National Health Service Reform and Health Care Professions Act 2002

Section 6(2)

SCHEDULE 5Amendments relating to Local Health Boards

The Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph 1(gg) there is inserted—

“(gh)Local Health Boards;”.

The Health Services and Public Health Act 1968 (c. 46)

2(1)Section 63 of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc) is amended as follows.

(2)In subsection (1)(a), for “or Primary Care Trust” there is substituted “, Primary Care Trust or Local Health Board”.

(3)In subsection (5A), for “or Primary Care Trust”, in both places, there is substituted “, Primary Care Trust or Local Health Board”.

(4)In subsection (5B), the “and” at the end of paragraph (bb) is omitted, and after that paragraph there is inserted—

“(bbb)Local Health Boards; and”.

The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

3In section 3 of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—

(a)for “1978 and” there is substituted “1978,”, and

(b)after “1977” there is inserted “and a Local Health Board established under section 16BA of that Act”.

The 1977 Act

4The 1977 Act is amended as follows.

5In section 16 (exercise of functions), in subsection (2)(c), after “Trusts” there is inserted “, Local Health Boards”.

6In section 16B (exercise of functions by Primary Care Trusts), in subsection (2)(c), after “NHS trusts” there is inserted “, Local Health Boards”.

7In section 16C (advice for Health Authorities and Primary Care Trusts), in subsection (2), after “Primary Care Trusts” there is inserted “and Local Health Boards”.

8In section 22 (co-operation between health authorities and local authorities), in subsection (1A), the “or” at the end of paragraph (c) is omitted and after that paragraph there is inserted—

“(cc)a Local Health Board; or”.

9In section 23 (voluntary organisations and other bodies), in subsection (2), for “or Primary Care Trust” there is substituted “, Primary Care Trust or Local Health Board”.

10In section 26 (supply of goods and services by Secretary of State), in subsection (1)(b), for “or Primary Care Trust” there is substituted “, Primary Care Trust or Local Health Board”.

11In section 27 (conditions of supply under section 26)—

(a)in subsection (1), for “or Primary Care Trust”, in both places, there is substituted “, Primary Care Trust or Local Health Board”, and

(b)in subsection (3), for “and Primary Care Trusts” there is substituted “, Primary Care Trusts and Local Health Boards”.

12In section 28 (supply of goods and services by local authorities)—

(a)in subsection (1), for “or Primary Care Trust” there is substituted “, Primary Care Trust or Local Health Board”, and

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

13In section 28A (power to make payments towards expenditure on community services)—

(a)in subsection (1)—

(i)the “and” at the end of paragraph (a) is omitted, and

(ii)at the end of paragraph (b) there is inserted “; and”, and after that paragraph there is inserted—

“(c)a Local Health Board.”, and

(b)in subsection (2B), after “Primary Care Trust” there is inserted “, Local Health Board”.

14In section 28BB (power of local authorities to make payments to NHS bodies), in subsection (2), in the definition of “relevant NHS body”, after “Primary Care Trust” there is inserted “or Local Health Board”.

15In section 51 (university clinical teaching and research)—

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

(b)in subsection (3), the “and” at the end of paragraph (bb) is omitted and after that paragraph there is inserted—

“(bbb)Local Health Boards; and”.

16In section 84A (intervention orders), in subsection (2), after paragraph (d) there is inserted—

“(e)Local Health Boards.”

17In section 84B (intervention orders: effect), in subsection (1), in each of paragraphs (a) and (b), for “or Primary Care Trust” there is substituted “, Primary Care Trust or Local Health Board”.

18In section 85 (Secretary of State’s default powers), in subsection (1), after paragraph (bb) there is inserted—

“(bbb)a Local Health Board;”.

19In section 92 (further transfers of trust property), in subsection (1A), after paragraph (c) there is inserted—

“(cc)a Local Health Board;”.

20In section 96A (power of health authorities etc to raise money), in each of subsections (1), (3), (4), (7), (8) and (9), after “Special Health Authority”, in each place where it occurs, there is inserted “, Local Health Board”.

21In section 98 (accounts and audit), in subsection (1), after paragraph (bb) there is inserted—

“(bbb)every Local Health Board;”.

22In section 99 (regulation of financial arrangements), in subsection (1), after paragraph (ba) there is inserted—

“(bb)Local Health Boards;”.

23In section 125 (protection of members and officers of authorities), the “and” at the end of paragraph (bb) is omitted and after that paragraph there is inserted—

“(bbb)a Local Health Board; and”.

24In paragraph 2 of Schedule 7 (which makes additional provision in relation to Community Health Councils)—

(a)in sub-paragraphs (d) and (e), after “Primary Care Trusts”, in each place where it occurs, there is inserted “, Local Health Boards”, and

(b)in sub-paragraphs (f) and (g), for “and Primary Care Trusts” there is substituted “, Primary Care Trusts and Local Health Boards”.

The Acquisition of Land Act 1981 (c. 67)

25In section 16 of the Acquisition of Land Act 1981 (statutory undertakers' land excluded from compulsory purchase), in subsection (3), the “and” at the end of paragraph (b) is omitted, and at the end of paragraph (c) there is inserted “and

(d)a Local Health Board established under section 16BA of that Act;”.

The Hospital Complaints Procedure Act 1985 (c. 42)

26In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1B), after “Trust”, where it first occurs, there is inserted “and Local Health Board”, and in the second place where it occurs there is inserted “or Local Health Board”.

