Health Act 1999

Valid from 01/12/1999

5In section 8 (Health Authorities)—

(a)in subsection (2), for “act” there is substituted “ be established ”,

(b)in subsection (3)(a), for “act” there is substituted “ be established ”,

(c)in subsection (4), after paragraph (c) there is inserted—

“(d)change the name by which a Health Authority are known”,

(d)in subsection (5)—

(i)in paragraph (a), for “acting” there is substituted “ established ”,

(ii)in paragraph (b), for “act” there is substituted “ are established ”.

Valid from 04/01/2000

7In section 12 (supplementary provisions for sections 8 and 11), subsection (1) is omitted.

Valid from 04/01/2000

10After section 16B there is inserted—

“16C Advice for Health Authorities and Primary Care Trusts.

“16C(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.”

Valid from 04/01/2000

11In section 26 (supply of goods and services by Secretary of State)—

(a)in subsection (1)(b), after “by him” there is inserted “ or by a Primary Care Trust ” and for “or Special Health Authority” there is substituted “ Special Health Authority or Primary Care Trust ”,

(b)in subsection (3), for “or Special Health Authority” (in both places) there is substituted “ Special Health Authority or Primary Care Trust ”,

(c)in subsection (4)(b), for “or Special Health Authorities” there is substituted “ Special Health Authorities or Primary Care Trusts ”.

Valid from 04/01/2000

13In section 28 (supply of goods and services by local authorities)—

(a)in subsection (1), for “and any Special Health Authority” there is substituted “ Special Health Authority or Primary Care Trust ”,

(b)in subsection (3), after “Special Health Authorities” (in both places) there is inserted “ Primary Care Trusts ”.

Valid from 04/01/2000

16In section 28D (persons who may provide personal medical or personal dental services)—

(a)in subsection (1), after paragraph (e) there is inserted—

“(f)a Primary Care Trust”,

(b)in subsection (2), in paragraph (a) of the definition of “qualifying body”, for “paragraphs (a) to (d)” there is substituted “ paragraph (a), (b), (c), (d) or (f) ”.

Prospective

[F117In section 29A(3)(b) of the 1977 Act (medical lists), for the words from first “disqualified” to “46” there is substituted “ disqualified for inclusion in the list by, or by virtue of a direction of, the NHS Tribunal ”.]

17In section 29A(3)(b) of the 1977 Act (medical lists), for the words from first “disqualified” to “46” there is substituted “ disqualified for inclusion in the list by, or by virtue of a direction of, the NHS Tribunal ”.

Prospective

18In section 48 (disqualification provisions in Scotland or Northern Ireland)—

(a)in paragraph (a), for the words from “services” to “above” there is substituted “ any of the services mentioned in any of the paragraphs of section 46(8) above ”,

(b)in paragraph (b), at the beginning there is inserted “in relation to the services in question” and for the words from “a list” to the end there is substituted “ any list and (if also the subject of a declaration under those provisions corresponding to a declaration of unfitness) be treated as if a declaration of unfitness had been made in respect of him. ”

(2)Where under the conditional disqualification provisions in Scotland or Northern Ireland—

(a)any conditions are imposed in relation to the provision by any person of any services mentioned in section 46(8) above, or

(b)any conditions so imposed are varied,

the Secretary of State may, by a notice in writing given to each Health Authority and to the person in question, impose those conditions in relation to the provision by that person of those services under this Part of this Act.

(3)A notice under subsection (2) above may make such modifications of the conditions as the Secretary of State considers necessary for them to have the like effect in relation to England and Wales as they have in relation to Scotland or (as the case may be) Northern Ireland, but only if the Secretary of State has previously given the person concerned written notice of the proposed modifications and an opportunity (in accordance with such requirements, if any, as may be prescribed) to make representations about them.

(4)Conditions imposed by a notice under subsection (2) above shall cease to have effect if the Secretary of State withdraws the notice by giving written notice to the person concerned.

(5)In this section, “the conditional disqualification provisions in Scotland or Northern Ireland” means any provisions in force in Scotland or Northern Ireland corresponding to sections 46C and (so far as relating to conditional disqualifications) 47 above

Prospective

19In section 49 (regulations as to sections 46 to 48)—

(a)in paragraph (c), after “disqualifications” there is inserted “ or conditions ”,

(b)at the end of that section there is inserted—

“(2)Regulations under subsection (1)(a) above may in particular provide that, where (apart from the regulations) it would be the duty of the Tribunal to inquire into both an efficiency case and a fraud case in respect of the same person, they may inquire into one case before inquiring into the other and, after proceedings in the first case are finally disposed of, may if they think it appropriate adjourn the other case indefinitely.”

