The Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000

Subject to the following paragraphs, this Order extends only to England and Wales.

Article 1, this Article, paragraphs 3, 5, 8, 11, 14, 22, 26, 28, 29 and 33 of Schedule 1 to this Order and article 3(1), in so far as it relates to those paragraphs, extend to the whole of the United Kingdom.

Paragraphs 6, 9, 23, 27 and 30 of Schedule 1 to this Order and article 3(1), in so far as it relates to those paragraphs, extend to England and Wales and to Scotland, but not to Northern Ireland.

Paragraphs 2 and 4 of Schedule 2 to this Order and article 3(2), in so far as it relates to those paragraphs, extend to England and Wales and to Scotland, but not to Northern Ireland.

Any reference to a Primary Care Trust in any enactment amended by this Order is to be construed as a reference to a Primary Care Trust established for an area in England.

The enactments specified in Schedule 1 to this Order are amended as there specified.

The enactments specified in Schedule 2 to this Order are amended as there specified.

that land had been the subject of a relevant acquisition (within the meaning of that section) by the trust, and

the trust were a statutory undertaker within the meaning of those sections^f2.

in the definition of “voluntary hospital”, after “trust” there is inserted “or a Primary Care Trust”;

after the definition of “Order” there is inserted the following definition–

• ““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977.”.

in subsection (6)^f2, after “Secretary of State” there is inserted “, a Primary Care Trust”;

in subsection (7)^f3, after “1978” there is inserted “ , and “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977.”

in subsection (4A)(b), after “authority” there is inserted “, Primary Care Trust”;

at the end of subsection (10) there is added “and “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977.”.

in that sub-paragraph as so renumbered, for “a Health Authority, a Special Health Authority” there is substituted “a Health Authority, a Primary Care Trust, a Special Health Authority”; and

after that sub-paragraph there is inserted the following sub-paragraph–

“(2)

For the purposes of this paragraph, action taken by a Health Authority, Special Health Authority or Primary Care Trust in the exercise of functions of the Secretary of State shall be regarded as action taken on his behalf.”

in subsection (5)(d), after “Special Health Authority” there is inserted “ , any Primary Care Trust”;

in subsection (6)(c), after “Special Health Authority” there is inserted “ , Primary Care Trust”.

the word “and”, in the second place where it appears, is omitted; and

after “1978” there is inserted “and a Primary Care Trust established under section 16A of the National Health Service Act 1977”.

in subsection (1A), for “Health Authority, Special Health Authority ”, in each place the words appear, there is inserted “Health Authority, Special Health Authority, Primary Care Trust”; and

in subsection (4), after “1990” there is inserted “and “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977”.

The National Health Service Act 1977^f1 is amended as follows.

In section 23 (voluntary organisations and other bodies), in subsection (2)^f2, for “or Special Health Authority” there is substituted “ , Special Health Authority or Primary Care Trust,”.

In each of sections 81 (charges for more expensive supplies) and 82 (charges for repairs and replacements in certain cases), in paragraph (a)^f3, for “or an NHS trust” there is substituted “, a Primary Care Trust or an NHS trust”.

In section 83 (sums payable to those providing services), in paragraph (a)^f4, for “or Special Health Authority” there is substituted “ , Special Health Authority or Primary Care Trust,”.

In section 83A (remission and repayment of charges etc.)^f5, in subsection (1)–

In section 98 (accounts and audit)^f6 there is added at the end–

“(6)

Nothing in this section shall require the keeping, preparation or transmission of accounts by a Primary Care Trust in respect of any financial year ending earlier than the trust’s operational date.”

In section 125 (protection of members and officers of authorities)^f7, the word “and” at the end of paragraph (b) is omitted, and after that paragraph there is inserted–

“(bb)

a Primary Care Trust; and”.

The Acquisition of Land Act 1981^f1 is amended as follows.

In section 16 (statutory undertakers' land excluded from compulsory purchase), in subsection (3)^f2–

In section 17 (local authority and statutory undertakers' land), in the definition of “statutory undertakers” in subsection (4)^f3, before paragraph (b) there is inserted–

“(ad)

a Primary Care Trust established under section 16A of the National Health Service Act 1977,”.

