National Health Service (Consequential Provisions) Act 2006
1Meaning of “the consolidating Acts”
2Consequential amendments
3National Assembly for Wales (Transfer of Functions Order) 1999
4Transitional and saving provision
5Transitory modifications
6Repeals and revocations
7Extent and application
8Short title and commencement
SCHEDULES
SCHEDULE 1Consequential amendments
1Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
2In section 1— (a) in the definition of “NHS trust”...
3Polish Resettlement Act 1947 (c. 19)
4In section 4(1), for “the National Health Service Act 1977”...
5National Assistance Act 1948 (c. 29)
6In section 21(8), for “the National Health Service Act 1977”...
7In section 24(7)— (a) for “Part 1 of the National...
8In section 29(6)(b), for “the National Health Service Act 1977”...
9In section 47(8), for “the National Health Service Act 1977”...
10Law Reform (Personal Injuries) Act 1948 (c. 41)
11In section 2(4), for “the National Health Service Act 1977”...
12Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
13In Part 1 of Schedule 2— (a) in paragraph 15,...
14Landlord and Tenant Act 1954 (c. 56)
15In section 57(6), for “the National Health Service Act 1977”...
16Pharmacy Act 1954 (c. 61)
17In section 13I, for subsection (1)(e) substitute—
18Disabled Persons (Employment) Act 1958 (c. 33)
19In section 3(2), for “paragraph 2 of Schedule 8 to...
20Public Records Act 1958 (c. 51)
21In paragraph 3(2) of Schedule 1, in Part 1 of...
22Mental Health Act 1959 (c. 72)
23In section 8— (a) in subsection (2), for “Schedule 8...
24In section 142(2), for the words from the beginning to...
25In section 154(2), for the words from the beginning to...
26Public Bodies (Admission to Meetings) Act 1960 (c. 67)
27In paragraph 1(l) of the Schedule, for “section 5(1) of...
28Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)
29In section 7— (a) in subsection (1)(a)(i), for “the National...
30Abortion Act 1967 (c. 87)
31Leasehold Reform Act 1967 (c. 88)
32In section 28(6)(c), for “the National Health Service Act 1977”...
33Health Services and Public Health Act 1968 (c. 46)
34In section 45(4)(b), for “the National Health Service Act 1977”...
35In section 59(2), for “Part II of the National Health...
36In section 59(2B)— (a) in paragraph (a), for “section 28...
37In section 59(2C), for “Part 1 of the 1977 Act”...
38In section 63— (a) in subsection (2)(aa), for “Part 1...
39In section 64(3)— (a) in paragraph (a), in the second...
40In section 65(3)(b), in the second sub-paragraph (xix), for “the...
41Social Work (Scotland) Act 1968 (c. 49)
42In section 86(3)— (a) for “sections 2 and 3 of...
43Medicines Act 1968 (c. 67)
44In section 131(5), for “the National Health Service Act 1977”...
45In section 132(1), in the definition of “health centre” for...
46Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
47In section 3(2)(a)— (a) for “Part I of that Act”...
48Finance Act 1971 (c. 68)
49In paragraph 1(1) of Schedule 13, for “National Health Service...
50Local Government Act 1972 (c. 70)
51In section 113(4)— (a) for “Part 1 of the National...
52House of Commons Disqualification Act 1975 (c. 24)
53In Schedule 1, in Part 2, in the entry relating...
54In Schedule 1, in Part 3— (a) in the entry...
55Race Relations Act 1976 (c. 74)
56In Part 1 of Schedule 1A— (a) in paragraph 5—...
57Patents Act 1977 (c. 37)
58In section 56(4)— (a) in paragraph (ai), for “Part 1...
59Acquisition of Land Act 1981 (c. 67)
60In section 16(3)— (a) in paragraph (b), for “Part I...
61In section 17(4), in the definition of “statutory undertakers”—
62Mental Health Act 1983 (c. 20)
63In section 12(3), for the words from “section 18A(4)” to...
64In section 19(3), for the words from “National Health Service...
65In section 23(5)(a), for “the National Health Service Act 1977”...
66In section 121— (a) in subsection (1), for “section 126(3)...
67In section 122(2)— (a) for “National Health Service Act 1977”...
68In section 134(3A), for “section 19A of the National Health...
69In section 139(4), for “the National Health Service and Community...
