Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

(The document as of February, 2008)

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(d) persons providing primary medical services or primary dental services under a general medical services contract or a general dental services contract or in accordance with section 28C arrangements " .

(3) In subsection (6)(a), for "Part II" substitute "this Act".

28 In section 77, at the end insert--

" (4) This section does not apply in relation to the provision of any relevant dental service (within the meaning of section 79 below). "

29 In section 78(3), for "paragraphs 2 and 5" substitute "paragraph 2".

30 In section 83(a), for "to 79" substitute "and 78".

31 In section 83A(1)(a), for the words from "section 77(1)" to "1997" substitute "section 77(1), 78(1) or 79 above".

32 In section 85(1)--

(a) insert "or" at the end of paragraph (bbb);

(b) omit paragraph (e).

33 (1) Section 98 is amended as follows.

(2) In subsection (1)--

(a) insert "and" at the end of paragraph (dd);

(b) omit paragraph (e) and the preceding "and".

(3) In subsection (4)--

(a) in paragraph (a), omit the words from ", other than" to the end;

(b) omit paragraph (b).

34 In section 99(1)--

(a) insert "and" at the end of paragraph (bb);

(b) omit paragraph (f) and the preceding "and".

35 In section 100(1)--

(a) insert "and" at the end of paragraph (b);

(b) omit paragraph (e) and the preceding "and".

36 In section 103(1)(a)--

(a) after "in respect of" insert "primary medical services or primary dental services provided by any person under Part 1 of this Act or of";

(b) omit "or in accordance with section 28C arrangements".

37 In section 105(2)(a), for the words from "as part of" to "arrangements" substitute "in the provision under this Act of primary medical services for that person".

38 In section 126(4), after "19A(7) above" insert ", or by section 28E(3A), 28N, 28T or 28U above,".

39 In section 128(1), at the appropriate places in alphabetical order insert--

" "general dental services contract" has the meaning given by section 28K above; " ;

" "general medical services contract" has the meaning given by section 28Q above; " ;

" "primary dental services" means services which are primary dental services for the purposes of Part 1 (see section 16CA); " ;

" "primary medical services" means services which are primary medical services for the purposes of Part 1 (see section 16CC). "

40 (1) In Schedule 7A, paragraph 3 is amended as follows.

(2) In sub-paragraph (1)--

(a) after paragraph (f) insert--

" (fa) persons providing primary medical services or primary dental services under Part 1 of this Act; " .

(b) in paragraph (g), omit the words from "or under" to "this Act".

(3) In sub-paragraph (2), for "(1)(g)" substitute "(1)(fa), (g)".

41 In Schedule 8A, in paragraph 1(5), for the words from "personal medical" to the end substitute "primary medical services or primary dental services under any provision of, or made under, this Act."

42 (1) Schedule 9A is amended as follows.

(2) In paragraph 6, for paragraphs (a) and (b) substitute--

" (a) health care professional of each description prescribed under section 28X above, provided that each such health care professional appointed is included in a list under that section; " .

(3) At the end of paragraph 6 insert--

" For the purposes of paragraph (a) above, "health care professional" has the same meaning as in section 28X above. "

(4) In paragraph 10--

(a) after "49N above" insert "or for the purposes of regulations under section 28X above containing provision corresponding to those sections";

(b) for paragraph (a) substitute--

" (a) if the practitioner is a health care professional of a description prescribed under section 28X above, one member of the panel must be a health care professional of the same description;

(aa) if the practitioner is of a description referred to in paragraph 6(c) or (d) above, one member of the panel must be a practitioner of that description; and " .

(5) In paragraph 17(c), at the end insert "or under any provision of regulations under section 28X above corresponding to that provision".

43 In Schedule 10, in paragraph 3, for "general medical services or personal medical services" substitute "or performed services as specified in section 54(1)".

44 In Schedule 12, in paragraph 1(1)(b), for "accordance with section 28C arrangements or"" substitute "the provision of primary medical services under Part 1 or in accordance with".

45 In Schedule 12A, insert "or" after paragraphs 1(2)(b), 2(2)(a), 4(2)(aa), 5(2)(a), 6A(2)(b) and 6B(2)(a).

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

46 (1) Section 17D of the National Health Service (Scotland) Act 1978 is amended as follows.

(2) In subsection (1)--

(a) in paragraph (b)(ii), after "arrangements or" insert "primary medical services in accordance with";

(b) in paragraph (c)(ii), after "arrangements or" insert "primary dental services in accordance with".

