Health Act 1999 (c. 8)

(The document as of February, 2008)

-- Back --

Page 9

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

(2) In subsection (1)--

(a) in the definition of "health service hospital", after "or vested in" there is inserted "a Primary Care Trust or",

(b) after that definition there is inserted--

" "high security psychiatric services" has the meaning given by section 4 above " ,

" "PCT order" has the meaning given by section 16A above " ,

(d) the definition of "special hospital" is omitted.

(3) After that subsection there is inserted--

" (1A) So far as is necessary or expedient in consequence of a direction under section 16D or 17A above providing for the exercise by a Health Authority, Special Health Authority or Primary Care Trust of a function exercisable by another person, any reference in any enactment, instrument or other document to that other person is to be read as a reference to the Health Authority, Special Health Authority or Primary Care Trust. "

39 (1) Schedule 5 (Health Authorities and Special Health Authorities) is amended as follows.

(2) In paragraph 9 (pay and allowances), in sub-paragraph (4), after "sub-committee of" there is inserted ", or joint committee or joint sub-committee including,".

(3) In paragraph 10 (staff), in sub-paragraph (3), the words from "and it shall" to the end are omitted.

(4) In paragraph 12 (miscellaneous)--

(a) in paragraph (a), after "sub-committee of" there is inserted ", or joint committee or joint sub-committee including,",

(b) in paragraph (b), for "of an authority" to "and committees and sub-committees" there is substituted "(and joint committees and joint sub-committees) of (or including) an authority (including any such committees".

(5) For sub-paragraph (1) of paragraph 15 (acting as principal), there is substituted--

" 15 (1) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by an authority of any function exercisable by them by virtue of section 16 or 16D above are enforceable by or (as the case may be) against that authority (and no other health service body).

(1A) This paragraph does not apply in relation to the joint exercise of any functions by an authority with another body under section 16(2)(c) or (3)(b) above. "

40 In 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".

41 In 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".

The 1978 Act

42 The 1978 Act is amended as follows.

43 In section 9 (local consultative committees)--

(a) in subsection (5), for "on the provision of services under this Act" there is substituted "and, where the Secretary of State so directs, an NHS trust on the provision of services under this Act or under a pilot scheme under section 1 of the [1997 c. 46.] National Health Service (Primary Care) Act 1997",

(b) in subsection (7), after "Health Boards" there is inserted "or, where the Secretary of State so directs, NHS trusts" and for "may be prescribed" there is substituted "the Secretary of State may direct".

44 In section 10(4) (Common Services Agency)--

(a) after "Health Boards" in the first place where it appears there is inserted "the NHS trusts",

(b) after "Health Boards" in the second place where it appears there is inserted "or of the NHS trusts",

45 In section 12A(5) (NHS trusts)--

(a) in paragraph (a), for "and directors" there is substituted ", directors and trustees",

(b) in paragraph (b), after "directors" there is inserted ", trustees,",

(d) in paragraph (d), for the words from "director" where it first appears to the end of the paragraph there is substituted "trustee, to be regarded as an executive director rather than as a trustee".

46 In section 17A (NHS contracts)--

(a) in subsection (2)--

(i) after paragraph (a) there is inserted--

" (aa) Special Health Boards " ,

(ii) after paragraph (k) there is inserted--

" (ka) Primary Care Trusts established under section 16A of the National Health Service Act 1977 " ,

(iii) paragraphs (d) and (j) are omitted,

(b) in subsection (3), paragraph (a) and the word "and" following it are omitted.

47 In section 17E (personal medical and dental services: regulations), subsection (4) is omitted.

48 In section 19A(3)(b) (medical lists), for the words from first "disqualified" to "29" there is substituted "disqualified for inclusion in the list by, or by virtue of a direction of, the NHS Tribunal".

49 Section 31 (disqualification provisions in England and Wales or Northern Ireland) is renumbered as subsection (1) of that section and--

(a) in paragraph (a), for the words from "services" to "29(1)" there is substituted "any of the services mentioned in one of the paragraphs of section 29(8)",

(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 such 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 England and Wales or Northern Ireland--

(a) any conditions are imposed in relation to the provision by any person of any of the services mentioned in section 29(8); or

(b) any conditions so imposed are varied,

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

(3) A notice under subsection (2) may make such modifications of the conditions as the Secretary of State considers necessary for them to have the like effect in relation to Scotland as they have in relation to England and Wales 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) 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 England and Wales or Northern Ireland" means any provisions in force in England and Wales or Northern Ireland corresponding to sections 29C and (so far as relating to conditional disqualifications) 30. "

50 Section 32 (regulations as to sections 29 to 31) is renumbered as subsection (1) of that section and--

(a) in paragraph (c) after "disqualification" in both places where it occurs there is inserted "or condition",

(b) after that subsection there is inserted--

" (2) Regulations under subsection (1)(a) 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. "

51 In section 32A (applications for interim suspension)--

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

" (1A) A Health Board may, if they have requested a review of a conditional disqualification on the ground mentioned in section 30(3)(b) or (c), at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) 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 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 29(7)(a) 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.

