Contents
- Part I The National Health Service
- Part II Private Practice
- Part III Miscellaneous
- Schedule 1 Amendments consequential on changes in the local administration of the Health Service
- Schedule 2
- Schedule 3 Minor and consequential amendments of the Act of 1976
- Schedule 4 Nursing Homes and Mental Nursing Homes, etc.
- Schedule 5 Amendments of the Act of 1977 and the Scottish Act of 1978 relating to exemptions from charges for certain services and appliances
- Schedule 6 Other minor amendments
- Schedule 7 Enactments repealed
Part I · The National Health Service
Dissolution of the Central Health Services Council
Financial provisions relating to the health services in England, Wales and Scotland
3Extension of the powers to make services available to local authorities etc. under s. 26 of the Act of 1977 and s. 15 of the Scottish Act of 1978.#
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In section 15 of the Scottish Act of 1978 (which empowers the Secretary of State, Health Boards and the Agency to supply goods and services to local authorities and others), in subsection (1), in paragraph (c), after the word “by” there shall be inserted the words “ or having contacts with ”.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5Power of health authorities etc. to raise money, etc., by appeals, collections, etc.#
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)After section 84 of the Scottish Act of 1978 there shall be inserted the following section—“84A 1 A Health Board shall have power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist them in providing or improving any services or any facilities or accommodation which is or are or is or are to be provided as part of the health service or to assist them in connection with their functions with respect to research.2 A local health council shall have power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to assist them in carrying out any function conferred upon them by or under any enactment.3 Subject to any directions of the Secretary of State excluding specified descriptions of activity, the activities authorised by this section include public appeals or collections and competitions, entertainments, bazaars, sales of produce or other goods and other similar activities and the activities may involve the use of land, premises or other property held by or for the benefit of the Board or local health council exercising the power subject however to any restrictions on the purposes for which trust property may be used.4 Subject to subsections (5) and (6), the Health Board or local health council at whose instance property is given in pursuance of this section shall, after defraying out of it any expenses incurred in obtaining it, hold, administer and apply the property on trust for or for the purpose for which it was given.5 Where property held by a Health Board or local health council under this section is more than sufficient to enable the purpose for which it was given to be fulfilled, the excess shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property comprising the excess was given, for such purposes connected with any of the functions of the Board or council as the Board or council think fit.6 Where property held by a Health Board or local health council under this section is insufficient to enable the purpose for which it was given to be fulfilled then—a the Board or council may apply so much of the capital or income at their disposal as is needed to enable the purpose to be fulfilled subject, however, in the case of trust property, to any restrictions on the purposes for which the trust property may be applied, and in the case of money paid or payable by the Secretary of State under section 85(1), to any directions he may give; butb where the capital or income applicable under paragraph (a) is insufficient or is not applied to enable the purpose to be fulfilled, the property so held by the Board or the council shall be applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property was given, for such purposes connected with any of the functions of the Board or council as the Board or council think fit.7 Where under subsections (5) or (6) property becomes available for purpose other than that for which it was given, the Health Board or local health council shall have regard to the desirability of applying the property for a purpose similar to that for which it was given.”
6Provision of public money for and financial duties of health authorities, Health Boards, etc.#
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For subsections (1) and (2) of section 85 of the Scottish Act of 1978 there shall be substituted the following subsections—“1 Subject to subsection (2), there shall, in respect of each financial year, be paid by the Secretary of State sums not exceeding the amount allotted or further allotted by him for that year to each of the following bodies towards meeting the expenditure attributable to the performance by that body of their functions in that year—a the Planning Council;b every Health Board;c the Agency;d the Medical Practices Committee;e the Dental Estimates Board;f the Tribunal;g every local health council.2 Subsection (1) does not apply in respect of the expenditure of a Health Board which is attributable to the performance of their functions under Part II, but in that respect there shall, in respect of each financial year, be paid by the Secretary of State sums equal to the expenditure which he determines is attributable to the performance of those functions in that year.2A The Secretary of State may give directions to a body referred to in subsection (1) with respect to the application of the sums paid to them under that subsection and it shall be the duty of any body to whom directions have been given under this subsection to comply with the directions.”
