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

(The document as of February, 2008)

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(b) in subsection (3), before "Health Authority", in both places, there is inserted "Primary Care Trust or".

78 In section 40(1) (which inserts a new section 28J into the 1977 Act), in that new section 28J (local pharmaceutical services schemes), after "made by" there is inserted "Primary Care Trusts and".

79 In Schedule 1 (exempt information relating to health services), in paragraph 10, after "by a" there is inserted "Primary Care Trust or".

80 In Schedule 2 (pilot schemes for local pharmaceutical services)--

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

(b) in paragraph 2(5)(d), before "Health Authorities" there is inserted "Primary Care Trusts and", and

(c) in paragraph 5(1)(a), for "Health Authority's area" there is substituted "area of the Primary Care Trust or Health Authority".

81 (1) Schedule 3 (which inserts a new Schedule 8A into the 1977 Act) is amended as provided in this paragraph.

(2) In the new Schedule 8A (local pharmaceutical services schemes)--

(a) in paragraph 1(1), before "Health Authorities" there is inserted "Primary Care Trusts and",

(b) in paragraph 1(2)--

(i) in paragraph (a), after "by" there is inserted "a Primary Care Trust or", and

(ii) in paragraph (c), after "other" there is inserted "Primary Care Trust or",

(d) in paragraph 1(8), "or a Primary Care Trust" is omitted,

(e) in paragraph 2(1), after "allowing a" there is inserted "Primary Care Trust or",

(f) in paragraph 2(2)(b), after "a" there is inserted "Primary Care Trust or",

(g) in paragraph 3(2), after "than" there is inserted "Primary Care Trusts and", and

(h) in paragraph 3(3)(k), after "authorise" there is inserted "Primary Care Trusts and".

82 In Schedule 5 (minor and consequential amendments), in paragraph 9, before "Health Authority", in both places, there is inserted "Primary Care Trust or".

Section 4(3)

SCHEDULE 3 Amendments relating to Personal Medical Services and Personal Dental Services

Part 1 Amendments of the National Health Service (Primary Care) Act 1997

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

2 (1) Section 1 (pilot schemes) is amended as provided in this paragraph.

(2) In subsection (6), in each of paragraphs (a) and (b), before "Health Authority" there is inserted "Strategic Health Authority or a".

(3) In subsection (8), for paragraph (a) of the definition of "authority" there is substituted--

" (a) in relation to England, a Strategic Health Authority;

(aa) in relation to Wales, a Health Authority; and " .

3 (1) Section 8ZA (lists of persons who may perform personal medical services or personal dental services) is amended as provided in this paragraph.

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

(3) In subsection (3)--

(a) in each of paragraphs (a), (b), (c), (e), (g) and (k), before "Health Authority" there is inserted "Primary Care Trust or", and

(b) in paragraph (j), after "of" there is inserted "Primary Care Trusts and".

(4) In subsection (4), in each of paragraphs (a), (b) and (d), before "Health Authority" there is inserted "Primary Care Trust or".

(5) In subsection (8)--

(a) before "Health Authority", in both places, there is inserted "Primary Care Trust or", and

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

(6) In subsection (9)--

(a) before "Health Authority" 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".

(7) In subsection (10), for "Health Authority's decision" there is substituted "decision of the Primary Care Trust or of the Health Authority".

4 In section 8A (delegation of Health Authority functions relating to pilot schemes)--

(a) for subsection (1) there is substituted--

" (1) A Strategic Health Authority may not, under section 17A of the 1977 Act, direct a Primary Care Trust to exercise any functions of the Strategic Health Authority arising under a pilot scheme if the Primary Care Trust is providing any services under the pilot scheme. " , and

(b) in subsection (2), for "Health Authorities", in both places, there is substituted "Strategic Health Authorities".

5 In section 12 (leaving medical lists), in subsection (2)--

(a) for "an authority" there is substituted "a Primary Care Trust, Health Authority or Health Board", and

(b) for "by them or by any other authority" there is substituted "by any authority".

