDULE 15Consequential Amendments

ACTS

The Midwives Act 1936 c.40

1In section 2(3) of the Midwives Act 1936, the first reference to that Act shall be construed as including a reference to sections 2 and 3 of this Act.

The Education Act 1944 c.31

2In section 48(4) of the Education Act 1944, for the words " section 3(1) or 3(2)(a)(i) of the National Health Service Reorganisation Act 1973 " substitute " section 5(1) of the National Health Service Act 1977 or paragraph 1(a)(i) of Schedule 1 to that Act ".

The Education Act 1946 c.50

3In paragraph (c) of section 4(2) of the Education Act 1946, for the words " section 3 of the National Health Service Reorganisation Act 1973 " substitute " paragraph (a) of section 5(1) of the National Health Service Act 1977 and Schedule 1 to that Act ".

The Polish Resettlement Act 1947 c.19

4In 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

5In 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 ".

6In 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 ".

7In 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

8In 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

9In 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

10In section 13(1) of the Nurseries and Child-Minders Regulation 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 National Service Act 1948 c.64

11In paragraph 3 of Schedule 1 to the National Service Act 1948, for the words " section 12 of the Health Services and Public Health Act 1968 " substitute " paragraph 2 of Schedule 8 to the National Health Service Act 1977 ".

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 c.65

12In Part I of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951—

(a)in paragraph 15, in the first column, for the words from " Regional" to " 1946 " substitute " Board of Governors preserved under section 15(1) of the National Health Service Reorganisation Act 1973, or a health authority or other body constituted under the National Health Service Act 1977 ", and, in the second column, before "The Board", insert " The Authority "; and

(b)in paragraph 16, in the first column, for the words " National Health Service Act, 1946" substitute " National Health Service Act 1977 " and, in the second column, for the words " The Executive Council " substitute " The Area Health Authority ".

The Landlord and Tenant Act 1954 c.56

13In 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 ".

The Medical Act 1956 c.76

14(1)In section 16(1) of the Medical Act 1956, for the words " section 2 of the National Health Service Reorganisation Act 1973 " substitute " sections 2 and 3 of the National Health Service Act 1977 ".

(2)In paragraph (a) of subsection (2) of that section, for the words "Part IV of the National Health Service Act 1946" substitute " Part II of the National Health Service Act 1977 ".

The Nurses Act 1957 c. 15

15In section 13(1) of the Nurses Act 1957, for the words " section 47 of the National Health Service Reorganisation Act 1973 " substitute " section 97 of the National Health Service Act 1977 ".

16In section 33(1) of the Nurses Act 1957, in the definition of " hospital " for the words " National Health Service Act, 1946 " substitute " National Health Service Act 1977 ", and in the definition of " region ", for the words " National Health Service Reorganisation Act 1973 " substitute " National Health Service Act 1977 ".

17In paragraph 3(e) of Schedule 1 to the Nurses Act 1957, for the words " section 2 of the National Health Service Reorganisation Act 1973 " substitute " sections 2 and 3 of the National Health Service Act 1977 ".

The Dentists Act 1957 c. 28

18In section 42(4) of the Dentists Act 1957, for the words " section 2 or 3 of the National Health Service Reorganisation Act 1973 " substitute " sections 2 and 3 and paragraph (a) of section 5(1) and Schedule 1 of the National Health Service Act 1977 ", and for the words " the said sections 2 or Article 5 " substitute " section 2 and section 3 of that Act of 1977 or section 2 of that Act of 1972 or Article 5 of that Order of 1972 ".

The Opticians Act 1958 c. 32

19In paragraph (b) of section 21(2) of the Opticians Act 1958, for the words "Part IV of the National Health Service Act, 1946, the National Health Service Reorganisation Act 1973 " substitute " the National Health Service Act 1977 ".

20In section 30(1) of the Opticians Act 1958—

(a)in the definition of " health service ophthalmic lists "—

(i)for the word " supplementary " where it first occurs substitute " general ";

(ii)for the words " section forty-one of the National Health Service Act 1946 " substitute " section 39 of the National Health Service Act 1977 ";

(b)in the definition of " health service tribunal", for the words " Seventh Schedule to the said Act of 1946" substitute " Schedule 9 to the National Health Service Act 1977 ".

The Disabled Persons (Employment) Act 1958 c. 33

21In 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

22In 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

23In section 3(1) of the Mental Health Act 1959, for " National Health Service Reorganisation Act 1973" substitute " National Health Service Act 1977 ".

24(1)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 ".

25In section 9(1) 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 ".

