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

(The document as of February, 2008)

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Members' interests

9 (1) The Council must establish and maintain a system for the declaration and registration of private interests of its members.

(2) The Council must publish entries recorded in the register of members' interests.

Remuneration and allowances

10 (1) The Council may pay to its chairman, and to any other member of the Council, such remuneration and allowances as the Secretary of State may determine.

(2) The Council may pay to any member of a committee or sub-committee of the Council such allowances as the Secretary of State may determine.

(3) If the Secretary of State so determines, the Council must provide for the payment of such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or any other member of the Council.

(4) If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of the Council to receive compensation, the Council must pay to him such compensation as the Secretary of State may determine.

Employees

11 The Council may appoint such employees as it considers appropriate on such terms and conditions as it may determine.

Delegation of functions

12 (1) The Council may arrange for the discharge of any of its functions by--

(a) a committee, sub-committee, member or employee of the Council, or

(b) any other person.

(2) If the Council does arrange for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Assistance

13 (1) The Council may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case.

(2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Payments and loans to Council

14 (1) The Secretary of State may make payments out of money provided by Parliament to the Council of such amounts, at such times and on such conditions (if any) as he considers appropriate.

(2) An appropriate authority may make payments to the Council of such amounts, at such times and on such conditions (if any) as it considers appropriate.

(3) The Secretary of State may make loans out of money provided by Parliament to the Council on such terms (including terms as to repayment and interest) as he may determine.

(4) An appropriate authority may make loans to the Council on such terms (including terms as to repayment and interest) as it may determine.

(5) The approval of the Treasury is required as to the amount and terms of any loan under sub-paragraph (3).

(6) Except as provided by sub-paragraphs (3) and (4), the Council has no power to borrow money.

(7) The Secretary of State may give directions to the Council as to the application of any sums received by it under sub-paragraph (1) or (3).

(8) An appropriate authority may give directions to the Council as to the application of any sums received by it from the authority under sub-paragraph (2) or (4).

(9) The Council must comply with any directions under sub-paragraph (7) or (8).

(10) In this paragraph, "appropriate authority" means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland.

Accounts

15 (1) The Council must keep accounts in such form as the Secretary of State may determine.

(2) The Council must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3) The Council must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4) Within that period the Council must also send copies of the annual accounts to--

(a) the Scottish Ministers,

(b) the National Assembly for Wales, and

(5) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.

(6) A copy of the accounts shall be laid before--

(a) the Scottish Parliament by the Scottish Ministers,

(b) the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety there,

and the National Assembly for Wales shall publish the accounts.

(7) In this paragraph and paragraph 16, "financial year" means--

(a) the period beginning with the date on which the Council is established and ending with the next 31st March following that date, and

(b) each successive period of 12 months ending with 31st March.

Reports and other information

16 (1) The Council must prepare a report on the exercise of its functions during each financial year.

(2) As soon as possible after the end of each financial year, the Council must lay a copy of its report for that year before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.

(3) The Council must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information.

(4) The Council must also comply with any corresponding request by--

(a) the Scottish Parliament, in relation to matters which concern a subject for which any member of the Scottish Executive has general responsibility,

(b) the Northern Ireland Assembly, in relation to transferred matters concerning Northern Ireland ("transferred matters" having the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47)).

Application of seal and evidence

17 The application of the seal of the Council must be authenticated by the signature of--

(a) any member of the Council, or

(b) any other person who has been authorised by the Council (whether generally or specially) for that purpose.

18 A document purporting to be duly executed under the seal of the Council or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Meetings of the Council in Northern Ireland

19 (1) Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c. 9) (which provides for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out below, apply in relation to meetings of the Council in Northern Ireland as they apply in relation to meetings of a district council.

(2) The modifications are--

(a) any reference to a district council shall be read as a reference to the Council, and

(b) any reference to councillors or members of the council shall be read as references to members of the Council.

