National Health Service Reform and Health Care Professions Act 2002 (c. 17)

(The document as of February, 2008)

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(b) to provide for a person to exercise a discretion in dealing with any matter.

(8) Subsections (5) to (7) do not apply to orders under section 27.

(9) Subject to subsection (8), nothing in this Act shall be read as affecting the generality of subsection (7).

(10) Directions given in pursuance of any provision of this Act are, except where otherwise stated, to be given by instrument in writing.

(11) Any power conferred by this Act to give directions by instrument in writing includes power to vary or revoke them by subsequent directions.

39 Supplementary and consequential provision etc

(1) The Secretary of State may by regulations make--

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, or in consequence of or for giving full effect to any provision of this Act.

(2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document, including an enactment contained in an Act passed in the same session as this Act.

(3) The power to make regulations under this section is also exercisable by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly.

(4) Nothing in this Act shall be read as affecting the generality of subsection (1).

40 Wales

(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act is (as from the time when the Act is so amended) to be treated as referring to the Act as so amended.

(2) Subsection (1) does not affect the power to make further Orders varying or omitting any such reference.

41 Financial provisions

There shall be paid out of money provided by Parliament--

(a) any expenditure incurred by the Secretary of State in consequence of this Act, and

(b) any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.

42 Short title, interpretation, commencement and extent

(1) This Act may be cited as the National Health Service Reform and Health Care Professions Act 2002.

(2) In this Act--

"the 1977 Act" means the National Health Service Act 1977 (c. 49),
"the 1999 Act" means the Health Act 1999 (c. 8),
"NHS trust" has the same meaning as in the 1977 Act.

(3) This Act, apart from--

(a) this section and sections 38 to 41, and

(b) any other provision of this Act so far as it confers any power to make an order or regulations under this Act,

shall come into force on such day as the appropriate authority may by order appoint, and different days may be appointed for different provisions and for different purposes.

(4) In subsection (3), the "appropriate authority" is--

(a) in relation to sections 1 to 5, 7, 8, 15 to 22, Part 2, and section 36, the Secretary of State,

(b) in relation to sections 11 to 14, the Secretary of State after consulting the National Assembly for Wales,

(d) in relation to sections 10 and 23--

(i) the Secretary of State, in relation to England, and

(ii) the National Assembly for Wales, in relation to Wales,

(e) in relation to section 37--

(i) the Secretary of State, as respects any amendment or repeal consequential on provisions falling within paragraph (a),

(ii) the Secretary of State, after consulting the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (b),

(iii) the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (c),

(iv) otherwise, the Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales.

(5) Subject to subsection (6), this Act extends to the whole of the United Kingdom, except for Part 1, which extends to England and Wales only.

(6) The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

(7) Subsection (6) does not apply to the amendment of the Police Act 1997 (c. 50) made by paragraph 64 of Schedule 2, which extends to England and Wales only.

(8) The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

SCHEDULES

Section 1(3)

SCHEDULE 1 English Health Authorities: change of name

Part 1 Amendments of 1977 Act

1 The 1977 Act is amended as follows.

2 In section 12 (provision supplementary to sections 8 and 11), in subsection (2)(a), at the beginning there is inserted "Strategic Health Authorities and".

3 In section 16 (exercise of functions)--

(a) in subsection (1), after "exercisable by" there is inserted "a Strategic Health Authority or",

(b) in subsection (2)--

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

" (za) by another Strategic Health Authority; " , and

(ii) in paragraph (c), after "Local Health Boards" (inserted by paragraph 5 of Schedule 5) there is inserted ", other Strategic Health Authorities", and

4 In section 16B (exercise of functions by Primary Care Trusts)--

(a) in subsection (2)(c), after "following:" there is inserted "Strategic Health Authorities,", and

(b) in subsection (3)(c), after "one or more" there is inserted "Strategic Health Authorities,".

5 In section 16C (advice for Health Authorities and Primary Care Trusts)--

(a) in subsection (1), after "Every" there is inserted "Strategic Health Authority and every", and

(b) in subsection (2), before "Health Authorities" there is inserted "Strategic Health Authorities and".

6 In section 16D (Secretary of State's directions: distribution of functions)--

(a) in subsection (1), after "direct a" there is inserted "Strategic Health Authority,", and

(b) in subsection (2), after "of a" there is inserted "Strategic Health Authority or".

7 In section 17 (Secretary of State's directions: exercise of functions), in subsection (2), before paragraph (a) there is inserted--

" (za) Strategic Health Authorities; " .

8 In section 17B (Health Authority's directions: exercise of functions), in subsection (1), for "Health Authority" there is substituted "Strategic Health Authority".

9 In section 18 (directions and regulations under preceding provisions), in subsection (1B), for "Health Authority" there is substituted "Strategic Health Authority".