6 (1) Section 13 (preferential treatment on transferring to medical lists) is amended as provided in this paragraph.

(2) In subsection (1), for "the authority's medical list" there is substituted "the medical list of the relevant body".

(3) After subsection (1) there is inserted--

" (1A) For the purposes of this section--

(a) where the authority concerned is a Health Authority or a Health Board, the relevant body is that Authority or Board;

(b) where the authority concerned is a Strategic Health Authority, the relevant body is the Primary Care Trust designated in relation to the pilot scheme by the Secretary of State. "

(4) In subsection (6), for "authority" there is substituted "relevant body".

7 (1) Section 21(1) (which inserts new sections 28C and 28D into the 1977 Act) is amended as provided in this paragraph.

(2) In the new section 28C (personal medical or dental services)--

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

(b) in subsection (3), in each of paragraphs (a) and (b), after "by the" there is inserted "Primary Care Trust or", and

(c) in subsection (6), in each of paragraphs (a) and (b), before "Health Authority" there is inserted "Strategic Health Authority or a".

(3) In the new section 28D (persons with whom section 28C agreements may be made), in subsection (1), before "Health Authority" there is inserted "Strategic Health Authority or a".

8 In section 22(1) (which inserts a new section 28E into the 1977 Act), in that new section 28E (which provides for regulations as to personal medical or dental services)--

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

(b) in subsection (3)(k), after "authorise" there is inserted "Strategic Health Authorities and",

(d) in subsection (8)(a), before "Health Authority" (in both places) there is inserted "Strategic Health Authority or".

9 In section 40 (interpretation), in subsection (2), at the end of the definition of "authority" there is inserted ", except in Schedule 1".

10 (1) Schedule 1 (preferential treatment on transferring to medical lists) is amended as provided in this paragraph.

(2) In paragraph 1(1), for "an authority's medical list" there is substituted "the medical list of a Primary Care Trust, a Health Authority or a Health Board (in this Schedule referred to as an "authority")".

(3) In paragraph 9--

(a) after "Schedule" there is inserted ", an "authority" means a Primary Care Trust, a Health Authority or a Health Board, and", and

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

Part 2 Amendments of other Acts

The 1977 Act

11 In section 15 of the 1977 Act (duty of Health Authority in relation to family health services), in subsection (1ZA), after "duty of" there is inserted "each Strategic Health Authority and".

The National Health Service (Scotland) Act 1978 (c. 29)

12 In the National Health Service (Scotland) Act 1978, in section 17C (personal medical or dental services)--

(a) in subsection (5), in each of paragraphs (a) and (b), before "Health Authority" there is inserted "Strategic Health Authority or by a", and

(b) in subsection (6), for the definition of "Health Authority" there is substituted--

" "Strategic Health Authority" and "Health Authority" have the same meaning as in the National Health Service Act 1977; " .

The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

13 In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), after "by a" there is inserted "Strategic Health Authority,".

The 1999 Act

14 In section 6(2) of the 1999 Act (which inserts a new section 28EE into the 1977 Act), in that new section 28EE--

(a) subsection (1) is omitted, and

(b) in subsection (2), for "Health Authorities", in both places, there is substituted "Strategic Health Authorities".

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

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

16 (1) Section 26(1) (which inserts a new section 28DA into the 1977 Act) is amended as provided in this paragraph.

(2) In the new section 28DA (lists of persons who may perform personal medical services or personal dental services)--

(a) in subsection (1), after "publication" there is inserted "by each Primary Care Trust and",

(b) in subsection (3)--

(i) in each of paragraphs (a), (b), (c), (e), (g) and (k), before "Health Authority" there is inserted "Primary Care Trust or", and

(ii) in paragraph (j), after "of" there is inserted "Primary Care Trusts and",

(c) in subsection (4), in each of paragraphs (a), (b) and (d), before "Health Authority" there is inserted "Primary Care Trust or",

(d) in subsection (8)--

(i) before "Health Authority", in both places, there is inserted "Primary Care Trust or", and

(ii) in paragraph (c), for "Health Authority's decision" there is substituted "decision of the Primary Care Trust or of the Health Authority",

(e) in subsection (9)--

(i) before "Health Authority" there is inserted "Primary Care Trust or", and

(ii) for "Health Authority's decision" there is substituted "decision of the Primary Care Trust or of the Health Authority", and

(f) in subsection (10), for "Health Authority's decision" there is substituted "decision of the Primary Care Trust or of the Health Authority".

