🔆 📖 👤

National Health Service Reform and Health Care Professions Act 2002

2002 CHAPTER 17 cross-notes

An Act to amend the law about the national health service; to establish and make provision in connection with a Commission for Patient and Public Involvement in Health; to make provision in relation to arrangements for joint working between NHS bodies and the prison service, and between NHS bodies and local authorities in Wales; to make provision in connection with the regulation of health care professions; and for connected purposes.

[25th June 2002]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 National Health Service, etc

NHS bodies and their functions: England

F11 English Health Authorities: change of name

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Primary Care Trusts I1

F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Schedule 2 (which contains amendments of the 1977 Act and of other enactments to reallocate functions of Health Authorities to Primary Care Trusts and to make certain connected amendments) is to have effect.

F33 Directions: distribution of functions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Personal medical services, personal dental services and local pharmaceutical services

F4 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Schedule 3 (which contains amendments of the National Health Service (Primary Care) Act 1997 and of other enactments related to the provisions of this section and sections 1 to 3) is to have effect.

F65 Local Representative Committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NHS bodies and their functions: Wales

F76 Local Health Boards

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial arrangements: England and Wales

F77 Funding of Strategic Health Authorities and Health Authorities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78 Funding of Primary Care Trusts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79 Funding of Local Health Boards

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F710 Expenditure of NHS bodies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Quality

Prospective

F811 Duty of quality

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F812 Further functions of the Commission for Health Improvement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F813 Commission for Health Improvement: inspections and investigations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F814 Commission for Health Improvement: constitution

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Patient and public involvement

F915 Establishment of Patients’ Forums

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F916 Additional functions of PCT Patients’ Forums

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F917 Entry and inspection of premises

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F918 Annual reports

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19 Supplementary I2,I3

F10 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1320 The Commission for Patient and Public Involvement in Health

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1421 Overview and scrutiny committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22 Abolition of Community Health Councils in England I4,I5

F15 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The National Assembly for Wales has as respects Wales the same power under that paragraph as it would have if no such body had been established.

(5) The Secretary of State may by order make provision—

(a) as to the transfer to a person falling within subsection (6), on or after the abolition of a Community Health Council by subsection (1), of any of the rights or liabilities of a person as a member or former member of the Council,

(b) as to the transfer to a person falling within subsection (6) or to the National Assembly for Wales, on or after the abolition of ACHCEW, of any of the property held, rights enjoyed or liabilities incurred in respect of the functions of ACHCEW by a person as a member or former member of a Community Health Council which was a member of ACHCEW.

(6) The following fall within this subsection—

(a) the Secretary of State,

(b) [F16 a Strategic Health Authority F16] ,

(c) a Special Health Authority,

(d) an NHS trust,

(e) a Primary Care Trust.

(7) Before exercising the power conferred by subsection (5)(b) the Secretary of State must consult the National Assembly for Wales.

F17 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint working

F1923 Joint working with the prison service

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2024 Health and well-being strategies in Wales

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 [F21 Health and Social Care Professions etc. F21]

[F22 The Professional Standards Authority for Health and Social Care F22]

25[F23 The Professional Standards Authority for Health and Social Care F23]cross-notesI6

(1) There shall be a body corporate known as [F24 the Professional Standards Authority for Health and Social Care F24] (in this group of sections referred to as [F25 the Authority F25] ).

(2) The general functions of the [F26AuthorityF26] are—

(a) to promote the interests of [F27 users of health care, users of social care in England, users of social work services in England F27] and other members of the public in relation to the performance of their functions by the bodies mentioned in subsection (3) (in this group of sections referred to as “ regulatory bodies ”), and by their committees and officers,

(b) to promote best practice in the performance of those functions,

(c) to formulate principles relating to good professional self-regulation, and to encourage regulatory bodies to conform to them, and

(d) to promote co-operation between regulatory bodies; and between them, or any of them, and other bodies performing corresponding functions.

[F28 (2A) The over-arching objective of the Authority in exercising its functions under subsection (2)(b) to (d) is the protection of the public.

(2B) The pursuit by the Authority of its over-arching objective involves the pursuit of the following objectives—

(a) to protect, promote and maintain the health, safety and well-being of the public;

(b) to promote and maintain public confidence in the professions regulated by the regulatory bodies;

(c) to promote and maintain proper professional standards and conduct for members of those professions;

(d) to promote and maintain proper standards in relation to the carrying on of retail pharmacy businesses at registered pharmacies (as defined in article 3(1) of the Pharmacy Order 2010 ( S.I. 2010/231)); and

(e) to promote and maintain proper standards and conduct for business registrants (as defined in section 36(1) of the Opticians Act 1989). F28]

(3) The bodies referred to in subsection (2)(a) are—

(a) the General Medical Council,

(b) the General Dental Council,

(c) the General Optical Council,

(d) the General Osteopathic Council,

(e) the General Chiropractic Council,

[F29 (f) the General Pharmaceutical Council, F29]

(g) subject to section 26(6), the Pharmaceutical Society of Northern Ireland,

[F30 (ga) the Nursing and Midwifery Council,

(gb) [F31 the Health and Care Professions Council F31] , F30]

[F32 (gc) Social Work England F32] and,

[F33 (j) any other regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act. F33]

[[F34,F35 (3A) A reference in an enactment to a body mentioned in subsection (3) is not (unless there is express provision to the contrary) to be read as including—

(a) a reference to Social Work England, or

(b) a reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to social care workers in England. F35]

(3B) For the purposes of subsection (3A)—

(4) Schedule 7 (which makes further provision about the [F37AuthorityF37] ) is to have effect.

(5) This group of sections ” means this section and sections [F38 25A F38] to 29, and includes Schedule 7.

(6) F39 In this group of sections, references to regulation, in relation to a profession, are to be construed in accordance with paragraph 11(2) ... of Schedule 3 to the 1999 Act.

[F4025A Funding of the Authority [F41 by bodies other than Social Work England F41]

(1) The Privy Council must by regulations require each regulatory body [F42 , other than Social Work England, F42] to pay the Authority periodic fees of such amount as the Privy Council determines in respect of such of the Authority's functions in relation to that body as are specified in the regulations.

(2) A reference in this section to the Authority's functions does not include a reference to its functions under sections 25G to 25I and 26A.

(3) The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations.

(4) Before determining the amount of a fee under the regulations, the Privy Council must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations.

(5) The Authority must—

(a) comply with a request under subsection (4), but

(b) before doing so, consult the regulatory bodies.

(6) Having received a proposal under subsection (5), the Privy Council may consult the regulatory bodies.

(7) Having taken into account such representations as it receives from consultees, the Privy Council must—

(a) make a proposal as to the amount of funding that it considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and

(b) determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body would be required to pay.

(8) The Privy Council must—

(a) consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and

(b) consult each regulatory body about the determination under subsection (7)(b) of the amount it would be required to pay.

(9) Having taken into account such representations as it receives from consultees, the Privy Council must—

(a) determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and

(b) determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body is to be required to pay.

(10) Regulations under this section requiring payment of a fee may make provision—

(a) requiring the fee to be paid within such period as is specified;

(b) requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);

(c) for the recovery of unpaid fees or interest.

(11) The regulations may enable the Privy Council to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or a regulatory body or on its own initiative.

(12) Before making regulations under this section, the Privy Council must consult—

(a) the Authority,

(b) the regulatory bodies, and

(c) such other persons as it considers appropriate. F40]

[F4325AA Funding of the Authority by Social Work England

(1) The Secretary of State must by regulations require Social Work England to pay the Authority periodic fees of such amount as the Secretary of State determines in respect of such of the Authority's functions in relation to Social Work England as are specified in the regulations.

(2) A reference in this section to the Authority's functions does not include a reference to its functions under section 26A.

(3) The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations.

(4) Before determining the amount of a fee under the regulations, the Secretary of State must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations.

(5) The Authority must—

(a) comply with a request under subsection (4), but

(b) before doing so, consult Social Work England.

(6) Having received a proposal under subsection (5), the Secretary of State may consult Social Work England.

(7) Having taken into account any representations from Social Work England, the Secretary of State must—

(a) make a proposal as to the amount of funding that the Secretary of State considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and

(b) determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England would be required to pay.

(8) The Secretary of State must—

(a) consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and

(b) consult Social Work England about the determination under subsection (7)(b) of the amount it would be required to pay.

(9) Having taken into account such representations as it receives from consultees, the Secretary of State must—

(a) determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to Social Work England as are specified in the regulations, and

(b) determine in accordance with the method provided for under subsection (3) the amount of the fee that Social Work England is to be required to pay.

(10) Regulations under this section requiring payment of a fee may make provision—

(a) requiring the fee to be paid within such period as is specified;

(b) requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);

(c) for the recovery of unpaid fees or interest.

(11) The regulations may enable the Secretary of State to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or Social Work England or on the Secretary of State's own initiative.

(12) Before making regulations under this section, the Secretary of State must consult—

(a) the Authority,

(b) Social Work England, and

(c) such other persons as the Secretary of State considers appropriate. F43]

[F4425B Power of the Authority to advise regulatory bodies etc.

(1) The Authority may, for the purpose of assisting the Authority in its performance of its functions under this group of sections, provide advice or provide auditing services to—

(a) a regulatory body;

(b) a body which has functions (whether or not relating to health or social care) corresponding to those of a regulatory body.

(2) A body to which the Authority provides advice or auditing services under this section must pay such fee as the Authority may determine.

(3) In this section, “ this group of sections ” has the meaning given by section 25(5) but does not include section 26A. F44]

[F4525C Appointments to regulatory bodies

(1) The Privy Council and a regulatory body may make arrangements for the regulatory body or other persons to assist the Privy Council in connection with its exercise of any of its appointment functions in relation to the regulatory body.

(2) The Privy Council and the Authority may make arrangements for the Authority to assist the Privy Council in connection with—

(a) its exercise of any of its appointment functions in relation to a regulatory body;

(b) its exercise of its function under paragraph 4 of Schedule 7.

(3) The Privy Council may make arrangements with any other person to assist it in connection with—

(a) its exercise of any of its appointment functions in relation to a regulatory body;

(b) its exercise of its function under paragraph 4 of Schedule 7.

(4) The Scottish Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.

(5) The Welsh Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.

(6) The Department of Health, Social Services and Public Safety in Northern Ireland may make arrangements for the Authority to assist the Department in connection with its exercise of its function under that paragraph.

(7) In this section, “ regulatory body ” does not include the Pharmaceutical Society of Northern Ireland [F46 or Social Work England F46] .

(8) In this section, “ appointment functions ” means—

(a) in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office),

(b) in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(c) in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(d) in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(e) in relation to the General Chiropractic Council, the function under paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(f) in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 ( S.I. 2010/231) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),

(g) in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 ( S.I. 2002/253) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and

(h) in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to [F47the Health Professions Order 2001F47] ( S.I. 2002/254) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council).

(9) A reference to assisting in connection with the exercise of a function does not include a reference to exercising the function. F45]

[F4825D Power of regulatory bodies to establish voluntary registers

(1) A regulatory body [F49 other than Social Work England F49] may establish and maintain a voluntary register of persons who are (and, where the body thinks appropriate, persons who have been)—

(a) unregulated health professionals;

(b) unregulated health care workers;

(c) unregulated social care workers in England;

(d) participating in studies that come within subsection (2) or (3).

(2) Studies come within this subsection if they are studies for the purpose of becoming a member of—

(a) a profession to which section 60(2) of the Health Act 1999 applies F50 ...

F50 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Studies come within this subsection if they are studies for the purpose of becoming—

(a) an unregulated health professional,

(b) an unregulated health care worker, or

(c) an unregulated social care worker in England.

(4) A regulatory body may establish and maintain a register under subsection (1)(a), (b) or (c) of only such persons as are (or have been) engaged in work that supports, or otherwise relates to, work engaged in by members of a profession which the body regulates; but this subsection does not apply to the Health and Care Professions Council.

(5) A regulatory body may establish and maintain a register under subsection (1)(d) of only such persons as are (or have been) participating in studies for the purpose of—

(a) in the case of studies coming within subsection (2), becoming a member of a profession which the body regulates,

(b) in the case of studies coming within subsection (3)(a), becoming a member of a profession for which the body maintains a voluntary register, or

(c) in the case of studies coming within subsection (3)(b) or (c), engaging in work in respect of which the body maintains a voluntary register.

(6) The General Pharmaceutical Council may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work or participating in studies in England, Wales or Scotland.

(7) The Pharmaceutical Society of Northern Ireland may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work, or are participating in studies, in Northern Ireland.

(8) A regulatory body may establish and maintain a register under subsection (1) jointly with one or more other regulatory bodies.

(9) Where regulatory bodies establish and maintain a register in reliance on subsection (8)—

(a) subsections (4) and (5) apply to each body (but subsection (4) does not apply to the Health and Care Professions Council),

(b) subsection (6) applies to the General Pharmaceutical Council if it is one of the bodies, and

(c) subsection (7) applies to the Pharmaceutical Society of Northern Ireland if it is one of the bodies.

(10) But subsections (6) and (7) do not apply where the bodies concerned are or include the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland.

(11) Accordingly, in those circumstances, the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland may jointly establish and maintain a register of persons who are (and, where they consider appropriate, have been) engaged in work or participating in studies anywhere in the United Kingdom.

(12) A request to be registered, or to continue to be registered, in a register established under subsection (1) must be accompanied by a fee of such amount as the regulatory body (or bodies) concerned may determine.

25E Section 25D: interpretation

(1) This section applies for the purposes of section 25D.

(2) Voluntary register ” means a register of persons in which a person is not required by an enactment to be registered in order to be entitled to—

(a) use a title,

(b) practise as a member of a profession,

(c) engage in work that involves the provision of health care,

(d) engage in work of a description given in section 60(2ZC) of the Health Act 1999 (social care work in England), or

(e) participate in studies that come within section 25D(2) or (3).

(3) Where an enactment imposes a requirement of that kind which applies to part only of the United Kingdom, a register is to be regarded as a voluntary register in so far as it applies to any part of the United Kingdom to which the requirement does not apply.

(4) The reference in subsection (2) to an enactment does not include a reference to an enactment in so far as it imposes a requirement of that kind which applies—

(a) only to work or practice of a particular kind, and

(b) only when work or practice of that kind is engaged in for particular purposes.

(5) In subsections (2) to (4), “ enactment ” means an enactment contained in, or in an instrument made under—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) an Act or Measure of the National Assembly for Wales, or

(d) Northern Ireland legislation.

(6) Unregulated health professional ” means a member of a profession—

(a) which is concerned with the physical or mental health of individuals, but

(b) to which section 60(2) of the Health Act 1999 does not apply.

(7) Unregulated health care worker ” means a person engaged in work which—

(a) involves the provision of health care, but

(b) is not work which may be engaged in only by members of a profession.

(8) In subsections (2) and (7), “ health care ” includes—

(a) all forms of health care for individuals, whether relating to physical or mental health, and

(b) procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.

(9) Unregulated social care worker in England ” means a person engaged in social care work in England within the meaning of section 60 of the Health Act 1999.

