National Health Service and Community Care Act 1990

• (za) that there may be a need for the provision to that person, pursuant to arrangements made under the National Health Service Act 2006 by such clinical commissioning group as may be determined in accordance with regulations, of any services (including services that may be provided pursuant to such arrangements by virtue of section 7A of that Act),

• (a) that there may be a need for the provision to that person by such ... Health Authority as may be determined in accordance with regulations of any services under ... the National Health Service (Wales) Act 2006, or

• (b) that there may be a need for the provision to him of any services which fall within the functions of a local housing authority (within the meaning of the Housing Act 1985) which is not the local authority carrying out the assessment,

the local authority shall notify that ... clinical commissioning group, Health Authority or local housing authority and invite them to assist, to such extent as is reasonable in the circumstances, in the making of the assessment; and, in making their decision as to the provision of the services needed for the person in question, the local authority shall take into account any services which are likely to be made available for him by that ... clinical commissioning group, Health Authority or local housing authority.

• (4) The Secretary of State may give directions as to the manner in which an assessment under this section is to be carried out or the form it is to take but, subject to any such directions and to subsection (7) below, it shall be carried out in such manner and take such form as the local authority consider appropriate.

• (5) Nothing in this section shall prevent a local authority from temporarily providing or arranging for the provision of services mentioned in subsection (1) for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency.

• (6) If, by virtue of subsection (5) above, ... services have been provided temporarily for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In this section—

• “disabled person” has the same meaning as in that Act; and

• “local authority” means a county council in England, a district council for an area in England for which there is no county council, the council of a county or county borough in Wales, a London borough council or the Common Council of the City of London.

Inspection of premises used for provision of community care services

48

• (1) Any person authorised by the Secretary of State may at any reasonable time enter and inspect any premises (other than regulated premises) in which services under section 117 of the Mental Health Act 1983, or services under Part 1 of the Care Act 2014 to meet adults’ needs for care and support, are or are proposed to be provided by a local authority in England, or services under Part 4 of the Social Services and Well-being (Wales) Act 2014 are or are proposed to be provided by a local authority in Wales, whether directly or under arrangements made with another person.

• (1A) In subsection (1) “ regulated premises ” means—

• (a) in relation to England, premises used for the carrying on of a regulated activity within the meaning of Part 1 of the Health and Social Care Act 2008 by a person who is registered under Chapter 2 of that Part in respect of the activity; and

• (b) in relation to Wales, premises in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

• (2) Any person inspecting any premises under this section may—

• (a) make such examination into the state and management of the premises and the facilities and services provided therein as he thinks fit;

• (b) inspect any records (in whatever form they are held) relating to the premises, or any person for whom services mentioned in subsection (1) have been or are to be provided there; and

• (c) require the owner of, or any person employed in, the premises to furnish him with such information as he may request.

• (3) Any person exercising the power to inspect records conferred by subsection (2)(b) above—

• (a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

• (b) may require—

• (i) the person by whom or on whose behalf the computer is or has been so used; or

• (ii) any person having charge of or otherwise concerned with the operation of the computer, apparatus or material,

to give him such reasonable assistance as he may require.

• (4) Any person inspecting any premises under this section—

• (a) may interview any person residing there in private—

• (i) for the purpose of investigating any complaint as to those premises or the services mentioned in subsection (1) that are provided there, or

• (ii) if he has reason to believe that any of those services being provided there for that person are not satisfactory; and

• (b) may examine any such person in private.

• (5) No person may—

• (a) exercise the power conferred by subsection (2)(b) above so as to inspect medical records; or

• (b) exercise the power conferred by subsection (4)(b) above,

unless he is a registered medical practitioner and, in the case of the power conferred by subsection (2)(b) above, the records relate to medical treatment given at the premises in question.

• (6) Any person exercising the power of entry under subsection (1) above shall, if so required, produce some duly authenticated document showing his authority to do so.

• (7) Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (8) In this section “local authority” has the same meaning as in section 47.

Transfer of staff from health service to local authorities

49

• (1) In connection with arrangements relating to community care services made by virtue of this Part of this Act, the Secretary of State may make regulations with respect to the transfer to employment by a local authority of persons previously employed by a National Health Service body.

• (2) Regulations under this section may also make provision with respect to the return to employment by a National Health Service body of a person to whom the regulations previously applied on his transfer (whether from that or another National Health Service body) to employment by a local authority.

