SCHEDULES

Section 2(1).

SCHEDULE 1 Amendments

Part I Amendments of the National Health Service Act 1977

1 The [1977 c. 49.] National Health Service Act 1977 shall be amended as follows.

2 In section 11 (special health authorities)—

(a) in subsection (1), for “an District Health Authority or a Family Practitioner Committee” substitute “a Health Authority”,

(b) in subsection (3), for “special health authority” substitute “Special Health Authority”, and

(c) for the sidenote substitute “Special Health Authorities.”

3 Section 12 (supplementary provisions about health authorities) shall be renumbered as subsection (2) of that section and—

(a) before that subsection as so renumbered insert—

“(1) Every Health Authority shall make arrangements for securing that they receive from—

(a) medical practitioners, registered nurses and registered midwives; and

(b) other persons with professional expertise in and experience of health care,

advice appropriate for enabling the Health Authority effectively to exercise the functions conferred or imposed on them under or by virtue of this or any other Act.”,

(b) in that subsection as so renumbered, for paragraphs (a) to (c) substitute—

“(a) Health Authorities established under section 8 above; and

(b) any Special Health Authority established under section 11 above.”, and

(c) in the sidenote, for “to” substitute “and”.

4 In section 13 (Secretary of State’s directions)—

(a) in subsection (1)—

(i) for the words from “Regional” to “authority” substitute “Health Authority or Special Health Authority”,

(ii) omit “(subject to section 14 below)”, and

(iii) for “body in question” substitute “Health Authority or Special Health Authority”, and

(b) in subsection (2), omit paragraph (b) and the word “but” immediately preceding it.

5 Omit section 14 (Regional Health Authority’s directions).

6 In section 15 (duty of Family Health Services Authority)—

(a) in subsection (1)—

(i) for the words from “each” to “Regional Health Authority” substitute “each Health Authority, in accordance with regulations”, and

(ii) for “locality” substitute “area”,

(b) omit subsection (1A),

(c) in subsection (1B)—

(i) for “practices” substitute “practises”,

(ii) for “Family Health Services Authority” substitute “Health Authority”,

(iii) for “Authority”, in each other place, substitute “Health Authority”,

(iv) for “Authority's” substitute “Health Authority's”,

(v) for “Authorities” substitute “Health Authorities”, and

(vi) for “locality” (in both places) substitute “area”,

(d) after that subsection insert—

“(1C) In relation to the operation of a fund-holding practice by medical practitioners the relevant Health Authority in respect of one or more of whom would (apart from this subsection) be different from that in respect of the other or others, the relevant Health Authority for each of them shall be determined for the purposes of the application of any provision relating to fund-holding practices as if they were all practising in a single partnership.”, and

(e) for the sidenote substitute “Duty of Health Authority in relation to family health services.”

7 For section 16 substitute—

“16 Exercise of functions

(1) Regulations may provide for functions exercisable by a Health Authority under or by virtue of this Act or the [1990 c. 19.] National Health Service and Community Care Act 1990, or under or by virtue of any prescribed provision of any other Act, to be exercisable—

(a) on behalf of the Health Authority—

(i) by another Health Authority;

(ii) by a committee or sub-committee, or an officer, of the Health Authority or another Health Authority;

(iii) by a joint committee, or joint sub-committee, of the Health Authority and one or more other Health Authorities;

(iv) by a Special Health Authority; or

(v) by an officer of a Special Health Authority; or

(b) by the Health Authority jointly with one or more other Health Authorities.

(2) Regulations may provide for functions exercisable by a Special Health Authority by virtue of section 11 or 13 above to be exercisable—

(a) on behalf of the Special Health Authority—

(i) by another Special Health Authority;

(ii) by a committee or sub-committee, or an officer, of the Special Health Authority or another Special Health Authority; or

(iii) by a joint committee, or joint sub-committee, of the Special Health Authority and one or more other Special Health Authorities; or

(b) by the Special Health Authority jointly with one or more other Special Health Authorities.”