The Mental Health Act 1983^f1 is amended as follows.

In section 12 (general provisions as to medical recommendations), in subsection (3)^f2, for “65 or 66” there is substituted “18A(4), 65 or 66”.

In section 19 (regulations as to transfer of patients)^f3, in subsection (3), after “National Health Service trust”, in both places the words appear, there is inserted “or Primary Care Trust”.

In section 23 (discharge of patients)^f4–

In section 24 (visiting and examination of patients)^f5, in subsection (3), after “Special Health Authority”, in both places the words appear, there is inserted “, Primary Care Trust”.

In section 32 (regulations for purposes of Part II)^f6, in subsection (3), after “Special Health Authorities” there is inserted “ , Primary Care Trusts”.

In section 134 (correspondence of patients), in subsection (3)(e)^f7, for “or Special Health Authority” there is substituted “, Special Health Authority or Primary Care Trust”.

In section 139 (protection for acts done in pursuance of this Act), in subsection (4)^f8, for “or Special Health Authority” there is inserted “, Special Health Authority or Primary Care Trust”.

In section 145 (interpretation), in subsection (1)–

The Public Health (Control of Disease) Act 1984^f1 is amended as follows.

In section 1 (authorities administering Act), in subsection (4)(b)^f2, for “or Special Health Authorities” there is inserted “ , Special Health Authorities or Primary Care Trusts”.

In section 13 (regulations for the control of certain diseases), in subsection (4)(a)^f3, after “Special Health Authorities” there is inserted “ , Primary Care Trusts”.

In section 37 (removal to hospital of person with notifiable disease), in subsection (1)^f4, in paragraph (c)–

In section 41 (removal to hospital of inmate of common lodging-house with notifiable disease), in subsection (1)^f5, in paragraph (c)–

The Disabled Persons (Services, Consultation and Representation) Act 1986^f1 is amended as follows.

In section 2 (rights of authorised representatives of disabled persons)–

In section 7 (persons discharged from hospital), in subsection (9), in the definition of “the managers”^f4–

In section 16 (interpretation), in subsection (1)^f5, after the definition of “parental responsibility”^f6 there is inserted the following definition–

• ““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;”.

The AIDS (Control) Act 1987^f1 is amended as follows.

In section 1 (periodical reports on matters relating to AIDS and HIV)^f2–

In the Schedule (contents of reports), the letters “NHS”, in each place they appear, are omitted.

The Children Act 1989^f1 is amended as follows.

In section 19 (review of provision for day care, child minding etc)^f2, in subsection (7)(a), after “Special Health Authority” there is inserted “, Primary Care Trust”.

In section 21 (provision of accommodation for children in police protection or detention or on remand, etc), in subsection (3)^f3–

In section 24 (advice and assistance for certain children)^f4, in–

after “Special Health Authority” there is inserted “, Primary Care Trust”.

In section 27 (co-operation between authorities), in subsection (3)(d)^f5, after “Special Health Authority” there is inserted “, Primary Care Trust”.

In section 29 (recoupment of cost of providing services), in subsection (8)^f6–

In section 47 (local authority’s duty to investigate), in subsection (11)^f7, after “Special Health Authority” there is inserted “, Primary Care Trust”.

In section 80 (inspection of children’s homes etc. by persons authorised by Secretary of State)^f8, in–

In section 85 (children accommodated by health authorities and local education authorities), in subsection (1)^f9, after “Special Health Authority, ” there is inserted “Primary Care Trust,”.

In section 105 (interpretation), in subsection (1), after the definition of “prescribed” there is inserted the following definition–

• ““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;”.

In Part I of Schedule 2 (provision of services for families), in paragraph 1A^f10, in sub-paragraph (3)(a), for “health authority” there is substituted “Health Authority and Primary Care Trust”.

in the definition of “health service body”, for “or Special Health Authority” there is substituted “, Special Health Authority or Primary Care Trust”;

after the definition of “parental responsibility” there is inserted the following definition–

• ““Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;”.

The Social Security Contributions and Benefits Act 1992^f1 is amended as follows.