70In section 145(1)— (a) omit the definition of “Health Authority”,...
71Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
72In section 17(2)(c) for “Schedule 8 to the National Health...
73National Audit Act 1983 (c. 44)
74In section 6(3)(aa), for “section 98 of the National Health...
75Medical Act 1983 (c. 54)
76In section 11(4), in paragraph (za) of the definition of...
77In section 12— (a) in subsection (1), for “sections 2...
78Public Health (Control of Disease) Act 1984 (c. 22)
79In section 74, in the definition of “NHS trust”, for...
80Dentists Act 1984 (c. 24)
81In section 40(2)(aa), for the words from “under section 28C”...
82In section 53(3)(a), for “section 2, 3, 5(1)(a) or 28C...
83Video Recordings Act 1984 (c. 39)
84In section 3(10)(b)(i), for “the National Health Service Act 1977”...
85Greater London Council (General Powers) Act 1984 (c. xxvii)
86In section 10(2)(b), for “section 128 of the National Health...
87Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
88In section 2— (a) in subsection (5)(a), for the words...
89In section 7— (a) in subsection (3), for “the 1977...
90In section 16(1)— (a) omit the definition of “the 1977...
91Company Directors Disqualification Act 1986 (c. 46)
92In section 22C(3), for “Part 1 of the Health and...
93National Health Service (Amendment) Act 1986 (c. 66)
94In section 4— (a) in subsection (1), for “section 43A(1)...
95In section 8(2), omit the definition of “the 1977 Act”....
96AIDS (Control) Act 1987 (c. 33)
97In section 1(9)— (a) for “section 8 of the National...
98In section 1(10) of that Act, for “Part 1 of...
99Income and Corporation Taxes Act 1988 (c. 1)
100In section 519A(2)— (a) in paragraph (a)—
101In section 519A(8), for “section 14(1) of the Health and...
102Local Government Act 1988 (c. 9)
103In section 25(2)(c), for “section 28A(9)(b) of the National Health...
104Dartford-Thurrock Crossing Act 1988 (c. 20)
105In section 19(b), for the words from “a Strategic Health...
106Community Health Councils (Access to Information) Act 1988 (c. 24)
107In section 1(1), for “continued in existence by or established...
108In section 2(1)(c), for “National Health Service Act 1977” substitute...
109Local Government Finance Act 1988 (c. 41)
110In paragraph 16(3) of Schedule 5, for “section 128(1) of...
111Copyright, Designs and Patents Act 1988 (c. 48)
112In section 48(6)— (a) for “section 16A of the National...
113In section 240(4)— (a) in paragraph (za) for “Part 1...
114In Schedule 6— (a) in paragraph 1(1), in the definition...
115Health and Medicines Act 1988 (c. 49)
116In section 7— (a) in subsection (1), for “the National...
117In section 11(7)— (a) omit “Section 79(1) of the National...
118In section 11(8), omit “paragraph 2(4)(a) of Schedule 12 to...
119In section 17— (a) in subsection (1), for “section 38,...
120In section 18, for “the National Health Service Act 1977”...
121Road Traffic Act 1988 (c. 52)
122In section 144(2)— (a) in paragraph (da)—
123In section 161(1), in paragraph (a) of the definition of...
124Children Act 1989 (c. 41)
125In section 105— (a) omit the definition of “Health Authority”,...
126Opticians Act 1989 (c. 44)
127In section 27(4)(b), for sub-paragraph (i) substitute—
128National Health Service and Community Care Act 1990 (c. 19)
129In section 46(3), in the definition of “community care services”,...
130In section 47(3), for “National Health Service Act 1977” substitute...
131In section 60— (a) in subsection (1)(a), for “National Health...
132In section 61(3), for “Part 1 of the National Health...
133In section 61A(1)(b), for “Part 1 of this Act” substitute...
134Access to Health Records Act 1990 (c. 23)
135In section 1(2)(aa) for “section 28C of that Act” substitute...
136In section 11— (a) in the definition of “general medical...
137Water Industry Act 1991 (c. 56)
138In section 87(3)(a)(i), for “section 8 of the National Health...
139In Schedule 4A— (a) in paragraph 7, for “Part 1...
140London Local Authorities Act 1991 (c. xiii)
141In section 4, in paragraph (d) of the definition of...