(4)After the said section 85 there shall be inserted the following section—“85A 1 It is the duty of each such body as is referred to in section 85(1), in respect of each financial year, so to perform their functions as to secure that the expenditure attributable to the performance of their functions in that year does not exceed the aggregate of—a the amounts allotted to that body for that year under section 85(1);b any other sums received under this Act in that year by that body; andc any sums received otherwise than under this Act in that year by that body for the purpose of enabling them to defray any such expenditure.2 Subsection (3) of section 85 shall apply for the purposes of this section as it applies for the purposes of that section.3 The Secretary of State may give such directions to a body referred to in section 85(1) as appear to him to be requisite to secure that the body comply with the duty imposed on them by subsection (1) and it shall be the duty of the body to comply with the directions.Directions under this subsection may be specific in character.4 To the extent to which—a any expenditure of a Health Board or a local health council is defrayed by that body as trustee; orb any sums are received by such a body as trustee or under section 84A,that expenditure and, subject to subsection (5), those sums shall be disregarded for the purposes of this section, and, for those purposes, sums which, in the hands of such a body, cease to be trust funds and become applicable by that body otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by that body otherwise than as trustee.5 Of the sums received by a body under section 84A so much only as accrues to the body after defraying any expenses incurred in obtaining them shall be disregarded under subsection (4).6 Subject to subsection (4), the Secretary of State may, by directions, determine—a whether sums of a description specified in the directions are or are not to be treated for the purposes of this section as being receivable under this Act by a body of a description so specified;b whether expenditure of a description specified in the directions is or is not to be treated for the purposes of this section as being attributable to the performance of the functions by a body of a description so specified; orc the extent to which and the circumstances in which sums received but not yet spent by a body under section 85(1) are to be treated for the purposes of this section as part of the expenditure of the body and to which financial year’s expenditure they are to be attributed.”
(5)The foregoing provisions of this section shall have effect in relation to the financial year 1980 to 1981 and subsequent years.
7Services provided by relatives of doctors providing general medical services.#
The following subsection shall be added at the end of section 29 of the Act of 1977 (arrangements and regulations for general medical services) as subsection (5) of that section and at the end of section 19 of the Scottish Act of 1978 (which makes corresponding provision for Scotland) as subsection (4) of that section:—“0 Regulations shall—a include provision for the making to a medical practitioner providing general medical services of payments in respect of qualifying services provided by a spouse or other relative of his; andb provide that the rates and conditions of payment and the qualifying services in respect of which the payments may be made shall be such as may be determined by the Secretary of State after consultation with such bodies as he may recognise as representing such medical practitioners.”
Local administration of the health service in England and Wales
1Power to make changes in the local administration of the health service in England and Wales.#
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . note
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In consequence of the foregoing provisions of this section the enactments specified in Part I of Schedule 1 to this Act shall have effect subject to the amendments provided for in that Part of that Schedule (which also includes certain minor corrections of the Act of 1977).