F51 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25F Establishment of voluntary register: impact assessment

(1) Before establishing a register under section 25D, a regulatory body—

(a) must make an assessment of the likely impact of doing so, and

(b) must consult such persons as it considers appropriate.

(2) In performing the duty under subsection (1)(a), the body must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate.

(3) An assessment under this section must, in particular, include an assessment of the likely impact of establishing the register on—

(a) persons who would be eligible for inclusion in the register;

(b) persons who employ persons who would be eligible for inclusion in the register;

(c) users of health care [F52 and users of social care in England F52] .

(4) A regulatory body must publish any assessment it makes under this section.

(5) In deciding whether to establish a register under section 25D, a regulatory body must have regard to the assessment it made under this section in relation to the register. F48]

[F5325G Power of the Authority to accredit voluntary registers

(1) Where a regulatory body or other person maintains a voluntary register, the Authority may, on an application by the body or other person, take such steps as it considers appropriate for the purpose of establishing whether the register meets such criteria as the Authority may from time to time set (“accreditation criteria”).

(2) Accreditation criteria may, in particular, relate to—

(a) the provision to the Authority of information in connection with the establishment, operation or maintenance of register;

(b) publication of the names of persons included in the register or who have been removed from the register (whether voluntarily or otherwise);

(c) the establishment or operation of a procedure for appeals from decisions relating to inclusion in or removal from the register.

(3) If the Authority is satisfied that a voluntary register meets the accreditation criteria, it may accredit the register.

(4) The Authority may carry out periodic reviews of the operation of registers accredited under this section for the purpose of establishing whether they continue to meet the accreditation criteria.

(5) If, on a review under subsection (4), the Authority is satisfied that a voluntary register no longer meets the accreditation criteria, the Authority may remove or suspend, or impose conditions on, the accreditation of the register.

(6) The Authority may refuse to accredit a register, or to continue to accredit a register, unless the person who maintains the register pays a fee of such amount as the Authority may determine.

(7) The Authority must publish such accreditation criteria as it sets.

(8) The Authority may publish a list of registers accredited under this section.

(9) Voluntary register ” has the meaning given in section 25E.

[F54 (10) In this section “ regulatory body ” does not include Social Work England. F54]

25H Accreditation of voluntary register: impact assessment

(1) Before accrediting a register under section 25G, the Authority—

(a) must make an assessment of the likely impact of doing so, and

(b) must consult such persons as it considers appropriate.

(2) For that purpose, the Authority must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate.

(3) An assessment under this section must, in particular, include an assessment of the likely impact of accrediting the register on—

(a) persons who are, or are eligible to be, included in the register;

(b) persons who employ persons who are, or are eligible to be, included in the register;

(c) users of health care [F55 and users of social care in England F55] .

(4) For the purposes of subsection (3), the Authority may request the person who maintains the register to provide it with such information as it specifies; and if the person refuses to comply with the request, the Authority may refuse to accredit the register.

(5) The Authority may publish any assessment it makes under this section.

(6) In deciding whether to accredit a register under section 25G, the Authority must have regard to its assessment under this section in relation to the register.

25I Functions of the Authority in relation to accredited voluntary registers

(1) The Authority has the following functions—

(a) to promote the interests of users of health care, users of social care in England F56 ... and other members of the public in relation to the performance of voluntary registration functions,

(b) to promote best practice in the performance of voluntary registration functions, and

(c) to formulate principles of good governance in the performance of voluntary registration functions and to encourage persons who maintain or operate accredited voluntary registers to conform to those principles.

(2) In this section—

(a) a reference to the performance of voluntary registration functions is a reference to the maintenance or operation of an accredited voluntary register, and

(b) accredited voluntary register ” means a register accredited under section 25G”. F53]

26 Powers and duties of the [F57 Authority F57] : general

(1) Except as mentioned in subsections (3) to (6), the [F58 Authority F58] may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.

(2) The [F58 Authority F58] may, for example, do any of the following—

(a) investigate, and report on, the performance by each regulatory body of its functions,

(b) where a regulatory body performs functions corresponding to those of another body (including another regulatory body), investigate and report on how the performance of such functions by the bodies in question compares,

(c) recommend to a regulatory body changes to the way in which it performs any of its functions.

[F59 (2A) A reference in subsection (2) to a regulatory body includes a reference to a person other than a regulatory body who has voluntary registration functions; and for that purpose, the only functions that person has are the person's voluntary registration functions. F59]

(3) The [F58 Authority F58] may not do anything in relation to the case of any individual in relation to whom—

(a) there are, are to be, or have been proceedings before a committee of a regulatory body, or the regulatory body itself or any officer of the body, or

(b) an allegation has been made to the regulatory body, or one of its committees or officers, which could result in such proceedings.

[F60 (3A) A reference in subsection (3) to a regulatory body includes a reference to a person other than a regulatory body in so far as that person has voluntary registration functions. F60]

[F61 (4) Subsection (3) does not prevent the [F58 Authority F58] from—

(a) taking action under section 28,

(b) where section 29 applies, taking action under that section after the regulatory body's proceedings have ended, F62 ...

(c) investigating particular cases with a view to making general reports on the performance by the regulatory body of its functions or making general recommendations to the regulatory body affecting future cases F61][F63 , or

(d) requesting that the General Medical Council exercises the power conferred by article 15(1) of the Anaesthesia Associates and Physician Associates Order 2024 so as to revise a decision of a case examiner to take any step under article 10(3) of that Order other than a decision to refer a matter on to a Panel. F63]

[F64 (4A) For the purposes of paragraph (c) of subsection (4), the reference in that subsection to subsection (3) includes a reference to subsection (3) as construed in accordance with subsection (3A). F64]

F65 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) [F66 The Authority F66] may not do anything in relation to the functions of the Pharmaceutical Society of Northern Ireland (or its Council, or an officer or committee of the Society) unless those functions are—

(a) conferred on the Society (or its Council, or an officer or committee of the Society) by or by virtue of any provision of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)), other than Article 3(3)(e) (the benevolent functions),

(b) conferred as mentioned in paragraph (a) by, or by virtue of, an Order in Council under section 60 of the 1999 Act or an order under section 56 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (which makes provision corresponding to section 60 of the 1999 Act), or

(c) otherwise conferred as mentioned in paragraph (a) and relate to the regulation of the profession regulated by the Pharmacy (Northern Ireland) Order 1976.

F67 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In section 60(1) of the 1999 Act (regulation of health care and associated professions), after paragraph (b) there is inserted—

(c) modifying the functions, powers or duties of the Council for the Regulation of Health Care Professionals,

(d) modifying the list of regulatory bodies (in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002) in relation to which that Council performs its functions,

(e) modifying, as respects any such regulatory body, the range of functions of that body in relation to which the Council performs its functions.

(10) In Schedule 3 to the 1999 Act (which makes further provision about orders under section 60 of that Act), in paragraph 7, after sub-paragraph (3) there is inserted—

(4) An Order may not confer any additional powers of direction over the Council for the Regulation of Health Care Professionals.

(11) In subsections (3) and (4), “ proceedings ”, in relation to a regulatory body, or one of its committees or officers, includes a process of decision-making by which a decision could be made affecting the registration of the individual in question.

F69 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F70 (13) In this section, “ voluntary registration functions ” is to be construed in accordance with section 25I. F70]

[F7126A Powers of Secretary of State and devolved administrations

(1) The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the [F72 Authority F72] for advice on any matter connected with a profession appearing to the person making the request to be a health care profession; and the [F72 Authority F72] must comply with such a request.

[F73 (1A) The Secretary of State may request the Authority for advice on any matter connected with the social work profession, or social care workers, in England; and the Authority must comply with such a request. F73]

[F74 (1B) The Secretary of State may request the Authority for advice on any matter connected with accreditation of registers under section 25G; and the Authority must comply with such a request.

(1C) The Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the Authority for advice on any matter connected with accreditation of registers under section 25G other than accreditation of registers referred to in subsection (1D); and the Authority must comply with such a request.

(1D) The registers are registers of persons who are or have been—

(a) unregulated social care workers in England,

F75 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) participating in studies for the purpose of becoming an unregulated social care worker in England.

[F76 (1E) In subsection (1D), “ unregulated social care worker in England ” has the meaning given in section 25E. F76,F74]]

(2) The Secretary of State, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may require the [F72 Authority F72] to investigate and report on a particular matter in respect of which the [F77 Authority's F77] functions are exercisable.

[F78 (2A) A person to whom the Authority gives advice, or for whom it investigates and reports on a matter, under this section must pay such fee as the Authority determines; and the fee may be charged by reference to the advice or the investigation and report concerned or on a periodic basis. F78]

(3) In this section [F79

[F8026B Duty to inform and consult the public

(1) For the purpose of ensuring that members of the public are informed about the [F81 Authority F81] and the exercise by it of its functions, the [F81 Authority F81] must publish or provide in such manner as it thinks fit information about the [F81 Authority F81] and the exercise of its functions.

[F82 (1A) The references in subsection (1) to the Authority's functions do not include a reference to its accreditation functions.

(1B) For the purpose of ensuring that members of the public are informed about the exercise by the Authority of its accreditation functions, the Authority may publish or provide in such manner as it thinks fit information about the exercise of those functions.

(1C) For the purposes of this section, the Authority's accreditation functions are—

(a) its functions under sections 25G to 25I,

(b) its functions under section 26 that relate to the performance of voluntary registration functions (within the meaning given by section 25I), and

(c) its function under section 26A(1B). F82]

(2) Nothing in subsection (1) [F83 or (1B) F83] authorises or requires the publication or provision of information if the publication or provision of that information—

(a) is prohibited by any enactment, or

(b) would constitute or be punishable as a contempt of court.

(3) In subsection (2) “ enactment ” has the same meaning as in Part 2 of the Health and Social Care Act 2008.

(4) The [F84 Authority F84] must from time to time seek the views of—

(a) members of the public, and

(b) bodies which appear to the [F84 Authority F84] to represent the interests of [F85 users of health care, users of social care in England or users of social work services in England F85] ,

on matters relevant to the exercise by it of its functions [F86 (other than its accreditation functions) F86] . F80]

27 Regulatory bodies and the [F87 Authority F87]I7

(1) Each regulatory body must in the exercise of its functions co-operate with the [F88 Authority F88] .

(2) If the [F88 Authority F88] considers that it would be desirable to do so for the protection of members of the public, it may give directions requiring a regulatory body [F89 other than Social Work England F89] to make rules (under any power the body has to do so) to achieve an effect which must be specified in the directions.

(3) [F90 The Authority F90] may give such directions only in relation to rules which must be approved by the Privy Council (whether by order or not) or by the Department of Health, Social Services and Public Safety in Northern Ireland before coming into force.

(4) The [F91 Authority F91] must send a copy of any such directions to the relevant authority.

(5) The relevant authority is the [F92 Privy Council F92] or, if the regulatory body in question is the Pharmaceutical Society of Northern Ireland, the Department of Health, Social Services and Public Safety there.

(6) The directions do not come into force until the date specified in an order made by the relevant authority.

(7) The [F93 Privy Council F93] must lay before both Houses of Parliament, or (as the case may be) the Department of Health, Social Services and Public Safety must lay before the Northern Ireland Assembly, a draft of an order—

(a) F94 setting out any directions ... it receives pursuant to subsection (4), and

(b) specifying the date on which the directions are to come into force.

(8) Subsections (4) to (7) apply also to—

(a) directions varying earlier directions, and

(b) directions revoking earlier directions, and given after—

(i) both Houses of Parliament have resolved to approve the draft order specifying the date on which the earlier directions are to come into force, or (as the case may be)

(ii) the Northern Ireland Assembly has done so.

(9) Subsections (4) and (5) apply also to directions—

(a) revoking earlier directions, but

(b) which do not fall within subsection (8)(b),

but subsections (6) and (7) do not apply to such directions.

(10) If the [F95 Authority F95] gives directions which fall within subsection (9), the earlier directions which those directions revoke shall be treated as if subsections (6) and (7) had never applied to them, and as never in force.

(11) A regulatory body must comply with directions given under subsection (2) which have come into force and have not been revoked.

(12) A regulatory body is not to be taken to have failed to comply with such directions merely because a court determines that the rules made pursuant to the directions are to be construed in such a way that the effect referred to in subsection (2) is not achieved.

(13) The [F96 Privy Council F96] shall make provision in regulations as to the procedure to be followed in relation to the giving of directions under subsection (2).

(14) The regulations must, in particular, make provision requiring the [F97 Authority F97] to consult a regulatory body before giving directions relating to it under subsection (2).

(15) In this section—

(a) making rules includes amending or revoking rules, and

(b) rules ” includes regulations, byelaws and schemes.

28 Complaints about regulatory bodies I8

(1) [F98 The Privy Council F98] may make provision in regulations about the investigation by the [F99 Authority F99] of complaints made to it about the way in which a regulatory body [F100 other than Social Work England F100] has exercised any of its functions.

(2) The regulations may, in particular, make provision as to—

(a) who (or what description of person) is entitled to complain,

(b) the nature of complaints which the [F101 Authority F101] must (or need not) investigate,

(c) matters which are excluded from investigation,

(d) requirements to be complied with by a person who makes a complaint,

(e) the procedure to be followed by the [F102 Authority F102] in investigating complaints,

(f) the making of recommendations or reports by the [F102 Authority F102] following investigations,

(g) the confidentiality, or disclosure, of any information supplied to the [F102 Authority F102] or acquired by it in connection with an investigation,

(h) the use which the [F102 Authority F102] may make of any such information,

(i) the making of payments to any persons in connection with investigations,

(j) privilege in relation to any matter published by the [F103 Authority F103] in the exercise of its functions under the regulations.

(3) The regulations may also make provision—

(a) empowering the [F104 Authority F104] to require persons to attend before it,

(b) empowering the [F104 Authority F104] to require persons to give evidence or produce documents to it,

(c) about the admissibility of evidence,

(d) enabling the [F105 Authority F105] to administer oaths.

(4) No person shall be required by or by virtue of regulations under this section to give any evidence or produce any document or other material to the [F106 Authority F106] which he could not be compelled to give or produce in civil proceedings before the High Court or, in Scotland, the Court of Session.

