Health Act 1999 (c. 8)

(The document as of February, 2008)

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Miscellaneous amendments

15 In Schedule 1 to the [1958 c. 51.] Public Records Act 1958 (definition of public records), the following entry is inserted at the appropriate place in Part II of the Table at the end of paragraph 3--

" Commission for Health Improvement. "

16 In the Schedule to the [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bb) of paragraph 1 there is inserted--

" (bc) the Commission for Health Improvement " .

17 In the [1967 c. 13.] Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), the following entry is inserted at the appropriate place--

" Commission for Health Improvement. "

18 In the [1975 c. 24.] House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), the following entry is inserted at the appropriate place--

" The Commission for Health Improvement " .

19 In the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975, the same entry as is set out in paragraph 18 is inserted at the appropriate place in Part II of Schedule 1.

Section 60.

SCHEDULE 3 Regulation of health care and associated professions

Matters generally within the scope of the Orders

1 An Order may make provision, in relation to any profession, for any of the following matters (among others)--

(a) the establishment and continuance of a regulatory body,

(b) keeping a register of members admitted to practice,

(d) privileges of members admitted to practice,

(e) standards of conduct and performance,

(f) discipline and fitness to practise,

(g) investigation and enforcement by or on behalf of the regulatory body,

(h) appeals,

(j) default powers exercisable by a person other than the regulatory body.

Manner of exercise of power

2 (1) The power to make an Order may be exercised by amending or repealing any enactment (whether or not mentioned in section 60) or prerogative instrument and any other instrument or document.

(2) But an Order may not amend the [1968 c. 67.] Medicines Act 1968.

(3) Sub-paragraph (2) does not prevent an Order amending--

(a) sections 80 to 83 of that Act (disqualification, and removal of premises from register), or

(b) (in pursuance of section 62(4)) any other provision of Part IV of that Act (pharmacies).

3 The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.

4 The power may be exercised so as to make provision for the charging of fees.

5 The power may be exercised so as to--

(a) confer functions (including power to pay grants) on Ministers of the Crown, the Scottish Ministers or the National Assembly for Wales, or

(b) modify their functions.

6 The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.

Matters outside the scope of the Orders

7 (1) An Order may not abolish the regulatory body of any profession to which section 60(2)(a) applies, any regulatory body established by an Order as the successor to the Council for Professions Supplementary to Medicine or the United Kingdom Central Council for Nursing, Midwifery and Health Visiting or any other regulatory body established by an Order.

(2) An Order may not impose any requirement which would have the effect that a majority of the members of the regulatory body of any profession would be persons not included in the register of members admitted to practice.

(3) An Order may not provide for any function conferred on the Privy Council, in relation to any profession to which section 60(2)(a) applies, to be exercised by a different person.

8 (1) Where an enactment provides, in relation to any profession, for any function mentioned in sub-paragraph (2) to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers to exercise that function.

(2) The functions are--

(a) keeping the register of members admitted to practice,

(b) determining standards of education and training for admission to practice,

(d) administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters.

(3) In sub-paragraph (1), "enactment" does not include any enactment contained in or made under the [1960 c. 66.] Professions Supplementary to Medicine Act 1960 or the [1997 c. 24.] Nurses, Midwives and Health Visitors Act 1997.

Preliminary procedure for making Orders

9 (1) If it is proposed to lay a draft of an Order before Parliament, the Secretary of State must first--

(a) publish a draft of an Order, and

(b) invite representations to be made to him about the draft by persons appearing to him appropriate to represent the profession to be regulated, persons appearing to him appropriate to represent those provided with services by the profession and any other persons appearing to him appropriate to consult about the draft.

(2) After the end of the period of three months beginning with the publication of the draft, he may lay the draft as published, or that draft with any modifications he considers appropriate, together with a report about the consultation before Parliament.

(3) If any provision of a draft would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament--

(a) the Secretary of State's duty under sub-paragraph (1) must be performed also by the Scottish Ministers, and

(b) sub-paragraph (4) shall apply instead of sub-paragraph (2).

(4) After the end of the period of three months beginning with the publication of the draft, the draft as published, or that draft with any modifications which the Secretary of State and the Scottish Ministers consider appropriate, may be laid before Parliament and the Scottish Parliament together with a report made by the Secretary of State and the Scottish Ministers about the consultation.