52 In section 32B (continuation of suspension pending appeal)--

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

" 32B Suspension pending appeal

(1) Where, on disposing of a case under section 29B, the Tribunal make a national disqualification, they may, if they consider that either of the conditions mentioned in section 32A(2A) is satisfied, direct that section 32A(3) shall apply or, if a direction has been given under section 32A(2), 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 29(2)(b)" 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 29(3)(c)" there is substituted "disqualification which is not coupled with a declaration of unfitness",

(d) subsection (4) is omitted.

53 In section 32D (suspension provisions in England and Wales or Northern Ireland), for "29(1)" there is substituted "29(8)".

54 After section 35 there is inserted--

" 35A Interpretation of Part II

Where, under a direction by the Secretary of State, a Health Board has delegated any of its functions to an NHS trust, any reference in this Part to a Health Board in relation to such a delegated function shall, unless the context otherwise requires, include a reference to an NHS trust. "

55 In section 85A (financial duties of certain bodies)--

(a) in subsection (1), before "85(1)" in both places where it occurs there is inserted "85AA(1) or" and for "85(2)(a)" there is substituted "85AA(3)",

(b) in subsection (2), for "Subsection (3) of section 85" there is substituted "Subsection (9) of section 85AA",

(d) in subsection (6), in paragraph (c) before "85(1)" there is inserted "85AA(1)" and for "85(2)(a)" there is substituted "85AA(3)".

56 In section 85B(2) (bodies in respect of which schemes for meeting losses and liabilities may be made)--

(a) the "and" after paragraph (c) is omitted,

(b) after paragraph (d) there is inserted " and

(e) Special Health Boards " .

57 In section 86 (accounts of Health Boards and the Agency), subsections (1A), (1C) and (5) are omitted.

58 Section 87D (indicative amounts for doctors' practices) is omitted.

59 In section 102 (state hospitals), for paragraph (b) of subsection (4) there is substituted--

" (b) A Health Board, a Special Health Board, the Agency or an NHS trust to the extent that power to do so is delegated to the Board, Agency or trust by the Secretary of State. "

60 In section 105(7) (orders, regulations and directions), for "incidental or supplemental" there is substituted "supplementary, incidental, consequential, transitory, transitional or saving".

61 In section 108(1) (interpretation)--

(a) in the appropriate place there is inserted--

" "goods" includes accommodation " ,

(b) for the definition of "state hospital" there is substituted--

" "state hospital" has the meaning indicated in section 102(2) " .

62 In Schedule 7A (NHS trusts)--

(a) for any reference to a non-executive director or to non-executive directors there is substituted a reference to a trustee or, as the case may be, to trustees,

(b) in paragraph 16(c), the words from "which purposes shall include" to the end are omitted,

(c) in paragraph 22, in sub-paragraph (1), in paragraph (c) the words from "or is within" to the end of the paragraph, and "or Health Authority" are omitted,

(d) paragraph 23 is omitted.

63 (1) Schedule 7B (financial provisions relating to NHS trusts) is amended as follows.

(2) In paragraph 6 (surplus funds)--

(a) for "amount standing in the reserves of an NHS trust" there is substituted "sum held by an NHS trust other than a sum held on trust under section 12G",

(b) for "that amount" there is substituted "that sum".

(3) For paragraph 7 of that Schedule (investment) there is substituted--

" 7. An NHS trust shall have power to invest money held by it in any investments, including investments which do not produce income, specified in directions made by the Secretary of State with the consent of the Treasury; but nothing in this paragraph applies in relation to money held on trust under section 12G. "

(4) After that paragraph there is inserted--

" 8. Any direction with respect to--
(a)
the power conferred on an NHS trust by paragraph 1; or
(b)
the maximum amount which an NHS trust may invest in any investment or class of investment,

may be given only with the consent of the Treasury. "

64 In Schedule 8 (the Tribunal), in paragraph 8--

(a) in sub-paragraph (2)(a), for "section 29" there is substituted "sections 29 to 29C",

(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 32A(3) may be made to apply or continue to apply".