29 Reference of disciplinary cases by [F107 Authority F107] to court cross-notes

(1) This section applies to—

[F108 (a) a direction of the Fitness to Practise Committee of the General Pharmaceutical Council under article 54 of the Pharmacy Order 2010 (consideration by the Fitness to Practise Committee) or under section 80 of the Medicines Act 1968 (power to disqualify and direct removal from register), F108]

(b) a direction of the Statutory Committee of the Pharmaceutical Society of Northern Ireland under Article 20 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) (control of registrations by Statutory Committee) or section 80 of the Medicines Act 1968,

[F109 (c) a direction by [F110 a Medical Practitioners Tribunal F110] of the General Medical Council under section 35D of the Medical Act 1983 (c. 54) that the fitness to practise of a medical practitioner was impaired F111 ..., F109]

[F112 (ca) a direction by a Medical Practitioners Tribunal of the General Medical Council under paragraph 5A(3D) or 5C(4) of Schedule 4 to the Medical Act 1983 for suspension of a person’s registration or for conditional registration, F112]

[F113 (e) a direction by the Professional Conduct Committee, the Professional Performance Committee or the Health Committee of the General Dental Council under any of sections 27B, 27C, 36P or 36Q of the Dentists Act 1984 following a determination that a person’s fitness to practise as a dentist or as a member of a profession complementary to dentistry, or class of members of such a profession, is impaired F114 ..., F113]

[F115 (f) a direction by the Fitness to Practise Committee of the General Optical Council under section 13F(2) of the Opticians Act 1989 (powers of Fitness to Practise Committee)F116 ...; F115]

[F117 (g) any step taken—

(i) by the Professional Conduct Committee of the General Osteopathic Council under section 22 of the Osteopaths Act 1993 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or

(ii) by the Health Committee of the General Osteopathic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee), F117]

[F118 (h) any step taken—

(i) by the Professional Conduct Committee of the General Chiropractic Council under section 22 of the Chiropractors Act 1994 (which relates to action to be taken in cases of allegations referred to the Professional Conduct Committee), or

(ii) by the Health Committee of the General Chiropractic Council under section 23 of that Act (which relates to action to be taken in cases of allegations referred to the Health Committee), F118]

[F119 (ha) any step taken under article 10(5) or 13(1) of the Anaesthesia Associates and Physician Associates Order 2024 by a panel constituted under that Order,

(hb) any step taken by the General Medical Council under article 14(2) or (3) of the Anaesthesia Associates and Physician Associates Order 2024,

(hc) any revision by the General Medical Council under article 15(1) of the Anaesthesia Associates and Physician Associates Order 2024 where the decision revised is a decision under article 10(5) of that Order, F119]

(i) any corresponding measure taken in relation to a nurse [F120 or midwife under the Nursing and Midwifery Order 2001F120] ,

[F121 (j) any corresponding measure taken in relation to a member of a profession regulated by [F122the Health Professions Order 2001F122] , under that Order. F121]

(2) This section also applies to—

(a) a final decision of the relevant committee not to take any disciplinary measure under the provision referred to in whichever of paragraphs (a) to (h) of subsection (1) applies,

(b) any corresponding decision taken in relation to a nurse [F123 or midwife under the Nursing and Midwifery Order 2001F123] , or to any such person as is mentioned in subsection (1)(j) and

(c) a decision of the relevant regulatory body, or one of its committees [F124 , panels F124] or officers, to restore a person to the register following his removal from it in accordance with any of the measures referred to in paragraphs (a) to (j) of subsection (1).

[F125 (2A) This section also applies to any steps or decisions which are taken by Social Work England (or any of its committees or officers) in connection with fitness to practise or discipline and which are of a description specified in regulations made by the Secretary of State. F125]

(3) The things to which this section applies are referred to below as “relevant decisions”.

[F126 (4) Where a relevant decision is made, the Authority may refer the case to the relevant court if it considers that the decision is not sufficient (whether as to a finding or a penalty or both) for the protection of the public.

(4A) Consideration of whether a decision is sufficient for the protection of the public involves consideration of whether it is sufficient—

(a) to protect the health, safety and well-being of the public;

(b) to maintain public confidence in the profession concerned; and

(c) to maintain proper professional standards and conduct for members of that profession. F126]

[F127 (5) In subsection (4) [F128 (subject to subsection (5A)) F128] , the “relevant court” —

(a) in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Scotland, means the Court of Session,

(b) in the case of a person who (in accordance with the rules applying to the body making the relevant decision) was, or was required to be, notified of the relevant decision at an address in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c) in the case of any other person, means the High Court of Justice in England and Wales. F127]

[F129 (5A) In relation to something that is a relevant decision as a result of subsection (2A), “ the relevant court ” means the High Court of Justice in England and Wales. F129]

(6) [F130 The Authority F130] may not so refer a case after the end of the period of [F131

(a) F131][F132 40 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decisionF132][F133 , or

(b) in the case of a relevant decision against which it is not possible for the practitioner concerned to appeal, 56 days beginning with the day on which notification of the decision was served on the person to whom the decision relates F133] .

(7) If the [F134 Authority F134] does so refer a case—

(a) the case is to be treated by the court to which it has been referred as an appeal by the [F134 Authority F134] against the relevant decision (even though the [F134 Authority F134] was not a party to the proceedings resulting in the relevant decision), and

(b) the body which made the relevant decision[F135 (as well as the person to whom the decision relates) F135] is to be a respondent.

[F136 (7A) In a case where the relevant decision is taken by a committee, the reference in subsection (7)(b) to the body which made the decision is to be read as a reference to the body of which it is a committee. F136]

[F137 (7B) In a case where the relevant decision is taken by a panel constituted under the Anaesthesia Associates and Physician Associates Order 2024, the reference in subsection (7)(b) to the body which made the decision is to be read as a reference to the General Medical Council. F137]

(8) The court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the relevant decision,

(c) substitute for the relevant decision any other decision which could have been made by the committee or other person concerned, or

(d) remit the case to the committee or other person concerned to dispose of the case in accordance with the directions of the court [F138 or, in the case of a relevant decision within subsection (1)(c) or (ca) or a relevant decision within subsection (2)(a) or (c) not to take a disciplinary measure under a provision referred to in subsection (1)(c) or (ca), remit the case to the Medical Practitioners Tribunal Service for them to arrange for a Medical Practitioners Tribunal so to dispose of the case F138] ,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

[F139 (9) Where rules under paragraph 1 of Schedule 4 to the Medical Act 1983 provide, by virtue of paragraph 1(2E) of that Schedule, for the application of section 35D of that Act, the reference in subsection (1)(c) of this section to section 35D of that Act includes a reference to that section as so applied.

(10) The reference in subsection (1)(ca) to paragraph 5A(3D) of the Medical Act 1983 includes a reference to that provision as applied by section 35A(6E) of that Act. F139]

[F14029A. References under section 29: role of the General Medical Council

(1) If the Authority makes a reference under section 29 of a case involving a relevant decision such as is mentioned in subsection (8)(d) of that section—

(a) the Authority must without delay give the General Medical Council notice of the reference; and

(b) the General Medical Council may not bring an appeal under section 40A of the Medical Act 1983 against the decision.

(2) Where the General Medical Council is the respondent in the case of a reference under section 29, the matters which it may raise on the reference include any matter that it could have raised on an appeal against the relevant decision under section 40A of the Medical Act 1983.

(3) If the General Medical Council is the respondent in the case of a reference under section 29, and the Authority either wishes to withdraw the reference or, having agreed the terms of a settlement of the case with the person to whom the relevant decision relates, wishes the case to be disposed of on those terms, the Authority must give notice of its wish to the Council.

(4) The General Medical Council, having received a notice under subsection (3), must by notice inform the relevant court, the Authority and the person concerned whether it wishes the proceedings on the reference to continue.

(5) Where the General Medical Council gives notice under subsection (4) that it wishes the proceedings to continue, they are to continue but, from the time when the Council gives its notice to the relevant court under subsection (4), are to be treated as proceedings on an appeal made by the Council under section 40A of the Medical Act 1983.

(6) In a case within subsection (5), the General Medical Council must give notice to the relevant court, the Authority and the person concerned specifying the grounds of its case; and—

(a) the person concerned has the opportunity to respond accordingly, and

(b) the Authority has the opportunity to become a party to the appeal by virtue of section 40B(2) of the Medical Act 1983.

(7) A requirement in this section to give a notice to a specified person is in addition to such requirements as are imposed by rules of court in relation to the persons to whom notice is to be given; and the giving of notice under this section is subject to such other requirements relating to the giving of notices as are imposed by rules of court.

(8) In this section, “relevant court” and “relevant decision” each have the same meaning as in section 29. F140]

Appeals

30 Medical practitioners

(1) The Medical Act 1983 (c. 54) is amended as follows.

(2) In section 40 (appeals)—

(a) in subsection (1), paragraph (c) is omitted,

(b) after subsection (1), there is inserted—

(1A) A decision of the General Council under section 39 above giving a direction for erasure is also an appealable decision for the purposes of this section. ,

(c) for subsection (3) there is substituted—

(3) A person in respect of whom an appealable decision falling within subsection (1) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 36(6), 36A(7), or 37(6) above, or section 41(7) or 45(7) below, appeal against the decision to the relevant court.

(3A) In subsection (3), “ the relevant court ”—

(a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c) in the case of any other person (including one appealing against a decision falling within subsection (1)(e)), means the High Court of Justice in England and Wales.

(3B) A person in respect of whom an appealable decision falling within subsection (1A) above has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 39(2), appeal against the decision to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register is situated. ,

(d) subsections (4) to (6), (9) and (10) are omitted, and

(e) for subsections (7) and (8) there is substituted—

(7) On an appeal under this section from the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee, the court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the direction or variation appealed against,

(c) substitute for the direction or variation appealed against any other direction or variation which could have been given or made by the committee concerned, or

(d) remit the case to the committee concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(8) On an appeal under this section from the General Council, the court (or the sheriff) may—

(a) dismiss the appeal,

(b) allow the appeal and quash the direction appealed against, or

(c) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or in Scotland, expenses) as it (or he) thinks fit.

(3) In Schedule 4 (proceedings before Professional Conduct, Health and Preliminary Proceedings Committees)

(a) in paragraph 3(b), the words “to Her Majesty in Council” are omitted and for “the Judicial Committee” there is substituted “ the court (or the sheriff) ” ,

(b) in paragraph 10(1)—

(i) for “section 37 of this Act and” there is substituted section 37 of this Act, ” ,

(ii) after “or 37 of this Act”, there is inserted “ and a direction for erasure given by the General Council under section 39 of this Act , and

(iii) in paragraph (a), for the words “mentioned in subsection (3) of that section” there is substituted “ specified in that section ” ,

(c) paragraph 10(2) is omitted, and

(d) in paragraph 10(3)—

(i) “or (2)” is omitted,

(ii) “or that sub-paragraph as applied by sub-paragraph (2) above” is omitted,

(iii) for “mentioned in section 40(3)” there is substituted “ specified in section 40 ” , and

(iv) for “mentioned in the said section 40(3)” there is substituted “ specified in section 40 of this Act .

31 Dentists

(1) The Dentists Act 1984 (c. 24) is amended as follows.

(2) In section 29 (appeals)—

(a) in subsection (1), for the words from “to Her” to the end there is substituted “ against that determination or direction to the relevant court. ” ,

(b) after subsection (1) there is inserted—

(1A) In subsection (1), “ the relevant court ”—

(a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c) in the case of any other person, means the High Court of Justice in England and Wales. ,

(c) subsection (2) is omitted, and

(d) for subsection (3) there is substituted—

(3) On an appeal under this section, the court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the determination or direction appealed against,

(c) (in the case of an appeal against a determination under section 27 above or a direction under section 28 above) substitute for the determination or direction appealed against any other determination or direction which could have been made or given by the Professional Conduct Committee or (as the case may be) the Health Committee, or

(d) remit the case to the Professional Conduct Committee, the Health Committee or the Continuing Professional Development Committee to dispose of the case under section 27 or 28 above or Schedule 3A to this Act in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(3) In section 44 (withdrawal of privilege from body corporate)

(a) in subsection (4)—

(i) after “days” there is inserted “ from service ” , and

(ii) for the words from “in accordance” to “Majesty in Council” there is substituted “ appeal to the relevant court ” , and

(b) after subsection (4) there is inserted—

(4A) In subsection (4), “ the relevant court ”—

(a) where the registered office of the body corporate is in Northern Ireland, means the High Court of Justice in Northern Ireland,

(b) where the registered office of the body corporate is in Scotland, means the Court of Session,

(c) where the registered office of the body corporate is in any other place, means the High Court of Justice in England and Wales.

(4) In section 51, the words from “(other” to “appeals)” are omitted.

(5) In section 34A (professional training and development requirements), in subsection (7)(b), for “to Her Majesty in Council” there is substituted “ under section 29 above to the relevant court ” .

(6) Subsection (5) has effect—

(a) upon the coming into force of this section, if that happens after the coming into force of article 8 of the Dentists Act 1984 (Amendment) Order 2001 (S.I. 2001/3926) (“the Dentists Order”) so far as that article effects the insertion into the Dentists Act 1984 (c. 24) of the new section 34A(7)(b),

(b) otherwise, immediately after the coming into force to that extent of that article.

(7) If this section comes into force before article 10(3) of the Dentists Order

(a) paragraphs (b), (c) and (d) of article 10(3) of that Order are revoked upon the coming into force of this section, and

(b) until the coming into force of the remainder of article 10(3) of that Order, section 29 of the Dentists Act 1984 (c. 24) (as amended by this section) is to be read with the modifications set out in subsection (8).

(8) The modifications are that section 29 is to be read as if—

(a) in each of paragraphs (a) and (b) of subsection (1A), the words “(or if he were registered would be)” were omitted,

(b) in paragraph (c) of subsection (3), the words “(in the case of an appeal against a determination under section 27 above or a direction under section 28 above)” were omitted, and

(c) in paragraph (d) of subsection (3)—

(i) for the words “, the Health Committee or the Continuing Professional Development Committee” there were substituted “ or the Health Committee ” , and

(ii) the words “or Schedule 3A to this Act” were omitted.

32 Opticians

(1) Section 23 of the Opticians Act 1989 (c. 44) (appeals in disciplinary and other cases) is amended as follows.

(2) For subsection (1) there is substituted—

(1) An individual or body corporate who is notified under subsection (11) of section 17—

(a) that a disciplinary order has been made against him under that section; or

(b) that a direction has been given in respect of him under subsection (9) of that section,

may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that order or direction to the relevant court.

(1A) In subsection (1), “ the relevant court ”—

(a) in the case of an individual whose address in the register is in Scotland, or a body corporate whose registered office is in Scotland, means the Court of Session,

(b) in the case of an individual whose address in the register is in Northern Ireland, or a body corporate whose registered office is in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c) in the case of any other individual or body corporate, means the High Court of Justice in England and Wales.

(1B) An individual or body corporate who is notified under subsection (3) of section 19 above that a direction has been given in respect of him under that section may, before the end of the period of 28 days beginning with the date on which notification was served, appeal against that direction to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register or (as the case may be) the registered office is situated.

(1C) On an appeal under this section, the court (or the sheriff) may—

(a) dismiss the appeal,

(b) allow the appeal and quash the order or direction appealed against,

(c) substitute for the order or direction appealed against any other order or direction which could have been made by the Disciplinary Committee, or

(d) remit the case to the Disciplinary Committee to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

(3) In subsection (2), for “any such appeal”, where it first appears, there is substituted “ any appeal under this section ” .

33 Osteopaths

(1) The Osteopaths Act 1993 (c. 21) is amended as follows.

(2) In section 10 (fraud or error in relation to registration)

(a) in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ” ,

(b) for subsection (8) there is substituted—

(8) Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6). ,

(c) subsection (10) is omitted, and

(d) for subsection (11) there is substituted—

(11) On an appeal under this section, the court (or the sheriff) may—

(a) dismiss the appeal,

(b) allow the appeal and quash the order appealed against, or

(c) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

(3) In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (6) and (8), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ” .

(4) In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ” .

(5) In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—

(4) A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.

