Introductory Text

Part 1 NHS foundation trusts

Introductory

1.NHS foundation trusts
2.Independent Regulator of NHS Foundation Trusts
3.General duty of regulator

Authorisation

4.Applications by NHS trusts
5.Other applications
6.Authorisation of NHS foundation trusts
7.Effect of authorisation
8.Amendments of constitution
9.Variation of authorisation
10.Register of NHS foundation trusts

Financial matters

11.Power of Secretary of State to give financial assistance
12.Prudential borrowing code
13.Public dividend capital

Functions

14.Authorised services
15.Private health care
16.Protection of property
17.Financial powers
18.General powers
19.Information
20.Entry and inspection of premises
21.Fees
22.Trust funds and trustees

Failure

23.Failing NHS foundation trusts
24.Voluntary arrangements
25.Dissolution etc.
26.Sections 24 and 25: supplementary

Mergers

27.Mergers
28.Section 27: supplementary

Co-operation
29.Co-operation between NHS bodies

Patient and public involvement

30.Public involvement and consultation
31.Patients' Forums
32.Commission for Patient and Public Involvement in Health

Miscellaneous

33.Taxation
34.Other amendments relating to NHS foundation trusts
35.Conduct of elections
36.Offence
37.Representative membership
38.Audit
39.General duty of NHS foundation trusts

Supplementary
40.Interpretation of Part 1

Part 2 Standards

Chapter 1 Regulatory bodies

41.The Commission for Healthcare Audit and Inspection
42.The Commission for Social Care Inspection
43.Transfer of property etc to CHAI and CSCI
44.Abolition of former regulatory bodies

Chapter 2 NHS health care: introductory

45.Quality in health care
46.Standards set by Secretary of State
47.Standards set by Assembly

Chapter 3 NHS health care: functions of CHAI

Healthcare provided by and for NHS bodies

48.Introductory
49.National performance data
50.Annual reviews
51.Reviews: England and Wales
52.Reviews and investigations: England
53.Failings
54.Functions relating to Secretary of State and Assembly
55.Reviews of data
56.Co-ordination of reviews

Other functions

57.Studies as to economy, efficiency etc
58.Additional functions

Supplementary

59.Criteria
60.Provision of material
61.Co-operation between CHAI and the regulator
62.Fees
63.Fees: Wales
64.Reports and information
65.Co-operation between CHAI and the Audit Commission
66.Right of entry
67.Right of entry: supplementary
68.Power to require documents and information etc
69.Power to require explanation

Chapter 4 NHS health care: functions of National Assembly for Wales

Reviews and investigations

70.Reviews and investigations relating to Wales
71.Reporting to Secretary of State and regulator

Ancillary powers

72.Right of entry
73.Right of entry: supplementary
74.Power to require documents and information
75.Power to require explanation

Chapter 5 Social services: functions of CSCI

Provision of social services

76.Introductory
77.Information and advice
78.Review of studies and research
79.Annual reviews
80.Other reviews and investigations
81.Failings

Other functions

82.Studies as to economy, efficiency etc
83.Joint working with Audit Commission
84.Additional functions

Supplementary

85.Criteria
86.Fees
87.Reports and information
88.Right of entry
89.Right of entry: supplementary
90.Power to require information etc
91.Power to require explanation

Chapter 6 Social services: functions of National Assembly for Wales

Provision of social services

92.General function
93.Reviews of studies and research
94.Reviews and investigations
95.Studies as to economy, efficiency etc
96.Additional functions
97.General considerations

Ancillary powers

98.Right of entry
99.Right of entry: supplementary
100.Power to require information
101.Power to require explanation

Chapter 7 Functions under the Care Standards Act 2000

Functions of CHAI and CSCI

102.Transfer of functions to CHAI and CSCI
103.General functions of CHAI
104.General functions of CSCI
105.Fees

Miscellaneous

106.Meaning of “independent medical agency”
107.Children’s homes providing secure accommodation
108.Information and inspection
109.Assembly: duties relating to children

Chapter 8 Other functions of CSCI

110.Boarding schools and colleges
111.Boarding schools and colleges: reports
112.Secure training centres

Chapter 9 Complaints

113.Complaints about health care
114.Complaints about social services
115.Complaints regulations: supplementary
116.Further consideration of representations under the Children Act 1989
117.Representations relating to special guardianship support services
118.Complaints about handling of complaints
119.Complaints: data protection

Chapter 10 Supplementary and general

Joint working

120.Co-operation etc
121.Reviews and investigations
122.Joint annual reviews
123.Power to assist