(3) In subsection (2), in the definition of "NHS employee"--

(a) in paragraph (b)(ii), after "arrangements or" insert "primary medical services in accordance with";

(b) in paragraph (c)(i), for "36(1)(a)" substitute "28X";

Medical Act 1983 (c. 54)

47 The Medical Act 1983 is amended as follows.

48 In section 11(4), in the definition of "medical practice"--

(a) after "practitioners--" insert--

" (za) perform primary medical services under Part 1 of the National Health Service Act 1977; or " ;

(b) in paragraph (a), omit "Part II of the National Health Service Act 1977,";

49 In section 12(2)(a), for "general medical services under Part II of the National Health Service Act 1977," substitute "primary medical services under Part 1 of the National Health Service Act 1977 or general medical services under".

Dentists Act 1984 (c. 24)

50 In section 40(2) of the Dentists Act 1984, after paragraph (a) insert--

" (aa) by a person providing primary dental services under section 28C of the National Health Service Act 1977 or under a contract under section 28K of that Act, or " .

Community Health Councils (Access to Information) Act 1988 (c. 24)

51 In section 1(6) of the Community Health Councils (Access to Information) Act 1988, in the paragraph 6B inserted into Schedule 12A of the Local Government Act 1972 (c. 70)--

(a) after paragraph (a) insert--

" (aa) any particular person who is or was formerly included in, or is an applicant for inclusion in, a list under section 28X of that Act; or

(ab) any particular person who is or was formerly providing services under a contract under section 28K or section 28Q of that Act; or " ;

(b) in paragraph (b), for "such a person" substitute "a person mentioned in paragraphs (a) to (ab) above".

Copyright, Designs and Patents Act 1988 (c. 48)

52 In section 240(4) of the Copyright, Designs and Patents Act 1988--

(a) after "providing--" insert--

" (za) primary medical services or primary dental services under Part 1 of the National Health Service Act 1977 " ;

(b) in paragraph (a)(i), after "1977" insert "(in the case of pharmaceutical services)";

Health and Medicines Act 1988 (c. 49)

53 The Health and Medicines Act 1988 has effect subject to the following amendments.

54 In section 12(1)--

(a) omit "The Dental Estimates Board shall be renamed as "the Dental Practice Board" and";

(b) in paragraph (a), omit "for any reference to the Dental Estimates Board there were substituted a reference to the Dental Practice Board and";

(i) omit "the Dental Estimates Board or",

(ii) for "either or both of those Boards" substitute "that Board", and

(iii) omit "the Dental Practice Board and".

55 In section 17(1)--

(a) omit "29, 36";

(b) for "39 or 42" substitute "38, 39, 41 or 42".

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

56 (1) Section 18 of the National Health Service and Community Care Act 1990 is amended as follows (for so long as it has effect).

(2) In subsection (1), for "Health Authority", in each place, substitute "Local Health Board".

(3) In subsection (3), for paragraphs (a) and (b) substitute--

" (a) a person or body who has entered into a contract under section 28Q of the principal Act, otherwise than in partnership; or

(b) two or more individuals practising in partnership who together have entered into such a contract, " .

(4) In subsections (4) and (5), for "Health Authority", in each place, substitute "Local Health Board".

(5) At the end insert--

" (9) In this section, references to the "relevant" Primary Care Trust or Local Health Board, in relation to a practice, are to the Primary Care Trust or Local Health Board with which it has entered into a contract under section 28Q of the principal Act. "

Access to Health Records Act 1990 (c. 23)

57 (1) The Access to Health Records Act 1990 is amended as follows.

(2) In section 1, in subsection (2), for paragraph (a) substitute--

" (a) in the case of a record made by a health professional performing primary medical services under a general medical services contract made with a Primary Care Trust or Local Health Board, the person or body who entered into the contract with the Trust or Board (or, in a case where more than one person so entered into the contract, any such person);

(aa) in the case of a record made by a health professional performing such services in accordance with arrangements under section 28C of that Act with a Primary Care Trust, Strategic Health Authority or Local Health Board, the person or body which made the arrangements with the Trust, Authority or Board (or, in a case where more than one person so made the arrangements, any such person); " .

(3) In that subsection, in paragraph (b), after "by a health service body" insert "(and not falling within paragraph (aa) above)".

(4) In section 7--

(a) in subsection (2), omit the words from "(other" to "section 1(2)(a) above)"; and

(b) omit subsection (3).

(5) In section 11--

(a) at the appropriate place, insert--

" "general medical services contract" means a contract under section 28Q of the National Health Service Act 1977; " ;

(b) omit the definition of "general practitioner".