26In section 28(3) of the Mental Health Act 1959, for the words " section five of the National Health Service Act, 1946 " substitute " section 65 or section 66 of the National Health Service Act 1977 ".

27In section 41(3) of the Mental Health Act 1959, for the words " National Health Service Act, 1946 " substitute " National Health Service Act 1977 " and for the words " Part II of that Act" substitute " Part I of that Act ".

28In section 59(1) of the Mental Health Act 1959, for the words "National Health Service Acts 1946 to 1973 " substitute " National Health Service Act 1977 ".

29In paragraph (b) of section 128(1) of the Mental Health Act 1959, omit the words " the National Health Service Act, 1946, or ", and 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 ".

30In section 133(2) of the Mental Health Act 1959, for the words " National Health Service Act 1946 and the National Health Service Reorganisation Act 1973 " substitute " National Health Service Act 1977 ", and for the words " those Acts " substitute " that Act ".

31In section 135(6) of the Mental Health Act 1959, for the words " Part I of the Health Services and Public Health Act 1968 " substitute " paragraph 2 of Schedule 8 to the National Health Service Act 1977 ".

32In 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 ".

33In section 147(1) of the Mental Health Act 1959 (interpretation)—

(a)in the definition of " hospital", for the words " National Health Service Acts 1946 to 1973 " substitute " National Health Service Act 1977 " , and

(b)in the definition of " special hospital", for the words "National Health Service Reorganisation Act 1973" substitute " National Health Service Act 1977 ".

34In 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 ".

The Health Visiting and Social Work (Training) Act 1962 c.33

35In sections 3(5) and 5(1) of the Health Visiting and Social Work (Training) Act 1962, for the words " Part III of the National Health Service Act 1946 " substitute in each of those subsections " Schedule 8 to the National Health Service Act 1977 ".

The National Health Service Act 1966 c.8

36In section 2(1) of the National Health Service Act 1966, for the words " National Health Service Act 1946 " substitute " National Health Service Act 1977 ".

37In 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.

The Building Control Act 1966 c.27

38In paragraph (h) of section 5(1) of the Building Control Act 1966, for the words "section 5 of the National Health Service Reorganisation Act 1973 " substitute " sections 8 to 11 of the National Health Service Act 1977 ".

The General Rate Act 1967 c.9

39In paragraph (b) of section 45 of the General Rate Act 1967, for the words " section 28(1) of the National Health Service Act 1946 " substitute " paragraph 2 of Schedule 8 to the National Health Service Act 1977 ", and for the words " said section 28(1) " substitute " said paragraph 2 ".

The Superannuation (Miscellaneous Provisions) Act 1967 c.28

40In 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 ".

The Abortion Act 1967 c.87

41In section 6 of the Abortion Act 1967, for the words " National Health Service Acts 1946 to 1966" substitute " National Health Service Act 1977 ".

The Leasehold Reform Act 1967 c.88

42In 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

43In 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 ".

44In 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 ".

46In 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. "

47In 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

48In 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

49In section 131(5) of the Medicines Act 1968, for the words " National Health Service Acts 1946 to 1973 " substitute " National Health Service Act 1977 ".

50In 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 1973 " substitute " section 2 or 3 of the National Health Service Act 1977 ".

The Local Authority Social Services Act 1970 c.42

51In 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 "

The Vehicles (Excise) Act 1971 c.10

52In paragraph (b) of section 7(2) of the Vehicles (Excise) Act 1971, for the words " section 33(3) of the Health Services and Public Health Act 1968 " substitute " paragraph 2 of Schedule 2 to the National Health Service Act 1977 ".

The Tribunals and Inquiries Act 1971 c.62

53In Part I of Schedule 1 to the Tribunals and Inquiries Act 1971—

(a)in paragraph 17(a), for the words " section 5 of the National Health Service Reorganisation Act 1973 " substitute " section 10 of the National Health Service Act 1977 ";

(b)in paragraph 17(b), for the words " section 42 of the National Health Service Act 1946 (c.81)" substitute " section 46 of the National Health Service Act 1977 ";

(c)in paragraph 17(c), for the words "National Health Service Acts 1946 to 1973 " substitute " National Health Service Act 1977

The Finance Act 1971 c.68

54In section 7 of the Finance Act 1971, for the words " National Health Service Act 1946 and the Health Services and Public Health Act 1968 " substitute " National Health Service Act 1977 ".

55In paragraph 1(1) of Schedule 13 to the Finance Act 1971, for " National Health Service Act 1946 " substitute " National Health Service Act 1977 ".