Arrangements with public authorities

124.Arrangements with Ministers etc: CHAI
125.Arrangements with Ministers etc: CSCI
126.Arrangements with the Isle of Man and Channel Islands: CHAI
127.Arrangements with the Isle of Man and Channel Islands: CSCI

Reports

128.Reports: CHAI
129.Reports: CSCI

Relationship with government

130.Duty to have regard to government policy: CHAI
131.Duty to have regard to government policy: CSCI
132.Failure in discharge of functions: CHAI
133.Failure in discharge of functions: CSCI

Inquiries

134.Inquiries: CHAI
135.Inquiries: CSCI

Information

136.Disclosure of information obtained by CHAI
137.Section 136: defence
138.Information obtained by CHAI: supplementary
139.Information obtained by CSCI: supplementary
140.Code of practice: CHAI
141.Code of practice: CSCI

Wales: supplementary

142.Annual reports of Assembly
143.Use by Assembly of information
144.Inquiries: Wales
145.Co-operation between Assembly and CHAI

General

146.Offences by bodies corporate
147.Minor and consequential amendments
148.Interpretation of Part 2
149.References to the provision of health care

Part 3 Recovery of NHS charges

NHS charges
150.Liability to pay NHS charges

Certificates of NHS charges

151.Applications for certificates of NHS charges
152.Section 151: supplementary
153.Information contained in certificates

Recovery of NHS charges

154.Payment of NHS charges
155.Recovery of NHS charges

Review and appeal

156.Review of certificates
157.Appeal against a certificate or a waiver decision
158.Appeal tribunals
159.Appeal to Social Security Commissioner

Information

160.Provision of information
161.Use of information held by the Secretary of State or the Scottish Ministers etc.

Payments to hospitals or ambulance trusts
162.Payment of NHS charges to hospitals or ambulance trusts

Miscellaneous and general

163.Regulations governing lump sums, periodical payments etc
164.Liability of insurers
165.Power to apply Part 3 to treatment at non-health service hospitals
166.The Crown
167.Regulations
168.Interpretation of Part 3
169.Consequential and minor repeals

Part 4 Dental and medical services

Primary dental services

170.Provision of primary dental services
171.Dental public health
172.General dental services contracts
173.General dental services: transitional

Primary medical services

174.Provision of primary medical services
175.General medical services contracts
176.General medical services: transitional

Primary dental and medical services: supplementary

177.Arrangements under section 28C of the 1977 Act
178.Abolition of pilot schemes
179.Persons performing primary medical and dental services
180.Assistance and support

Dental services: miscellaneous

181.Abolition of Dental Practice Board
182.Special Health Authorities
183.Charges for dental services

General
184.Minor and consequential amendments

Part 5 Miscellaneous

Welfare Food Schemes

185.Replacement of the Welfare Food Schemes: Great Britain
186.Replacement of the Welfare Food Schemes: Northern Ireland

Appointments and employment

187.Appointments to certain health and social care bodies
188.Appointments to certain health and social care bodies: joint functions
189.Validity of clearance for employment in certain NHS posts

Public Health Laboratory Service Board
190.Abolition of Public Health Laboratory Service Board

Other provisions

191.Loans by Secretary of State to NHS trusts
192.Amendment of provision relating to reform of Welsh health authorities

Part 6 Final provisions

193.Financial provisions
194.Interpretation
195.Orders and regulations
196.Repeals and revocations
197.Wales
198.Isles of Scilly
199.Commencement
200.Transitional or transitory provision and savings
201.Supplementary and consequential provision
202.Extent
203.Short title

SCHEDULES

SCHEDULE 1
Constitution of public benefit corporations

Requirement for a constitution

1.(1) A public benefit corporation is to have a constitution....
2.The constitution is to name the corporation and, if the...

Eligibility for membership
3.(1) The persons who may become or continue as members...

Constituencies

4.(1) Members of a public benefit corporation are referred to...
5.The constitution is to require a minimum number of members...

Becoming a member
6.(1) An individual who is eligible to become a member...

Board of Governors

7.(1) A public benefit corporation is to have a board...
8.(1) The following may not become or continue as members...
9.(1) More than half of the members of the board...
10.(1) An elected member of the board of governors may...
11.The corporation may pay travelling and other expenses to members...
12.The constitution is to provide for the chairman of the...
13.(1) The constitution is to provide for meetings of the...
14.(1) The constitution is to make provision as to—

Directors

15.(1) A public benefit corporation is to have a board...
16.(1) The board is to consist of—
17.(1) It is for the board of governors at a...
18.(1) It is for the board of governors at a...