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II · Private Practice
Control of hospitals outside the national health service
12Meaning of “controlled premises”.#
(1)In subsection (2) of the Act of 1976 (control of construction and extension of controlled premises)—
(a) for the definition of “controlled premises” there shall be substituted the following definition—“• “controlled premises” means hospital premises which provide or will provide beds for the use of patients, being hospital premises—(a) in the case of which the number of beds which are or will be so provided is one hundred and twenty or more; or(b) which are or are to be situated in an area designated by the Secretary of State under subsection (2A) below;”
(b) after the definition of “controlled works” there shall be inserted the following definitions—“• “ hospital premises” means premises at which there are or are to be facilities for the provision of hospital services;• “hospital services” means all or any of the following services, namely—• (a) the carrying out of surgical procedures under genreral anaesthesia;• (b) obstetrics;• (c) radiotherapy;• (d) haemodialysis or peritoneal dialysis;• (e) pathology or diagnostic radiology;• “relevant hospital premises” means hospital premises occupied otherwise than by or on behalf of the Crown or for the purposes of a visiting force”
(2)After the said subsection (2) there shall be inserted the following subsections—“2A If, on an application by a health authority, the Secretary of State is satisfied that relevant hospital premises in the whole or any part of their area or district provide or will provide, if taken together, one hunderd and twenty or more beds for the use of patients, he may, after consulting with such persons and representative bodies as appear to him to be concerned, by regulations designate the whole or, as the case my be, that part of the authority’s area or district as an area in which all hospital premises which provide or will provide beds for the use of patients shall be controlled premises; and regulations under this subsection—a may contain such transitional provisions as appear to the Secretary of State to be necessary or expedient; andb shall have effect for such period not exceeding five years as may be prescribed.2B in determining for the purposes of subsection (2A) above how many beds relevant hospital premises will provide, the Secretary of State shall not take into account the proposed execution of any works unless—a an authorisation for the execution of those works has been granted; orb a contract for the execution of those works has been entered into.2C The Secretary of State shall not exercise the power conferred by subsection (2A) above unless, having regard to the matters mentioned in subsection (3)(a) of section 13 below, he considers that the execution of works which, if the power were exercised, would be controlled works would be likely to interfere as mentioned in paragraph (b) of subsection (2) of that section.”
13Exemptions from control.#
(1)In subsection (1) of section 12 of the Act of 1976 (control of construction and extension of controlled premises) for the words “Subject to subsection (3)” there shall be substituted the words “ Subject to subsections (3) and (4) ”.
(2)After subsection (3) of that section there shall be inserted the following subsections—“4 Subsection (1) above does not apply in the case of works for the construction of a controlled extension of controlled premises if —a the premises are situated elsewhere than in an area designated by the Secretary of State under subsection (2A) above; andb the premises were constructed as controlled premises, or were converted into controlled premises, whether before or after the coming into force of this Part of this Act; andc where the works will enable additional beds to be provided, the aggregate number of additional beds which will have then been provided at the premises since the beginning of the current three year period (or, if later, the tie when the premises were constructed or converted) will not exceed the permitted number.5 In subsection (4) above— “permitted number”, in relation to a three year period, means one fifth of the number of beds provided at the premises in question at the beginning of that period or, if later, the time when the premises were constructed or converted; “three year period” means the period of three years beginning with the passing of the Health Services Act 1980 and each successive period of three years.”
14Notice of notifiable changes.#
(1)In subsection (1) of section 14 of the Act of 1976 (notice of notifiable works)—
(a)for the words “an application for planning permission for any notifiable works” there shall be substituted the following paragraphs—“a an application for planning permission for any notifiable works; orb a notifiable change,”
(b)after the words “the application” and “the proposed application” there shall be inserted the words “ or change ”; and
(c)the reference to the coming into force of Part III of that Act shall be construed, so far as it relates to the making of notifiable changes, as a reference to the coming into force of this section.
(2)In subsection (2) of that section—
(a)in paragraph (a) there shall be inserted after the words “applied for” the words “ or the notifiable change ”; and
(b)in paragraph (b) there shall be inserted at the beginning the words “ in the case of notifiable works, ”.
(3)For subsection (6) of that section there shall be substituted the following subsection—“6 Subsection (1) above—a does not apply in the case of works that are to be executed or a change that is to be made by or on behalf of the Crown or for the purposes of a visiting force; butb in the case of works that are to be executed or a change that is to be made otherwise than as aforesaid, shall apply notwithstanding any interest of the Crown in the land on which, or in any premises in connection with which, the works are to be executed or the change is to be made.”