17 In Schedule 1 (exempt information relating to health services), in paragraph 11, after "request to a" there is inserted "Strategic Health Authority or".

Section 6(2)

SCHEDULE 4 Local Health Boards

After Schedule 5A to the 1977 Act there is inserted--

" SCHEDULE 5B Local Health Boards

Part 1 LHB orders

1 (1) An LHB order shall specify--

(a) the name of the Board; and

(b) the operational date of the Board.

(2) The operational date of a Local Health Board is the date on which functions exercisable by it may first be undertaken fully by the Board.

2 (1) An LHB order may provide for the establishment of a Local Health Board with effect from a date earlier than the operational date.

(2) During the period beginning with that earlier date and ending with the day immediately preceding the operational date (referred to in this Schedule as the preparatory period), the exercise of any functions by the Board shall be limited to such exercise as may be specified in the LHB order for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.

(3) Sub-paragraphs (4) and (5) below apply for so long as there is a Health Authority for any part of the area of Wales specified in a particular LHB order.

(4) That LHB order may require such a Health Authority to meet the costs of the Board performing its functions during the preparatory period by doing either or both of the following--

(a) discharging such liabilities of the Board as may be incurred during the preparatory period and are of a description specified in the order;

(b) paying the Board sums to enable it to meet expenditure of a description specified in the order.

(5) An LHB order may require such a Health Authority or an NHS trust in Wales to make available to the Local Health Board during the preparatory period--

(a) premises and other facilities of the authority or NHS trust;

(b) officers of the authority;

Part 2 Status, constitution and membership

Status

3 A Local Health Board is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and a Local Health Board's property is not to be regarded as property of, or property held on behalf of, the Crown.

4 Every Local Health Board shall be a body corporate.

Membership

5 The members of a Local Health Board shall be--

(a) a chairman appointed by the National Assembly for Wales;

(b) if the Assembly thinks fit, a vice-chairman appointed by the Assembly;

(d) a number of persons who are not officers of the Board.

6 (1) The National Assembly for Wales may by regulations make provision about--

(a) the appointment of the chairman, vice-chairman and other members of a Local Health Board (including any conditions to be fulfilled for appointment);

(b) the tenure of office of the chairman, vice-chairman and other members of a Local Health Board (including the circumstances in which they cease to hold office or may be removed or suspended from office);

(c) how many persons may be appointed as members of a Local Health Board and how many of those members may be officers (a minimum and maximum number may be specified for both purposes);

(d) the appointment and constitution of any committees of a Local Health Board (which may include or consist of persons who are not members of the Board);

(e) the appointment and tenure of office of the members of any committees of a Local Health Board;

(f) the procedure to be followed by a Local Health Board, and by any committee of the Board, in the exercise of its functions;

(g) the circumstances in which a person who is not an officer of the Local Health Board is to be treated as if he were such an officer.

(2) The power to make provision under paragraphs (c) and (f) of sub-paragraph (1) above includes power to make regulations about the number of persons who may be appointed and the procedure to be followed during the preparatory period.

(3) Any regulations under this paragraph may, in particular, make provision to deal with cases where the post of any officer of a Local Health Board is held jointly by two or more persons or where the functions of such an officer are in any other way performed by more than one person.

7 Any reference in this Part of this Schedule to a committee of a Local Health Board includes a reference to sub-committees of, and joint committees and joint sub-committees including, the Board.

8 The validity of proceedings of a Local Health Board, or of any of its committees, shall not be affected by any vacancy among the members or by any defect in the appointment of any member.