Miscellaneous amendments

20 In the First Schedule to the Public Records Act 1958 (c. 51) (definition of public records), the following entry is inserted at the appropriate place in Part 2 of the Table at the end of paragraph 3--

" Council for the Regulation of Health Care Professionals. " .

21 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (c. 67) (bodies to which the Act applies), after paragraph 1(bc) there is inserted--

" (bd) the Council for the Regulation of Health Care Professionals; "

22 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), the following entry is inserted at the appropriate place--

" The Council for the Regulation of Health Care Professionals. "

23 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), the following entry is inserted at the appropriate place--

" The Council for the Regulation of Health Care Professionals. "

24 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public bodies and offices: general), the following entry is inserted at the appropriate place--

" The Council for the Regulation of Health Care Professionals. "

Section 37(1)

SCHEDULE 8 Minor and consequential amendments

The 1977 Act

1 The 1977 Act is amended as follows.

2 In section 29 (arrangements and regulations for general medical services), in subsection (8), for paragraph (c) there is substituted--

" (c) by an interim suspension order under section 41A of that Act, " .

3 In section 43C (indemnity cover), in subsection (3), for the definition of "list" there is substituted--

" "list" means a list of any kind mentioned in paragraphs (a) to (e) of section 49F below; " .

4 (1) Section 97A (financial duties of Health Authorities and Special Health Authorities) is amended as follows.

(2) In subsection (1)--

(a) after "duty of" there is inserted "every Strategic Health Authority and of",

(b) for "the Health Authority" there is substituted "the Authority", and

(3) In each of subsections (3), (6), (7) and (8), before "Health Authority", in each place where it occurs, there is inserted "Strategic Health Authority,".

(4) In subsection (9)--

(a) in paragraph (a), and in the words following paragraph (c), before "Health Authority" there is inserted "Strategic Health Authority,", and

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

5 In section 97AA (resource limits for Health Authorities and Special Health Authorities)--

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

(b) in subsection (3)(b), before "Health Authority" there is inserted "Strategic Health Authority,".

6 In section 97D (financial duties of Primary Care Trusts), in subsection (1)(b), ", apart from subsection (5A)" is omitted.

7 (1) Section 97E (resource limits for Primary Care Trusts) is amended as follows.

(2) In subsection (1), for "the Health Authority for the trust's area" there is substituted "the Secretary of State".

(3) For subsection (2A) there is substituted--

" (2A) But in specifying an amount for a Primary Care Trust under subsection (1) above (or in varying the amount under subsection (4) below), the Secretary of State may take into account (in whatever way he thinks appropriate)--

(a) any such use of resources; and

(b) the use of any resources which would have been for the purpose of the trust's general Part 2 expenditure but for an order under section 103(1) below,

during any period he thinks appropriate (or such elements of such uses of resources as he thinks appropriate). "

8 In section 104 (superannuation of officers of certain hospitals), in subsection (1)(a), for "Health Authorities" there is substituted "NHS trusts".

9 In section 105 (payments for certain medical examinations), in subsection (2)(b), after "officer of a" there is inserted "NHS trust, Primary Care Trust,".

10 In section 126 (orders, regulations and directions)--

(a) in subsection (4), after "section 16BB, 18" (substituted by section 6(3) of this Act), there is inserted "or 19A(7)", and

(b) in subsection (4A), for "directions given in accordance with section 18 above as" there is substituted "the directions".

11 In Schedule 7 (additional provisions about Community Health Councils), in paragraph 7, for the definition of "local authority" there is substituted--

" "local authority" means the council of a Welsh county or county borough, and " .

12 In Schedule 12A (expenditure of Health Authorities and Primary Care Trusts), in each of paragraphs 4(2)(b) and 5(2)(b), for "the Health Authority within whose area the area of the trust falls" there is substituted "the trust".

The Medical Act 1983 (c. 54)

13 The Medical Act 1983 is amended as follows.

14 In section 40 (appeals), in subsection (11), for "enabling directions to be given as to the costs of" there is substituted "any order as to costs (or, in Scotland, expenses) in relation to".