(4)In subsection (7) of that section for the definition of “hospital premises” there shall be substituted the following definition—“ “notifiable change” means— a any change in the nature or extent of the hospital services provided at controlled premises; orb any change in the facilities or the number of beds provided at any premises which results in their becoming controlled premises;”
Nursing homes and mental nursing homes, etc.
16Nursing homes and mental nursing homes, etc.#
The enactments specified in Schedule 4 to this Act (which relate to the registration of nursing homes, mental nursing homes and private hospitals within the meaning of the noteMental Health (Scotland) Act 1960) shall have effect subject to the amendments provided for in that Schedule.
Pay beds and Health Services Board, etc.
9Repeal of provisions relating to withdrawal of pay beds and dissolution of Board, etc.#
(1)On the commencement date—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the Health Services Board established under section 1 of the noteHealth Services Act 1976 (in this Act referred to as “the Act of 1976”) and the Scottish and Welsh Committees constituted in accordance with Part II of Schedule 1 to that Act shall cease to exist.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In consequence of the foregoing provisions of this section—
(6)In this section “commencement date” means the date of the passing of this Act.
Part III · Miscellaneous
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#
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18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#
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19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#
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20Extension of pharmaceutical services in connection with dental treatment provided by health authorities, etc.#
(1)Section 41 of the Act of 1977 (which imposes a duty on health authorities to arrange for the supply of proper and sufficient drugs and medicines ordered by medical practitioners and of listed drugs and medicines ordered by dental practitioners) shall be amended by substituting for paragraph (b) the following paragraphs, that is to say—“b proper and sufficient drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by that Board of dental services; andc listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by him of general dental services.”
(2)Section 27(1) of the Scottish Act of 1978 (which imposes a corresponding duty on Health Boards) shall be amended by substituting for paragraph (b) the following paragraphs, that is to say—“b proper and sufficient drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by that Board of dental services; andc listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by him of general dental services.”
21Regulation of right to provide pharmaceutical services.#
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous and supplementary
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23Correction of meaning of “local authority” in Part IV of the National Assistance Act 1948.#
Section 195 of the noteLocal Government Act 1972 (which amends exisiting enactments conferring social services functions, including the noteNational Assistance Act 1948, so as to vest those functions in the authorities which are local authorities for the purposes of the noteLocal Authority Social Services Act 1970) shall have effect, and be deemed always to have had effect, as if at the end of the section there were added the following subsection—“7 In section 64(1) of the National Assistance Act 1948 (interpretation), in the definition of “local authority”, the words “county borough” shall be omitted and, after the word “district”, there shall be inserted the words “or London borough or the Common Council of the City of London”.”
24Expenses and receipts of the Secretary of State, etc.#
There shall be paid out of money provided by Parliament—
(a)any expenses incurred by the Secretary of State for the purposes of this Act, and
(b)any increase attributable to the provisions of this Act in the sums payable under any other Act out of money so provided,
and any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.
25Interpretation and minor amendments and repeals.#
(1)In this Act—• “the Act of 1976” means the noteHealth Services Act 1976;• “the Act of 1977” means the noteNational Health Service Act 1977; and• “the Scottish Act of 1978” means the noteNational Health Service (Scotland) Act 1978.
(2)Schedule 12 to the Act of 1977 and Schedule 11 to the Scottish Act of 1978 (additional provisions as to regulations for the making and recovery of charges) shall be amended as provided in Parts I and II respectively of Schedule 5 to this Act.
(3)The minor amendments specified in Schedule 6 to this Act shall have effect.
(4)The enactments specified in Schedule 7 to this Act (which include enactments that are spent or unnecessary) are hereby repealed to the extent specified in the third column of that Schedule.
26Short title, commencement and extent.#
(1)This Act may be cited as the Health Services Act 1980.