142Social Security Contributions and Benefits Act 1992 (c. 4)
143In section 67(2)(a), for sub-paragraph (ii) substitute—
144In section 72(8)(a), for “or paragraph 2 of Schedule 8...
145In section 73(13)(a), for “the Secretary of State under section...
146In section 143(3)(c), for sub-paragraph (i) substitute—
147In section 163(6)— (a) for “Part 1 of the National...
148In section 171(3)— (a) for “Part 1 of the National...
149In section 171ZJ(9)— (a) in paragraph (a)—
150In section 171ZS(9)— (a) in paragraph (a)—
151Local Government Finance Act 1992 (c. 14)
152In paragraph 6(2)(a) of Schedule 1, for “National Health Service...
153Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
154In section 279(1)— (a) in paragraph (a)—
155In section 279(2)— (a) in paragraph (a), for “section 28C...
156Tribunals and Inquiries Act 1992 (c. 53)
157In Part 1 of Schedule 1, in the entry relating...
158Judicial Pensions and Retirement Act 1993 (c. 8)
159In Schedule 5, omit the entry for the Chairman of...
160Charities Act 1993 (c. 10)
161In section 43A(7), in the definition of “English National Health...
162In section 43B(4), in the definition of “Welsh National Health...
163Welsh Language Act 1993 (c. 38)
164In section 6(1)— (a) in paragraph (f)—
165Health Service Commissioners Act 1993 (c. 46)
166In section 2A(1)— (a) in paragraph (a), for “section 28K...
167In section 6(5), for “38, 39, 41 or 42 of...
168In section 7— (a) in subsection (1), for “the National...
169Vehicle Excise and Registration Act 1994 (c. 22)
170In paragraph 7 of Schedule 2— (a) in sub-paragraph (b),...
171In paragraph 8 of that Schedule— (a) after “Secretary of...
172In paragraph 19(2)(c) of that Schedule, for paragraph (i) substitute—...
173Value Added Tax Act 1994 (c. 23)
174In Part 2 of Schedule 8, in Note (5H) to...
175Health Authorities Act 1995 (c. 17)
176In Schedule 2— (a) in paragraph 2(4), after “section 21...
177Employment Rights Act 1996 (c. 18)
178In section 43K(1)— (a) in paragraph (ba), for “or Local...
179In section 50(8)— (a) in paragraph (a), for “Part I...
180In section 218(10)— (a) in paragraph (a)—
181Education Act 1996 (c. 56)
182In section 322(3)(a), for “National Health Service Act 1977” substitute...
183In section 403(2), for “section 22 of the National Health...
184In section 520(1), for the words from “section 5(1)” to...
185In section 579, in paragraph (c) of the definition of...
186Audit Commission Act 1998 (c. 18)
187In section 33(8)(c), for “the National Health Service Act 1977”...
188In section 49(1)(c), for “the National Health Service Act 1977”...
189In section 53(1), in the definition of “the health service”...
190Data Protection Act 1998 (c. 29)
191In section 69(3)— (a) in paragraph (a), for “or a...
192Government of Wales Act 1998 (c. 38)
193In Schedule 17— (a) in paragraph 13, for “section 11...
194Health Act 1999 (c. 8)
195In section 16(5), in the definition of “initial loan”, for...
196In section 61(2), for “the 1977 Act” substitute “the National...
197In section 62(4), for “(4) and (5) of section 126...
198Care Standards Act 2000 (c. 14)
199In section 2(4) and (5), for “National Health Service Act...
200In section 121, in the definition of “health service hospital”...
201Learning and Skills Act 2000 (c. 21)
202In section 121, in the definition of “Strategic Health Authority”...
203In section 129, omit the definition of “Health Authority”.
204Local Government Act 2000 (c. 22)
205In section 21(2)(f) for the words from “section 7” to...
206In subsection (3) of section 32, for the words from...
207Regulation of Investigatory Powers Act 2000 (c. 23)
208In section 4— (a) in subsection (5), for “section 17...
209In Schedule 1— (a) in paragraph 26, for “section 11...
210Freedom of Information Act 2000 (c. 36)
211In Part 3 of Schedule 1— (a) in paragraph 36A,...
212Criminal Justice and Court Services Act 2000 (c. 43)
213In section 42(1), in paragraph (a) of the definition of...
214Health and Social Care Act 2001 (c. 15)
215In section 14(4), for “1977 Act” substitute “National Health Service...