8 For section 17 substitute—

“17 Directions as to exercise of functions.

(1) The Secretary of State may give directions with respect to the exercise—

(a) by Health Authorities of any functions exercisable by them under or by virtue of this or any other Act; and

(b) by Special Health Authorities of any functions exercisable by them by virtue of section 11 or 13 above or under the [1990 c. 19.] National Health Service and Community Care Act 1990.

(2) It shall be the duty of a Health Authority or Special Health Authority to whom directions are given under subsection (1) above to comply with the directions.”

9 In section 18 (general provisions about directions)—

(a) in subsection (1), for “13 to 17” substitute “11 to 17”,

(b) omit subsection (2),

(c) in subsection (3)—

(i) for “13” substitute “11”, and

(ii) for “a body or” substitute “an authority or a”, and

(d) for the sidenote substitute “Directions and regulations under ss.11 to 17.”

10 In section 19 (local advisory committees)—

(a) in subsection (1), omit—

(i) “, or for the region of a Regional Health Authority,”, and

(ii) “or of the region”,

(b) in subsection (2), omit paragraph (b),

(c) omit subsection (3),

(d) in subsection (4), for “subsections (1) and (3)” substitute “subsection (1)”, and

(e) in the sidenote and the heading immediately preceding that section, for “Local advisory committees” substitute “Advisory committees for Wales”.

11 In section 20 (Community Health Councils)—

(a) in subsection (1), for the words from “section” to “those Authorities” substitute “section, in the case of the area of each Health Authority, a council for the area, or separate councils for such separate parts of the area”, and

(b) in subsection (2)—

(i) in paragraph (a), for the words from “Area Health Authorities” to “District Health Authorities” substitute “Health Authorities”, and

(ii) in paragraph (b), for “an Area Health Authority or of the district of a District Health Authority” substitute “a Health Authority”.

12 In section 22 (co-operation between health authorities and local authorities)—

(a) in subsection (1), for “health authorities, Family Practitioner Committees and local authorities” substitute “Health Authorities and Special Health Authorities (on the one hand) and local authorities (on the other)”,

(b) in subsection (2), after “who shall” insert “advise”,

(c) omit the Table,

(d) for subsection (3) substitute—

“(3) Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Health Authorities together with, in the case of each, one or more associated local authorities; and a Health Authority shall be represented together with each of the local authorities associated with that Health Authority in one or other of the committees (but not necessarily the same committee).

(3ZA) For the purposes of subsection (3) above a local authority is associated with a Health Authority if it is a local authority whose area is wholly or partly within the area of the Health Authority.”, and

(e) in subsection (4)(b), for the words from “an Area” to the end substitute “a Health Authority to be represented on a joint consultative committee together with a local authority none of whose area is within the area of the Health Authority;”.

13 In section 23 (voluntary organisations and other bodies), in subsection (2), for “health authority” substitute “Health Authority or Special Health Authority”.

14 In section 26 (supply of goods and services by Secretary of State)—

(a) for “health authority” (in each place) substitute “Health Authority or Special Health Authority”, and

(b) in subsection (4)(b), for “health authorities” substitute “Health Authorities or Special Health Authorities”.

15 In section 27 (conditions of supply under section 26)—

(a) in subsection (1), for “health authority” (in both places) substitute “Health Authority or Special Health Authority”, and

(b) in subsection (3)—

(i) for “health authorities” substitute “Health Authorities and Special Health Authorities”, and

(ii) for “health authority’s duty” substitute “duty of Health Authorities and Special Health Authorities”.

16 In section 28 (supply of goods and services by local authorities)—

(a) in subsection (1), for “health authority” substitute “Health Authority and any Special Health Authority”, and

(b) in subsection (3), for “health authorities” (in both places) substitute “Health Authorities, Special Health Authorities”.