(2)The following provisions of this Act, namely—
(a)section 14;
(b)section 16 and Schedule 4;
(c)section 21;
(d)section 25(2) and Schedule 5; and
(e)in Schedule 7, the repeals in the noteNursing Homes Registration (Scotland) Act 1938, the noteNursing Homes Act 1975 and the noteNurses, Midwives and Health Visitors Act 1979 (and section 25(4) so far as it relates to those repeals),
shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument and different days may be appointed under this subsection for different provisions.
(3)With the exception of the provisions specified in subsection (2) above, this Act shall come into force on its passing.
(4)This Act does not extend to Northern Ireland.
Schedule 1 · Amendments consequential on changes in the local administration of the Health Service
Part I · Amendments relating to District Health Authorities
The Public Health Act 1936
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Polish Resettlement Act 1947
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Recall of Army and Air Force Pensioners Act 1948
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Midwives Act 1951
(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Landlord and Tenant Act 1954
(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Nurses Act 1957
(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Public Records Act 1958
(12)In Schedule 1 to the notePublic Records Act 1958, in the entries in the Table relating to National health service hospitals, for the words from “Regional” to “Area” (in both places) there shall be substituted the words “ Regional, Area or District ”.
(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Radioactive Substances Act 1960
(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Parliamentary Commissioner Act 1967
(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Abortion Act 1967
(17)
(1)In section 1(3) of the noteAbortion Act 1967, for the words from “the Minister” to the end there shall be substituted the words “ the Secretary of State for the purposes of his functions under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 or in a place approved for the purposes of this section by the Secretary of State. ”
(2)In section 3(1) of the Abortion Act 1967, for the words from “a Minister” to “Acts” there shall be substituted the words “ the Secretary of State ”.
The Leasehold Reform Act 1967
(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health Services and Public Health Act 1968
(19)
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Post Office Act 1969
(20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government Act 1972
(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Health Service Reorganisation Act 1973
(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health and Safety at Work, etc. Act 1974
(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Trade Union and Labour Relations Act 1974
(25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The House of Commons Disqualification Act 1975
(26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Nursing Homes Act 1975
(27)In section 2(3)(a) of the noteNursing Homes Act 1975, for the words “by virtue of” there shall be substituted the words “ for the purposes of his functions under ”.
The National Health Service Act 1977
(28). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(29). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(30). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(31). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(32). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(33). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(34). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(35). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(36). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(37). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(38). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(39). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(40). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(41). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(42). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(43). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(44). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(50). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(51). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(52). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(53). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(54). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(55). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(56). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(58). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(62). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(63). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(64). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(65). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(66). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(67). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(68). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(69). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(70). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(71). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(72). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(73). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(74). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(75). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(76). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(77). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(78)
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(79). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(80). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(81). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(82)
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(83). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Employment Protection (Consolidation) Act 1978
(84). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(85). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Nurses, Midwives and Health Visitors Act 1979
(86). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II · Amendments relating to shared Family Practitioner Committees
(87). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(98). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(99). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 2
The Health Services Act 1976
(1)In sections 12(1), 13(2) and (4), 14(1) and (3), 16(1)(a) and (b) and 17(6) and (7) of the Act of 1976 for the words “the Board” wherever they occur, there shall be substituted the words “ the Secretary of State ”.
(2)In section 13 of that Act—
(a)in subsection (1) for the words from “the Board”, in the first place where they occur, onwards there shall be substituted the words “ the Secretary of State ”; and
(b)in subsection (2) for the word “it” there shall be substituted the word “ he ”.
(3)In section 14 of that Act—
(a)in subsection (1) for the word “it” there shall be substituted the word “ him ”; and
(b)subsection (5) shall be omitted.
(4)In section 16 of that Act—
(a)for paragraphs (d) and (e) of subsection (1) there shall be substituted the following paragraphs—“d for enabling the Secretary of State to require such person or persons as he may appoint to afford the applicant for an authorisation a hearing and to report to the Secretary of State;e for determining the locality of, and entitling persons other than the applicant to appear and be heard at, such a hearing;”
(b)subsection (2) shall be omitted ; and
(c)in subsection (4) for the words “under the direction of the Board” there shall be substituted the words “ under his direction ”.
