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The Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006

S.I. 2006/1056 · Made 31 March 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

NATIONAL HEALTH SERVICE, SCOTLAND

Made 31st March 2006

Coming into force in accordance with article 1(2)

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113 of the Scotland Act 1998f1;

In accordance with section 115 of, and paragraphs 1, 2 and 3 of Schedule 7 to, that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1998 c. 46.

Contents

  1. 1Citation, commencement and extent
  2. 2Modifications
  3. Signature
  4. Schedule
  5. Part 1: MODIFICATION OF PUBLIC GENERAL ACTS
  6. Health Services and Public Health Act 1968 (c. 46)
  7. 1Paragraph 1
  8. Patents Act 1977(c. 37)
  9. 2Paragraph 2
  10. National Health Service Act 1977(c. 49)
  11. 3Paragraph 3
  12. Copyright, Designs and Patents Act 1988 (c. 48)
  13. 4Paragraph 4
  14. National Health Service and Community Care Act 1990 (c. 19)
  15. 5Paragraph 5
  16. Trade Union and Labour Relations (Consolidation) Act 1992(c. 52)
  17. 6Paragraph 6
  18. Employment Rights Act 1996 (c. 18)
  19. 7Paragraph 7
  20. Part 2: MODIFICATION OF SUBORDINATE LEGISLATION
  21. The National Health Service (Pharmaceutical Services) Regulations 1992
  22. 8Paragraph 8
  23. National Health Service (Charges for Drugs and Appliances)(Wales) Regulations 2001
  24. 9Paragraph 9
  25. Rheoliadau'r Gwasanaeth Iechyd Gwladol (Ffioedd am Gyffuriau a Chyfarpar)(Cymru) 2001
  26. 10Paragraph 10
  27. Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004
  28. 11Paragraph 11
  29. The National Health Service (Pharmaceutical Services) Regulations 2005
  30. 12Paragraph 12
  31. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006.

(2)

This Order shall come into force on as follows–

(a)

this article shall come into force on the day after the day on which this Order is made;

(b)

article 2 and the Schedule shall, subject to sub-paragraph (c), come into force on the day on which section 20 of the Smoking, Health and Social Care (Scotland) Act 2005f1 comes into force; and

(c)

paragraph 5(c) of the Schedule and article 2, for the purposes of paragraph 5(c) of the Schedule, shall come into force on the later of the day after the day on which this Order is made or the day on which regulations made under section 26(2) of the National Health Service (Scotland) Act 1978f2, as substituted by section 19 of the Smoking, Health and Social Care (Scotland) Act 2005, come into force.

(3)

This Order does not extend to Scotland.

(4)

Subject to paragraph (3), the modifications in the Schedule have the same extent as the provisions being modified.

2Modifications

The modifications in the Schedule have effect.

Signature

DAVID CAIRNS

Parliamentary Under Secretary of State Scotland Office,

Department for Constitutional Affairs

Dover House,

London

31st March 2006

1

(1)

The Health Services and Public Health Act 1968 is amended as follows.

(2)

In section 59 (extension of power of user by Crown of patented invention to user for certain health services)f1–

(a)

in subsection (1), after “local pharmaceutical services,” insert “pharmaceutical care services,”;

(b)

in subsection (2), omit “pharmaceutical services or”; and

(c)

after subsection (2C) insert–

“(2D)

In subsection (1), the reference to pharmaceutical care services is a reference to pharmaceutical care services provided under Part 1 of the National Health Service (Scotland) Act 1978.”.

(3)

In section 63(2)(aa) (provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities associated with health or welfare)f2, after “primary medical service” in the second place where it appears, insert “or pharmaceutical care service”.

(4)

In section 64(4) (financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations)f3 after “section 2C” insert “or 2CA”.

2

In section 56(4)(a) of the Patents Act 1977 (interpretation, etc., of provisions about Crown use)f1–

(a)

in sub-paragraph (i), omit “pharmaceutical services or”; and

(b)

after sub-paragraph (iii) add–

“; or

(iiia)

pharmaceutical care services under Part 1 of the National Health Service (Scotland) Act 1978,”.

3

In section 41B of the National Health Service Act 1977 (terms and conditions etc.)f1–

(a)

in subsection (2), after “pharmaceutical list” insert “or who has entered into a pharmaceutical care services contract under section 17Q of the National Health Service (Scotland) Act 1978”; and

(b)

in subsection (6)(b), omit “section 27(2)(a) of the National Health Service (Scotland) Act 1978 or”.

4

In section 240(4) of the Copyright, Designs and Patents Act 1988 (Crown use of designs)f1–

(a)

in paragraph (a)(ii), omit “pharmaceutical services or”; and

(b)

after paragraph (c) add–

“; or

(d)

pharmaceutical care services under Part 1 of the National Health Service (Scotland) Act 1978.”.