17 In section 28A (power to make payments towards expenditure on community services)—

(a) in subsection (1), for the words from “authorities” to “established” substitute “authorities—

(a) a Health Authority; and

(b) a Special Health Authority established”, and

(b) in subsection (7)(a), for “districts” substitute “areas”.

18 In section 29 (arrangements and regulations for general medical services)—

(a) in subsection (1)—

(i) for “Family Practitioner Committee” substitute “Health Authority”, and

(ii) for “locality” (in both places) substitute “area”,

(b) in subsection (2)—

(i) in paragraph (e), for “locality” (in both places) substitute “area”, and

(ii) in paragraph (f), for “in the locality of a Family Practitioner Committee” substitute “in the area of a Health Authority”, and

(c) in subsection (6)—

(i) for “a locality” substitute “an area”, and

(ii) for “the locality” substitute “the area”.

19 In section 30 (applications to provide general medical services)—

(a) in subsection (1)—

(i) for “Family Practitioner Committee” substitute “Health Authority”,

(ii) for “that Committee of” substitute “the Health Authority of”,

(iii) for “Committee’s locality” substitute “Health Authority’s area”,

(iv) for “the Committee” substitute “the Health Authority”, and

(v) for “that Committee shall” substitute “the Committee shall”, and

(b) in subsection (1A)—

(i) for “Family Practitioner Committee” (in each place) substitute “Health Authority”, and

(ii) for “Committee’s locality” substitute “Health Authority’s area”.

20 In section 31 (requirement of suitable experience), in subsection (1)(b)—

(a) for “Family Practitioner Committee” (in both places) substitute “Health Authority”,

(b) for “Committee’s locality” substitute “Health Authority’s area”, and

(c) for “their locality” substitute “their area”.

21 In section 32 (regulations as to section 31), in subsection (3)(a), for “localities” substitute “areas”.

22 In section 33 (distribution of general medical services)—

(a) in subsection (1), for “locality of the Family Practitioner Committee concerned or in the relevant part of that locality” substitute “area of the Health Authority concerned or in the relevant part of that area”,

(b) in subsection (1A), for “Family Health Services Authorities for localities” (in both places) substitute “Health Authorities for areas”,

(c) in subsection (2), for “locality or part of a locality” substitute “area or part of an area”,

(d) in subsection (2A)—

(i) for “locality of a Family Health Services Authority” substitute “area of a Health Authority”, and

(ii) for “the Authority” (in both places) substitute “the Health Authority”,

(e) in subsection (3)—

(i) for “Family Practitioner Committee” (in both places) substitute “Health Authority”, and

(ii) for “locality” substitute “area”,

(f) in subsection (4)(b), for “Family Practitioner Committee’s locality” substitute “Health Authority’s area”, and

(g) in subsection (8)—

(i) for “Family Health Services Authority” substitute “Health Authority”, and

(ii) for “locality” substitute “area”.

23 In section 34 (regulations for Medical Practices Committee)—

(a) the provisions preceding subsection (2) shall be renumbered as subsection (1) of that section, and

(b) in that subsection as so renumbered—

(i) for “Family Practitioner Committees” (in both places) substitute “Health Authorities”, and

(ii) for “localities” (in both places) substitute “areas”.

24 In section 35 (arrangements for general dental services), in subsection (1)—

(a) for “Family Practitioner Committee” substitute “Health Authority”, and

(b) for “locality” (in both places) substitute “area”.

25 In section 36 (regulations as to section 35)—

(a) in subsection (1)(d), for “locality” (in both places) substitute “area”, and

(b) in subsection (2)—

(i) for “Family Practitioner Committee” substitute “Health Authority”,

(ii) for “the Committee” substitute “the Health Authority”, and

(iii) for “Committee’s locality” substitute “Health Authority’s area”.

26 In section 37 (Dental Practice Board), in subsection (1)(b), for “an Area or District Health Authority” substitute “a Health Authority”.