Interpretation and application

10 In this Schedule--

"Order" means an Order in Council under section 60,
"regulatory body", in relation to any profession, means the body (or main body) responsible for the regulation of the profession,

and other expressions used in this Schedule and in the 1977 Act have the same meaning in this Schedule as in that Act.

11 (1) The powers conferred by section 60 may be exercised so as to regulate a profession which is not regulated by any enactment (whether established before or after the passing of this Act).

(2) References to regulation, in relation to a profession, in that section and this Schedule include--

(a) the regulation of persons seeking admission to practice or who were, but are no longer, allowed to practise as members of the profession,

(b) the regulation of activities carried on by persons who are not members of the profession but which are carried on in connection with the practice of the profession,

(c) in the case of the profession of medical practitioner, the regulation of the qualifications or experience required for a medical practitioner to provide, or assist in the provision of, general medical services under the 1977 Act,

(d) in the case of the profession of dental practitioner, the regulation of the qualifications or experience required for a dental practitioner to provide, or assist in the provision of, general dental services under the 1977 Act.

(3) In sub-paragraph (2)(c), the reference to the provision of general medical services includes the performance of personal medical services and the reference to the 1977 Act includes arrangements under section 28C of that Act.

12 (1) The powers conferred by section 60 extend to the regulation of--

(a) the profession regulated by the [S.I. 1976/1213 (N.I.22).] Pharmacy (Northern Ireland) Order 1976, and

(b) activities carried on by persons who are not members of that profession but which are carried on in connection with the practice of that profession,

only in relation to the matters dealt with in sections 80 to 83 of the [1968 c. 67.] Medicines Act 1968.

(2) But an Order may not provide for any function conferred by any of those sections on the Statutory Committee to be exercised, in relation to Northern Ireland, otherwise than by the committee appointed under Article 19 of the Pharmacy (Northern Ireland) Order 1976.

Section 65.

SCHEDULE 4 Amendments of enactments

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

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

" (gg) Primary Care Trusts " .

National Health Service Act 1966 (c. 8)

2 Section 10 of the National Health Service Act 1966 (modification of prohibition of full-time salaried practitioner service) is omitted (and, accordingly, section 29(4) of the 1977 Act and section 19(3) of the 1978 Act continue to have effect).

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

3 In section 63 of the Health Services and Public Health Act 1968 (instruction of Health Authority employees and others)--

(a) in subsection (1)(a), for "or Special Health Authority or a Health Board" there is substituted "Special Health Authority, Health Board or Primary Care Trust",

(b) in subsection (5A), for "or Special Health Authority" in both places there is substituted "Special Health Authority or Primary Care Trust",

" (bb) Primary Care Trusts " .

The 1977 Act

4 The 1977 Act is amended as follows.

5 In 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",

" (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".

6 In section 11 (Special Health Authorities), for subsection (1) there is substituted--

" (1) The Secretary of State may by order establish special bodies for the purpose of exercising any functions which may be conferred on them by or under this Act. "

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

8 In section 15 (duty of Health Authority in relation to family health services), subsections (1B) to (1D) are omitted.

9 For section 16 (exercise of functions) there is substituted--

" 16 Exercise of functions by Health Authorities and Special Health Authorities

(1) This subsection applies to functions which are exercisable by a Health Authority under or by virtue of this Act (including this section), the [1990 c. 19.] National Health Service and Community Care Act 1990 or any prescribed provision of any other Act.

(2) Regulations may provide for any functions to which subsection (1) above applies to be exercised--

(a) by another Health Authority,

(b) by a Special Health Authority, or

(3) Regulations may provide for any functions which are exercisable by a Special Health Authority under section 16D below to be exercised--

(a) by another Special Health Authority, or

(b) jointly with one or more other Special Health Authorities.

(4) Regulations may provide--

(a) for any functions to which subsection (1) above applies to be exercised, on behalf of the Health Authority by whom they are exercisable, by a committee, sub-committee or officer of the Health Authority,

(b) for any functions which, under section 16D below or 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 exercisable jointly under subsection (2)(c) or (3)(b) above to be exercised, on behalf of the health service bodies in question, by a joint committee or joint sub-committee. "

10 After section 16B there is inserted--

" 16C 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. "

11 In 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".

12 (1) Section 27 (conditions of supply under section 26) is amended as follows.

(2) In subsection (1), for "or Special Health Authority" (in both places) there is substituted "Special Health Authority or Primary Care Trust".