5

In section 4A of the National Health Service and Community Care Act 1990 (provision of certain services under NHS contracts)f1–

(a)

in subsection (1)–

(i)

in paragraph (a), omit “or”; and

(ii)

after paragraph (b) add–

“; or

(c)

by a person who has entered into a pharmaceutical care services contract under section 17Q of the National Health Service (Scotland) Act 1978,”;

(b)

in subsection (3), in the definition of “pharmaceutical list” omit paragraph (b); and

(c)

after subsection (3) add–

“(4)

In subsection (3), in paragraph (b) of the definition of “ophthalmic list” the reference to a list published in accordance with regulations made under paragraph (a) of section 26(2) of the National Health Service (Scotland) Act 1978 is a reference to the first part of the list (referred to in sub-paragraph (i) of that paragraph) which is published in accordance with regulations under that paragraph.”.

6

In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners)f1–

(a)

in subsection (1)(b), for “, 26, or 27” substitute “or 26”; and

(b)

after subsection (3) add–

“(4)

In this Act–

(a)

“worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing pharmaceutical care services under a contract entered into by him with a Health Board under section 17Q of the National Health Service (Scotland) Act 1978; and

(b)

“employer” in relation to such a person, regarded in that capacity, means that Health Board.”.

7

In section 43K of the Employment Rights Act 1996 (extension of meaning of “worker” etc. for Part 4A)f1–

(a)

in subsection (1)–

(i)

in paragraph (c)(ii), for “, 26 or 27” substitute “or 26”; and

(ii)

after that paragraph insert–

“; or

(ca)

works or worked as a person performing services under a contract entered into by him with a Health Board under section 17Q of the National Health Service (Scotland) Act 1978,”; and

(b)

in subsection (2), after paragraph (b) insert–

“(ba)

in relation to a worker falling within paragraph (ca) of that subsection, the Health Board referred to in that paragraph, and”.

8

In the National Health Service (Pharmaceutical Services) Regulations 1992f1, in paragraph 8(3)(a)(i) of Schedule 2 (providing ordered drugs or appliances)–

(a)

omit “Scotland or”;

(b)

omit “or, in Scotland, of a Health Board”; and

(c)

after “Social Services Board” insert “, or, in Scotland, from inclusion in the list of persons performing pharmaceutical care services maintained by a Health Board in terms of section 17X of the National Health Service (Scotland) Act 1978”.

9

In the National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 2001f1, in regulation 2(1) (interpretation), in the definition of “equivalent prescription form” (“ffurflen brescripsiwn gyfatebol”)–

(a)

omit “, Scotland”; and

(b)

after “local pharmaceutical services” insert “, or in Scotland pharmaceutical care services provided under Part 1 of the National Health Service (Scotland) Act 1978,”.

10

In Rheoliadau'r Gwasanaeth Iechyd Gwladol (Ffioedd am Gyffuriau a Cyfarpar) (Cymru) 2001f1, in regulation 2(1) (dehongli), in the definition of “ffurflen bresgripsiwn gyfatebol” (“equivalent prescription form”)–

(a)

omit “, yr Alban”; and

(b)

after “wasanaethau fferyllol lleol” insert “neu, yn yr Alban gwasanaethau gofal fferyllol a ddarperir o dan Ran 1 o Ddeddf y Gwasanaeth Iechyd Gwladol (yr Alban) 1978,”.

11

In the Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004f1, in article 1(2) (citation, commencement and interpretation), in the definition of “Drug Tariff”, in paragraph (b), omit the words from “statement” to “1995” and substitute “document published in terms of section 17W of the National Health Service (Scotland) Act 1978”.

12

In the National Health Service (Pharmaceutical Services) Regulations 2005f1, in paragraph 8(3)(a)(i) of Schedule 1 (providing ordered drugs or appliances)–

(a)

omit “Scotland or”;

(b)

omit “or, in Scotland, of a Health Board”; and

(c)

after “Social Services Board” insert “, or, in Scotland, from inclusion in the list of persons performing pharmaceutical care services maintained by a Health Board in terms of section 17X of the National Health Service (Scotland) Act 1978”.

Explanatory note

(This note is not part of the Order)

This Order makes provision consequential on the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”).

Section 19 of the 2005 Act made provision for the preparation, maintenance and publication by Health Boards of lists of persons involved in the provision of general ophthalmic services, the first part of which shall be of persons who undertake to provide general ophthalmic services, and the second part of which shall be of persons who do not undertake to provide such services but who are approved by the Board to assist in the provision of such services. Part 3 of the 2005 Act amended the National Health Service (Scotland) Act 1978 to make provision for pharmaceutical care services in place of the current provision made for pharmaceutical services.

Article 2 of this Order provides for the modifications of the primary and secondary legislation specified in the Schedule in consequence of these provisions of the 2005 Act. The effect of the modifications is to provide for references in legislation extending to England and Wales and Northern Ireland to the new listing arrangements and pharmaceutical care services provisions made by the 2005 Act, and to remove references to the previous pharmaceutical services provisions.