27 In section 38 (arrangements for general ophthalmic services), in subsection (1)—

(a) for “Family Practitioner Committee” substitute “Health Authority”, and

(b) for “locality” substitute “area”.

28 In section 39 (regulations as to section 38), in paragraph (d), for “locality” (in both places) substitute “area”.

29 In section 41 (arrangements for pharmaceutical services)—

(a) for “Family Practitioner Committee” substitute “Health Authority”,

(b) for “locality” (in both places) substitute “area”, and

(c) for “by a health authority or an NHS trust of dental services” substitute “of dental services by a Health Authority, a Special Health Authority or an NHS trust”.

30 In section 42 (regulations as to pharmaceutical services)—

(a) in subsection (1)—

(i) for “Family Practitioner Committee” substitute “Health Authority”, and

(ii) for “Committee’s locality” substitute “Health Authority’s area”,

(b) in subsection (2)—

(i) for “a Committee” (in both places) substitute “a Health Authority”,

(ii) for “Committee’s locality” substitute “Health Authority’s area”, and

(iii) for “Committee is” substitute “Health Authority are”, and

(c) in subsection (3)—

(i) for “Committee” (in each place) substitute “Health Authority”,

(ii) for “Committee’s locality.” substitute “Health Authority’s area;”,

(iii) for “Family Health Services Authority in whose locality” substitute “Health Authority in whose area”, and

(iv) for “that Family Health Services Authority may give its” substitute “that Health Authority may give their”.

31 In section 43 (persons authorised to provide pharmaceutical services), in subsection (1), for “a Family Practitioner Committee” substitute “a Health Authority”.

32 In section 44 (recognition of local representative committees)—

(a) in subsection (1)—

(i) for “Family Health Services Authority is satisfied” substitute “Health Authority are satisfied”,

(ii) for “its locality” substitute “their area”,

(iii) for “locality”, in each other place, substitute “area”, and

(iv) for “the Family Health Services Authority” substitute “the Health Authority”, and

(b) in subsection (2), for “Family Health Services Authority” substitute “Health Authority”.

33 In section 45 (functions of local representative committees)—

(a) for “Family Practitioner Committee” (in each place) substitute “Health Authority”,

(b) in subsection (1), for “a locality” substitute “an area”, and

(c) in subsection (2), for “locality” substitute “area”.

34 In section 46 (disqualification of practitioners)—

(a) in subsections (1) and (2), for “a Family Practitioner Committee” substitute “a Health Authority”,

(b) in subsection (2), for “other Family Practitioner Committee” substitute “other Health Authority”, and

(c) in subsection (4), for “Family Practitioner Committee or Committees” substitute “Health Authority or Health Authorities”.

35 Section 51 (university clinical teaching and research) shall be renumbered as subsection (1) of that section and—

(a) in that subsection as so renumbered, for “make available, in premises provided by him by virtue of this Act,” substitute “exercise his functions under this Act and Part I of the [1990 c. 19.] National Health Service and Community Care Act 1990 so as to secure that there are made available”, and

(b) after that subsection insert—

“(2) Regulations may provide for any functions exercisable by a Health Authority or Special Health Authority in relation to the provision of facilities such as are mentioned in subsection (1) above to be exercisable by the Health Authority or Special Health Authority jointly with one or more other relevant health service bodies.

(3) For the purposes of subsection (2) above the following are relevant health service bodies—

(a) Health Authorities;

(b) Special Health Authorities; and

(c) NHS trusts.”

36 In section 54 (prohibition on sale of medical practices), for subsections (2) to (4) substitute—

“(2) Subsection (1) above does not render unlawful the sale by a medical practitioner of the whole or part of the goodwill of a medical practice (or part of a medical practice) if—

(a) his name has ceased to be entered on any list of medical practitioners undertaking to provide general medical services; and

(b) he has not at any time carried on the practice (or the part of the practice) anywhere which was, at a time when he provided services pursuant to arrangements with any Council, Committee or Authority, within the area, district or locality of the Council, Committee or Authority.