(5)In section 17 of that Act—
(a)in subsection (1) for the words “the Board”, in the first place where they occur, there shall be substituted the words “ the Secretary of State ” and for the words “the Board”, in the second and third places where they occur, there shall be substituted the words “ a person or persons appointed by the Secretary of State ”;
(b)in subsections (1) and (3) for the words “the Board’s” there shall be substituted the words “ the Secretary of State’s ”;
(c)in subsection (4) for the words “The Board and the Secretary of State” there shall be substituted the words “ The Secretary of State ”; and
(d)in subsection (7), for the word “it” there shall be substituted the word “ he ”.
(6)In section 22(2) of that Act paragraph (a) and the words “under paragraph 10 of Schedule 1 to this Act or” shall be omitted.
The National Health Service Act 1977
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)In section 128(1) of that Act the definitions of “Health Services Board” and “Welsh Committee” shall be omitted.
The National Health Service (Scotland) Act 1978
(11)In the Scottish Act of 1978—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)in section 108(1), the definitions of “Health Services Board” and “Scottish Committee”, shall be omitted.
Schedule 3 · Minor and consequential amendments of the Act of 1976
(1)In this Schedule references to sections are references to sections of the Act of 1976.
(2)
(1)In subsection (2) of section 13 (authorisations to construct or extend controlled premises) for the words “the National Health Service Acts” and “those Acts” (in both cases as originally enacted) there shall be substituted the words “ the principal Act ” and “ that Act ” respectively.
(2)For subsection (3) of that section there shall be substituted the following subsection—“3 The matters referred to in subsection (2) above are—a how much accommodation and what facilities are or will be provided at, and what are or will be the staffing requirements of, relevant hospital premises in the area or areas served by the health service hospital or hospitals concerned;b how much accommodation or additional accommodation the works would provide;c what facilities or additional facilities the works would enable to be provided; andd what staffing requirements or additional staffing requirements the works would give rise to.”
(3)In subsection (4) of that section after the words “as to” there shall be inserted the words “ the use of the premises, ”.
(3)In subsection (4) of section 16 (regulations in connection with the provisions of Part III) after the words “notifiable works” there shall be inserted the words “ or a notifiable change ”.
(4)In subsection (2)(a) of section 18 (offences) after the words “notifiable works” there shall be inserted the words “ or the making of any notifiable change ” .
(5)
(1)Section 20 (interpretation of Part III) shall be amended as provided in this paragraph.
(2)After the definition of “controlled works” there shall be inserted the following definition— “ “health authority” means, for England and Wales, an Area Health Authority or a District Health Authority or, for Scotland, a Health Board; ”.
(3)In the definition of “hospital premises” for the words “has the meaning given by section 14(7)” there shall be substituted the words “ and “hospital services” have the meanings given by section 12(2) ”.
(4)In the definition of “notifiable works” for the words “has the meaning” there shall be substituted the words “ and “notifiable change” have the meanings ”.
(5)After the definition of “prescribed” there shall be inserted the following definition— “ “relevant hospital premises” has the meaning given by section 12(2) above; ”.
(6)
(1)In subsection (1) of section 23 (general interpretation, amendments and repeals) for the definition of “the principal Act” there shall be substituted the following definition— “ “the principal Act” means, for England and Wales, the noteNational Health Service Act 1977 or, for Scotland, the noteNational Health Service (Scotland) Act 1978; ”.
(2)After subsection (2) there shall be inserted the following subsection—“2A The Secretary of State may by order provide that this Act shall extend to the Isles of Scilly with such modifications, if any, as are specified in the order, and except as may be so provided this Act does not extend to the Isles of Scilly.”
Schedule 4 · Nursing Homes and Mental Nursing Homes, etc.