Initial directors of former NHS trusts
19.(1) This paragraph applies, where the application for authorisation is...

Register of members etc.

20.(1) A public benefit corporation is to have—
21.The constitution is to make provision for dealing with conflicts...
22.(1) A public benefit corporation is to make the following...

Auditor
23.(1) A public benefit corporation is to have an auditor....

Accounts

24.(1) A public benefit corporation is to keep accounts in...
25.(1) A public benefit corporation is to prepare in respect...

Annual reports and forward plans

26.(1) A public benefit corporation is to prepare annual reports...
27.(1) A public benefit corporation is to give information as...

Meeting of board of governors to consider annual accounts and reports
28.The following documents are to be presented to the board...

Instruments etc.
29.(1) The constitution is to make provision for the authentication...

SCHEDULE 2
Independent Regulator of NHS Foundation Trusts

Membership
1.(1) The regulator is to consist of a number of...

Tenure of office
2.(1) A person is to hold and vacate office as...

Remuneration and pensions
3.(1) The regulator is to pay to the chairman—

Staff
4.The regulator may, after consulting the Minister for the Civil...

Superannuation
5.(1) Sub-paragraph (2) applies where— (a) a person is an...

Procedure
6.(1) The regulator may regulate its own procedure and make...

Delegation of functions
7.Anything which the regulator is authorised or required to do...

General powers
8.(1) The regulator may do anything which appears to it...

Specific powers
9.(1) The regulator may with the consent of the Secretary...

Finance
10.The Secretary of State may make contributions towards the regulator’s...

Reports and other information

11.(1) As soon as possible after the end of each...
12.(1) The regulator must keep accounts in such form as...
13.The regulator must respond in writing to any recommendation which—...

Seal and evidence

14.The application of the regulator’s seal is to be authenticated...
15.A document purporting to be duly executed under the regulator’s...

General
16.(1) The regulator is not to be regarded as the...

Amendments

17.In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....
18.In Part 3 of Schedule 1 to the House of...
19.In Part 3 of Schedule 1 to the Northern Ireland...

SCHEDULE 3
Transfer of staff

1.An order under section 25(3) may provide for the transfer...
2.The contract of employment of an employee transferred under such...
3.Where an employee is so transferred— (a) all the rights,...
4.But if the employee informs the trust or the proposed...
5.This Schedule does not prejudice any right of an employee...
6.In this Schedule, “date of transfer” means the date decided...

SCHEDULE 4
Amendments relating to NHS foundation trusts

The Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

1.The Voluntary Hospitals (Paying Patients) Act 1936 is amended as...
2.In section 1 (definitions), in the definition of “voluntary hospital”,...

The National Assistance Act 1948 (c. 29)

3.The National Assistance Act 1948 is amended as follows.
4.In section 24 (authority liable for provision of accommodation), in...

The Public Records Act 1958 (c. 51)

5.The Public Records Act 1958 is amended as follows.
6.In Schedule 1 (definition of public records), in the Table...

The Human Tissue Act 1961 (c. 54)

7.The Human Tissue Act 1961 is amended as follows.
8.In section 1 (removal of parts of bodies for medical...

The Abortion Act 1967 (c. 87)

9.The Abortion Act 1967 is amended as follows.
10.In section 1 (medical termination of pregnancy), in subsection (3),...

The Leasehold Reform Act 1967 (c. 88)

11.The Leasehold Reform Act 1967 is amended as follows.
12.In section 28 (retention or assumption of land required for...

The Health Services and Public Health Act 1968 (c. 46)

13.The Health Services and Public Health Act 1968 is amended...
14.In section 63 (provisions of instruction for officers of hospital...

The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

15.The Employers' Liability (Compulsory Insurance) Act 1969 is amended as...
16.In section 3 (employers exempted from insurance), in subsection (2)(a),...

The Local Government Act 1972 (c. 70)

17.The Local Government Act 1972 is amended as follows.
18.In section 113 (placing of staff of local authorities at...

The House of Commons Disqualification Act 1975 (c. 24)

19.The House of Commons Disqualification Act 1975 is amended as...
20.In Part 3 of Schedule 1 (disqualifying offices), there is...

The Race Relations Act 1976 (c. 74)

21.The Race Relations Act 1976 is amended as follows.
22.In Schedule 1A (bodies and other persons subject to general...