(3) Subsection (1) above does not render unlawful the sale of, or of any part of, the goodwill of a medical practice by a medical practitioner by reason only that the goodwill, or any part of the goodwill, to be sold is attributable to a practice previously carried on by a person whose name was entered on a list of medical practitioners undertaking to provide general medical services.

(4) In this section “general medical services” includes the services so described provided pursuant to the provisions of the [1973 c. 32.] National Health Service Act 1946, the [1946 c. 81.] National Health Service Reorganisation Act 1973 or this Act by arrangement with any Council, Committee or Authority.”

37 In section 56 (inadequate services)—

(a) for “the locality of a Family Practitioner Committee or part of the locality of such a Committee” substitute “the area, or part of the area, of a Health Authority”,

(b) for the words from “in question” to “are not” substitute “in question in that area or part, or that for any other reason any considerable number of persons in any such area or part are not”, and

(c) for “the Family Practitioner Committee” substitute “the Health Authority”.

38 In section 65 (accommodation and services for private patients)—

(a) in subsection (1)—

(i) for “District or Special Health Authority” substitute “Health Authority or Special Health Authority”,

(ii) for the words from “available, such charges” to “satisfied” substitute “available, such charges as the Health Authority or Special Health Authority may determine and may make and recover such charges as they may determine in respect of such accommodation and services and calculate those charges on any basis that they consider to be the appropriate commercial basis; but they shall do so only if and to the extent that they are satisfied”, and

(iii) for “the Authority of any function conferred on the Authority under” substitute “the Health Authority or Special Health Authority of any function conferred on them under”,

(b) in subsection (1A), for “District or Special Health Authority” substitute “Health Authority or Special Health Authority”,

(c) in subsection (2), for “A District or Special Health Authority” substitute “A Health Authority or Special Health Authority”, and

(d) in subsection (3)—

(i) for “District or Special Health Authority” substitute “Health Authority or Special Health Authority”, and

(ii) for “an authority” substitute “a Health Authority or Special Health Authority”.

39 In section 83 (sums payable to persons providing services), for—

(a) the words in paragraph (a) from “a Regional” to “Committee”, and

(b) the words in paragraph (b) from “an Area” to “Committee”,

substitute “a Health Authority or Special Health Authority”.

40 In section 83A (remission and repayment of charges and payment of travelling expenses), in subsection (1)(c), for “District Health Authority” (in both places) substitute “Health Authority”.

41 In section 85 (default powers), in subsection (1), for paragraphs (a) to (g) substitute—

“(a) a Health Authority;

(b) a Special Health Authority;

(c) an NHS trust;

(d) the Medical Practices Committee; or

(e) the Dental Practice Board;”.

42 In section 90 (gifts on trust), for “health authority” substitute “Health Authority or Special Health Authority”.

43 In section 91 (private trusts for hospitals), in subsection (3)(b), for “District Health Authority” substitute “Health Authority”.

44 In section 92 (further transfers of trust property)—

(a) in subsection (1)—

(i) for “health authority”, in the first place, substitute “Health Authority or Special Health Authority”, and

(ii) for the words from “from any health authority” to the end substitute “from any relevant health service body to any other relevant health service body.”,

(b) after that subsection insert—

“(1A) In this section “relevant health service body” means—

(a) a Health Authority;

(b) a Special Health Authority;

(c) an NHS trust;

(d) special trustees; or

(e) trustees for an NHS trust.”,

(c) in subsection (2)—

(i) for “one or more health authorities or NHS trusts” substitute “one or more bodies which are relevant health service bodies by virtue of subsection (1A)(a) to (c) above”, and

(ii) for the words from “health authority” to the end substitute “body or, in such proportions as may be specified in the order, to those bodies.”,

(d) in subsection (3), for “health authorities or NHS trusts and special trustees” substitute “special trustees and other bodies”, and

(e) in subsection (4), for “authorities or NHS trusts” substitute “bodies”.