Mental Health Act 1983 (c. 20)

65 The Mental Health Act 1983 is amended as follows.

66 In section 122(1) (provision of pocket money for in-patients in hospital), "special hospitals or other hospitals being" is omitted.

67 In section 123 (transfers to and from special hospitals)--

(a) in subsection (1), "in a special hospital" is omitted, after "above)" there is inserted "in a hospital at which high security psychiatric services are provided" and for "other special hospital" there is substituted "other hospital at which those services are provided",

(b) in subsection (2), for "which is not a special hospital" there is substituted "at which those services are not provided".

68 In section 134 (correspondence of patients)--

(a) in subsection (1)(b), for "a special hospital" there is substituted "one at which high security psychiatric services are provided",

(b) in subsection (2), for "in a special hospital under this Act" there is substituted "under this Act in a hospital at which high security psychiatric services are provided".

69 (1) Section 145 (interpretation) is amended as follows.

(2) In subsection (1)--

(a) after the definition of "Health Authority" there is inserted--

" "high security psychiatric services" has the same meaning as in the [S.I. 1977 c. 49.] National Health Service Act 1977, " ,

(b) the definition of "special hospital" is omitted.

(3) After that subsection there is inserted--

" (1AA) Where high security psychiatric services and other services are provided at a hospital, the part of the hospital at which high security psychiatric services are provided and the other part shall be treated as separate hospitals for the purposes of this Act. "

Mental Health (Scotland) Act 1984 (c. 36)

70 In section 125(1) (interpretation) of the Mental Health (Scotland) Act 1984, in the definition of "managers of a hospital", in paragraph (c) after "Health Board" there is inserted ", to a Special Health Board, to an NHS trust" and after "that Board" there is inserted ", trust".

Hospital Complaints Procedure Act 1985 (c. 42)

71 In section 1 of the Hospital Complaints Procedure Act 1985 (complaints procedures for hospitals managed by health authorities and NHS trusts)--

(a) in subsection (1), the words from "under" to "functions)" and "for the management of" are omitted and for "are responsible" there is substituted "manage",

(b) in subsection (1A), for "is responsible for the management of" there is substituted "manages", "for the management of" is omitted and for "is responsible" there is substituted "manages",

" (1B) It shall also be the duty of the Secretary of State to give to each Primary Care Trust which manages a hospital such directions as appear necessary for the purpose of securing that, as respects each hospital which that Primary Care Trust manages--

(a) such arrangements are made for dealing with complaints made by or on behalf of persons who are or have been patients at that hospital; and

(b) such steps are taken for publicising the arrangements so made,

as (in each case) are specified or described in the directions.

(1C) In this section, "directions" means--

(a) in relation to England and Wales, directions under section 17 of the [1977 c. 49.] National Health Service Act 1977,

(b) in relation to Scotland, directions under section 2(5) of the [1978 c. 29.] National Health Service (Scotland) Act 1978. "

Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)

72 The Health Service Joint Consultative Committees (Access to Information) Act 1986 is to cease to have effect.

Income and Corporation Taxes Act 1988 (c. 1)

73 In section 519A(2) of the Income and Corporation Taxes Act 1988 (health service bodies), after paragraph (aa) there is inserted--

" (ab) a Primary Care Trust " .

The 1990 Act

74 The 1990 Act is amended as follows.

75 In section 3(1)(a) (primary functions of Health Authorities and Special Health Authorities), for "11 or 13" there is substituted "16D".

76 In section 4 (NHS contracts)--

(a) in subsection (2)--

(i) after paragraph (b) there is inserted--

" (bb) a Primary Care Trust " ,

(ii) after paragraph (f) there is inserted--

" (ff) the Commission for Health Improvement " ,

(b) in subsections (6) and (7), the words from "and it shall" to the end are omitted.

77 In section 6 (transfer of staff to NHS trusts)--

(a) for "or Special Health Authority" in each place there is substituted "Special Health Authority or Primary Care Trust",

(b) in subsection (1)(a), after "responsibility of the" there is inserted "NHS".

78 In section 7 (supplementary provisions as to transfer of staff), for "or Special Health Authority" there is substituted "Special Health Authority or Primary Care Trust".

79 (1) Section 8 (transfer of property, rights and liabilities to NHS trust) is amended as follows.