The National Health Service Act 1977 (c. 49)

23.The 1977 Act is amended as follows.
24.In section 18A (provision of services etc. by PCTs), in...
25.In section 22 (co-operation between health authorities and local authorities),...
26.In section 28 (supply of goods and services by local...
27.In section 28A (power to make payments towards expenditure on...
28.In section 63 (hospital accommodation on part payment), in subsection...
29.In section 65 (accommodation and services for private patients), in...
30.In section 81 (charges for more expensive supplies), in paragraph...
31.In section 82 (charges for repairs and replacements in certain...
32.In section 83A (remission and repayment of charges and payment...
33.In section 84 (inquiries), in subsection (1), at the end...
34.In section 91 (private trusts for hospitals), in subsection (3),...
35.In section 92 (further transfers of trust property)—
36.In section 96 (trusts: supplementary provisions), any reference to sections...
37.In section 96A (powers of health bodies to raise money...
38.In section 103 (special arrangement as to payment of remuneration),...
39.In section 105 (payments for certain medical examinations), in subsection...
40.In section 122 (recovery of charges), in subsection (1), after...
41.In section 125 (protection of members and officers of authorities)—...
42.In section 128 (interpretation and construction), in subsection (1), in...
43.In Schedule 5A (Primary Care Trusts), in paragraph 20(1), after...
44.In Schedule 8A (local pharmaceutical services schemes), in paragraph 1(8),...
45.In Schedule 12A (expenditure of Health Authorities and Primary Care...

The Acquisition of Land Act 1981 (c. 67)

46.(1) An NHS foundation trust may be authorised to purchase...
47.The Acquisition of Land Act 1981 is amended as follows....
48.In section 16 (statutory undertakers' land excluded from compulsory purchase),...
49.In section 17 (local authority and statutory undertakers' land), in...

The Mental Health Act 1983 (c. 20)

50.The Mental Health Act 1983 is amended as follows.
51.In section 12 (general provisions as to medical recommendation), in...
52.In section 19 (regulations as to transfer of patients), in...
53.In section 23 (discharge of patients)— (a) in subsection (3),...
54.In section 24 (visiting and examination by patients), in subsection...
55.In section 32 (regulations for purposes of Part 2), in...
56.In section 139 (protection for acts done in pursuance of...
57.In section 145 (interpretation), in subsection (1), after paragraph (bb)...

The National Audit Act 1983 (c. 44)

58.The National Audit Act 1983 is amended as follows.
59.In section 6 (public departments etc.), in subsection (3)(b), at...

The Public Health (Control of Disease) Act 1984 (c. 22)

60.The Public Health (Control of Disease) Act 1984 is amended...
61.In section 13 (regulations for control of certain diseases), in...
62.In section 37 (removal to hospital of person with notifiable...
63.In section 41 (removal to hospital of inmate of common...

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

64.The Disabled Persons (Services, Consultation and Representation) Act 1986 is...
65.In section 2 (rights of authorised representatives of disabled persons),...
66.In section 7 (persons discharged from hospital), in subsection (9),...

The Company Directors Disqualification Act 1986 (c. 46)

67.The Company Directors Disqualification Act 1986 is amended as follows....
68.After section 22B there is inserted— Application of Act to...

The AIDS (Control) Act 1987 (c. 33)

69.The AIDS (Control) Act 1987 is amended as follows.
70.In section 1 (periodical reports on matters relating to AIDS...

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

71.The Copyright, Designs and Patents Act 1988 is amended as...
72.In section 48 (material communicated to the Crown in the...

The Road Traffic Act 1988 (c. 52)

73.The Road Traffic Act 1988 is amended as follows.
74.In section 144 (exceptions from requirement of third-party insurance), in...

The Children Act 1989 (c. 41)

75.The Children Act 1989 is amended as follows.
76.In section 24 (persons qualifying for advice and assistance), in...
77.In section 24C (information), in subsection (2)(c), after “trust” there...
78.In section 27 (co-operation between authorities), in subsection (3)(d), for...
79.In section 47 (local authority’s duty to investigate), in subsection...
80.In section 80 (inspection of children’s homes etc. by persons...
81.In section 85 (children accommodated by health authorities and local...
82.In Schedule 2 (local authority support for children and families),...

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

83.The 1990 Act is amended as follows.
84.In section 21 (schemes for meeting losses and liabilities etc....
85.In Schedule 2 (NHS trusts)— (a) in the case of...

The Town and Country Planning Act 1990 (c. 8)
86.Sections 238 to 240 of the Town and Country Planning...