(4A) On an appeal under subsection (4) above, the court (or the sheriff) may—

(a) dismiss the appeal,

(b) allow the appeal and quash the decision appealed against,

(c) substitute for the decision appealed against any other decision which could have been made by the Registrar, or

(d) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

(6) In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)

(a) in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ” ,

(b) after subsection (1) there is inserted—

(1A) In subsection (1), “ the relevant court ”—

(a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c) in the case of any other person, means the High Court of Justice in England and Wales. ,

(c) subsections (3) to (5) and (7) are omitted, and

(d) for subsection (8) there is substituted—

(8) On an appeal under this section, the court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the decision appealed against,

(c) substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or

(d) remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(7) In section 35 (rules), subsection (3) is omitted.

34 Chiropractors

(1) The Chiropractors Act 1994 (c. 17) is amended as follows.

(2) In section 10 (fraud or error in relation to registration)

(a) in subsection (7), for “Her Majesty in Council” there is substituted “ a county court or, in the case of a person whose address in the register is in Scotland, the sheriff in whose sheriffdom the address is situated ” ,

(b) for subsection (8) there is substituted—

(8) Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notification of the order was served under subsection (6). ,

(c) subsection (10) is omitted, and

(d) for subsection (11) there is substituted—

(11) On an appeal under this section, the court (or the sheriff) may—

(a) dismiss the appeal,

(b) allow the appeal and quash the order appealed against, or

(c) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

(3) In section 22 (consideration of allegations by the Professional Conduct Committee), in each of subsections (7) and (9), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ” .

(4) In section 23 (consideration of allegations by the Health Committee), in each of subsections (4), (5) and (6), for “recommendation under section 31(8)(c)” there is substituted “ decision of a court on an appeal under section 31 ” .

(5) In section 29 (appeals against decisions of the Registrar), for subsections (4) to (6) there is substituted—

(4) A person aggrieved by the decision of the General Council on an appeal under this section may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated.

(4A) On an appeal under subsection (4) above, the court (or the sheriff) may—

(a) dismiss the appeal,

(b) allow the appeal and quash the decision appealed against,

(c) substitute for the decision appealed against any other decision which could have been made by the Registrar, or

(d) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

(6) In section 31 (appeals against decisions of the Professional Conduct Committee and appeal tribunals)

(a) in subsection (1), for the words from “sent to him” to the end there is substituted “ served on him, appeal against it to the relevant court. ” ,

(b) after subsection (1) there is inserted—

(1A) In subsection (1), “ the relevant court ”—

(a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,

(b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and

(c) in the case of any other person, means the High Court of Justice in England and Wales. ,

(c) subsections (3) to (5) and (7) are omitted, and

(d) for subsection (8) there is substituted—

(8) On an appeal under this section, the court may—

(a) dismiss the appeal,

(b) allow the appeal and quash the decision appealed against,

(c) substitute for the decision appealed against any other decision which could have been made by the Professional Conduct Committee or (as the case may be) Health Committee, or

(d) remit the case to the Committee or appeal tribunal concerned to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(7) In section 35 (rules), subsection (3) is omitted.

The pharmacy profession

35 Regulation of the profession of pharmacy

In Schedule 3 to the 1999 Act (which makes provision in relation to orders under section 60 of that Act regulating health care and associated professions), in paragraph 2, for sub-paragraphs (2) and (3) there is substituted—

(2) But (subject to paragraph 12) an order may not amend the Medicines Act 1968 except in connection with the regulation of the profession regulated by the Pharmacy Act 1954.

Part 3 Miscellaneous

F14136 Amendments of health service legislation in connection with consolidation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37 Minor and consequential amendments and repeals I9,I10,I11,I12

(1) The minor and consequential amendments specified in Schedule 8 are to have effect.

(2) The enactments specified in Schedule 9 are repealed to the extent specified.

38 Regulations and orders

(1) Any power under this Act to make any order or regulations is (except in the case of orders under section 22(5)) exercisable by statutory instrument or, in the case of an order made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(2) F143,F144,F145 A statutory instrument containing any order or regulations made by the Secretary of State under this Act, other than [F142 regulations under 29(2A) or F142] ... an order under section ... ... 42(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) F147 A statutory instrument containing regulations under section 28 [F146 or 29(2A) F146] ... or an order of [F148 the Privy Council F148] under section 27, shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

[F149 (3A) A statutory instrument containing regulations made by the Privy Council under section 25A shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3B) Regulations made by the Privy Council under section 25A that include provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the regulations being subject to annulment under subsection (3A)).

(3C) Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc. ) shall apply in relation to regulations of the description given in subsection (3B) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.

(3D) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing regulations of the description given in subsection (3B) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament. F149]

[F150 (3E) A statutory instrument containing regulations made by the Privy Council under section 27 is subject to annulment in pursuance of a resolution of either House of Parliament. F150]

[F151 (3F) A statutory instrument containing regulations made by the Privy Council under paragraph 6 of Schedule 7 is subject to annulment in pursuance of a resolution of either House of Parliament. F151]

(4) No order shall be made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27 unless a draft of the order has been laid before, and approved by resolution of, the Northern Ireland Assembly.

[F152 (4A) The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of Schedule 7 is two; and anything done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an instrument signed by the Clerk of the Council. F152]

(5) Any power under this Act to make any order or regulations may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case,

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,

(iii) any such provision either unconditionally or subject to any specified condition.

(6) Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(7) Any such power includes power—

(a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the authority making the order or regulations considers to be expedient, and

(b) to provide for a person to exercise a discretion in dealing with any matter.

(8) Subsections (5) to (7) do not apply to orders under section 27.

(9) Subject to subsection (8), nothing in this Act shall be read as affecting the generality of subsection (7).

(10) Directions given in pursuance of any provision of this Act are, except where otherwise stated, to be given by instrument in writing.

(11) Any power sconferred by this Act to give directions [F153 by instrument in writing F153] includes power to vary or revoke them by subsequent directions.

39 Supplementary and consequential provision etc cross-notes

(1) The Secretary of State may by regulations make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as he considers necessary or expedient for the purposes of, or in consequence of or for giving full effect to any provision of this Act.

(2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document, including an enactment contained in an Act passed in the same session as this Act.

(3) The power to make regulations under this section is also exercisable by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly.

(4) Nothing in this Act shall be read as affecting the generality of subsection (1).

40 Wales

(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act is (as from the time when the Act is so amended) to be treated as referring to the Act as so amended.

(2) Subsection (1) does not affect the power to make further Orders varying or omitting any such reference.

41 Financial provisions

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State in consequence of this Act, and

(b) any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.

42 Short title, interpretation, commencement and extent P1

(1) This Act may be cited as the National Health Service Reform and Health Care Professions Act 2002.

(2) In this Act—

(3) This Act, apart from—

(a) this section and sections 38 to 41, and

(b) any other provision of this Act so far as it confers any power to make an order or regulations under this Act,

shall come into force on such day as the appropriate authority may by order appoint, and different days may be appointed for different provisions and for different purposes.

(4) In subsection (3), the “ appropriate authority ” is—

(a) in relation to sections 1 to 5, 7, 8, 15 to 22, Part 2, and section 36, the Secretary of State,

(b) in relation to sections 11 to 14, the Secretary of State after consulting the National Assembly for Wales,

(c) in relation to sections 6, 9 and 24, the National Assembly for Wales,

(d) in relation to sections 10 and 23—

(i) the Secretary of State, in relation to England, and

(ii) the National Assembly for Wales, in relation to Wales,

(e) in relation to section 37—

(i) the Secretary of State, as respects any amendment or repeal consequential on provisions falling within paragraph (a),

(ii) the Secretary of State, after consulting the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (b),

(iii) the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (c),

(iv) otherwise, the Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales.

(5) Subject to subsection (6), this Act extends to the whole of the United Kingdom, except for Part 1, which extends to England and Wales only.

(6) The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.

(7) [F155 Subsection (6) does not apply to the amendment of the Police Act 1997 (c. 50) made by paragraph 64 of Schedule 2, which extends to England and Wales only. F155]

(8) The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

SCHEDULES

Section 1(3)

F156 SCHEDULE 1 English Health Authorities: change of name

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2(5)

F157 SCHEDULE 2 Reallocation of functions of Health Authorities to Primary Care Trusts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4(3)

SCHEDULE 3 Amendments relating to Personal Medical Services and Personal Dental Services

Part 1 Amendments of the National Health Service (Primary Care) Act 1997

F158 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F161 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F162 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F163 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 Amendments of other Acts

The 1977 Act

F164 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F165 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

13 In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), after “by a” there is inserted “ Strategic Health Authority, ” .

The 1999 Act

F166 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F167 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F167 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F167 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6(2)

F168 SCHEDULE 4 Local Health Boards

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6(2)

SCHEDULE 5 Amendments relating to Local Health Boards

The Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1 I13,I14 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph 1(gg) there is inserted—

(gh) Local Health Boards; .

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

2 I15,I16 (1) Section 63 of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc) is amended as follows.

(2) In subsection (1)(a), for “or Primary Care Trust” there is substituted “ , Primary Care Trust or Local Health Board ” .

(3) In subsection (5A), for “or Primary Care Trust”, in both places, there is substituted “ , Primary Care Trust or Local Health Board ” .

(4) In subsection (5B), the “and” at the end of paragraph (bb) is omitted, and after that paragraph there is inserted—

(bbb) Local Health Boards; and .

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

3 I17,I18 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—

(a) for “1978 and” there is substituted “ 1978, ” , and

(b) after “1977” there is inserted “ and a Local Health Board established under section 16BA of that Act .

The 1977 Act

F169 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 I19,I20[F170 In section 98 (accounts and audit), in subsection (1), after paragraph (bb) there is inserted—

(bbb) every Local Health Board; . F170]

F171 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F172 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F173 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Acquisition of Land Act 1981 (c. 67)

25 I21,I22 In section 16 of the Acquisition of Land Act 1981(statutory undertakers’ land excluded from compulsory purchase), in subsection (3), the “and” at the end of paragraph (b) is omitted, and at the end of paragraph (c) there is inserted

and

(d) a Local Health Board established under section 16BA of that Act; .

The Hospital Complaints Procedure Act 1985 (c. 42)

26 I23,I24 In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1B), after “Trust”, where it first occurs, there is inserted “ and Local Health Board ” , and in the second place where it occurs there is inserted “ or Local Health Board ” .

The Income and Corporation Taxes Act 1988 (c. 1)

F174 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing Act 1988 (c. 50)

28 I25,I26 In Schedule 2 to the Housing Act 1988(grounds for possession of dwelling-houses let on assured tenancies), in the second paragraph of Ground 16, after “1990,” there is inserted “ or by a Local Health Board, ” .

The Road Traffic Act 1988 (c. 52)

29 I27,I28 In section 144 of the Road Traffic Act 1988(exceptions from requirement of third-party insurance or security), in subsection (2)(da), after “1977” there is inserted “ , by a Local Health Board established under section 16BA of that Act .

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

30 I29,I30The National Health Service and Community Care Act 1990 is amended as follows.

F175 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34 I31,I32 In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Health Authority” there is inserted “ , Local Health Board ” .

35 I33,I34 In section 61 (health service bodies: taxation), in subsection (3), after “Primary Care Trust” there is inserted “ or Local Health Board ” .

F176 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Welsh Language Act 1993 (c. 38)

37 I35,I36 In section 6 of the Welsh Language Act 1993(meaning of “public body”), in subsection (1), after paragraph (f) there is inserted—

(ff) a Local Health Board established under section 16BA of the National Health Service Act 1977; .

The Health Service Commissioners Act 1993 (c. 46)

F177 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

39 I37,I38 In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles), in paragraph 7, at the end of sub-paragraph (d) there is inserted

or

(e) a Local Health Board established under section 16BA of that Act.

The Value Added Tax Act 1994 (c. 23)

40 I39,I40 In section 41 of the Value Added Tax Act 1994 (application to Crown), in subsection (7), after “Primary Care Trust” there is inserted “ and a Local Health Board ” .

The Data Protection Act 1998 (c. 29)

41 I41,I42 In section 69 of the Data Protection Act 1998(meaning of “health professional”), in subsection (3), after paragraph (bb) there is inserted—

(bbb) a Local Health Board established under section 16BA of that Act, .

The Government of Wales Act 1998 (c. 38)

42 (1) The Government of Wales Act 1998 is amended as provided in this paragraph.

(2) In Schedule 5 (bodies and offices covered by section 74), after paragraph 25 there is inserted—

25A A Local Health Board.

(3) In Schedule 17 (audit etc of Welsh public bodies), after paragraph 12 there is inserted—

12A I43,I44 A Local Health Board.

The 1999 Act

F178 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F180 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Care Standards Act 2000 (c. 14)

46 I45,I46 In section 121 of the Care Standards Act 2000 (general interpretation), in subsection (1), in the definition of “National Health Service body”, for “or a Primary Care Trust” there is substituted “ , a Primary Care Trust or a Local Health Board ” .

The Learning and Skills Act 2000 (c. 21)

47 I47,I48 In section 138 of the Learning and Skills Act 2000(Wales: provision of information by public bodies), in subsection (3), after paragraph (b) there is inserted—

(ba) a Local Health Board, .

The Freedom of Information Act 2000 (c. 36)

48 In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 39 there is inserted—

39A I49,I50 A Local Health Board established under section 16BA of the National Health Service Act 1977.

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

F181 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F181 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F181 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 20(11)

SCHEDULE 6 The Commission for Patient and Public Involvement in Health

Status

F182 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers

F182 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Membership

F182 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment, procedure etc

F182 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F182 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F182 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration and allowances

F182 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

F182 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation of functions

F182 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance

F182 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments and loans to the Commission

F182 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts and audit

F182 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports and other information

F182 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of seal and evidence

F182 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F182 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous amendments

16 I51 In the First Schedule to the Public Records Act 1958 (c. 51) (definition of public records), the following entry is inserted at the appropriate place in Part 2 of the Table at the end of paragraph 3—

Commission for Patient and Public Involvement in Health.

F183 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 25(4)

SCHEDULE 7 [F184 The Professional Standards Authority for Health and Social Care F184]

Status

1 [F185 The Authority F185] is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the [F186 Authority's F186] property is not to be regarded as property of, or property held on behalf of, the Crown.

2 For the purposes of—

(a) section 23(2)(b) of the Scotland Act 1998 (c. 46) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and

(b) section 70(6) of that Act (accounts prepared by cross-border bodies),

the [F187 Authority F187] is to be treated as a cross-border public authority within the meaning of that Act.

Powers

3 The power in section 26(1) includes the power to—

(a) acquire and dispose of land and other property, and

(b) enter into contracts.

Membership and chairman

[F188 4 [F189 The Authority F189] is to consist of—

(a) a chair appointed by the Privy Council,

(b) one non-executive member appointed by the Scottish Ministers,

(c) one non-executive member appointed by the Welsh Ministers,

(d) one non-executive member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland,

(e) three non-executive members appointed by [F190 the Privy Council F190] , and

(f) [F191 one executive member F191] appointed in accordance with paragraph 11. F188]

Appointment, procedure etc

F192 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 I52[F193 The Privy Council F193] may by regulations provide for—

[F194 (a) the conditions to be fulfilled for appointment as chair or other member of the [F195 Authority F195] , F194]

(b) the tenure of office of the [F196 chair and non-executive members F196] of the [F195 Authority F195] (including the circumstances in which they cease to hold office or may be removed or suspended from office),

[F197 (ba) the appointment of a member as deputy chair and the circumstances in which that member ceases to hold, or may be removed from, office as deputy chair, F197] and

(c) the appointment of, constitution of and exercise of functions by committees and sub-committees of the [F195 Authority F195] (including committees and sub-committees which consist of or include persons who are not members of the [F195 Authority F195] ).