Part I · England and Wales
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II · Scotland
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(16)In Schedule 7 to the noteNurses, Midwives and Health Visitors Act 1979—
(a)in paragraph 1, the words from “and”, where it first occurs, to the end and paragraphs 2 and 3(b) shall be omitted; and
(b)in paragraph 3(a), for the words “definitions of “qualified nurse” and” there shall be substituted the words “ definition of ”.
Schedule 5 · Amendments of the Act of 1977 and the Scottish Act of 1978 relating to exemptions from charges for certain services and appliances
Part I · Amendments of the Act of 1977
Exemption from charges for appliances
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exemption from charges for dental or optical appliances
(2)
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exemptions from charges for dental treatment
(3)
(1)Paragraph 3 of the said Schedule 12 shall be amended as provided in this paragraph.
(2)In sub-paragraph (4), for the words from “(a) was under 21 years” to “in a school”, there shall be substituted—“a was under 18 years of age or was under 19 years of age and receiving qualifying full-time education, or”
(3)In sub-paragraph (5), for the words from “under section 79(1)” to “to a denture” there shall be substituted the words “ made with respect to any exemption under sub-paragraph (4) above ”.
Interpretation
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II · Amendments of the Scottish Act of 1978
Exemption from charges for appliances
(5)In paragraph 1(1)(c) of Schedule 11 to the Scottish Act of 1978, for the words “or is undergoing full-time education in a school, or”, there shall be substituted the words “ or is under 19 years of age and receiving qualifying full-time education, or ”.
Exemption from charges for dental or optical appliances
(6)
(1)Paragraph 2 of the said Schedule shall be amended as provided in this paragraph.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For sub-paragraph (4)(a), there shall be substituted,—“a was under 16 years of age or was under 19 years of age and receiving qualifying full-time education; or”
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In sub-paragraph (8), after the word “replacement”, where it first occurs, there shall be inserted the words “ and, in the case of dentures, to their being relined or adjusted or having additions made to them, ”.
Exemptions from charges for dental treatment
(7)
(1)Paragraph 3 of the said Schedule 11 shall be amended as provided in this paragraph.
(2)In sub-paragraph (4), for the words from “(a) was under 21 years” to “in a school”, there shall be substituted—“a was under 18 years of age or was under 19 years of age and receiving qualifying full-time education, or”
(3)In sub-paragraph (5), for the words from “under section 71(1)” to “to a denture” there shall be substituted the words “ made with respect to any exemption under sub-paragraph (4) ”.
Interpretation
(8)After paragraph 6 of the said Schedule 11, there shall be inserted the following paragraph—“7 References in this Schedule to qualifying full-time education mean full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and for the purposes of such references—a “recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; andb regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.”
Schedule 6 · Other minor amendments
The National Health Service (Scotland) Act 1978
(1)
(1)In subsection (6) of the Scottish Act of 1978 (local health councils) after the word “thereof,” there shall be inserted “ and of any body established under subsection (9)(g), ”.
(2)After paragraph (f) of section 7(9) of that Act there shall be inserted the following paragraphs—“g for the establishment of a body—i to advise local health councils with respect to the performance of their functions, and to assist those councils in the performance of their functions; andii to perform such other functions as may be prescribed;h relating to the membership, proceedings, staff, premises and expenses of any body established under paragraph (g).”
(2)In subsection (1) of section 10 of that Act (common Services Agency) for the words “health service” there shall be substituted the words “ Scottish Health Service ”.
(3)In section 20 of that Act (applications to provide general medical services) immediately before the words “be entitled” there shall be inserted the words “ subject to the provisions of this Part of this Act relating to the disqualification of practitioners ”; and the words “(except as mentioned in subsection (2))” and subsection (2) shall be omitted.