10 In section 22 (co-operation between Health Authorities and local authorities), in subsection (1A), before paragraph (a) there is inserted--

" (za) a Strategic Health Authority; " .

11 In section 23 (voluntary organisations and other bodies), in subsection (2), after "or by a" there is inserted "Strategic Health Authority,".

12 In section 26 (supply of goods and services by the Secretary of State)--

(a) in subsection (1)(b), after "State or by a" there is inserted "Strategic Health Authority,",

(b) in subsection (3), in each of paragraphs (b) and (c), after "or a" there is inserted "Strategic Health Authority,", and

13 In section 27 (conditions of supply under section 26)--

(a) in subsection (1)--

(i) after "officer of a" there is inserted "Strategic Health Authority,", and

(ii) after "that the" there is inserted "Strategic Health Authority,", and

(b) in subsection (3), after "directions to" there is inserted "Strategic Health Authorities,".

14 In section 28 (supply of goods and services by local authorities)--

(a) in subsection (1), after "any" there is inserted "Strategic Health Authority,", and

(b) in subsection (3)--

(i) after "available to" there is inserted "Strategic Health Authorities,", and

(ii) after "to enable" there is inserted "Strategic Health Authorities,".

15 In section 28A (power to make payments towards expenditure on community services), in subsection (2B), after "by a" there is inserted "Strategic Health Authority,".

16 In section 28BB (power of local authorities to make payments to NHS bodies), in subsection (2), after "means a" there is inserted "Strategic Health Authority or".

17 In section 37 (Dental Practice Board), in subsection (1)(b), for "Health Authority" there is substituted "Strategic Health Authority".

18 In section 49S (the Family Health Services Appeal Authority), in subsection (8)(b), after "by a" there is inserted "Strategic Health Authority,".

19 In section 51 (university clinical teaching and research)--

(a) in subsection (2)--

(i) after "by a" there is inserted "Strategic Health Authority,", and

(ii) after "by the" there is inserted "Strategic Health Authority,", and

(b) in subsection (3), before paragraph (a) there is inserted--

" (za) Strategic Health Authorities; " .

20 In section 65 (accommodation and services for private patients), before "Health Authority or", in each place where it occurs, there is inserted "Strategic Health Authority,".

21 In section 84A (intervention orders), in subsection (2), before paragraph (a) there is inserted--

" (za) Strategic Health Authorities, " .

22 In section 84B (intervention orders: effect)--

(a) in subsection (1), in each of paragraphs (a) and (b), after "of a" there is inserted "Strategic Health Authority,", and

(b) in subsection (6), before "a Health Authority" there is inserted "a Strategic Health Authority or".

23 In section 85 (default powers), in subsection (1), before paragraph (a) there is inserted--

" (za) a Strategic Health Authority; " .

24 In section 90 (gifts on trust), after "A" there is inserted "Strategic Health Authority,".

25 In section 91 (private trusts for hospitals), in subsection (3)(d), after "case, the" there is inserted "Strategic Health Authority,".

26 In section 92 (further transfers of trust property)--

(a) in subsection (1), after "functions of any" there is inserted "Strategic Health Authority,", and

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

" (za) a Strategic Health Authority; " .

27 In section 96 (trusts: supplementary provisions), in subsection (1A)(a), after "or a" there is inserted "Strategic Health Authority,".

28 In section 96A (power of health authorities, etc to raise money)--

(a) in subsection (1), before "Health Authority,", in both places, there is inserted "Strategic Health Authority,",

(b) in subsection (3), after "benefit of the" there is inserted "Strategic Health Authority,",

(d) in subsection (5)(b), before "Health Authority" there is inserted "Strategic Health Authority,", and

(e) in each of subsections (7), (8) and (9), before "Health Authority,", in each place where it occurs, there is inserted "Strategic Health Authority,".

29 In section 98 (accounts and audit)--

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

" (za) every Strategic Health Authority; " , and

(b) in subsection (2AA), for "Health Authority" there is substituted "Strategic Health Authority".

30 In section 99 (regulation of financial arrangements), in subsection (1), before paragraph (a) there is inserted--

" (za) Strategic Health Authorities, " .

31 In section 125 (protection of members and officers of authorities), before paragraph (a) there is inserted--

" (za) a Strategic Health Authority; " .

32 In section 126 (orders and regulations, and directions), in subsection (3A), after "or by a" there is inserted "Strategic Health Authority or".

33 In section 128 (interpretation and construction), in subsection (1A), before "Health Authority,", in both places, there is inserted "Strategic Health Authority,".

34 (1) Schedule 5 (which relates to the constitution of Health Authorities and Special Health Authorities) is amended as provided in this paragraph.