The Access to Health Records Act 1990 (c. 23)

87.The Access to Health Records Act 1990 is amended as...
88.In section 11 (interpretation), in the definition of “health service...

The Water Industry Act 1991 (c. 56)

89.The Water Industry Act 1991 is amended as follows.
90.In Schedule 4A (premises that are not to be disconnected...

The London Local Authorities Act 1991 (c. xiii)

91.The London Local Authorities Act 1991 is amended as follows....
92.In section 4 (interpretation of Part 2), in paragraph (d)...

The Health Service Commissioners Act 1993 (c. 46)

93.The Health Service Commissioners Act 1993 is amended as follows....
94.In section 2 (the bodies subject to investigation), in subsection...

The Vehicle Excise and Registration Act 1994 (c. 22)

95.The Vehicle Excise and Registration Act 1994 is amended as...
96.In Schedule 2 (exempt vehicles), in paragraph 7, after the...

The Value Added Tax Act 1994 (c. 23)

97.The Value Added Tax Act 1994 is amended as follows....
98.In Schedule 8 (zero-rating), in the Notes to Group 12,...

The Employment Rights Act 1996 (c. 18)

99.The Employment Rights Act 1996 is amended as follows.
100.In section 50 (right to time off for public duties),...
101.In section 218 (change of employer), in subsection (10), after...

The Housing Grants, Construction and Regeneration Act 1996 (c. 53)

102.The Housing Grants, Construction and Regeneration Act 1996 is amended...
103.In section 3 (ineligible applicants), in subsection (2)(f), for “or...

The Education Act 1996 (c. 56)

104.The Education Act 1996 is amended as follows.
105.In section 332 (duty of Health Authority, a Primary Care...

The Data Protection Act 1998 (c. 29)

106.The Data Protection Act 1998 is amended as follows.
107.In section 69 (meaning of “health professional”), in subsection (3),...

The Health Act 1999 (c. 8)

108.The Health Act 1999 is amended as follows.
109.In section 31 (arrangements between NHS bodies and local authorities),...

The Care Standards Act 2000 (c. 14)

110.The Care Standards Act 2000 is amended as follows.
111.In section 42 (power to extend the application of Part...
112.In section 121 (general interpretation), in subsection (1), in the...

The Freedom of Information Act 2000 (c. 36)

113.The Freedom of Information Act 2000 is amended as follows....
114.In Part 3 of Schedule 1 (National Health Service), after...

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

115.The Health and Social Care Act 2001 is amended as...
116.In section 7 (functions of overview and scrutiny committees)—
117.In section 28 (pilot schemes: local pharmaceutical services), in subsection...
118.In section 33 (NHS contracts), in subsection (1), after “body...

The Anti-terrorism, Crime and Security Act 2001 (c. 24)

119.The Anti-terrorism, Crime and Security Act 2001 is amended as...
120.In Schedule 4 (extension of existing disclosure powers), at the...

The International Development Act 2002 (c. 1)

121.The International Development Act 2002 is amended as follows.
122.In Schedule 1 (statutory bodies to which section 9 applies),...

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

123.The National Health Service Reform and Health Care Professions Act...
124.In section 23 (joint working with the prison service), in...

The Adoption and Children Act 2002 (c. 38)

125.The Adoption and Children Act 2002 is amended as follows....
126.In section 8 (adoption support agencies), in subsection (2)(d), for...

The Nationality, Immigration and Asylum Act 2002 (c. 41)

127.The Nationality, Immigration and Asylum Act 2002 is amended as...
128.In section 133 (medical inspectors), in subsection (4)(a), after sub-paragraph...

The Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

129.The Community Care (Delayed Discharges etc.) Act 2003 is amended...
130.In section 1 (meaning of “NHS body” and “qualifying hospital...

SCHEDULE 5
Audit of accounts of NHS foundation trusts

General duty
1.In auditing the accounts of any NHS foundation trust an...

Right to documents and information
2.(1) An auditor of an NHS foundation trust has a...

Reports

3.In auditing the accounts of an NHS foundation trust, the...
4.(1) When an auditor of an NHS foundation trust has...
5.(1) Any report under paragraph 3 must be sent by...

Referral to regulator
6.If the auditor of an NHS foundation trust has reason...

Audit of accounts of directors or officers
7.(1) Where a director or officer of an NHS foundation...

Restriction on disclosure of information
8.(1) No information relating to an NHS foundation trust or...