(6) This paragraph extends to England and Wales only.

Water Industry Act 1991 (c. 56)

58 In Schedule 4A to the Water Industry Act 1991, for paragraph 7 substitute--

" 7. Premises not falling within paragraph 5 or 6 above which are used for the provision of primary medical services or primary dental services under Part 1 of the National Health Service Act 1977. "

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

59 (1) Section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

(2) In paragraph (a), omit "28C, 29, 35".

(3) Renumber the existing provision as subsection (1).

(4) After that provision insert--

" (2) In this Act "worker" also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services--

(a) in accordance with arrangements made by a Primary Care Trust, Strategic Health Authority or Local Health Board under section 28C of the National Health Service Act 1977; or

(b) under a contract under section 28K or 28Q of that Act entered into by him with a Primary Care Trust or Local Health Board,

and "employer" in relation to such an individual, regarded in that capacity, means that Trust, Authority or Board. "

Health Service Commissioners Act 1993 (c. 46)

60 The Health Service Commissioners Act 1993 has effect subject to the following amendments.

61 In section 2--

(a) in subsection (1)(c), for the words from "exercising" to the end substitute "not exercising functions only or mainly in Wales";

(b) in subsection (2)(b), for the words from "exercising" to the end substitute "not exercising functions only or mainly in England".

62 (1) Section 2A is amended as follows.

(2) In subsection (1)--

(a) for paragraph (a) substitute--

" (a) persons (whether individuals or bodies) providing services under a contract entered into by them with a Primary Care Trust under section 28K or 28Q of the National Health Service Act 1977 " ;

(b) in paragraph (c), for "personal", in both places, substitute "primary".

(3) In subsection (2)--

(a) for paragraph (a) substitute--

" (a) persons (whether individuals or bodies) providing services under a contract entered into by them with a Local Health Board under section 28K or 28Q of the National Health Service Act 1977; " ;

(b) in paragraph (c), for "personal", in both places, substitute "primary".

63 In section 6(5)--

(a) omit "29, 36";

(b) for "39 or 42" substitute "38, 39, 41 or 42".

64 In section 18(1), after "partly" insert "or wholly".

Employment Rights Act 1996 (c. 18)

65 (1) Section 43K of the Employment Rights Act 1996 is amended as follows.

(2) In subsection (1), after paragraph (b) insert--

" (ba) works or worked as a person performing services under a contract entered into by him with a Primary Care Trust or Local Health Board under section 28K or 28Q of the National Health Service Act 1977, " .

(3) In subsection (2), after paragraph (a) insert--

" (aa) in relation to a worker falling within paragraph (ba) of that subsection, the Primary Care Trust or Local Health Board referred to in that paragraph, " .

Education Act 1996 (c. 56)

66 In section 520(1) of the Education Act 1996, for "(1A)" substitute "16CB".

Health Act 1999 (c. 8)

67 In Schedule 3 to the Health Act 1999, in paragraph 11(2)--

(a) in sub-paragraph (c), for the words from "provide" to "under" substitute "perform primary medical services under Part 1 of";

(b) in sub-paragraph (d), for the words from "provide" to "under" substitute "perform primary dental services under Part 1 of".

Freedom of Information Act 2000 (c. 36)

68 In Schedule 1 to the Freedom of Information Act 2000, in Part 3, before paragraph 44 insert--

" 43A Any person providing primary medical services or primary dental services--

(a) in accordance with arrangements made under section 28C of the National Health Service Act 1977; or

(b) under a contract under section 28K or 28Q of that Act;

in respect of information relating to the provision of those services. "

Health and Social Care Act 2001 (c. 15)

69 The Health and Social Care Act 2001 has effect subject to the following amendments.

70 Section 18 shall cease to have effect.

71 In section 28(4), for the words from "personal medical services" to the end substitute "primary medical services or primary dental services under any provision of, or made under, the 1977 Act."

72 (1) Schedule 1 is amended as follows.

(2) For paragraphs 11 and 12 substitute--

" 11 Information relating to a particular person who--

(a) is or was formerly providing primary medical services or primary dental services under a contract under section 28K or 28Q of the 1977 Act;

(b) is or was formerly included in, or is an applicant for inclusion in, a list under section 28X of the 1977 Act. "

(3) In paragraph 13, for ", 11 or 12" substitute "or 11".