216In section 39— (a) in subsection (1), for “section 128(1)...
217In section 66, omit the definitions of “the 1977 Act”...
218In section 68(4), for “Neither of subsections (1) and (3)...
219Anti-terrorism, Crime and Security Act 2001 (c. 24)
220Omit paragraphs 16 and 45.
221In paragraph 53A, for “Schedule 5 to the Health and...
222At the end, add— Paragraph 5 of Schedule 22 to the National Health Service...
223International Development Act 2002 (c. 1)
224In Schedule 1, in the entry relating to a National...
225National Health Service Reform and Health Care Professions Act 2002 (c. 17)
226In section 22(6)(b), for “a Health Authority established for an...
227Nationality, Immigration and Asylum Act 2002 (c. 41)
228In section 133(4)— (a) in paragraph (a)(i), for “section 16A...
229In paragraph 1(1) of Schedule 3, for paragraph (e) substitute—...
230Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
231In section 12, in the definition of “health service hospital”...
232Finance Act 2003 (c. 14)
233In section 61(3), in the entry headed “Health: England and...
234In section 66(4), in the entry headed “Health: England and...
235Licensing Act 2003 (c. 17)
236In section 16(3), in the definition of “health service body”—...
237Sexual Offences Act 2003 (c. 42)
238In section 22(5), in paragraph (a) of the definition of...
239Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
240In section 33(2), for “the 1990 Act” substitute “the National...
241In section 45(3), for “section 128(1) of the 1977 Act”...
242In section 113(1)(c), for “section 31 of the Health Act...
243In section 114(1)(c), for “section 31 of the Health Act...
244In section 122(1), for “section 31 of the Health Act...
245In section 124(6), in the definition of “Northern Irish health...
246In section 148, in the definition of “NHS trust”, for...
247In section 150(7)— (a) for paragraph (a) substitute—
248In section 160(4)— (a) in paragraph (a)(i) of the definition...
249In section 162(6), in paragraph (a)(i) of the definition of...
250In section 165— (a) in subsection (3)(b)(ii), for “section 5...
251In section 168— (a) in the definition of “health service...
252In section 194, for the definition of “the 1977 Act”...
253Criminal Justice Act 2003 (c. 44)
254In section 325(9), in the definition of “NHS trust” for...
255Finance Act 2004 (c. 12)
256In section 59(5), in paragraph (a) of the definition of...
257Health Protection Agency Act 2004 (c. 17)
258In section 4(5)— (a) for paragraph (a) substitute—
259In paragraph 2(2) of Schedule 1— (a) for “the National...
260Public Audit (Wales) Act 2004 (c. 23)
261In section 60— (a) in paragraph (c), for “section 11...
262Domestic Violence, Crime and Victims Act 2004 (c. 28)
263In section 9(4)(a)— (a) for “section 8 of the National...
264Children Act 2004 (c. 31)
265In section 12(4)(e), for “Part 1 of the National Health...
266In section 18(2)(e)— (a) for “section 31 of the Health...
267In section 29(4)(e), for “Part 1 of the National Health...
268Housing Act 2004 (c. 34)
269In paragraph 2(1)(f) of Schedule 14, for “section 4 of...
270Civil Contingencies Act 2004 (c. 36)
271In Schedule 1— (a) in paragraph 5, for “section 5...
272Constitutional Reform Act 2005 (c. 4)
273In Schedule 7, in Part A of paragraph 4, at...
274In Schedule 14, in Part 3, in the entry relating...
275Income Tax (Trading and Other Income) Act 2005 (c. 5)
276In section 780(2)(a), for “paragraph 2 of Schedule 2 to...
277Mental Capacity Act 2005 (c. 9)
278In section 38(7)(a), for “section 128 of the National Health...
279Public Services Ombudsman (Wales) Act 2005 (c. 10)
280In section 41— (a) in the definition of “family health...
281Health Act 2006 (c. 28)
282In section 25(1)— (a) in the definition of “health care...
283In section 43— (a) in subsection (1), for “1977 Act”...
284In section 58(2)(c), for “section 95 of the 1977 Act”...
285For section 70(3) substitute— (3) Section 272(7) and (8) of...
286In section 71, in the definition of “NHS trust”, for...
287In section 72, in subsection (2) of section 67A of...
288In section 75(5), in the definition of “relevant directions”, after...