SCHEDULE 6
CHAI: supplementary

Status
1.(1) The CHAI is not to be regarded as the...

General powers and duties
2.(1) The CHAI may do anything which appears to it...

Chairman and other members
3.(1) The CHAI is to consist of—

Remuneration of chairman and other members
4.(1) The CHAI may pay to its chairman, or to...

Employees
5.(1) The CHAI must appoint a chief executive (to be...

Procedure
6.(1) The CHAI may— (a) appoint such committees and sub-committees...

Discharge of functions
7.(1) The CHAI may arrange for— (a) any of its...

Assistance
8.(1) The CHAI may arrange for such persons as it...

Payments and loans
9.(1) The Secretary of State may make payments out of...

Accounts
10.(1) The CHAI must keep its accounts in such form...

Seal and evidence

11.The application of the seal of the CHAI must be...
12.A document purporting to be duly executed under the seal...

SCHEDULE 7
CSCI: supplementary

Status
1.(1) The CSCI’s property is not to be regarded as...

General powers and duties
2.(1) The CSCI may do anything which appears to it...

Chairman and other members
3.(1) The CSCI is to consist of a chairman and...

Remuneration of chairman and other members
4.(1) The CSCI may pay to its chairman, or to...

Employees
5.(1) The CSCI must appoint a chief executive (to be...

Procedure
6.(1) The CSCI may— (a) appoint such committees and sub-committees...

Discharge of functions
7.(1) The CSCI may arrange for— (a) any of its...

Assistance
8.(1) The CSCI may arrange for such persons as it...

Payments and loans
9.(1) The Secretary of State may make payments out of...

Accounts
10.(1) The CSCI must keep its accounts in such form...

Seal and evidence

11.The application of the seal of the CSCI must be...
12.A document purporting to be duly executed under the seal...

SCHEDULE 8
CHAI and CSCI: transfers of property and staff, etc

Transfer schemes
1.(1) The Secretary of State may make one or more...

Transfer
2.The property, rights and liabilities which are the subject of...

Employment

3.The transfer by paragraph 2 of the rights and liabilities...
4.(1) Paragraph 2 does not operate to transfer the rights...
5.For the purposes of this Schedule, where a person holds...

Transitional
6.(1) Anything done by or in relation to the transferor...

SCHEDULE 9
Part 2: minor and consequential amendments

Public Records Act 1958 (c. 52)
1.In Schedule 1 to the Public Records Act 1958 (definition...

Public Bodies (Admission to Meetings) Act 1960 (c. 67)
2.In the Schedule to the Public Bodies (Admission to Meetings)...

Parliamentary Commissioner Act 1967 (c. 13)
3.In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments...

Local Authority Social Services Act 1970 (c. 42)
4.In the Local Authority Social Services Act 1970, in Schedule...

Superannuation Act 1972 (c. 11)

5.In Schedule 1 to the Superannuation Act 1972 (kinds of...
6.The CHAI and the CSCI must each pay to the...

House of Commons Disqualification Act 1975 (c. 24)
7.In the House of Commons Disqualification Act 1975, in Part...

Northern Ireland Assembly Disqualification Act 1975 (c. 25)
8.In the Northern Ireland Assembly Disqualification Act 1975, in Part...

National Health Service Act 1977 (c. 49)
9.In section 19A(2) of the 1977 Act, after paragraph (a)...

Children Act 1989 (c. 41)
10.(1) The Children Act 1989 has effect subject to the...

Health Service Commissioners Act 1993 (c. 46)
11.(1) The Health Service Commissioners Act 1993 has effect subject...

Audit Commission Act 1998 (c. 18)
12.(1) The Audit Commission Act 1998 has effect subject to...

Government of Wales Act 1998 (c. 38)
13.In Schedule 5 to the Government of Wales Act 1998,...

Protection of Children Act 1999 (c. 14)
14.In section 2A of the Protection of Children Act 1999,...

Local Government Act 1999 (c. 27)
15.In section 25(2) of the Local Government Act 1999, for...

Care Standards Act 2000 (c. 14)

16.The Care Standards Act 2000 has effect subject to the...
17.In section 5, in paragraph (a), for “the National Care...
18.(1) Section 8 is amended as follows.
19.In section 10— (a) subsection (1) is omitted; and
20.In section 11(4), for “the Commission” substitute “ the CHAI...
21.In section 23(4)(d), after the second “or” insert “ against...
22.In section 29(1)— (a) for “the Commission”, in the first...
23.In section 31— (a) in subsection (6), for “powers” substitute...
24.In section 36A for “the Commission”, in all places, substitute...
25.In section 42, at the end insert—
26.In section 45(4)— (a) omit “Subject to section 47(6)”;
27.In section 51(1), for the words from “in relation to”...
28.In section 55(3)(e)— (a) for “the Commission” substitute “ the...
29.In section 113, after subsection (1) insert—
30.In section 121, in the Table in subsection (13), insert...