(2) In Part 1 (membership of Health Authorities)--

(a) for "Health Authority", in each place where it occurs, there is substituted "Strategic Health Authority",

(b) in paragraph 4, for "Health Authorities" there is substituted "Strategic Health Authorities",

" 4A Paragraphs 1 to 4 above apply in relation to Health Authorities as they apply in relation to Strategic Health Authorities. " , and

(d) in the heading, for "Membership of Health Authorities" there is substituted "Membership of Strategic Health Authorities and Health Authorities".

(3) In Part 3 (supplementary provisions)--

(a) in paragraph 8, after "Each" there is inserted "Strategic Health Authority, each", and

(b) in paragraph 9, in sub-paragraph (7)(a), before "Health Authority" there is inserted "Strategic Health Authority or".

35 (1) Schedule 5A (which relates to Primary Care Trusts) is amended as provided in this paragraph.

(2) In Part 2 (Constitution and Membership), in paragraph 10, after "in relation to" there is inserted "Strategic Health Authorities,".

(3) In Part 3 (Powers and duties), in paragraph 20, for "Health Authority" there is substituted "Strategic Health Authority".

(4) In Part 4 (Transfer of property), in paragraph 21, for "Health Authority" (in each place where it occurs) there is substituted "Strategic Health Authority".

(5) In Part 5 (Transfer of staff), in paragraph 23(2), for paragraph (a) there is substituted--

" (a) a Strategic Health Authority, " .

Part 2 Amendments of other Acts

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

36 In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which makes provision about payments to make up civil remuneration), in paragraph 15--

(a) in the entry in the first column, before "a Health Authority" there is inserted "a Strategic Health Authority,", and

(b) in the entry in the second column, before "Health Authority" there is inserted "Strategic Health Authority,".

The Hospital Complaints Procedure Act 1985 (c. 42)

37 In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1)--

(a) for "Health Authority and" there is substituted "Strategic Health Authority and Health Authority, to each", and

(b) after "which that" there is inserted "Strategic Health Authority,".

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

38 (1) The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as provided in this paragraph.

(2) In section 7 (persons discharged from hospital), in subsection (9), in paragraph (a) of the definition of "the managers", after "means the" there is inserted "Strategic Health Authority,".

(3) In section 16 (interpretation), after the definition of "statutory services" there is inserted--

" "Strategic Health Authority" means a Strategic Health Authority established under section 8 of the 1977 Act; " .

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

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

40 In section 4 (NHS contracts), in subsection (2), before paragraph (a) there is inserted--

" (za) a Strategic Health Authority; " .

41 In section 4A (provision of certain services by persons on ophthalmic or pharmaceutical lists), in subsection (1), after "under which" there is inserted "a Strategic Health Authority,".

42 In section 8 (transfer of property, rights and liabilities to NHS trusts), before "Health Authority", in each place where it occurs, there is inserted "Strategic Health Authority,".

43 In section 21 (schemes for meeting losses and liabilities of certain health service bodies)--

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

" (za) Strategic Health Authorities; " , and

(b) in each of subsections (3), (4) and (5), before "Health Authority" there is inserted "Strategic Health Authority,".

44 In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after "means a" there is inserted "Strategic Health Authority,".

45 In section 60 (removal of Crown immunities), in subsection (7)(a), at the beginning there is inserted "a Strategic Health Authority or".

46 In Schedule 2 (which makes provision about NHS trusts)--

(a) in each of paragraphs 4(1), 4(2), 5(3), 13, 30(2) and 31, before "Health Authority" there is inserted "Strategic Health Authority,", and

(b) in paragraph 30(1), after paragraph (a) there is inserted--

" (aa) a Strategic Health Authority, or " .

The Health Service Commissioners Act 1993 (c. 46)

47 In section 2 of the Health Service Commissioners Act 1993 (bodies subject to investigation), in subsection (1), for paragraph (a) there is substituted--

" (a) Strategic Health Authorities, " .

The 1999 Act

48 The 1999 Act is amended as follows.

49 In section 20 (functions of the Commission for Health Improvement)--

(a) in subsection (1)(c), before "Health Authorities" there is inserted "Strategic Health Authorities,", and

(b) in subsection (7), in the definition of "NHS body", after "means a" there is inserted "Strategic Health Authority,".

50 In section 21 (arrangements with the Audit Commission), in subsection (1)(b)(iii), after "relate to" there is inserted "Strategic Health Authorities,".

51 In section 26 (co-operation between NHS bodies), after "duty of" there is inserted "Strategic Health Authorities,".

52 In section 28 (plans for improving health etc)--

(a) in subsection (6)--

(i) in paragraphs (b) and (g), before "Health Authorities" there is inserted "Strategic Health Authorities,", and

(ii) in paragraph (h), after "provision by" there is inserted "Strategic Health Authorities,", and

(b) in subsection (9), after "duty of" there is inserted "Strategic Health Authorities,".

53 In section 31 (arrangements between NHS bodies and local authorities), in subsection (8), in the definition of "NHS body", after "means a" there is inserted "Strategic Health Authority,".