289In section 78(2), for “sections 21(2)(b) and 52(5)(b)” substitute “section...
290In section 82(1)— (a) omit the definition of “the 1977...
291In paragraph 30(b) of Schedule 8, for “section 28WA of...
292In paragraph 33(a) of that Schedule, for ““or 28Q” substitute...
293Omit paragraph 34 of that Schedule.
294In paragraph 37 of that Schedule, for “28WA” substitute “117”....
295In paragraph 40 of that Schedule, for ““subsection (2), or...
296In paragraph 41 of that Schedule, for “English NHS body...
297In paragraph 42(3) of that Schedule, for “4(1) of Schedule...
298In paragraph 43 of that Schedule, for “paragraph 3 or...
299In paragraph 44 of that Schedule— (a) in sub-paragraph (2),...
300In paragraph 45(2)(b) of that Schedule, for ““or 28Q” substitute...
301In paragraph 62 of that Schedule, for “4(2) of Schedule...
302Government of Wales Act 2006 (c. 32)
303In section 148(2)(g), for “National Health Service Act 1977” substitute...
304In Schedule 11, in paragraph 35(4), in Table 2, omit—...
305Commissioner for Older People (Wales) Act 2006 (c. 30)
306In section 27(1)— (a) in the definition of “family health...
307NHS Redress Act 2006 (c. 44)
308In section 1(6)— (a) in paragraph (d)—
309In section 1(7), for “Part 1 of the National Health...
310In section 1(11), for “the National Health Service Act 1977”...
311In section 11(3), for “Section 11(1) of the National Health...
312In section 18(1), in the definitions of “health service”, “illness”...
SCHEDULE 2Transitional and saving provision
Part 1General provisions
1Continuity of the law
2Effect of old transitional provisions and savings
3(1) The repeal by this Act of an enactment previously...
4Use of existing forms etc
5Pre-commencement offences
6Interpretation
Part 2Particular savings
7Section 6(6) of the Health Authorities Act 1995 (c. 17)
8Article 2(c) of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)
9Definitions
10In sections 80, 211 and 217 of the National Health...
11(1) The definition of “local authority” in section 275 of...
12Powers to make regulations exercisable jointly with the Treasury
13Article 4 of the National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407)
14Former functions of Health Authorities ceasing to be exercisable by Local Health Boards
15If this paragraph applies— (a) section 50 of the National...
16Provision made by virtue of the Local Health Boards (Functions) (Wales) Regulations 2003 (S.I. 2003/150 (W.20))
17“Relevant Assembly functions” under paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32)
18References to the National Assembly for Wales in the National Health Service (Wales) Act 2006
19Section 13(3), (4) and (10) of the Health Act 1999 (c. 8)
SCHEDULE 3Transitory modifications
Part 1Transitory modifications relating to primary ophthalmic services
1(1) “The law relating to primary ophthalmic services” means sections...
Part 2Other transitory modifications
2Section 11 of the National Health Service Act 2006 (c. 41), and section 9 of the National Health Service (Wales) Act 2006 (c. 42)
3(1) This paragraph applies if sub-paragraph (c) of paragraph 5...
4Sections 126 and 275 of, and Schedule 13 to National Health Service Act 2006, and section 71, 72, 78, 80, 109, 190, 198 and 206 of the National Health Service (Wales) Act 2006
5Section 128 of the National Health Service Act 2006 (c. 41), and section 82 of the National Health Service (Wales) Act 2006 (c. 42)
6Section 129 of the National Health Service Act 2006, and section 83 of the National Health Service (Wales) Act 2006
7Section 132 of the National Health Service Act 2006, and section 86 of the National Health Service (Wales) Act 2006
8Section 180 of the National Health Service Act 2006 and section 129 of the National Health Service (Wales) Act 2006
9Schedule 20 to the National Health Service Act 2006 (c. 41) and Schedule 15 to the National Health Service (Wales) Act 2006
10Modifications applicable until the end of the initial period under the Government of Wales Act 2006 (c. 32)
SCHEDULE 4Repeals and revocations

National Health Service (Consequential Provisions) Act 2006

2006 Chapter 43

An Act to make provision for repeals, revocations, consequential amendments, transitional and transitory modifications and savings in connection with the consolidation of enactments in the National Health Service Act 2006 and the National Health Service (Wales) Act 2006.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—