Freedom of Information Act 2000 (c. 36)
31.In the Freedom of Information Act 2000, in Part 6...

Adoption and Children Act 2002 (c. 38)
32.In section 99 of the Adoption and Children Act 2002,...

SCHEDULE 10
Recovery of NHS charges: exempted payments

1.Any payment made to or for the injured person under—...
2.Any payment made in the exercise of a discretion out...
3.Any payment made out of property held for the purposes...
4.(1) Any payment made to the injured person by an...
5.Any payment which apart from this paragraph would be made...
6.Any payment to the extent that it is made—
7.Any payment to the extent that it is made in...
8.Any payment of a prescribed description, either generally or in...

SCHEDULE 11
Part 4: minor and consequential amendments

National Health Service (Amendment) Act 1949 (c. 93)
1.(1) The National Health Service (Amendment) Act 1949 (which is...

Health Services and Public Health Act 1968 (c. 46)

2.The Health Services and Public Health Act 1968 has effect...
3.(1) Section 59 is amended as follows.
4.In section 63(2)— (a) after paragraph (a) insert—
5.In section 64(3)(b), after “make arrangements” insert “ or any...

Patents Act 1977 (c. 37)
6.(1) Section 56(4)(a) of the Patents Act 1977 is amended...

National Health Service Act 1977 (c. 49)

7.The 1977 Act has effect subject to the following amendments....
8.In section 3, at the end insert—
9.In section 15(1)(a), for “general medical services, general dental services”...
10.In section 16BB(4), at the end insert “ (including functions...
11.In section 16BC(1), at the end insert “ or sections...
12.In section 18A(3)— (a) in paragraph (a), omit “general medical,...
13.(1) Section 26 is amended as follows.
14.In section 28C(1)(a) and (b), (2)(a) and (b) and (4),...
15.(1) Section 28D is amended as follows.
16.In section 28EE(2), for “personal” substitute “ primary ”.
17.In section 28I(a), for the words from “personal medical services”...
18.(1) Section 41(1) is amended as follows.
19.In section 43(1), for “general medical services or general dental...
20.In section 43D(10)— (a) omit paragraphs (a) and (b);
21.(1) Section 44 is amended as follows.
22.(1) Section 45 is amended as follows.
23.After section 45 insert— Local Medical Committees (1) A Primary Care Trust may recognise a committee formed...
24.In section 49N(1)— (a) in paragraph (a), for “49F(1)(a) to...
25.Section 53 (immunisation) shall cease to have effect.
26.(1) Section 54 (as substituted by the National Health Service...
27.(1) Section 72 is amended as follows.
28.In section 77, at the end insert—
29.In section 78(3), for “paragraphs 2 and 5” substitute “...
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...
32.In section 85(1)— (a) insert “ or ” at the...
33.(1) Section 98 is amended as follows.
34.In section 99(1)— (a) insert “ and ” at the...
35.In section 100(1)— (a) insert “ and ” at the...
36.In section 103(1)(a)— (a) after “in respect of” insert “...
37.In section 105(2)(a), for the words from “as part of”...
38.In section 126(4), after “19A(7) above” insert “ , or...
39.In section 128(1), at the appropriate places in alphabetical order...
40.(1) In Schedule 7A, paragraph 3 is amended as follows....
41.In Schedule 8A, in paragraph 1(5), for the words from...
42.(1) Schedule 9A is amended as follows.
43.In Schedule 10, in paragraph 3, for “general medical services...
44.In Schedule 12, in paragraph 1(1)(b), for “accordance with section...
45.In Schedule 12A, insert “ or ” after paragraphs 1(2)(b),...

National Health Service (Scotland) Act 1978 (c. 29)
46.(1) Section 17D of the National Health Service (Scotland) Act...

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”—
49.In section 12(2)(a), for “general medical services under Part II...

Dentists Act 1984 (c. 24)
50.In section 40(2) of the Dentists Act 1984, after paragraph...

Community Health Councils (Access to Information) Act 1988 (c. 24)
51.In section 1(6) of the Community Health Councils (Access to...