15 In Schedule 6 (transitional and saving provisions), in paragraph 18, "section 40(4) of this Act or" is omitted.

The Dentists Act 1984 (c. 24)

16 In section 29 of the Dentists Act 1984 (appeals), in subsection (4), for "enabling directions to be given as to the costs of" there is substituted "any order as to costs (or, in Scotland, expenses) in relation to".

The Opticians Act 1989 (c. 44)

17 In section 23 of the Opticians Act 1989 (appeals in disciplinary and other cases), in subsection (2), for "enabling directions to be given as to the costs of" there is substituted "any order as to costs (or, in Scotland, expenses) in relation to".

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

18 In section 12 of the National Health Service and Community Care Act 1990 (which relates to functions of health authorities), in subsection (4), the words after paragraph (b) are omitted.

The Local Government (Wales) Act 1994 (c. 19)

19 In Schedule 10 to the Local Government (Wales) Act 1994 (amendments relating to social services), paragraph 11(4) is omitted.

The Health Authorities Act 1995 (c. 17)

20 The Health Authorities Act 1995 is amended as follows.

21 Section 1 (which substituted section 8 of the 1977 Act) is omitted.

22 In Schedule 1 (amendments), paragraphs 32(b), 53 and 107(12)(b) are omitted.

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

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

24 In Part 2 of Schedule 2 (which makes pre-consolidation amendments), paragraphs 71(3), 73 and 75 are omitted.

The Government of Wales Act 1998 (c. 38)

25 The Government of Wales Act 1998 is amended as follows.

26 In section 27 (reform of Welsh health authorities), in subsection (7)(a), for "section 8(1) and (5)(a)" there is substituted "section 8(1)(b) and (5)(b)".

27 Section 148 (Health Authorities) is omitted.

The 1999 Act

28 The 1999 Act is amended as follows.

29 In section 18 (duty of quality), in subsection (1), at the beginning there is inserted "It is the duty of each Strategic Health Authority to put and keep in place arrangements for the purpose of monitoring and improving the quality of health care which is provided to individuals in their area, and".

30 In section 21 (arrangements with the Audit Commission), in subsection (1)(a), for "20(1)(b) or (d)" there is substituted "20(1)(b), (d), (da) or (db)".

31 In Schedule 4 (minor amendments), paragraphs 5, 31(2) and 35 are omitted.

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

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

33 In section 1 (determination of allotments to and resource limits for Health Authorities and Primary Care Trusts), subsections (4) and (5) are omitted.

34 In section 3 (supplementary payments to NHS trusts and Primary Care Trusts), subsections (3) and (4) are omitted.

35 In section 11 (public involvement and consultation)--

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

" (za) Strategic Health Authorities, " , and

(b) after subsection (3) there is inserted--

" (4) Subsection (5) applies to health services for which a Strategic Health Authority is not responsible by virtue of subsection (3), but which are provided or to be provided to individuals in the area of the Authority, and for which--

(a) a Primary Care Trust any part of whose area falls within the Authority's area, or

(b) an NHS trust which provides services at or from a hospital or other establishment or facility which falls within the Authority's area,

is responsible by virtue of subsection (3).

(5) A Strategic Health Authority may give directions to Primary Care Trusts falling within paragraph (a) of subsection (4), and NHS trusts falling within paragraph (b) of that subsection, as to the arrangements which they are to make under subsection (1) in relation to health services to which this subsection applies.