7 The [F198 Authority F198] may regulate its own procedure.

8 The validity of any proceedings of the [F199 Authority F199] is not affected by a vacancy amongst its members or by a defect in the appointment of a member.

Members’ interests

9 (1) The [F200 Authority F200] must establish and maintain a system for the declaration and registration of private interests of its members.

(2) The [F200 Authority F200] must publish entries recorded in the register of members’ interests.

Remuneration and allowances

10 (1) The [F201 Authority F201] may pay to its [F202 chair F202] , and to any other member of the [F201 Authority F201] , such remuneration and allowances as [F203 the Authority F203] may determine.

(2) The [F201 Authority F201] may pay to any member of a committee or sub-committee of the [F201 Authority F201] such allowances as [F203 the Authority F203] may determine.

[F204 (3) The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in respect of a person who is or has been the chair or any other member of the Authority.

(4) The Authority may, where it considers there are special circumstances that make it right for a person ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may determine. F204]

Employees

[F205 11 (1) The [F206 Authority F206] may appoint the executive [F207 member F207] referred to in paragraph 4(f) on such terms and conditions as the [F206 Authority F206] may determine.

(2) The executive [F208 member must be an employee F208] of the [F206 Authority F206] .

(3) Any decision of the [F206 Authority F206] under sub-paragraph (1) must be taken by the members appointed under paragraph 4(a) to (e).

(4) The [F206 Authority F206] may appoint such other employees as it considers appropriate on such terms and conditions as it may determine. F205]

Delegation of functions

12 (1) The [F209 Authority F209] may arrange for the discharge of any of its functions by—

(a) a committee, sub-committee, member or employee of the [F209 Authority F209] , or

(b) any other person.

(2) If the [F209 Authority F209] does arrange for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Assistance

13 (1) The [F210 Authority F210] may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case.

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

Payments and loans to [F211 Authority F211]

14 (1) The Secretary of State may make payments out of money provided by Parliament to the [F212 Authority F212] of such amounts, at such times and on such conditions (if any) as he considers appropriate.

(2) An appropriate authority may make payments to the [F212 Authority F212] of such amounts, at such times and on such conditions (if any) as it considers appropriate.

[F213 (2A) The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph. F213]

(3) The Secretary of State may make loans out of money provided by Parliament to the [F212 Authority F212] on such terms (including terms as to repayment and interest) as he may determine.

(4) An appropriate authority may make loans to the [F212 Authority F212] on such terms (including terms as to repayment and interest) as it may determine.

F214 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F214 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The Secretary of State may give directions to the [F215 Authority F215] as to the application of any sums received by it under sub-paragraph (1) or (3).

(8) An appropriate authority may give directions to the [F215 Authority F215] as to the application of any sums received by it from the authority under sub-paragraph (2) or (4).

(9) The [F215 Authority F215] must comply with any directions under sub-paragraph (7) or (8).

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

Accounts

15 (1) The [F216 Authority F216] must keep accounts in such form as [F217 the Privy Council F217] may determine.

(2) The [F216 Authority F216] must prepare annual accounts in respect of each financial year in such form as [F217 the Privy Council F217] may determine.

(3) F218 The [F216 Authority F216] must send copies of the annual accounts to ... the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as [F219 the Privy Council F219] may determine.

(4) Within that period the [F216 Authority F216] must also send copies of the annual accounts to—

(a) the Scottish Ministers,

(b) the National Assembly for Wales, and

(c) the Department of Health, Social Services and Public Safety in Northern Ireland.

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

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

(a) the Scottish Parliament by the Scottish Ministers,

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

and the National Assembly for Wales shall publish the accounts.

(7) In this paragraph and paragraph 16, “ financial year ” means—

(a) the period beginning with the date on which the [F220 Authority F220] is established and ending with the next 31st March following that date, and

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

Reports and other information

16 I53 (1) The [F221 Authority F221] must prepare a report on the exercise of its functions during each financial year.

[F222 (1A) The report must state—

(a) how the [F223 Authority F223] , in exercising its functions, has promoted the health, safety and well-being of [F224 users of health care, users of social care in England, users of social work services in England F224] and other members of the public, and

(b) how far, in the opinion of the [F223 Authority F223] , each regulatory body has complied with any duty imposed on it to promote the health, safety and well-being of such persons. F222]

[F225 (1B) The Authority must, by such date in each year as the Privy Council determines, publish—

(a) a strategic plan for the Authority for the coming financial year, and

(b) a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine. F225]

(2) As soon as possible after the end of each financial year, the [F226 Authority F226] must lay a copy of its report for that year [F227 , and a copy of each of its strategic plans published in that year, F227] before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.

(3) The [F226 Authority F226] must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information.

(4) The [F226 Authority F226] must also comply with any corresponding request by—

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

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

Application of seal and evidence

17 The application of the seal of the [F228 Authority F228] must be authenticated by the signature of—

(a) any member of the [F228 Authority F228] , or

(b) any other person who has been authorised by the [F228 Authority F228] (whether generally or specially) for that purpose.

18 A document purporting to be duly executed under the seal of the [F229 Authority F229] or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Meetings of the [F230 Authority F230] in Northern Ireland

19 (1) Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c.9) (which provides for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out below, apply in relation to meetings of the [F231 Authority F231] in Northern Ireland as they apply in relation to meetings of a district council.

(2) The modifications are—

(a) any reference to a district council shall be read as a reference to the [F232 Authority F232] , and

(b) any reference to councillors or members of the council shall be read as references to members of the [F232 Authority F232] .

Miscellaneous amendments

F233 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F233 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F233 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F233 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F233 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 37(1)

SCHEDULE 8 Minor and consequential amendments

The 1977 Act

F234 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F235 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F236 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F237 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Medical Act 1983 (c. 54)

13 The Medical Act 1983 is amended as follows.

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

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

The Dentists Act 1984 (c. 24)

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

The Opticians Act 1989 (c. 44)

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

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

F238 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

19 I54 In Schedule 10 to the Local Government (Wales) Act 1994 (amendments relating to social services), paragraph 11(4) is omitted.

The Health Authorities Act 1995 (c. 17)

20 I55The Health Authorities Act 1995 is amended as follows.

21 I56Section 1 (which substituted section 8 of the 1977 Act) is omitted.

22 I57 In Schedule 1 (amendments), paragraphs 32(b), 53 and 107(12)(b) are omitted.

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

F239 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F239 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Government of Wales Act 1998 (c. 38)

F239 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F239 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F239 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The 1999 Act

F240 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F241 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F241 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F241 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F241 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F241 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F241 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 37(2)

SCHEDULE 9 Repeals

Part 1 National Health Service I58,I59,I60

Short title and chapter Extent of repeal
Health Services and Public Health Act 1968 (c. 46) In section 63(5B), the “and” at the end of paragraph (bb).
National Health Service Act 1977 (c. 49)

In section 17B(1), the words from “which” to the end.

Section 18(1A)(b).

In section 22(1A), the “or” at the end of paragraph (c).

In section 28A(1), the “and” at the end of paragraph (a).

In section 29B(3), the “or” at the end of paragraph (b).

In section 33(1A)(b), “for areas in Wales”.

In section 44(2), “with the approval of the Health Authority”.

In section 51(3), the “and” at the end of paragraph (bb).

Section 97(6)(bb) and (c) and (8).

In section 103(3)(a), “or a Primary Care Trust”.

In section 125, the “and” at the end of paragraph (bb).

In section 126(4A), the “or” at the end of paragraph (b).

In Schedule 12A, in paragraph 4(2) the “or” at the end of paragraph (a); in paragraph 5(1) the “and” at the end of paragraph (a); in paragraph 5(2) the “or” at the end of paragraph (a); and in paragraph 7(3) “or Primary Care Trust”.

Acquisition of Land Act 1981 (c. 67) In section 16(3), the “and” at the end of paragraph (b).
Health Service Commissioners Act 1993 (c. 46) In section 2, in subsection (1)(da), “established for areas in England”; and in subsection (2)(a), “whose areas are in Wales”.
Government of Wales Act 1998 (c. 38)

In Schedule 5, in paragraph 20, “for an area in, or consisting of, Wales”.

In Schedule 17, in paragraph 12, “for an area in, or consisting of, Wales”.

Health Act 1999 (c. 8)

In section 6(2), in the inserted section 28EE of the 1977 Act, subsection (1).

In section 20(1), the “and” at the end of paragraph (d).

In section 23(6), the definition of “NHS premises”.

In Schedule 2, in paragraph 7(2), the words after “Commission”; and paragraph 7(6) and (7).

Health and Social Care Act 2001 (c. 15)

In section 28(7), “or a Primary Care Trust”.

In Schedule 3, in the new Schedule 8A inserted by that Schedule, in paragraph 1(8), “or a Primary Care Trust”.

National Health Service Reform and Health Care Professions Act 2002 (c. 17) In Schedule 2, in paragraph 2, sub-paragraphs (3) to (5); and paragraph 55.

Part 2 Health care professions

Short title and chapter Extent of repeal
Medical Act 1983 (c. 54)

Section 40(1)(c), (4) to (6), (9) and (10).

In Schedule 4, in paragraph 3(b) “to Her Majesty in Council”; paragraph 10(2); in paragraph 10(3) “or (2)”, and “or that sub-paragraph as applied by sub-paragraph (2) above”.

In Schedule 6, in paragraph 18, “section 40(4) of this Act or”.

Dentists Act 1984 (c. 24)

Section 29(2).

In section 51, the words from “(other” to “appeals)”.

Osteopaths Act 1993 (c. 21)

Section 10 (10).

Section 31(3) to (5) and (7).

Section 35(3).

Chiropractors Act 1994 (c. 17)

Section 10(10).

Section 31(3) to (5) and (7).

Section 35(3).

Part 3 Miscellaneous I61,I62

Short title and chapter Extent of repeal
National Health Service Act 1977 (c. 49) In section 97D(1)(b), “, apart from subsection (5A)”.
National Health Service and Community Care Act 1990 (c. 19) In section 12(4), the words after paragraph (b).
Local Government (Wales) Act 1994 (c. 19) In Schedule 10, paragraph 11(4).
Health Authorities Act 1995 (c. 17)

Section 1.

In Schedule 1, paragraphs 32(b), 53 and 107(12)(b).

National Health Service (Primary Care) Act 1997 (c. 46) In Schedule 2, paragraphs 71(3), 73 and 75.
Government of Wales Act 1998 (c. 38) Section 148.
Health Act 1999 (c. 8) In Schedule 4, paragraphs 5, 31(2) and 35.
Health and Social Care Act 2001 (c. 15)

Section 1(4) and (5).

Section 3(3) and (4).

Section 43(5).

In Schedule 5, paragraph 5(12)(b).