Copyright, Designs and Patents Act 1988 (c. 48)
52.In section 240(4) of the Copyright, Designs and Patents Act...

Health and Medicines Act 1988 (c. 49)

53.The Health and Medicines Act 1988 has effect subject to...
54.In section 12(1)— (a) omit “The Dental Estimates Board shall...
55.In section 17(1)— (a) omit “29, 36”;

National Health Service and Community Care Act 1990 (c. 19)
56.(1) Section 18 of the National Health Service and Community...

Access to Health Records Act 1990 (c. 23)
57.(1) The Access to Health Records Act 1990 is amended...

Water Industry Act 1991 (c. 56)
58.In Schedule 4A to the Water Industry Act 1991, for...

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
59.(1) Section 279 of the Trade Union and Labour Relations...

Health Service Commissioners Act 1993 (c. 46)

60.The Health Service Commissioners Act 1993 has effect subject to...
61.In section 2— (a) in subsection (1)(c), for the words...
62.(1) Section 2A is amended as follows.
63.In section 6(5)— (a) omit “29, 36”;
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...

Education Act 1996 (c. 56)
66.In section 520(1) of the Education Act 1996, for “(1A)”...

Health Act 1999 (c. 8)
67.In Schedule 3 to the Health Act 1999, in paragraph...

Freedom of Information Act 2000 (c. 36)
68.In Schedule 1 to the Freedom of Information Act 2000,...

Health and Social Care Act 2001 (c. 15)

69.The Health and Social Care Act 2001 has effect subject...
70.Section 18 shall cease to have effect.
71.In section 28(4), for the words from “personal medical services”...
72.(1) Schedule 1 is amended as follows.
73.In Schedule 2, in paragraph 5(2), for paragraphs (c) and...

National Health Service Reform and Health Care Professions Act 2002 (c. 17)
74.(1) Section 17 of the National Health Service Reform and...

SCHEDULE 12
Privy Council appointments

Pharmacy Act 1954 (2 & 3 Eliz 2 c. 61)
1.(1) The Pharmacy Act 1954 is amended as follows.

Medical Act 1983 (c. 54)
2.(1) Schedule 1 to the Medical Act 1983 (the General...

Dentists Act 1984 (c. 24)
3.(1) Schedule 1 to the Dentists Act 1984 (the General...

Opticians Act 1989 (c. 44)
4.In Schedule 1 to the Opticians Act 1989 (the General...

Osteopaths Act 1993 (c. 21)
5.In the Schedule to the Osteopaths Act 1993 after paragraph...

Chiropractors Act 1994 (c. 17)
6.In Schedule 1 to the Chiropractors Act 1994 after paragraph...

The Nursing and Midwifery Order 2001 (S.I. 2002/253)
7.In Schedule 1 to the Nursing and Midwifery Order 2001...

The Health Professions Order 2001 (S.I. 2002/254)
8.In Schedule 1 to the Health Professions Order 2001 (the...

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...

House of Commons Disqualification Act 1975 (c. 24)
2.In Part 3 of Schedule 1 to the House of...

Race Relations Act 1976 (c. 74)
3.In Part 2 of Schedule 1A to the Race Relations...

National Health Service Act 1977 (c. 49)
4.In the National Health Service Act 1977—

Income and Corporation Taxes Act 1988 (c. 1)
5.In section 519A(2) of the Income and Corporation Taxes Act...

National Health Service and Community Care Act 1990 (c. 19)
6.In the National Health Service and Community Care Act 1990—...

Health Service Commissioners Act 1993 (c. 46)
7.In section 2(1) of the Health Service Commissioners Act 1993...

Employment Rights Act 1996 (c. 18)
8.In section 218(10) (list of health service employers affected by...

Government of Wales Act 1998 (c. 38)
9.(1) In Schedule 5 to the Government of Wales Act...

Freedom of Information Act 2000 (c. 36)
10.In Schedule 1 to the Freedom of Information Act 2000...

International Development Act 2002 (c. 1)
11.In Schedule 1 to the International Development Act 2002 (bodies...

Nationality, Immigration and Asylum Act 2002 (c. 41)
12.In section 133(4) of the Nationality, Immigration and Asylum Act...

SCHEDULE 14
Repeals and revocations

Part 1 NHS foundation trusts
Part 2 Standards
Part 3 Recovery of NHS charges
Part 4 Dental and medical services
Part 5 Replacement of Welfare Food Schemes
Part 6 Loans by Secretary of State to NHS trusts
Part 7 Abolition of the Public Health Laboratory Service Board