In section 163 (interpretation of Part XI of the Act (statutory sick pay) and supplementary provisions), in subsection (6), after “two or more contracts, ” there is inserted “or where an order under paragraph 23(1) of Schedule 5A to the National Health Service Act 1977 provides that a person’s contract of employment is so divided,”.

In section 171 (interpretation of Part XII of the Act (statutory maternity pay) and supplementary provisions), in subsection (3), after “two or more contracts,” there is inserted “or where an order under paragraph 23(1) of Schedule 5A to the National Health Service Act 1977 provides that a woman’s contract of employment is so divided,”.

in subsection (6), the words from “a health service body” to “ 1990, and” are omitted;

in subsection (7), for the words from “a National Health Service trust ” to “1990” there is substituted “a health service body as defined in section 60(7) of the National Health Service and Community Care Act 1990, and a National Health Service trust established under Part I of that Act”.

The Employment Rights Act 1996^f1 is amended as follows.

In section 50 (right to time off for public duties), in subsection (8)(b), for “or a Special Health Authority established under section 11 of that Act” there is substituted “, a Special Health Authority established under section 11 of that Act or a Primary Care Trust established under section 16A of that Act”.

In section 218 (change of employer), in subsection (10), after paragraph (b) there is inserted the following paragraph–

“(bb)

Primary Care Trusts established under section 16A of that Act,”.

The Housing Grants, Construction and Regeneration Act 1996^f1 is amended as follows.

In section 3 (applicants ineligible for grants for improvements and repairs, etc), in subsection (2)(f), after “special health authority” there is inserted “, Primary Care Trust”.

In section 64 (persons eligible to participate in group repair scheme), in subsection (7)(d), after “special health authority” there is inserted “, Primary Care Trust”.

The Education Act 1996^f1 is amended as follows.

In section 322 (duty of Health Authority or local authority to help local education authority)–

In section 332 (duty of Health Authority or National Health Service trust to notify parent etc), after “Health Authority” there is inserted “ , a Primary Care Trust”.

The Crime and Disorder Act 1998^f1 is amended as follows.

In section 5 (authorities responsible for crime and disorder strategies), in subsection (2)(b), for “or health authority” there is substituted “ , health authority or Primary Care Trust”.

In section 38 (local provision of youth justice services), in subsection (2)(b), for “or health authority” there is substituted “, health authority or Primary Care Trust”.

In section 39 (youth offending teams), in subsection (3)(b), for “or health authority” there is substituted “, health authority or Primary Care Trust”.

In section 41 (the Youth Justice Board), in subsection (10), for “and a health authority” there is substituted “, a health authority and a Primary Care Trust”.

In section 42 (supplementary provisions), in subsection (3), for “or a health authority” there is substituted “, a health authority or a Primary Care Trust”.

In section 115 (disclosure of information), in subsection (2), there is added at the end–

“(g)

a Primary Care Trust.”.

The Road Traffic (NHS Charges) Act 1999^f1 is amended as follows.

In section 1 (payment for hospital treatment), in subsection (6)(a), for “ section 65” there is inserted “section 18A(4) or 65”.

In section 17 (interpretation)–

The Disabled Persons (Services, Consultation and Representation) Act 1986^f1 is amended as follows.

In section 7 (persons discharged from hospital), in subsection (9), in the definition of “the managers”^f2–

In section 11 (reports to Parliament), in the definition of “health service hospital” in sub-section (2)(a), for “special hospital” there is substituted “hospital at which high security psychiatric services within the meaning of that Act are provided”.

In section 16 (interpretation) the definition of “special hospital” is omitted.

The Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996^f1 is amended as follows.

In article 3 (functions of the Authorities), for “special hospital” there is substituted “provision of high security psychiatric services at the hospital”.

In the Schedule, in Column (2), the word “special” is omitted in each of the three places where it occurs.

The Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations^f1 are amended as follows.

In regulation 1(2) (interpretation)–

In regulation 2 (functions of hospital authorities), in paragraph (1), for “special hospital” there is substituted “hospital at which high security psychiatric services are provided”.