(2) In subsection (1)--

(a) for "such" there is substituted "any",

(b) for "Health Authority or Special Health Authority" there is substituted "Health Authority, Special Health Authority or Primary Care Trust",

(3) In subsections (2), (3) and (5), for "Health Authority or Special Health Authority" there is substituted "Health Authority, Special Health Authority or Primary Care Trust".

(4) For subsection (6) there is substituted--

" (6) Any property, rights and liabilities which--

(a) belong to, or are used or managed by, a Health Authority or Special Health Authority or belong to a Primary Care Trust, and

(b) are to be transferred to an NHS trust by or by virtue of an order under this section,

must be identified by agreement between the Health Authority, Special Health Authority or Primary Care Trust and the NHS trust or, in default of agreement, by direction of the Secretary of State. "

80 Section 18 (indicative amounts for doctors' practices) is omitted.

81 (1) Section 21 (schemes for meeting losses and liabilities etc. of certain health service bodies) is amended as follows.

(2) In subsection (2)--

(a) after "Special Health Authorities" there is inserted--

" (aaa) Primary Care Trusts " ,

(b) after "NHS trusts" there is inserted--

" (bb) the Commission for Health Improvement " .

(3) In subsections (3) to (5), after "Special Health Authority" in each place where it appears there is inserted "Primary Care Trust".

82 In section 61(3) (health service bodies: taxation), after "1991" there is inserted "or to a Primary Care Trust".

83 (1) Schedule 2 (NHS trusts) is amended as follows.

(2) In paragraph 3 (matters to be specified in order establishing NHS trust), in sub-paragraph (1)(f), after "which are" there is inserted "or the Primary Care Trust which is".

(3) In paragraph 4 (making staff available to new NHS trust), for "or Special Health Authority" in both places there is substituted "Special Health Authority or Primary Care Trust".

(4) In paragraph 6 (duties of NHS trusts)--

(a) in sub-paragraph (1), the words following "Schedule", and

(b) sub-paragraph (2),

are omitted.

(5) In paragraph 13 (bodies with whom NHS trust can exercise functions jointly), after "jointly" there is inserted "with any Primary Care Trust,".

(6) Paragraphs 19 and 20 (re-imbursement for health services work carried out otherwise than under NHS contract) are omitted.

(7) In paragraph 30 (transfer of property etc. on dissolution of NHS trust), in sub-paragraph (1), after paragraph (bb) there is inserted--

" (bbb) a Primary Care Trust, or " .

84 (1) Schedule 3 (financial provisions relating to NHS trusts) is amended as follows.

(2) In paragraph 6 (surplus funds)--

(a) for "amount standing in the reserves of an NHS trust" there is substituted "sum held by an NHS trust otherwise than as trustee",

(b) for "that amount" there is substituted "that sum".

(3) For paragraph 7 (investment) there is substituted--

" 7. An NHS trust shall have power to invest money held by it in any investments, including investments which do not produce income, specified in directions under section 17 of the principal Act; but nothing in this paragraph applies in relation to money held by an NHS trust as trustee " .

(4) After that paragraph there is inserted--

" 8. Any direction under section 17 of the principal Act with respect to--
(a)
the power conferred on an NHS trust by paragraph 1 above; or
(b)
the maximum amount which an NHS trust may invest in any investments or class of investments,

may be given only with the consent of the Treasury. "

Health Service Commissioners Act 1993 (c. 46)

85 (1) The Health Service Commissioners Act 1993 is amended as follows.

(2) In section 2 (bodies subject to investigation)--

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

" (da) Primary Care Trusts established for areas in England " ,

(b) in subsection (2), after paragraph (a) there is inserted--

" (aa) Primary Care Trusts established for areas in Wales " .

(3) In section 3 (general remit of Commissioners), subsection (1B) is omitted.

(4) In section 19 (interpretation), the definitions of "allotted sum" and "recognised fund-holding practice" are omitted.

Value Added Tax Act 1994 (c. 23)

86 In section 41(7) (application to Crown), after "1978" there is inserted "and a Primary Care Trust".

National Health Service (Residual Liabilities) Act 1996 (c. 15)

87 In section 1 of the National Health Service (Residual Liabilities) Act 1996--

(a) in subsection (1), after "trust" there is inserted "a Primary Care Trust",

(b) in subsection (2), after paragraph (d) there is inserted--

" (dd) a Primary Care trust " .

National Health Service (Primary Care) Act 1997 (c. 46)

88 (1) The National Health Service (Primary Care) Act 1997 is amended as follows.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

-- Back --

Stat