(4)In section 25(3) of that Act (remuneration of dentists providing general dental services) the words “except in special circumstances” shall be omitted and at the end there shall be inserted—“unless either— a the remuneration is paid in pursuance of arrangements made under section 33, orb the services are provided in prescribed circumstances and the practitioner consents,and it shall be the Secretary of State’s duty, before he prescribes any circumstances for the purposes of paragraph (b), to consult such organisations as appear to him to be representative of the dental profession. ”
(5)
(1)In section 105(7) of that Act (power to make regulations and orders)—
(a)there shall be inserted after the word “power” where it first occurs the words “ conferred by this Act ”;
(b)the words from “under sections 2” to “Schedule 5” shall be omitted;
(c)in paragraph (a) for the words “particular case or cases” there shall be substituted the words “ specified cases or classes of case ”; and
(d)at the end there shall be inserted— “ This subsection does not apply to the regulations made under section 22 (but without prejudice to subsection (3) of that section) or to an order made under section 49 (but without prejudice to paragraph 1(1) of Schedule 10). ”.
(6)Section 108(1) of that Act (definitions) shall be amended as follows—
(a)in the definition of “health service hospital”, after the word “State” there shall be inserted the words “ for the purposes of his functions ”; and
(b)for the definition of “voluntary” there shall be substituted the following definition— “ “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority. ”.
(7)
(1)Schedule 1 to that Act shall be amended as provided in this paragraph.
(2)In paragraph 5—
(a)the words “, subject to regulations,” shall be omitted; and
(b)at the end there shall be inserted the words “ in accordance with regulations and any directions given under this paragraph by the Secretary of State ”.
(3)In paragraph 7—
(a)after the word “regulations” where it first occurs there shall be inserted the words “ or any directions given under paragraph 5 ”; and
(b)at the end there shall be inserted the words “ or, as the case may be, the directions ”.
(4)In paragraph 11—
(a)after sub-paragraph (b) there shall be inserted the word “ and ”; and
(b)sub-paragraph (d) and the word “and” immediately preceding it shall be omitted.
(5)After paragraph 11 there shall be inserted the following paragraph—“11A A Health Board may subscribe to the funds of any associations or other bodies having objects of which the Board approves.”
(8)
(1)Schedule 5 to that Act shall be amended as provided in this paragraph.
(2)After paragraph 3 there shall be inserted the following paragraph—“3A The Secretary of State may pay to the chairman of the management committee such remuneration as he may, with the approval of the Minister for the Civil Service, from time to time determine.”
(3)In paragraph 7—
(a)the words “, subject to regulations,” shall be omitted; and
(b)at the end there shall be inserted the words “ in accordance with regulations and any directions given under this paragraph by the Secretary of State. ”.
(4)In paragraph 9—
(a)after the word “regulations” where it first occurs there shall be inserted the words “ or any directions given under paragraph 7 ”; and
(b)at the end there shall be inserted the words “ or, as the case may be, the directions ”.
(9)In paragraph 3 of Schedule 14 to that Act—
(a)for the words “an Executive Council” there shall be substituted the words “ a Joint Ophthalmic Committee ”;
(b)sub-paragraph (b) shall be omitted;
(c)in sub-paragraph (c) the words “or order” and “or that order” shall be omitted.
(10)In paragraph 13(b) of Schedule 15 to that Act, after the word “of”, where it first occurs, there shall be inserted the words “ this Act ”.
The Nurses, Midwives and Health Visitors Act 1979
(11)
(1)After paragraph 6 of Schedule 7 to the noteNurse, Midwives and Health Visitors Act 1979 there shall be inserted the following paragraph—“6A In section 33—a in subsection (5) omit the words from the beginning to “this section and” and for the word “him” substitute “the Secretary of State”; andb in subsection (6) omit the words from the beginning to “is exercised and”.”
(2)In Schedule 8 to the Nurses, Midwives and Health Visitors Act 1979 in column 3 of the entry relating to the Nurses (Scotland) Act 1951 for the words “except section 36(1) and (2)” there shall be substituted “ except sections 33(4) to (6) and 36(1) and (2) ”.
Schedule 7 · Enactments repealed
Contains public sector information licensed under the Open Government Licence v3.0.