Staff

9 (1) A Local Health Board may employ such officers as it thinks fit.

(2) Subject to sub-paragraph (3) below, a Board may--

(a) pay its officers such remuneration and allowances; and

(b) employ them on such other terms and conditions,

as it thinks fit.

(3) A Board shall--

(a) in exercising its powers under sub-paragraph (2) above; and

(b) otherwise in connection with the employment of its officers,

act in accordance with regulations made by the National Assembly for Wales and any directions given by the Assembly.

(4) Before making any regulations under sub-paragraph (3) above, the Assembly shall consult such bodies as it may recognise as representing persons who, in its opinion, are likely to be affected by the regulations.

10 (1) Without prejudice to the generality of section 16BB above the National Assembly for Wales may direct a Local Health Board--

(a) to make the services of any of its officers available to another Local Health Board; or

(b) to employ any person who is or was employed by another Local Health Board and is specified in the direction.

(2) Before it gives a direction under sub-paragraph (1) above the Assembly shall--

(a) consult the person whose services are to be made available or who is to be employed;

(b) satisfy itself that the Board has consulted that person; or

(3) Sub-paragraph (2) above does not apply in relation to a direction under sub-paragraph (1)(a) above if the Assembly--

(a) considers it necessary to give the direction for the purpose of dealing temporarily with an emergency; and

(b) has previously consulted bodies recognised by the Assembly as representing the person whose services are to be made available about the giving of directions for that purpose.

11 In addition to making provision in relation to Strategic Health Authorities, Health Authorities and Special Health Authorities, regulations under paragraph 10(2) of Schedule 5 to this Act may also provide--

(a) for the transfer of officers of one Local Health Board to another; and

(b) for arrangements under which the officers of a Local Health Board are placed at the disposal of another Local Health Board or a local authority.

Remuneration, pensions etc of members

12 (1) A Local Health Board may pay the chairman, the vice-chairman (if any) and any other members of the Board such remuneration and such travelling and other allowances as may be determined by the National Assembly for Wales.

(2) A Board may pay the chairman or any person who has been chairman of the Board such pension, allowance or gratuity as may be determined by the National Assembly for Wales.

(3) A Board may pay the members of any committee of a Board such travelling and other allowances as may be determined by the National Assembly for Wales.

(4) If, when a person ceases to be chairman of a Board, the National Assembly for Wales determines that there are special circumstances which make it right that that person should receive compensation, the Board shall pay to him a sum by way of compensation of such amount as the Assembly may determine.

Part 3 Other matters

General powers

13 (1) Subject to sub-paragraph (3), a Local Health Board may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of its functions.

(2) That includes, in particular--

(a) acquiring and disposing of land and other property;

(b) entering into contracts;

(c) accepting gifts of money, land and other property, including money, land or other property held on trust, either for the general or any specific purposes of the Local Health Board or for all or any purposes relating to the health service.

(3) A Local Health Board may not do anything mentioned in sub-paragraph (2) without the consent of the Assembly (which may, if the Assembly thinks fit, be given in general terms covering one or more descriptions of case).

14 (1) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a Local Health Board of any function exercisable by it by virtue of section 16BB or 16BC above are enforceable by or (as the case may be) against that Board (and not against any other health service body or the National Assembly for Wales).

(2) This paragraph does not apply in relation to the joint exercise of any functions by a Local Health Board with another body under section 16BC(2)(c) above.

Specific powers and duties

15 (1) A Local Health Board may conduct, commission or assist the conduct of research.

(2) A Board may, in particular, make officers available or provide facilities under sub-paragraph (1) above.

16 A Local Health Board may--

(a) make officers available in connection with any instruction provided under section 63 of the Health Services and Public Health Act 1968;

(b) make officers and facilities available in connection with training by a university or any other body providing training in connection with the health service.

17 The National Assembly for Wales may by regulations make provision in relation to--

(a) reports to be prepared by Local Health Boards;

(b) information to be supplied by them;

(d) the publication of any other document.