Status: National Health Service Reform and Health Care Professions Act 2002 is up to date with all changes known to be in force on or before 09 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
National Health Service Reform and Health Care Professions Act 2002 (2002/17)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
C1Act extended in part (Isles of Scilly) (with modifications) (8.2.2003) by The National Health Service Reform and Health Care Professions Act 2002 (Isles of Scilly) Order 2003 (S.I. 2003/50) , arts. 1 , 2
C2S. 25(3)(g) excluded by 2003 c. 31 , s. 5B(12)(a) (as inserted (31.10.2015) by Serious Crime Act 2015 (c. 9) , ss. 74 , 88(1) ; S.I. 2015/1809 , reg. 2(a) )
C3S. 25(3A) excluded by 2003 c. 31 , s. 5B(12)(b) (as inserted (31.10.2015) by Serious Crime Act 2015 (c. 9) , ss. 74 , 88(1) ; S.I. 2015/1809 , reg. 2(a) )
C4S. 29(1)(c) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 118(5) , 170(3) (4) ; S.I. 2008/3244 , art. 2(f)
C5S. 29(1)(f) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 118(6) , 170(3) (4) ; S.I. 2008/3244 , art. 2(f)
C6S. 39 modified (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 2 para. 1(6)(d) (with Sch. 3 Pt. 1 )
F1S. 1 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F2S. 2(1)-(4) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F3S. 3 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F4S. 4(1) repealed (1.4.2006 for E., 1.4.2006 for W. for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 4 ; S.I. 2005/2925 , art. 11 ; S.I. 2006/345 , art. 7(2)(m) ; S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 13 (with art. 4 )commentary suggests repealedthis amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed: Englandrepealed
F5S. 4(2) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F6S. 5 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F7Ss. 6-10 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F7Ss. 6-10 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F7Ss. 6-10 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F7Ss. 6-10 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F7Ss. 6-10 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F8Ss. 11-14 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 2 ; S.I. 2004/759 , art. 13repealed
F8Ss. 11-14 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 2 ; S.I. 2004/759 , art. 13repealed
F8Ss. 11-14 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 2 ; S.I. 2004/759 , art. 13repealed
F8Ss. 11-14 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 2 ; S.I. 2004/759 , art. 13repealed
F9Ss. 15-18 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F9Ss. 15-18 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F9Ss. 15-18 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F9Ss. 15-18 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F10S. 19(1)-(5) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F11S. 19(6) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28) , s. 245(5) , Sch. 18 Pt. 18 ; S.I. 2008/461 , art. 2(3) , Sch.repealed
F12S. 19(7) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28) , s. 245(5) , Sch. 18 Pt. 18 ; S.I. 2008/461 , art. 2(3) , Sch.repealed
F13S. 20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F14S. 21 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F15S. 22(1)-(3) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F16Words in s. 22(6)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 1 para. 226 (with Sch. 3 Pt. 1 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F17S. 22(8) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F18S. 22(9) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F19S. 23 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F20S. 24 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F21Pt. 2 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 222(5) , 306(4) ; S.I. 2012/2657 , art. 2(3)substituted
F22S. 25 crossheading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 222(4) , 306(4) ; S.I. 2012/2657 , art. 2(3)substituted
F23S. 25 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 222(3) , 306(4) ; S.I. 2012/2657 , art. 2(3)substituted
F24Words in s. 25(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 222(2)(a) , 306(4) ; S.I. 2012/2657 , art. 2(3)substituted
F25Words in s. 25(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 222(2)(b) , 306(4) ; S.I. 2012/2657 , art. 2(3)substituted
F26Words in s. 25(2)(2A) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(a) ; S.I. 2012/2657 , art. 2(3)substituted
F27Words in s. 25(2)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7) , ss. 223(1) , 306(4) ; S.I. 2012/1319 , art. 2(4)substituted
F28S. 25(2A)(2B) substituted for s. 25(2A) (26.9.2016) by Health and Social Care (Safety and Quality) Act 2015 (c. 28) , ss. 5(1) , 6(4) ; S.I. 2016/906 , reg. 2(a)substituted
F29S. 25(3)(f) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231) , art. 1(5) , Sch. 4 para. 10(2) ; S.I. 2010/1621 , art. 2(1) , Sch.substituted
F30S. 25(3)(ga)(gb) substituted (1.1.2009) for s. 25(3)(h)(i) by Health and Social Care Act 2008 (c. 14) , s. 170(3) (4) , Sch. 10 para. 17(2) ; S.I. 2008/3244 , art. 2(i)(xii)substituted
F31Words in s. 25(3)(gb) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 56(b) ; S.I. 2012/1319 , art. 2(4)substituted
F32S. 25(3)(gc) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 2(2) ; S.I. 2019/1436 , reg. 2(r)inserted
F33S. 25(3)(j) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , s. 170(3) (4) , Sch. 10 para. 17(3) ; S.I. 2008/3244 , art. 2(i)(xii)substituted
F34S. 25(3A)(3B) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7) , ss. 220(6) , 306(4) ; S.I. 2012/1319 , art. 2(4)inserted
F35S. 25(3A) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 2(3) ; S.I. 2019/1436 , reg. 2(r)substituted
F36Words in s. 25(3B) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 2(4) ; S.I. 2019/1436 , reg. 2(r)substituted
F37Word in s. 25(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(a) ; S.I. 2012/2657 , art. 2(3)substituted
F38Word in s. 25(5) substituted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7) , ss. 224(2) , 306(1)(d) (4) ; S.I. 2015/409 , art. 2substituted
F39Words in s. 25(6) repealed (1.1.2009) by virtue of Health and Social Care Act 2008 (c. 14) , s. 170(3) (4) , Sch. 10 para. 17(4) , Sch. 15 Pt. 2; S.I. 2008/3244 , art. 2(j)(i)(xii)repealed
F40S. 25A inserted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7) , ss. 224(1) , 306(1)(d) (4) ; S.I. 2015/409 , art. 2inserted
F41Words in s. 25A heading inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 3(3) ; S.I. 2019/1436 , reg. 2(r)inserted
F42Words in s. 25A(1) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 3(2) ; S.I. 2019/1436 , reg. 2(r)inserted
F43S. 25AA inserted (15.1.2018 for the insertion of s. 25AA(12), 1.4.2018 in so far as not already in force) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 4 ; S.I. 2017/1217 , reg. 2(b)(ii) ; S.I. 2018/346 , reg. 4(cc)(ii)inserted
F44S. 25B inserted (16.3.2015) by Health and Social Care Act 2012 (c. 7) , ss. 225(1) , 306(4) ; S.I. 2015/409 , art. 2inserted
F45S. 25C inserted (1.7.2012) by Health and Social Care Act 2012 (c. 7) , ss. 227 , 306(4) ; S.I. 2012/1319 , art. 2(3) (with art. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F46Words in s. 25C(7) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 5 ; S.I. 2019/1436 , reg. 2(r)inserted
F47Words in s. 25C(8)(h) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 5 para. 47(i) ; S.I. 2019/1436 , reg. 2(s)substituted
F48Ss. 25D-25F inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 228 , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F48Ss. 25D-25F inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 228 , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F48Ss. 25D-25F inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 228 , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F49Words in s. 25D(1) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 6(2) ; S.I. 2019/1436 , reg. 2(r)inserted
F50S. 25D(2)(b) and word omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 6(3) ; S.I. 2019/1436 , reg. 2(r)omitted
F51S. 25E(10)(11) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 7 ; S.I. 2019/1436 , reg. 2(r)omitted
F52Words in s. 25F(3)(c) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 8 ; S.I. 2019/1436 , reg. 2(r)substituted
F53Ss. 25G-25I inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 229(1) , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F53Ss. 25G-25I inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 229(1) , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F53Ss. 25G-25I inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 229(1) , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F54S. 25G(10) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 9 ; S.I. 2019/1436 , reg. 2(r)inserted
F55Words in s. 25H(3)(c) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 10 ; S.I. 2019/1436 , reg. 2(r)substituted
F56Words in s. 25I(1)(a) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 11 ; S.I. 2019/1436 , reg. 2(r)omitted
F57Word in s. 26 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(i) ; S.I. 2012/2657 , art. 2(3)substituted
F58Word in s. 26(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(b) ; S.I. 2012/2657 , art. 2(3)substituted
F59S. 26(2A) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 229(2) , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F60S. 26(3A) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 229(3) , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F61S. 26(4) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 115 , 170(3) (4) ; S.I. 2008/3244 , art. 2(c)substituted
F62Word in s. 26(4)(b) omitted (13.12.2024) by virtue of The Anaesthesia Associates and Physician Associates Order 2024 (S.I. 2024/374) , art. 1(3) , Sch. 5 para. 4(2)(a)omitted
F63S. 26(4)(d) and word inserted (13.12.2024) by The Anaesthesia Associates and Physician Associates Order 2024 (S.I. 2024/374) , art. 1(3) , Sch. 5 para. 4(2)(b)inserted
F64S. 26(4A) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 229(4) , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F65S. 26(5) omitted (27.9.2010) by virtue of The Pharmacy Order 2010 (S.I. 2010/231) , art. 1(5) , Sch. 4 para. 10(3) ; S.I. 2010/1621 , art. 2(1) , Sch.omitted
F66Words in s. 26(6) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 63 ; S.I. 2012/2657 , art. 2(3)substituted
F67S. 26(7) repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 116(2) , 170(3) (4) , Sch. 15 Pt. 2 ; S.I. 2008/3244 , art. 2(c)(j)repealed
F68S. 26(8) repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 116(2) , 170(3) (4) , Sch. 15 Pt. 2 ; S.I. 2008/3244 , art. 2(c)(j)repealed
F69S. 26(12) omitted (1.12.2012) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 64 ; S.I. 2012/2657 , art. 2(3)omitted
F70S. 26(13) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 229(5) , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F71S. 26A inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 116(1) , 170(3) (4) ; S.I. 2008/3244 , art. 2(c)inserted
F72Words in s. 26A(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(c) ; S.I. 2012/2657 , art. 2(3)substituted
F73S. 26A(1A) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7) , ss. 223(3) , 306(4) ; S.I. 2012/1831 , art. 2(2) (with art. 8 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F74Ss. 26A(1B)-(1E) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 229(6) , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F75S. 26A(1D)(b) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 12(2) ; S.I. 2019/1436 , reg. 2(r)omitted
F76S. 26A(1E) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 12(3) ; S.I. 2019/1436 , reg. 2(r)substituted
F77Word in s. 26A(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 65 ; S.I. 2012/2657 , art. 2(3)substituted
F78S. 26A(2A) inserted (1.2.2016) by Health and Social Care Act 2012 (c. 7) , ss. 223(4) , 306(4) ; S.I. 2016/81 , art. 2inserted
F79Words in s. 26A(3) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7) , ss. 223(5) , 306(4) ; S.I. 2012/1319 , art. 2(4)inserted
F80S. 26B inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 117 , 170(3) (4) ; S.I. 2008/3244 , art. 2(c)inserted
F81Words in s. 26B(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(d) ; S.I. 2012/2657 , art. 2(3)substituted
F82Ss. 26B(1A)-(1C) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 229(7) , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F83Words in s. 26B(2) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 229(8) , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F84Words in s. 26B(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(d) ; S.I. 2012/2657 , art. 2(3)substituted
F85Words in s. 26B(4)(b) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7) , ss. 223(6) , 306(4) ; S.I. 2012/1831 , art. 2(2)substituted
F86Words in s. 26B(4) inserted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 229(9) , 306(4) ; S.I. 2012/2657 , art. 2(3)inserted
F87Word in s. 27 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(i) ; S.I. 2012/2657 , art. 2(3)substituted
F88Words in s. 27(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(e) ; S.I. 2012/2657 , art. 2(3)substituted
F89Words in s. 27(2) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 13 ; S.I. 2019/1436 , reg. 2(r)inserted
F90Words in s. 27(3) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 63 ; S.I. 2012/2657 , art. 2(3)substituted
F91Word in s. 27(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(e) ; S.I. 2012/2657 , art. 2(3)substituted
F92Words in s. 27(5) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 223(7) , 306(4) ; S.I. 2018/617 , art. 2(a)substituted
F93Words in s. 27(7) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 223(8)(a) , 306(4) ; S.I. 2018/617 , art. 2(a)substituted
F94Words in s. 27(7)(a) omitted (4.6.2018) by virtue of Health and Social Care Act 2012 (c. 7) , ss. 223(8)(b) , 306(4) ; S.I. 2018/617 , art. 2(a)omitted
F95Word in s. 27(10) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(e) ; S.I. 2012/2657 , art. 2(3)substituted
F96Words in s. 27(13) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 223(7) , 306(4) ; S.I. 2018/617 , art. 2(a)substituted
F97Word in s. 27(14) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(e) ; S.I. 2012/2657 , art. 2(3)substituted
F98Words in s. 28(1) substituted (16.3.2015) by Health and Social Care Act 2012 (c. 7) , ss. 225(2) , 306(4) ; S.I. 2015/409 , art. 2substituted
F99Word in s. 28(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(f) ; S.I. 2012/2657 , art. 2(3)substituted
F100Words in s. 28(1) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 14 ; S.I. 2019/1436 , reg. 2(r)inserted
F101Word in s. 28(2)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(f) ; S.I. 2012/2657 , art. 2(3)substituted
F102Words in s. 28(2)(e)(f)(g)(h) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(f) ; S.I. 2012/2657 , art. 2(3)substituted
F103Word in s. 28(2)(j) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(f) ; S.I. 2012/2657 , art. 2(3)substituted
F104Words in s. 28(3)(a)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(f) ; S.I. 2012/2657 , art. 2(3)substituted
F105Word in s. 28(3)(d) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(f) ; S.I. 2012/2657 , art. 2(3)substituted
F106Word in s. 28(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(f) ; S.I. 2012/2657 , art. 2(3)substituted
F107Word in s. 29 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(i) ; S.I. 2012/2657 , art. 2(3)substituted
F108S. 29(1)(a) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231) , art. 1(5) , Sch. 4 para. 10(4) ; S.I. 2010/1621 , art. 2(1) , Sch.substituted
F109S. 29(1)(c) substituted for s. 29(1)(c)(d) (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135) , art. 1(2) (3) , Sch. 1 para. 13 (with Sch. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F110Words in s. 29(1)(c) substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794) , arts. 1(3) , 18(1) ; S.I. 2015/1952 , art. 2(l) (with Sch. para. 3 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F111Words in s. 29(1)(c) omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 73(1)(a) ; S.I. 2012/1319 , art. 2(3)omitted
F112S. 29(1)(ca) inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794) , arts. 1(3) , 18(2) ; S.I. 2015/1952 , art. 2(l) (with Sch. para. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F113S. 29(1)(e) substituted (coming into force in accordance with art. 1(4)-(7) (see the London Gazette, issue nos. 57734, 57975, 58050 and 58769, dated respectively 19.8.2005, 5.6.2006, 21.7.2006 and 18.7.2008) of the amending S.I.) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011) , Sch. 6 para. 4 (with Sch. 7 ) (with transitional provisions in S.I. 2006/1671 )this amendment is subject to savings and/or transitional provisions, see the commentary.this amendment (substituted text) is marked as yet to come into force, see the commentary.this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F114Words in s. 29(1)(e) repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 118(2)(c) , 170(3) (4) , Sch. 15 Pt. 2 ; S.I. 2008/3244 , art. 2(e)(j)repealed
F115S. 29(1)(f) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848) , Sch. 1 para. 13 (with Sch. 2 )this amendment (substituted text) is marked as yet to come into force, see the commentary.this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F116Words in s. 29(1)(f) omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 73(1)(b) ; S.I. 2012/1319 , art. 2(3)omitted
F117S. 29(1)(g) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 118(2)(e) , 170(3) (4) ; S.I. 2008/3244 , art. 2(e)substituted
F118S. 29(1)(h) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 118(2)(f) , 170(3) (4) ; S.I. 2008/3244 , art. 2(e)substituted
F119S. 29(1)(ha)-(hc) inserted (13.12.2024) by The Anaesthesia Associates and Physician Associates Order 2024 (S.I. 2024/374) , art. 1(3) , Sch. 5 para. 4(3)(a)inserted
F120Words in s. 29(1)(i) substituted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771) , art. 1(1) , Sch. para. 1(a)substituted