Prospective

20In section 49A (application for interim suspension)—

(a)after subsection (1) there is inserted—

“(1A)A Health Authority may, if they have requested a review of a conditional disqualification on the ground mentioned in section 47(3)(b) or (c) above, at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the review relates.”,

(b)in subsection (2), for the words from “it” to “patients” there is substituted “ either of the conditions for doing so is satisfied ” and after “in question” there is inserted “ or the case to which the review in question, ”,

(c)after that subsection there is inserted—

“(2A)The conditions for giving such a direction are—

(a)that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part of this Act to which the case in question, or the case to which the review in question, relates,

(b)in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that—

(i)an act or omission within section 46(7)(a) above will occur, or

(ii)the investigation of the case or the review will be prejudiced.”,

(d)in subsection (3)(c), for the words from “under” to “engaged in” there is substituted “ of unfitness in relation to ”,

(e)in subsection (4), after “case” there is inserted “ or review ”,

(f)subsection (5) is omitted,

(g)in subsection (6)(a), “prepared under this Part of this Act” is omitted.

Prospective

21In section 49B (continuation of suspension pending appeal)—

(a)for subsection (1) and the preceding sidenote there is substituted—

“49B Suspension pending appeal.

“49B(1)Where, on disposing of a case under section 46B above, the Tribunal make a national disqualification, they may, if they consider that either of the conditions mentioned in section 49A(2A) above is satisfied, direct that section 49A(3) above shall apply or, if a direction has been given under section 49A(2) above, shall continue to apply to him as respects services of the kind to which the disqualification relates.”,

(b)in subsection (2), in paragraph (a), for “direction under section 46(2)(b) above” there is substituted “ national disqualification ” and, in paragraph (b), for “that direction” there is substituted “ the disqualification ”,

(c)in subsection (3), for the words from “direction” to “section 46(2)(c) above” there is substituted “ disqualification which is not coupled with a declaration of unfitness ”,

(d)subsection (4) is omitted.

Prospective

22In section 49D (suspension provisions in Scotland or Northern Ireland), for “46(1)” there is substituted “ 46(8) ”.

Valid from 04/01/2000

23In section 51 (university clinical teaching and research)—

(a)in subsection (2), for “or Special Health Authority” in both places there is substituted “ Special Health Authority or Primary Care Trust ”,

(b)in subsection (3), after “Special Health Authorities” there is inserted—

“(bb)Primary Care Trusts”.

Valid from 04/01/2000

25In section 85 (default powers), after subsection (1)(b) there is inserted—

“(bb)a Primary Care Trust”.

Valid from 04/01/2000

28In section 92 (further transfers of trust property)—

(a)in subsection (1A), after “NHS trust” (in both places) there is inserted “ or a Primary Care Trust ”,

(b)after subsection (6) there is inserted—

“(7)Subsection (6) above applies in relation to a Primary Care Trust as it applies in relation to an NHS trust.”

Valid from 04/01/2000

29In section 96 (trusts: supplementary provisions), after “90 to 95 above” (in both places) there is inserted “ and 96B below ”.

Valid from 01/04/2000

33(1)Section 98 (accounts and audit) is amended as follows.U.K.

(2)In subsection (1)—

(a)after paragraph (b) there is inserted—

“(bb)every Primary Care Trust”,

(b)in paragraph (dd), after “1990” there is inserted—

“(ddd)any trustees for a Primary Care Trust appointed in pursuance of section 96B above”.

(3)Before subsection (2A) there is inserted—

“(2AA)Every Primary Care Trust shall send a copy of any accounts it has prepared under subsection (2) above to the Health Authority within whose area the trust’s area falls.”

Valid from 01/04/2000

35In section 103 (special arrangements as to payment of remuneration), in subsection (3)(a), after “trust” there is inserted “ or a Primary Care Trust ”.

Valid from 04/01/2000

40In Schedule 7 (Community Health Councils), in paragraph 2 (regulations)—

(a)in sub-paragraphs (d) and (e), after “Health Authorities” there is inserted “ Primary Care Trusts ”,

(b)in sub-paragraphs (f) and (g), after “Health Authorities” there is inserted “ and Primary Care Trusts ”.

Prospective

41In Schedule 9 (NHS Tribunal), in paragraph 5A—

(a)in sub-paragraph (2)(a), for “section 46” there is substituted “ sections 46 to 46C ”,

(b)in sub-paragraph (2)(b), after “disqualification” there is inserted “ conditional disqualification or declaration of unfitness ”,

(c)in sub-paragraph (2)(d), for the words from “the application” to the end there is substituted “ section 49A(3) may be made to apply or continue to apply ”.