Compulsory acquisition

18 (1) A Local Health Board may be authorised to purchase land compulsorily for the purposes of its functions by means of an order made by the Board and confirmed by the National Assembly for Wales.

(2) The Acquisition of Land Act 1981 applies to the compulsory purchase of land under this paragraph.

(3) No order is to be made by a Local Health Board under Part 2 of the Acquisition of Land Act 1981 in respect of any land unless the proposal to acquire the land compulsorily--

(a) has been submitted to the National Assembly for Wales in the form, and with the information, required by the Assembly; and

(b) has been approved by the Assembly.

Dissolution

19 (1) The National Assembly for Wales may, if a Local Health Board is dissolved, by order transfer (or provide for the transfer) to itself or to another Local Health Board any property, rights or liabilities of the dissolved Board.

(2) If any consultation requirements apply, they must be complied with before the order is made.

(3) In this paragraph, "consultation requirements" means requirements about consultation contained in regulations made by the Assembly.

Transfer of property

20 (1) The National Assembly for Wales may by order (referred to in this paragraph and paragraph 21 below as a transfer order)--

(a) transfer (or provide for the transfer of) any of the property, rights and liabilities of a health service authority to a Local Health Board;

(b) create or impose (or provide for the creation or imposition of) new rights or liabilities in respect of property transferred or retained.

(2) Any property, rights and liabilities which--

(a) belong to a health service authority other than the National Assembly for Wales or are used or managed by a Health Authority; and

(b) are to be transferred to a Local Health Board by or under a transfer order,

must be identified by agreement between the health service authority (or Health Authority) and the Local Health Board or, in default of agreement, by direction of the Assembly.

(3) Where a transfer order transfers (or provides for the transfer of)--

(a) land held on lease from a third party; or

(b) any other asset leased or hired from a third party or in which a third party has an interest,

the transfer is binding on the third party despite the fact that, apart from this sub-paragraph, the transfer would have required the third party's consent or concurrence.

(4) In sub-paragraph (3) above, "third party" means a person other than a health service authority.

(5) In this paragraph and paragraph 21 below, "health service authority" means the National Assembly for Wales, a Health Authority, a Local Health Board or an NHS trust in Wales.

21 (1) Stamp duty is not chargeable in respect of any transfer to a Local Health Board effected by or under a transfer order.

(2) Where it becomes necessary, for the purpose of a transfer by or under a transfer order, to apportion any property, rights or liabilities, the order may contain such provisions as appear to the National Assembly for Wales to be appropriate for the purpose.

(3) Where a transfer order transfers (or provides for the transfer of) any property or rights to which paragraph 20(3) above applies, the order must contain such provisions as appear to the National Assembly for Wales to be appropriate to safeguard the interests of third parties (within the meaning of that sub-paragraph), including, where appropriate, provision for the payment of compensation of an amount to be determined in accordance with the order.

(4) A certificate issued by the National Assembly for Wales that--

(a) any specified property;

(b) any specified interest in or right over any property; or

has been vested in a Local Health Board by or under a transfer order is conclusive evidence of that fact for all purposes.

In this sub-paragraph, "specified" means specified in the certificate.

(5) A transfer order may include provision for matters to be settled by arbitration by a person determined in accordance with the order.

(6) Paragraph 20 above and this paragraph do not prejudice--

(a) any existing power of a health service authority to transfer property, rights or liabilities to a Local Health Board;

(b) the extent of the power conferred by section 126(4) above.

Transfer of staff

22 (1) The National Assembly for Wales may by order transfer to a Local Health Board any specified description of employees to which this paragraph applies.

(2) This paragraph applies to employees of--

(a) a Health Authority;

(b) an NHS trust in Wales;

(3) An order may be made under this paragraph only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred.

23 (1) The contract of employment of an employee transferred under paragraph 22 above--

(a) is not terminated by the transfer; and

(b) has effect from the date of the transfer as if originally made between the employee and the Local Health Board to which he is transferred.

(2) Without prejudice to sub-paragraph (1) above--

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