F121S. 29(1)(j) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 118(2)(g) , 170(3) (4) ; S.I. 2008/3244 , art. 2(e)substituted
F122Words in s. 29(1)(j) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 5 para. 47(i) ; S.I. 2019/1436 , reg. 2(s)substituted
F123Words in s. 29(2)(b) substituted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771) , art. 1(1) , Sch. para. 1(b)substituted
F124Word in s. 29(2)(c) inserted (13.12.2024) by The Anaesthesia Associates and Physician Associates Order 2024 (S.I. 2024/374) , art. 1(3) , Sch. 5 para. 4(3)(b)inserted
F125S. 29(2A) inserted (1.4.2018 for specified purposes, 2.12.2019 in so far as not already in force) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 15(2) ; S.I. 2018/346 , reg. 4(cc)(iv) ; S.I. 2019/1436 , reg. 2(r)inserted
F126S. 29(4)(4A) substituted for s. 29(4) (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794) , arts. 1(3) , 18(3) ; S.I. 2015/1952 , art. 2(l) (with Sch. para. 3 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F127S. 29(5) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 118(3) , 170(3) (4) ; S.I. 2008/3244 , art. 2(f)substituted
F128Words in s. 29(5) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7) , ss. 223(9) , 306(4) ; S.I. 2012/1319 , art. 2(4)inserted
F129S. 29(5A) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 15(3) ; S.I. 2019/1436 , reg. 2(r)substituted
F130Words in s. 29(6) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 63 ; S.I. 2012/2657 , art. 2(3)substituted
F131Words in s. 29(6) inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794) , arts. 1(3) , 18(4)(a) ; S.I. 2015/1952 , art. 2(l) (with Sch. para. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F132Words in s. 29(6) substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 118(4) , 170(3) (4) ; S.I. 2008/3244 , art. 2(f)substituted
F133S. 29(6)(b) and preceding word inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794) , arts. 1(3) , 18(4)(b) ; S.I. 2015/1952 , art. 2(l) (with Sch. para. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F134Words in s. 29(7) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(g) ; S.I. 2012/2657 , art. 2(3)substituted
F135Words in s. 29(7)(b) inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794) , arts. 1(3) , 18(5) ; S.I. 2015/1952 , art. 2(l) (with Sch. para. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F136S. 29(7A) inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794) , arts. 1(3) , 18(6) ; S.I. 2015/1952 , art. 2(l) (with Sch. para. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F137S. 29(7B) inserted (13.12.2024) by The Anaesthesia Associates and Physician Associates Order 2024 (S.I. 2024/374) , art. 1(3) , Sch. 5 para. 4(3)(c)inserted
F138Words in s. 29(8)(d) inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794) , arts. 1(3) , 18(7) ; S.I. 2015/1952 , art. 2(l) (with Sch. para. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F139S. 29(9)(10) inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794) , arts. 1(3) , 18(8) ; S.I. 2015/1952 , art. 2(l) (with Sch. para. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F140S. 29A inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794) , arts. 1(3) , 18(9) ; S.I. 2015/1952 , art. 2(l) (with Sch. para. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F141S. 36 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F142Words in s. 38(2) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 16(2) ; S.I. 2018/346 , reg. 4(cc)(v)inserted
F143Words in s. 38(2) omitted (16.3.2015) by virtue of Health and Social Care Act 2012 (c. 7) , ss. 225(3) , 306(4) ; S.I. 2015/409 , art. 2omitted
F144Word in s. 38(2) omitted (4.6.2018) by virtue of Health and Social Care Act 2012 (c. 7) , ss. 223(11) , 306(4) ; S.I. 2018/617 , art. 2(a)omitted
F145Words in s. 38(2) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F146Words in s. 38(3) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 4 para. 16(3) ; S.I. 2018/346 , reg. 4(cc)(v)inserted
F147Words in s. 38(3) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F148Words in s. 38(3) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 223(12) , 306(4) ; S.I. 2018/617 , art. 2(a)substituted
F149S. 38(3A)-(3D) inserted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7) , ss. 224(3) , 306(1)(d) (4) ; S.I. 2015/409 , art. 2inserted
F150S. 38(3E) inserted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 223(13) , 306(4) ; S.I. 2018/617 , art. 2(a)inserted
F151S. 38(3F) inserted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 226(9) , 306(4) ; S.I. 2018/617 , art. 2(b) (with art. 3 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F152S. 38(4A) inserted (27.3.2012 for specified purposes, 1.8.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7) , ss. 230(5) , 306(1)(d) (4) ; S.I. 2012/1319 , art. 2(4)inserted
F153Words in s. 38(11) omitted (E.W.) (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407) , art. 1(1) , Sch. 1 para. 9 (with art. 4 )this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England and Walesomitted
F154Words in s. 42(2) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F155S. 42(7) repealed (E.W.) (6.4.2006) by Criminal Justice Act 2003 (c. 44) , s. 336(3) (4) , Sch. 37 Pt. 11 ; S.I. 2006/751 , art. 2(d)(iv)repealed: England and Walesrepealed
F156Sch. 1 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 5 para. 102 ; S.I. 2013/160 , art. 2(2) (with arts. 7-9 )this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F157Sch. 2 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 5 para. 103 ; S.I. 2013/160 , art. 2(2) (with arts. 7-9 )this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F158Sch. 3 para. 1 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F159Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 4 ; S.I. 2004/288 , art. 6(2)(s) (with art. 7 ) (as amended by S.I. 2004/866 and S.I. 2005/2925 ); S.I. 2004/480 , art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345 ); S.I. 2005/2925 , art. 11 ; S.I. 2006/345 , art. 7(2)(m) ; S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 13 (with art. 4 )commentary suggests repealedthis amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed: Englandrepealed
F159Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 4 ; S.I. 2004/288 , art. 6(2)(s) (with art. 7 ) (as amended by S.I. 2004/866 and S.I. 2005/2925 ); S.I. 2004/480 , art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345 ); S.I. 2005/2925 , art. 11 ; S.I. 2006/345 , art. 7(2)(m) ; S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 13 (with art. 4 )commentary suggests repealedthis amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed: Englandrepealed
F159Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 4 ; S.I. 2004/288 , art. 6(2)(s) (with art. 7 ) (as amended by S.I. 2004/866 and S.I. 2005/2925 ); S.I. 2004/480 , art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345 ); S.I. 2005/2925 , art. 11 ; S.I. 2006/345 , art. 7(2)(m) ; S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 13 (with art. 4 )commentary suggests repealedthis amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed: Englandrepealed
F159Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 4 ; S.I. 2004/288 , art. 6(2)(s) (with art. 7 ) (as amended by S.I. 2004/866 and S.I. 2005/2925 ); S.I. 2004/480 , art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345 ); S.I. 2005/2925 , art. 11 ; S.I. 2006/345 , art. 7(2)(m) ; S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 13 (with art. 4 )commentary suggests repealedthis amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed: Englandrepealed
F159Sch. 3 paras. 2-6 repealed (1.4.2004 for the repeal of Sch. 3 paras. 5, 6 except for W., 1.4.2004 for W. for the repeal of Sch. 3 paras. 5, 6, 1.4.2006 for E. so far as not already in force, 1.4.2006 for W. for the repeal of Sch. 3 para. 2(1)(3) for specified purposes, 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 4 ; S.I. 2004/288 , art. 6(2)(s) (with art. 7 ) (as amended by S.I. 2004/866 and S.I. 2005/2925 ); S.I. 2004/480 , art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345 ); S.I. 2005/2925 , art. 11 ; S.I. 2006/345 , art. 7(2)(m) ; S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 13 (with art. 4 )commentary suggests repealedthis amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed: Englandrepealed
F160Sch. 3 para. 7 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F161Sch. 3 para. 8 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F162Sch. 3 para. 9 omitted (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by virtue of The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407) , art. 1(1) , Sch. 1 para. 10 (with art. 4 )this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F163Sch. 3 para. 10 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 4 ; S.I. 2004/288 , art. 6(2)(s) (with art. 7 ) (as amended by S.I. 2004/866 and S.I. 2005/2925 ); S.I. 2004/480 , art. 5(2)(s) (as amended by S.I. 2004/1019 and S.I. 2006/345 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F164Sch. 3 para. 11 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F165Sch. 3 para. 12 and cross-heading omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 21 para. 3(4) ; S.I. 2013/160 , art. 2(2) (with arts. 7-9 )this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F166Sch. 3 para. 14 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F167Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 4 ; S.I. 2005/2925 , art. 11 ; S.I. 2006/1407 , art. 1(1) , Sch. 1 para. 13 (with art. 4 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed: Englandrepealed
F167Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 4 ; S.I. 2005/2925 , art. 11 ; S.I. 2006/1407 , art. 1(1) , Sch. 1 para. 13 (with art. 4 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed: Englandrepealed
F167Sch. 3 paras. 15-17 repealed (1.4.2006 for E., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 4 ; S.I. 2005/2925 , art. 11 ; S.I. 2006/1407 , art. 1(1) , Sch. 1 para. 13 (with art. 4 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed: Englandrepealed
F168Sch. 4 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F169Sch. 5 paras. 4-20 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F170Sch. 5 para. 21 repealed (1.2.2007 so far as relating to Welsh NHS bodies) by Health Act 2006 (c. 28) , s. 83(7) , Sch. 9 ; S.I. 2007/204 , art. 4(c)repealed
F171Sch. 5 para. 22 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407) , art. 1(1) , Sch. 2 (with art. 4 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F172Sch. 5 para. 23 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F173Sch. 5 para. 24 repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4) , s. 10(2) , Sch. 4 ; S.I. 2003/2660 , art. 2(1)(iii) (2) ; S.I. 2003/3064 , art. 2(1)(iii) (2)repealed: Englandrepealed
F174Sch. 5 para. 27 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4) , s. 1184(1) , Sch. 3 Pt. 1 (with Sch. 2 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F175Sch. 5 paras. 31-33 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F175Sch. 5 paras. 31-33 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F175Sch. 5 paras. 31-33 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F176Sch. 5 para. 36 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F177Sch. 5 para. 38 repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10) , s. 40 , Sch. 7 ; S.I. 2005/2800 , art. 5(1) (3)repealed
F178Sch. 5 para. 43 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F179Sch. 5 para. 44 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 2 ; S.I. 2004/759 , art. 13repealed
F180Sch. 5 para. 45 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F181Sch. 5 paras. 49-51 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F181Sch. 5 paras. 49-51 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F181Sch. 5 paras. 49-51 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F182Sch. 6 paras. 1-15 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F183Sch. 6 paras. 17-19 repealed (30.6.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28) , s. 245(5) , Sch. 18 Pt. 18 ; S.I. 2008/461 , art. 2(4)(b)(c)repealed
F183Sch. 6 paras. 17-19 repealed (30.6.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28) , s. 245(5) , Sch. 18 Pt. 18 ; S.I. 2008/461 , art. 2(4)(b)(c)repealed
F183Sch. 6 paras. 17-19 repealed (30.6.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28) , s. 245(5) , Sch. 18 Pt. 18 ; S.I. 2008/461 , art. 2(4)(b)(c)repealed
F184Sch. 7 title substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 66 ; S.I. 2012/2657 , art. 2(3)substituted
F185Words in Sch. 7 para. 1 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 63 ; S.I. 2012/2657 , art. 2(3)substituted
F186Word in Sch. 7 para. 1 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 65 ; S.I. 2012/2657 , art. 2(3)substituted
F187Word in Sch. 7 para. 2 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F188Sch. 7 para. 4 substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 114(2) , 170(3) (4) ; S.I. 2008/3244 , art. 2(b)substituted
F189Words in Sch. 7 para. 4 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 63 ; S.I. 2012/2657 , art. 2(3)substituted
F190Words in Sch. 7 para. 4(e) substituted (9.6.2014) by Health and Social Care Act 2012 (c. 7) , ss. 226(2)(a) , 306(4) ; S.I. 2014/1454 , art. 2substituted
F191Words in Sch. 7 para. 4(f) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 226(2)(b) , 306(4) ; S.I. 2012/2657 , art. 2(3)substituted
F192Sch. 7 para. 5 repealed (1.10.2006) by Health Act 2006 (c. 28) , s. 83(7) , Sch. 8 para. 52 , Sch. 9 ; S.I. 2006/2603 , art. 4(5)(c)(iv) (e) , Sch.repealed
F193Words in Sch. 7 para. 6 substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 226(3) , 306(4) ; S.I. 2018/617 , art. 2(b) (with art. 3 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F194Sch. 7 para. 6(a) substituted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14) , ss. 114(3)(a) , 170 ; S.I. 2008/3244 , art. 2(b)substituted
F195Words in Sch. 7 para. 6(a)(b)(c) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F196Words in Sch. 7 para. 6(b) substituted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14) , ss. 114(3)(b) , 170 ; S.I. 2008/3244 , art. 2(b)substituted
F197Sch. 7 para. 6(ba) inserted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14) , ss. 114(3)(c) , 170 ; S.I. 2008/3244 , art. 2(b)inserted
F198Word in Sch. 7 para. 7 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F199Word in Sch. 7 para. 8 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F200Words in Sch. 7 para. 9(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F201Word in Sch. 7 para. 10(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F202Word in Sch. 7 para. 10 substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 114(4) , 170(3) (4) ; S.I. 2008/3244 , art. 2(b)substituted
F203Words in Sch. 7 para. 10(1)(2) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 226(4)(a) , 306(4) ; S.I. 2018/617 , art. 2(b) (with art. 3 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F204Sch. 7 para. 10(3)(4) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 226(4)(b) , 306(4) ; S.I. 2018/617 , art. 2(b) (with art. 3 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F205Sch. 7 para. 11 substituted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 114(5) , 170(3) (4) ; S.I. 2008/3244 , art. 2(b)substituted
F206Words in Sch. 7 para. 11(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F207Word in Sch. 7 para. 11(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 226(5)(a) , 306(4) ; S.I. 2012/2657 , art. 2(3)substituted
F208Words in Sch. 7 para. 11(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , ss. 226(5)(b) , 306(4) ; S.I. 2012/2657 , art. 2(3)substituted
F209Words in Sch. 7 para. 12(1)(2) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F210Word in Sch. 7 para. 13 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F211Word in Sch. 7 para. 14 cross-heading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(j) ; S.I. 2012/2657 , art. 2(3)substituted
F212Words in Sch. 7 para. 14(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F213Sch. 7 para. 14(2A) inserted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by Health and Social Care Act 2012 (c. 7) , ss. 224(4) , 306(1)(d) (4) ; S.I. 2015/409 , art. 2inserted
F214Sch. 7 para. 14(5)(6) omitted (27.3.2012 for specified purposes, 16.3.2015 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7) , ss. 224(5) , 306(1)(d) (4) ; S.I. 2015/409 , art. 2omitted
F215Words in Sch. 7 para. 14(7)(8)(9) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F216Word in Sch. 7 para. 15(1)(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F217Words in Sch. 7 para. 15(1) (2) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 226(6)(a) , 306(4) ; S.I. 2018/617 , art. 2(b) (with art. 3 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F218Words in Sch. 7 para. 15(3) omitted (4.6.2018) by virtue of Health and Social Care Act 2012 (c. 7) , ss. 226(6)(b)(i) , 306(4) ; S.I. 2018/617 , art. 2(b) (with art. 3 )this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F219Words in Sch. 7 para. 15(3) substituted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 226(6)(b)(ii) , 306(4) ; S.I. 2018/617 , art. 2(b) (with art. 3 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F220Word in Sch. 7 para. 15(7)(a) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F221Word in Sch. 7 para. 16(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F222Sch. 7 para. 16(1A) inserted (1.1.2009) by Health and Social Care Act 2008 (c. 14) , ss. 114(6) , 170(3) (4) ; S.I. 2008/3244 , art. 2(b)inserted
F223Words in Sch. 7 para. 16(1A)(a)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F224Words in Sch. 7 para. 16(1A)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7) , ss. 223(14) , 306(4) ; S.I. 2012/1319 , art. 2(4)substituted
F225Sch. 7 para. 16(1B) inserted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 226(7) , 306(4) ; S.I. 2018/617 , art. 2(b)inserted