73 In Schedule 2, in paragraph 5(2), for paragraphs (c) and (d) substitute--

" (c) primary medical services provided under Part 1 of the 1977 Act. "

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

74 (1) Section 17 of the National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

(2) In subsection (1)--

(a) after paragraph (f) insert--

" (fa) persons providing primary medical services or primary dental services under Part 1 of the 1977 Act, " ; and

(b) in paragraph (g), omit the words from "or under" to "that Act".

(3) In subsection (2), for "(1)(g)" substitute "(1)(fa), (g)".

Section 187

SCHEDULE 12 Privy Council appointments

Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)

1 (1) The Pharmacy Act 1954 is amended as follows.

(2) In section 15 (appointment of certain members to the Council of the Pharmaceutical Society of Great Britain) after subsection (2) there are inserted the following subsections--

" (3) Subsection (4) applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(4) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under this section in relation to--

(a) the appointment of members to the Council;

(b) the period for which a person appointed is to hold office. "

(3) In Schedule 1 (the Statutory Committee) after paragraph 3 there is inserted the following paragraph--

" 3A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under paragraph 1 in relation to the appointment and removal of the chairman of the committee.

(3) If the Privy Council give a direction as mentioned in sub-paragraph (2) for so long as the direction remains in force and for the purposes (if any) specified in the direction paragraph 3(2)(b) must be construed as if the reference to the Clerk to the Privy Council is a reference to the Special Health Authority. "

Medical Act 1983 (c. 54)

2 (1) Schedule 1 to the Medical Act 1983 (the General Medical Council) is amended as follows.

(2) In paragraph 4(1) (nominated members) for the words "Her Majesty on the advice of Her Privy Council" there are substituted "the Privy Council".

(3) After paragraph 4 there is inserted--

" 4ZA (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under paragraph 4 in relation to the nomination of persons to be nominated members of the Council. "

Dentists Act 1984 (c. 24)

3 (1) Schedule 1 to the Dentists Act 1984 (the General Dental Council) is amended as follows.

(2) In paragraph 1 (constitution) in sub-paragraph (5) for "paragraph 2" there is substituted "paragraphs 2 and 2A".

(3) In paragraph 2 (lay members) for sub-paragraphs (2) and (3) there are substituted the following--

" (2) The lay members shall be appointed by the Privy Council.

(3) The lay members must include at least one person from each of England, Scotland, Wales and Northern Ireland.

(4) A person is from England, Scotland, Wales or Northern Ireland (as the case may be) if he lives or works there or mainly lives or works there. "

(4) After paragraph 2 there is inserted the following paragraph--

" 2A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under paragraph 2 in relation to--

(a) the appointment of persons to be lay members of the Council;

(b) the termination of such an appointment. "

Opticians Act 1989 (c. 44)

4 In Schedule 1 to the Opticians Act 1989 (the General Optical Council) after paragraph 2 there is inserted the following paragraph--

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction--

(a) its functions under paragraphs 1 and 2 in relation to the nomination of persons to be members of the Council;

(b) its functions under paragraph 8 in relation to the nomination of the Chairman of the Council. "

Osteopaths Act 1993 (c. 21)

5 In the Schedule to the Osteopaths Act 1993 after paragraph 11 (members of the General Council appointed by the Privy Council) there is inserted the following paragraph--

" 11A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under paragraphs 1 and 11 in relation to the appointment of members of the Council. "

Chiropractors Act 1994 (c. 17)

6 In Schedule 1 to the Chiropractors Act 1994 after paragraph 11 (members of the General Council appointed by the Privy Council) there is inserted the following paragraph--

The Nursing and Midwifery Order 2001 (S.I. 2002/253)

7 In Schedule 1 to the Nursing and Midwifery Order 2001 (the Nursing and Midwifery Council) after paragraph 15 (powers of the Council) there is inserted the following paragraph--

" Privy Council functions

15A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under this Part of this Schedule in relation to the appointment, replacement and removal of members of the Council. "

The Health Professions Order 2001 (S.I. 2002/254)

8 In Schedule 1 to the Health Professions Order 2001 (the Health Professions Council) after paragraph 16 (powers of the Council) there is inserted the following paragraph--

" Privy Council functions

16A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.

Section 190

SCHEDULE 13 Amendments consequential on the abolition of the Public Health Laboratory Service Board

Parliamentary Commissioner Act 1967 (c. 13)

1 In paragraph 8(1) of Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to examination) the words "or by the Public Health Laboratory Service Board" are omitted.

House of Commons Disqualification Act 1975 (c. 24)

2 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) the entry relating to the Chairman of the Public Health Laboratory Service Board is omitted.

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