(6) It is the duty of each Primary Care Trust and each NHS trust to which such directions are given to comply with them. "

36 In section 43 (remote provision of pharmaceutical, etc, services), subsection (5) is omitted.

37 In Schedule 5 (minor and consequential amendments), paragraph 5(12)(b) is omitted.

Section 37(2)

SCHEDULE 9 Repeals

Part 1 National Health Service

Short title and chapter	Extent of repeal
Health Services and Public Health Act 1968 (c. 46)	In section 63(5B), the "and" at the end of paragraph (bb).
National Health Service Act 1977 (c. 49)	In section 17B(1), the words from "which" to the end. Section 18(1A)(b). In section 22(1A), the "or" at the end of paragraph (c). In section 28A(1), the "and" at the end of paragraph (a). In section 29B(3), the "or" at the end of paragraph (b). In section 33(1A)(b), "for areas in Wales". In section 44(2), "with the approval of the Health Authority". In section 51(3), the "and" at the end of paragraph (bb). Section 97(6)(bb) and (c) and (8). In section 103(3)(a), "or a Primary Care Trust". In section 125, the "and" at the end of paragraph (bb). In section 126(4A), the "or" at the end of paragraph (b). In Schedule 12A, in paragraph 4(2) the "or" at the end of paragraph (a); in paragraph 5(1) the "and" at the end of paragraph (a); in paragraph 5(2) the "or" at the end of paragraph (a); and in paragraph 7(3) "or Primary Care Trust".
Acquisition of Land Act 1981 (c. 67)	In section 16(3), the "and" at the end of paragraph (b).
Health Service Commissioners Act 1993 (c. 46)	In section 2, in subsection (1)(da), "established for areas in England"; and in subsection (2)(a), "whose areas are in Wales".
Government of Wales Act 1998 (c. 38)	In Schedule 5, in paragraph 20, "for an area in, or consisting of, Wales". In Schedule 17, in paragraph 12, "for an area in, or consisting of, Wales".
Health Act 1999 (c. 8)	In section 6(2), in the inserted section 28EE of the 1977 Act, subsection (1). In section 20(1), the "and" at the end of paragraph (d). In section 23(6), the definition of "NHS premises". In Schedule 2, in paragraph 7(2), the words after "Commission"; and paragraph 7(6) and (7).
Health and Social Care Act 2001 (c. 15)	In section 28(7), "or a Primary Care Trust". In Schedule 3, in the new Schedule 8A inserted by that Schedule, in paragraph 1(8), "or a Primary Care Trust".
National Health Service Reform and Health Care Professions Act 2002 (c. 17)	In Schedule 2, in paragraph 2, sub-paragraphs (3) to (5); and paragraph 55.

Part 2 Health care professions

Short title and chapter	Extent of repeal
Medical Act 1983 (c. 54)	Section 40(1)(c), (4) to (6), (9) and (10). In Schedule 4, in paragraph 3(b) "to Her Majesty in Council"; paragraph 10(2); in paragraph 10(3) "or (2)", and "or that sub-paragraph as applied by sub-paragraph (2) above". In Schedule 6, in paragraph 18, "section 40(4) of this Act or".
Dentists Act 1984 (c. 24)	Section 29(2). In section 51, the words from "(other" to "appeals)".
Osteopaths Act 1993 (c. 21)	Section 10 (10). Section 31(3) to (5) and (7). Section 35(3).
Chiropractors Act 1994 (c. 17)	Section 10(10). Section 31(3) to (5) and (7). Section 35(3).

Part 3 Miscellaneous

Short title and chapter	Extent of repeal
National Health Service Act 1977 (c. 49)	In section 97D(1)(b), ", apart from subsection (5A)".
National Health Service and Community Care Act 1990 (c. 19)	In section 12(4), the words after paragraph (b).
Local Government (Wales) Act 1994 (c. 19)	In Schedule 10, paragraph 11(4).
Health Authorities Act 1995 (c. 17)	Section 1. In Schedule 1, paragraphs 32(b), 53 and 107(12)(b).
National Health Service (Primary Care) Act 1997 (c. 46)	In Schedule 2, paragraphs 71(3), 73 and 75.
Government of Wales Act 1998 (c. 38)	Section 148.
Health Act 1999 (c. 8)	In Schedule 4, paragraphs 5, 31(2) and 35.
Health and Social Care Act 2001 (c. 15)	Section 1(4) and (5). Section 3(3) and (4). Section 43(5). In Schedule 5, paragraph 5(12)(b).

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