(3) In subsection (3)--

(a) for "and Special Health Authorities", in the first place where the words appear, there is substituted "Special Health Authorities and Primary Care Trusts",

(b) the words from "and it shall" to the end are omitted.

13 In 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".

14 (1) Section 28A (power to make payments towards expenditure on community services) is amended as follows.

(2) In subsection (2), for "An authority to whom" there is substituted "A body to which".

(3) Subsections (4) and (8)(a) are omitted.

(4) In subsection (9)--

(a) for "expenditure which has been recommended by a joint consultative committee for a payment under this section" there is substituted "the expenditure in respect of which a payment under this section is proposed to be made",

(b) in paragraph (a), for "authority" there is substituted "body",

(d) in paragraph (b), after "subsection (2) above" there is inserted ", or in subsection (2A) above,",

(e) for sub-paragraphs (i) and (ii) there is substituted "which conform with the conditions prescribed for payments of that description under subsection (5) above".

15 In section 28C(4) (personal medical or dental services), for "13" there is substituted "16D".

16 In 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)".

17 In 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".

18 In 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

19 In 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. "

20 In 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,",

" (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.

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

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

" 49B Suspension pending appeal

(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.

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

23 In 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 " .

24 Section 65(3) (accommodation and services for private patients: directions) is omitted.

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

" (bb) a Primary Care Trust " .

26 In section 86 (emergency powers), in paragraph (b), the words from "and it shall" to the end are omitted.

27 In section 91 (private trusts for hospitals)--

(a) in subsection (3), for paragraphs (aa) to (b) there is substituted--

" (b) where the hospital is managed by, and trustees have been appointed for, an NHS trust or Primary Care Trust, the trustees,

(c) where the hospital is managed by an NHS trust or Primary Care Trust and neither paragraph (a) nor paragraph (b) applies, the NHS trust or (as the case may be) Primary Care Trust,

(d) in any other case, the Health Authority or Special Health Authority exercising functions of the Secretary of State in respect of the hospital " ,

(b) in subsection (4), "to a trust for a special hospital, or" is omitted.

28 In 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. "

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

30 (1) Section 96A (power of health authorities etc. to raise money) is amended as follows.

(2) In subsection (5)(b), "on behalf" is omitted.

(3) After subsection (5A) there is inserted--

" (5B) Where property--

(a) is given in pursuance of this section on trust for any purposes of a Primary Care Trust for which trustees have been appointed under section 96B below, and

(b) those trustees and the Primary Care Trust agree,

the property may be held, administered and applied by those trustees instead of by the Primary Care Trust. "

(4) After subsection (10) there is inserted--

" (11) This section (apart from subsection (5A)) has effect in relation to a Primary Care Trust as it has effect in relation to an NHS trust. "

31 (1) Section 97 (public funding of Health Authorities and Special Health Authorities) is amended as follows.

(2) In subsection (6), after paragraph (b) there is inserted--

" (bb) the application of sums received by them under section 97C(4) below; or " ,

and accordingly the "or" after paragraph (b) is omitted.

(3) Subsection (7) is omitted.

(4) In subsection (9), after "paid" there is inserted "to Health Authorities or Special Health Authorities".

32 Section 97A(5) (duty to comply with directions) is omitted.

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

(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. "

34 In section 99 (regulation of financial arrangements)--

(a) in subsection (1), after paragraph (b) there is inserted--

" (ba) Primary Care Trusts " ,

(b) in subsection (3), the words from "and shall be complied with" to the end are omitted.

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

36 In section 122(2) (recovery of charges), "as a simple contract debt" is omitted.

37 (1) Section 126 (orders, regulations and directions) is amended as follows.

(2) In subsection (1)--

(a) after "virtue of this Act shall" there is inserted ", unless it is a PCT order,",

(b) in paragraph (b), after "apply to" there is inserted "an order made under section 28EE(2) above, paragraph 20, 21 or 23 of Schedule 5A to this Act or to".

(3) In subsection (3A), after "Secretary of State" there is inserted "or by a Health Authority".

(4) In subsection (3B), for "11 to 17" there is substituted "16D to 17B".

(5) After subsection (3B) there is inserted--

" (3C) Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the [S.I. 1990 c. 19.] National Health Service and Community Care Act 1990 shall comply with the directions. "

(6) In subsection (4), for "incidental or supplemental" there is substituted "supplementary, incidental, consequential, transitory, transitional or saving".

38 (1) Section 128 (interpretation) is amended as follows.

(2) In subsection (1)--

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