54 In section 61 (English and Scottish border provisions), in subsection (2), for "Health Authority" there is substituted "Strategic Health Authority".

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

55 (1) The Health and Social Care Act 2001 is amended as provided in this paragraph.

(2) In section 7 (functions of overview and scrutiny committees), in subsection (4), after "means a" there is inserted "Strategic Health Authority,".

(3) In section 46 (directed partnership arrangements), in subsection (5), in the definition of "NHS body", after "means a" there is inserted "Strategic Health Authority,".

Section 2(5)

SCHEDULE 2 Reallocation of functions of Health Authorities to Primary Care Trusts

Part 1 Amendments of 1977 Act

1 The 1977 Act is amended as follows.

2 (1) Section 15 (duty of Health Authority in relation to family health services) is amended as provided in this paragraph.

(2) In subsection (1), after "duty" there is inserted "of each Primary Care Trust and".

(3) In subsection (1B)--

(a) before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or",

(b) for "that Authority's medical list" there is substituted "the medical list of that Trust or Authority", and

(4) In subsection (1BA)--

(a) after "relevant" there is inserted "Primary Care Trust or", and

(b) for "the Authority" there is substituted "the Trust or Authority".

(5) Sub-paragraphs (3) and (4), and this sub-paragraph, shall cease to have effect on the coming into force of paragraph 8 of Schedule 4 to the 1999 Act (which repeals subsections (1B) to (1D) of section 15 of the 1977 Act).

3 (1) Section 29 (arrangements and regulations for general medical services) is amended as provided in this paragraph.

(2) In subsection (1), after "duty" there is inserted "of every Primary Care Trust and".

(3) In subsection (2)--

(a) for paragraph (a) there is substituted--

" (a) for the preparation and publication by each Primary Care Trust and by each Health Authority of a list of medical practitioners who undertake to provide general medical services for persons in the area of the Primary Care Trust or Health Authority; " , and

(b) in paragraph (f), after "of a" there is inserted "Primary Care Trust or".

4 (1) Section 29A (medical lists) is amended as provided in this paragraph.

(2) For subsection (1) there is substituted--

" (1) A Primary Care Trust or Health Authority may not, under section 29, arrange with a medical practitioner for him to provide general medical services for persons in the area of the Trust or Authority unless his name is included in the medical list of the Trust or Authority. "

(3) In subsection (2)--

(a) for "a Health Authority's medical list" there is substituted "the medical list of a Primary Care Trust or Health Authority", and

(b) in paragraph (b), after "of the" there is inserted "Trust or".

(4) In subsection (3)(b), for "all Health Authorities' medical lists" there is substituted "the medical lists of all Primary Care Trusts and Health Authorities".

(5) In subsection (4A), after "to a" there is inserted "Primary Care Trust or".

(6) In subsection (6)--

(a) after "to a" there is inserted "Primary Care Trust or", and

(b) after "by the" there is inserted "Trust or".

5 (1) Section 29B (vacancies for medical practitioners) is amended as provided in this paragraph.

(2) In each of subsections (2) and (2A), before "Health Authority", in each place where it occurs, there is inserted "Primary Care Trust or".

(3) In subsection (3)--

(a) in paragraph (aa), after "which a" there is inserted "Primary Care Trust or",

(b) the "or" at the end of paragraph (b) is omitted, and

" (c) vacancies relating to the area of one Primary Care Trust which also relate to the area of another Primary Care Trust, or of a Health Authority, or of a Health Board, or

(d) vacancies relating to the area of one Health Authority which also relate to the area of another Health Authority or of a Primary Care Trust, " .

(4) In subsection (3A)--

(a) after "that a" there is inserted "Primary Care Trust or", and

(b) for "Health Authority's decision" there is substituted "decision of the Primary Care Trust or of the Health Authority".

(5) In subsection (5), for the definition of "locality" there is substituted--

" "locality", in relation to a Primary Care Trust or to a Health Authority, means the area of the Trust or of the Authority, or a particular part of their area; " .

6 In section 31 (requirement of suitable experience), in subsection (1), after "by a" there is inserted "Primary Care Trust or".

7 In section 32 (regulations as to section 31), in subsection (1), in the definition of "applicant", after "by a" there is inserted "Primary Care Trust or".

8 In section 33 (distribution of general medical services)--

(a) in subsection (1A)(a), for "Health Authorities for areas in England" there is substituted "Primary Care Trusts", and

(b) in subsection (1A)(b), "for areas in Wales" is omitted.

9 In section 35 (arrangements for general dental services), in subsection (1), after "duty" there is inserted "of every Primary Care Trust and".

10 (1) Section 36 (regulations as to section 35) is amended as provided in this paragraph.

(2) In subsection (1), for paragraph (a) there is substituted--

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