The Income and Corporation Taxes Act 1988 (c. 1)

27In section 519A of the Income and Corporation Taxes Act 1988 (health service bodies), in subsection (2), after paragraph (ab) there is inserted—

“(aba)a Local Health Board;”.

The Housing Act 1988 (c. 50)

28In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), in the second paragraph of Ground 16, after “1990,” there is inserted “or by a Local Health Board,”.

The Road Traffic Act 1988 (c. 52)

29In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)(da), after “1977” there is inserted “, by a Local Health Board established under section 16BA of that Act”.

The National Health Service and Community Care Act 1990 (c. 19)

30The National Health Service and Community Care Act 1990 is amended as follows.

31In section 4 (NHS contracts), in subsection (2), after paragraph (bb) there is inserted—

“(bbb)a Local Health Board;”.

32In section 8 (transfer of property, rights and liabilities to NHS trust)—

(a)in subsections (1), (2), (3) and (5), for “or Primary Care Trust” there is substituted “, Primary Care Trust or Local Health Board”, and

(b)in subsection (6)—

(i)in paragraph (a), after “Health Authority” there is inserted “, Local Health Board”, and

(ii)for “or Primary Care Trust” there is substituted “, Primary Care Trust or Local Health Board”.

33In section 21 (schemes for meeting losses and liabilities of certain health service bodies), in subsection (2), after paragraph (aaa) there is inserted—

“(aab)Local Health Boards;”.

34In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Health Authority” there is inserted “, Local Health Board”.

35In section 61 (health service bodies: taxation), in subsection (3), after “Primary Care Trust” there is inserted “or Local Health Board”.

36(1)Schedule 2 (National Health Service trusts) is amended as provided in this paragraph.

(2)In paragraph 4, for “or Primary Care Trust”, in both places, there is substituted “, Primary Care Trust or Local Health Board”.

(3)In paragraph 13, after “Primary Care Trust” there is inserted “or Local Health Board”.

(4)In paragraph 30(1), after paragraph (bbb) there is inserted—

“(bbc)a Local Health Board, or”.

The Welsh Language Act 1993 (c. 38)

37In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in subsection (1), after paragraph (f) there is inserted—

“(ff)a Local Health Board established under section 16BA of the National Health Service Act 1977;”.

The Health Service Commissioners Act 1993 (c. 46)

38In the Health Service Commissioners Act 1993, in section 2 (bodies subject to investigation), in subsection (2), for paragraph (aa) there is substituted—

“(aa)Local Health Boards,”.

The Vehicle Excise and Registration Act 1994 (c. 22)

39In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles), in paragraph 7, at the end of sub-paragraph (d) there is inserted “or

(e)a Local Health Board established under section 16BA of that Act.”

The Value Added Tax Act 1994 (c. 23)

40In section 41 of the Value Added Tax Act 1994 (application to Crown), in subsection (7), after “Primary Care Trust” there is inserted “and a Local Health Board”.

The Data Protection Act 1998 (c. 29)

41In section 69 of the Data Protection Act 1998 (meaning of “health professional”), in subsection (3), after paragraph (bb) there is inserted—

“(bbb)a Local Health Board established under section 16BA of that Act,”.

The Government of Wales Act 1998 (c. 38)

42(1)The Government of Wales Act 1998 is amended as provided in this paragraph.

(2)In Schedule 5 (bodies and offices covered by section 74), after paragraph 25 there is inserted—

“25AA Local Health Board.”

(3)In Schedule 17 (audit etc of Welsh public bodies), after paragraph 12 there is inserted—

“12AA Local Health Board.”

The 1999 Act

43The 1999 Act is amended as follows.

44In section 20 (functions of the Commission for Health Improvement), after subsection (7) there is inserted—

“(8)If a Local Health Board has responsibility for any health care—

(a)paragraphs (a), (b) and (c) of subsection (1) are to be read as if they included a reference to that Local Health Board as well as to the bodies which are mentioned there, and

(b)the definition of “NHS body” in subsection (7) is to be read as if it included a reference to that Local Health Board.”

45In section 31 (arrangements between NHS bodies and local authorities), in subsection (8), in the definition of “NHS body”, after “Primary Care Trust” there is inserted “, Local Health Board”.

The Care Standards Act 2000 (c. 14)

46In section 121 of the Care Standards Act 2000 (general interpretation), in subsection (1), in the definition of “National Health Service body”, for “or a Primary Care Trust” there is substituted “, a Primary Care Trust or a Local Health Board”.

The Learning and Skills Act 2000 (c. 21)

47In section 138 of the Learning and Skills Act 2000 (Wales: provision of information by public bodies), in subsection (3), after paragraph (b) there is inserted—

“(ba)a Local Health Board,”.

The Freedom of Information Act 2000 (c. 36)

48In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 39 there is inserted—

“39AA Local Health Board established under section 16BA of the National Health Service Act 1977.”

The Health and Social Care Act 2001 (c. 15)

49The Health and Social Care Act 2001 is amended as follows.

50In section 7 (functions of overview and scrutiny committees), in subsection (4), after “Primary Care Trust” there is inserted “, Local Health Board”.

51In section 46 (directed partnership arrangements), in subsection (5), in the definition of “NHS body”, after “Primary Care Trust” there is inserted “, Local Health Board”.