F226Words in Sch. 7 para. 16(2)(3)(4) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F227Words in Sch. 7 para. 16(2) inserted (4.6.2018) by Health and Social Care Act 2012 (c. 7) , ss. 226(8) , 306(4) ; S.I. 2018/617 , art. 2(b)inserted
F228Words in Sch. 7 para. 17 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F229Word in Sch. 7 para. 18 substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F230Word in Sch. 7 para. 19 cross-heading substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(j) ; S.I. 2012/2657 , art. 2(3)substituted
F231Word in Sch. 7 para. 19(1) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F232Words in Sch. 7 para. 19(2)(a)(b) substituted (1.12.2012) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 15 para. 62(h) ; S.I. 2012/2657 , art. 2(3)substituted
F233Sch. 7 paras. 20-24 repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14) , s. 170(3) (4) , Sch. 15 Pt. 2 ; S.I. 2008/3244 , art. 2(j)repealed
F233Sch. 7 paras. 20-24 repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14) , s. 170(3) (4) , Sch. 15 Pt. 2 ; S.I. 2008/3244 , art. 2(j)repealed
F233Sch. 7 paras. 20-24 repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14) , s. 170(3) (4) , Sch. 15 Pt. 2 ; S.I. 2008/3244 , art. 2(j)repealed
F233Sch. 7 paras. 20-24 repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14) , s. 170(3) (4) , Sch. 15 Pt. 2 ; S.I. 2008/3244 , art. 2(j)repealed
F233Sch. 7 paras. 20-24 repealed (1.1.2009) by Health and Social Care Act 2008 (c. 14) , s. 170(3) (4) , Sch. 15 Pt. 2 ; S.I. 2008/3244 , art. 2(j)repealed
F234Sch. 8 paras. 1-9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F234Sch. 8 paras. 1-9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F234Sch. 8 paras. 1-9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F234Sch. 8 paras. 1-9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F234Sch. 8 paras. 1-9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F234Sch. 8 paras. 1-9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F234Sch. 8 paras. 1-9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F234Sch. 8 paras. 1-9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F234Sch. 8 paras. 1-9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F235Sch. 8 para. 10 repealed (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407) , art. 1(1) , Sch. 2 (with art. 4 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F236Sch. 8 para. 11 repealed (20.10.2003 for W., 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4) , s. 10(2) , Sch. 4 ; S.I. 2003/2660 , art. 2(1)(iii) (2) ; S.I. 2003/3064 , art. 2(1)(iii) (2)repealed: Englandrepealed
F237Sch. 8 para. 12 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F238Sch. 8 para. 18 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F239Sch. 8 paras. 23-27 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F239Sch. 8 paras. 23-27 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F239Sch. 8 paras. 23-27 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F239Sch. 8 paras. 23-27 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F239Sch. 8 paras. 23-27 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F240Sch. 8 paras. 28-31 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 2 ; S.I. 2004/759 , art. 13repealed
F240Sch. 8 paras. 28-31 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 2 ; S.I. 2004/759 , art. 13repealed
F240Sch. 8 paras. 28-31 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 2 ; S.I. 2004/759 , art. 13repealed
F240Sch. 8 paras. 28-31 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43) , s. 199(1) (4) , Sch. 14 Pt. 2 ; S.I. 2004/759 , art. 13repealed
F241Sch. 8 paras. 32-37 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F241Sch. 8 paras. 32-37 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F241Sch. 8 paras. 32-37 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F241Sch. 8 paras. 32-37 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F241Sch. 8 paras. 32-37 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
F241Sch. 8 paras. 32-37 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1 )this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.repealed
I1S. 2 wholly in force at 1.10.2002; s. 2 not in force at Royal Assent, see s. 42(3); s. 2 in force for certain purposes for E. at 2.9.2002 by S.I. 2002/2202 , art. 3(b) and in force at 1.10.2002 insofar as not already in force by S.I. 2002/2478 , art. 3(1)(a): England
I2S. 19 partly in force; s. 19 in force for certain purposes at Royal Assent, see s. 42(3)
I3S. 19 in force at 1.9.2003 in so far as not already in force by S.I. 2003/2246 , art. 2(a)
I4S. 22 partly in force; s. 22 in force for certain purposes at Royal Assent, see s. 42(3)
I5S. 22 in force at 1.12.2003 in so far as not already in force by S.I. 2003/3083 , art. 2
I6S. 25 wholly in force at 1.4.2003; s. 25 not in force at Royal Assent, see s. 42(3); s. 25 in force for certain purposes at 27.8.2002 and for certain further purposes at 1.12.2002 and in force at 1.4.2003 insofar as not already in force by S.I. 2002/2202 , art. 2
I7S. 27 wholly in force at 1.4.2003; s. 27 in force for certain purposes at Royal Assent, see s. 42(3); s. 27 in force at 1.4.2003 by S.I. 2002/2202 , art. 2(3)(c)
I8S. 28 partly in force; s. 28 in force for certain purposes at Royal Assent, see s. 42(3)
I9S. 37 partly in force; s. 37 not in force at Royal Assent, see s. 42(3) ; s. 37(1) in force for specified purposes for E.W. at 1.10.2002 by S.I. 2002/2478 , art. 3(1)(e) and in force for specified purposes for E. at 1.10.2002 by S.I. 2002/2478 , art. 3(2)(b) ; s. 37 in force for specified purposes for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch. ; s. 37(1) in force for specified purposes for E. at 1.1.2003 by S.I. 2002/3190 , art. 2(2)(c) ; s. 37(2) in force for specified purposes for E.W. at 1.1.2003 by S.I. 2002/3190 , art. 2(2)(d) ; s. 37 in force for specified purposes at 1.4.2003 by S.I. 2003/833 , art. 3(b)(c) (with art. 4 )text for certain specified purposes only, see the commentary.this amendment (text ) should be read in conjunction with other related provisions, see the commentary.: England and Wales“s. 37 not in force at Royal Assent, see s. 42(3)”
“s. 37(1) in force for specified purposes for E.W. at 1.10.2002 by S.I. 2002/2478 , art. 3(1)(e) and in force for specified purposes for E. at 1.10.2002 by S.I. 2002/2478 , art. 3(2)(b)”
“s. 37 in force for specified purposes for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.”
“s. 37(1) in force for specified purposes for E. at 1.1.2003 by S.I. 2002/3190 , art. 2(2)(c)”
“s. 37(2) in force for specified purposes for E.W. at 1.1.2003 by S.I. 2002/3190 , art. 2(2)(d)”
“s. 37 in force for specified purposes at 1.4.2003 by S.I. 2003/833 , art. 3(b)(c) (with art. 4 )”
Complex in force status. Note, the provision (or each sub-provision) may be have been brought into force only for certain purposes and/or only for certain geographies), some sub-provisions may be in force while others are not.
I10S. 37(1) in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580 , art. 2(2)(b)text for certain specified purposes only, see the commentary.: England and Walescheck commentary
I11S. 37(1) in force at 1.9.2003 for specified purposes by S.I. 2003/2246 , art. 2(b)text for certain specified purposes only, see the commentary.check commentary
I12S. 37(2) in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580 , art. 2(2)(c)text for certain specified purposes only, see the commentary.: England and Walescheck commentary
I13Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I14Sch. 5 para. 1 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I15Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I16Sch. 5 para. 2 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I17Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I18Sch. 5 para. 3 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I19Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I20Sch. 5 para. 21 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I21Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I22Sch. 5 para. 25 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I23Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I24Sch. 5 para. 26 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I25Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I26Sch. 5 para. 28 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I27Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I28Sch. 5 para. 29 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I29Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I30Sch. 5 para. 30 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I31Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I32Sch. 5 para. 34 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I33Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I34Sch. 5 para. 35 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I35Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I36Sch. 5 para. 37 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I37Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I38Sch. 5 para. 39 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I39Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I40Sch. 5 para. 40 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I41Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I42Sch. 5 para. 41 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I43Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I44Sch. 5 para. 42 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I45Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I46Sch. 5 para. 46 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I47Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I48Sch. 5 para. 47 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I49Sch. 5 not in force at Royal Assent, see s. 42(3); Sch. 5 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I50Sch. 5 para. 48 in force at 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I51Sch. 6 para. 16 partly in force; Sch. 6 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 6 para. 16 in force for E. at 1.1.2003 by S.I. 2002/3190 , art. 2: England
I52Sch. 7 para. 6 wholly in force at 27.8.2002; Sch. 7 para. 6 in force for certain purposes at Royal Assent, see s. 42(3); Sch. 7 para. 6 in force at 27.8.2002 by S.I. 2002/2202 , art. 2(1)
I53Sch. 7 para. 16 wholly in force at 1.4.2003; Sch. 7 para. 16 not in force at Royal Assent, see s. 42(3); Sch. 7 para. 16(1)(2) in force at 1.12.2002 by S.I. 2002/2202 , art. 2(2) ; Sch. 7 para. 16(3)(4) in force at 1.4.2003 by S.I. 2002/2202 , art. 2(3)
I54Sch. 8 para. 19 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 19 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: Wales
I55Sch. 8 para. 20 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 20 in force at 1.10.2002 by S.I. 2002/2478 , art. 3(1)(e) and in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2478 , art. 3(2)(b) ( S.I. 2002/2532 , art. 2 , Sch. purports to bring Sch. 8 para. 20 in force on 10.10.2002 for W. only): England
I56Sch. 8 para. 21 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 21 in force at 1.10.2002 by S.I. 2002/2478 , art. 3(1)(e) ( S.I. 2002/2532 , art. 2 , Sch. purports to bring Sch. 8 para. 21 in force on 10.10.2002 for W. only): Wales
I57Sch. 8 para. 22 not in force at Royal Assent, see s. 42(3); Sch. 8 para. 22 in force at 1.10.2002 by S.I. 2002/2478 , art. 3(1)(e) and in force for certain purposes at 1.10.2002 by S.I. 2002/2478 , art. 3(2)(b) ( S.I. 2002/2532 , art. 2 , Sch. purports to bring Sch. 8 para. 22 in force on 10.10.2002 for W. only): Wales
I58Sch. 9 Pt. 1 not in force at Royal Assent, see s. 42(3); specified entries in Sch. 9 Pt. 1 in force for E. and for W. (insofar as the Secretary of State is the appropriate authority) at 1.10.2002 by S.I. 2002/2478 , art. 3(1)(f) ; further specified entry in Sch. 9 Pt. 1 in force for E. at 1.10.2002 by S.I. 2002/2478 , art. 3(2)(c) ; further specified entries in Sch. 9 Pt. 1 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch.: England
I59Sch. 9 Pt. 1 in force at 11.7.2003 for specified purposes for E.W. by S.I. 2003/1580 , art. 2(2)(c)text for certain specified purposes only, see the commentary.: England and Walescheck commentary
I60Sch. 9 Pt. 1 in force at 1.3.2007 for specified purposes, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )text for certain specified purposes only, see the commentary.this amendment (text ) should be read in conjunction with other related provisions, see the commentary.check commentary
I61Sch. 9 Pt. 3 not in force at Royal Assent, see s. 42(3); specified entries in Sch. 9 Pt. 3 in force for E. and for W. (insofar as the Secretary of State is the appropriate authority). at 1.10.2002 by S.I. 2002/2478 , art. 3(1)(f) ; further specified entry in Sch. 9 Pt. 3 in force for E. at 1.10.2002 by S.I. 2002/2478 , art. 3(2)(c) ; further specified entries in Sch. 9 Pt. 3 in force for W. at 10.10.2002 by S.I. 2002/2532 , art. 2 , Sch. ; further specified entries in Sch. 9 Pt. 3 in force for E.W. at 1.1.2003 by S.I. 2002/3190 , art. 2(2)(d): England and Wales
I62Sch. 9 Pt. 3 in force at 1.3.2007 for specified purposes, immediately before the National Health Service Act 2006 comes into force by S.I. 2006/1407 , art. 1(1) , Sch. 1 Pt. 2 para. 12 (with art. 4 )text for certain specified purposes only, see the commentary.this amendment (text ) should be read in conjunction with other related provisions, see the commentary.check commentary
P1S. 42(3) power partly exercised: different dates appointed for specified provisions and purposes by S.I. 2002/2202 , arts. 2 , 3 ; 1.10.2002 appointed for specified provisions and purposes by S.I. 2002/2478 , arts. 3 , 5 (with arts. 2(2) , 3(3) , 4 )
Defined TermSection/ArticleIDScope of Application
accreditation criterias. 25G of Part 2(“_prnn1F5O
accredited voluntary registers. 25I of Part 2legTermdcinQf1g
appointment functionss. 25C of Part 2legTermzl8QAbMO
appropriate authoritypara 14 of SCHEDULE 7legTerm93PtEwDH
appropriate authoritys. 42 of Part 3legTermg0BFhCPr
enactments. 25 of Part 2legTerm2kc9dsID
enactments. 25E of Part 2legTermGV80WqaZ
enactments. 26B of Part 2legTerma9Hr24iD
financial yearpara 15 of SCHEDULE 7legTermpKcCet3Malert
health cares. 25E of Part 2legTermGMqlXroH
health care professions. 26A of Part 2legTermAXpySWVy
makings. 27 of Part 2legTerm09lDTC5h
proceedingss. 26 of Part 2legTermgmlFzjf5
regulatory bodiess. 25 of Part 2legTermqt0bt5s2
regulatory bodys. 25C of Part 2legTermpwHUuWVU
regulatory bodys. 25G of Part 2legTerm6dyzSeoc
relevant courts. 29A. of Part 2relevant_c_rtcmWtJ
relevant decisions. 29A. of Part 2relevant_d_rtBiD21
relevant decisionss. 29 of Part 2relevant_d_rtDd7Bb
ruless. 27 of Part 2legTerm7mH3n6S8
social care workers in Englands. 25 of Part 2legTermUEblb3kf
the 1999 Acts. 42 of Part 3legTermwNWx2OJf
the Authoritys. 25 of Part 2legTermIvHSiq9e
the Dentists Orders. 31 of Part 2(“_prnQg8rR
the relevant courts. 29 of Part 2legTermK00nHi7y
the relevant Northern Ireland departments. 26A of Part 2legTerm8iBwmF6M
This group of sectionss. 25 of Part 2legTermFN98u2w5
this group of sectionss. 25B of Part 2legTermHU8pISa7
transferred matterspara 16 of SCHEDULE 7legTermuouOKF3h
Unregulated health care workers. 25E of Part 2legTermNPsLd5sO
Unregulated health professionals. 25E of Part 2legTermyjFTFsFp
Unregulated social care worker in Englands. 25E of Part 2legTermg66O0cd5
unregulated social care worker in Englands. 26A of Part 2legTermS97OIXis
Voluntary registers. 25E of Part 2legTermlLvy3Obm
Voluntary registers. 25G of Part 2legTermf3LWUJVY
voluntary registration functionss. 26 of Part 2legTermseIN2Dzn
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.
  • The Commission for Patient and Public Involvement in Health (Functions) Amendment (No. 2) Regulations 2003 (2003/2044)
  • The Commission for Patient and Public Involvement in Health (Functions) Amendment Regulations 2003 (2003/497)
  • The Commission for Patient and Public Involvement in Health (Functions) Regulations 2002 (2002/3007)
  • The Commission for Patient and Public Involvement in Health (Membership and Procedure) (Amendment) Regulations 2006 (2006/486)
  • The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (2002/3038)
  • The Council for Healthcare Regulatory Excellence (Appointment, Procedureetc.) Regulations 2008 (2008/2927)
  • The Council for the Regulation of Health Care Professionals (Appointmentetc.) Regulations 2002 (2002/2376)
  • The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (2002/2861)
  • The National Health Service (Pre-consolidation Amendments) Order 2006 (2006/1407)
  • The National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 1) Order 2002 (2002/2202)
  • The National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 2) Order 2002 (2002/2478)
  • The National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 3) Order 2002 (2002/3190)
  • The National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 4) Order 2003 (2003/833)
  • The National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 5) Order 2003 (2003/1580)
  • The National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 6) Order 2003 (2003/2246)
  • The National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 7) Order 2003 (2003/3083)
  • The National Health Service Reform and Health Care Professions Act 2002 (Isles of Scilly) Order 2003 (2003/50)
  • The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequentialetc.Provisions) Regulations 2002 (2002/2469)
  • The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequentialetc.Provisions) Regulations 2003 (2003/1937)
  • The Patients' Forums (Functions) Regulations 2003 (2003/2124)
  • The Patients' Forums (Membership and Procedure) Regulations 2003 (2003/2123)
  • The Patients' Forums and Commission for Patient and Public Involvement in Health (Miscellaneous Amendments) Regulations 2004 (2004/540)
  • The Professional Standards Authority for Health and Social Care (Fees) (Social Work England) Regulations 2018 (2018/655)
  • The Professional Standards Authority for Health and Social Care (Fees) Regulations 2015 (2015/400)
  • The Social Workers Regulations 2018 (2018/893)

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.