The Road Traffic Act 1972 c.20

56In paragraph (a) of section 156(1) of the Road Traffic Act 1972 for the words " National Health Service Acts 1946 to 1973 " substitute " National Health Service Act 1977 ".

The Finance Act 1972 c.41

57In section 70 of the Finance Act 1972 for the words " section 33(3)of the Health Services and Public Health Act 1968 "substitute " paragraph 2 of Schedule 2 to the National Health Service Act 1977 ".

The National Health Service Reorganisation Act 1973 c.32

58In 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 ".

59In 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

60In paragraph (b) of section 29(5) of the Local Government Act 1974, for the words "that section (as applied by section 36 of the National Health Service Reorganisation Act 1973)" substitute " paragraph 16 of Schedule 13 to the National Health Service Act 1977 ".

61In section 33 of the Local Government Act 1974—

(a)in subsection (1), for the words " section 34 of the Act of 1973 " substitute " sections 109, 110, 113, 115 and 116 of the National Health Service Act 1977 ", and for the words " Part III of the Act of 1973 " substitute " Part V of the Act of 1977 ";

(b)in subsection (3), for the words "Part III of the Act of 1973 " in the two places where they occur substitute " Part V of the Act of 1977 ";

(c)in subsection (4), for the words "Part III of the Act of 1973 " substitute " Part V of the Act of 1977 ";

(d)in subsection (5), for the words " that section as applied by section 36 of the Act of 1973 " substitute " paragraph 16 of Schedule 13 to the Act of 1977 ";

(e)in subsection (6), for the words ' the " Act of 1973 " means the National Health Service Reorganisation Act 1973 ' substitute ' the " Act of 1977 " means the National Health Service Act 1977 '.

The Trade Union and Labour Relations Act 1974 c.52

62In paragraph (a) of section 30(2) of the Trade Union and Labour Relations Act 1974, for the words "section 33, section 38, section 40 or section 41 of the National Health Service Act 1946 " substitute " sections 29, 35, 38 or 41 of the National Health Service Act 1977 ".

The Social Security Act 1975 c.14

63In paragraph (a) of section 35(6) of the Social Security Act 1975, for the words " section 12 of the Health Services and Public Health Act 1968 " substitute " paragraph 2 of Schedule 8 to the National Health Service Act 1977 ".

64In paragraph (a) of section 37A(6) of the Social Security Act 1975, for the words "section 33 of the Health Services and Public Health Act 1968" substitute " paragraph (a) of section 5(2) and Schedule 2 of the National Health Service Act 1977 ".

The House of Commons Disqualification Act 1975 c.24

65In 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 ".

The Nursing Homes Act 1975 c.37

66In section 2(3) of the Nursing Homes Act 1975—

(a)in paragraph (a), for the words " National Health Service Act 1946 " substitute " National Health Service Act 1977 ";

(b)in paragraph (b), for the words "National Health Service Acts 1946 to 1973" substitute " National Health Service Act 1977 ";

(c)in paragraph (c), for the words " section 40(1) of the National Health Service Reorganisation Act 1973 " substitute " section 4 of the National Health Service Act 1977 ".

The Child Benefit Act 1975 c.61

67In paragraph (c) of section 3(3) of the Child Benefit Act 1975, for the words " section 12 of the Health Services and Public Health Act 1968 " substitute " paragraph 2 of Schedule 8 to the National Health Service Act 1977 ".

The Health Services Act 1976 c.83

68In section 2(1) of the Health Services Act 1976, for the words " Sections 3 to 5 below ", substitute " Section 3 below (and sections 68 to 71 of the National Health Service Act 1977) ".

69In section 13(2) of the Health Services Act 1976—

(a)in paragraph (a), for the words "National Health Service Acts " substitute " National Health Service Act 1977 "; and

(b)in paragraph (b) for the words " those Acts" substitute " that Act ".

70In section 14(5) of the Health Services Act 1976, for the words " National Health Service Acts " substitute " National Health Service Act 1977 ".

The Social Security (Miscellaneous Provisions) Act 1977 c.5

71In paragraph (a) of section 13(3) of the Social Security (Miscellaneous Provisions) Act 1977, for the words " section 33 of the Health Services and Public Health Act 1968 " substitute " paragraph (a) of section 5(2) and Schedule 2 of the National Health Service Act 1977 " and for the words " subsection (3) of that section" substitute " paragraph 2 of that Schedule ".

ORDER

The Health and Personal Social Services (Northern Ireland) Order 1972 S.I. 1972/1265 (N.I. 14)

72In 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 ".