• (3) Without prejudice to the generality of subsections (1) and (2) above, regulations under this section may make provision with respect to—

• (a) the terms on which a person is to be employed by a local authority or National Health Service body;

• (b) the period and continuity of a person’s employment for the purposes of the Employment Rights Act 1996;

• (c) superannuation benefits; and

• (d) the circumstances in which, if a person declines an offer of employment made with a view to such a transfer or return as is referred to in subsection (1) or subsection (2) above and then ceases to be employed by a National Health Service body or local authority, he is not to be regarded as entitled to benefits in connection with redundancy.

• (4) In this section—

• (a) “local authority” and “community care services” have the same meaning as in section 46 above; and

• (b) “National Health Service body” means a ... ... Health Authority , Local Health Board or Special Health Authority or a National Health Service trust.

• (5) Regulations under this section may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

Powers of the Secretary of State as respects social services functions of local authorities

50

After section 7 of the Local Authority Social Services Act 1970 (local authorities to exercise social services functions under guidance of the Secretary of State) there shall be inserted the following sections—

(7A) (1) Without prejudice to section 7 of this Act, every local authority shall exercise their social services functions in accordance with such directions as may be given to them under this section by the Secretary of State. (2) Directions under this section— (a) shall be given in writing; and (b) may be given to a particular authority, or to authorities of a particular class, or to authorities generally. (7B) (1) The Secretary of State may by order require local authorities to establish a procedure for considering any representations (including any complaints) which are made to them by a qualifying individual, or anyone acting on his behalf, in relation to the discharge of, or any failure to discharge, any of their social services functions in respect of that individual. (2) In relation to a particular local authority, an individual is a qualifying individual for the purposes of subsection (1) above if— (a) the authority have a power or a duty to provide, or to secure the provision of, a service for him; and (b) his need or possible need for such a service has (by whatever means) come to the attention of the authority. (3) A local authority shall comply with any directions given by the Secretary of State as to the procedure to be adopted in considering representations made as mentioned in subsection (1) above and as to the taking of such action as may be necessary in consequence of such representations. (4) Local authorities shall give such publicity to any procedure established pursuant to this section as they consider appropriate. (7C) (1) The Secretary of State may cause an inquiry to be held in any case where, whether on representations made to him or otherwise, he considers it advisable to do so in connection with the exercise by any local authority of any of their social services functions (except in so far as those functions relate to persons under the age of eighteen). (2) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to an inquiry under that section. (7D) (1) If the Secretary of State is satisfied that any local authority have failed, without reasonable excuse, to comply with any of their duties which are social services functions (other than a duty imposed by or under the Children Act 1989), he may make an order declaring that authority to be in default with respect to the duty in question. (2) An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with within such period as may be specified in the order as appear to the Secretary of State to be necessary. (3) Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus. (7E) The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities incurred— (a) in connection with the exercise of their social services functions in relation to persons suffering from mental illness; or (b) in making payments in accordance with directions given by the Secretary of State to voluntary organisations which provide care and services to persons who are, have been, or are likely to become dependant upon alcohol or drugs.

Part IV — Community Care: Scotland

Power of Secretary of State to give directions

51

After subsection (1) of section 5 (powers of Secretary of State) of the Social Work (Scotland) Act 1968 (in this Part of this Act referred to as “the 1968 Act”) there shall be inserted the following subsection—

(1A) Without prejudice to subsection (1) above, the Secretary of State may issue directions to local authorities, either individually or collectively, as to the manner in which they are to exercise any of their functions under this Act or any of the enactments mentioned in section 2(2) of this Act; and a local authority shall comply with any direction made under this subsection.

Local authority plans for, and complaints in relation to, community care services in Scotland

52

After section 5 of the 1968 Act there shall be inserted the following sections—

(5A) (1) Within such period after the day appointed for the coming into force of this section as the Secretary of State may direct, and in accordance with the provisions of this section, each local authority shall prepare and publish a plan for the provision of community care services in their area. (2) Each local authority shall from time to time review any plan prepared by them under subsection (1) above, and shall, in the light of any such review, prepare and publish— (a) any modifications to the plan under review; or (b) if the case requires, a new plan. (3) In preparing any plan or carrying out any review under subsection (1) or, as the case may be, subsection (2) above the authority shall consult— (a) any Health Board providing services under the National Health Service (Scotland) Act 1978 in the area of the authority; (b) in so far as the plan or, as the case may be, the review may affect or be affected by the provision or availability of housing, every district council in the area of the authority; (c) such voluntary organisations as appear to the authority to represent the interests of persons who use or are likely to use any community care services within the area of the authority or the interests of private carers who, within that area, provide care to persons for whom, in the exercise of their functions under this Act or any of the enactments mentioned in section 2(2) of this Act, the local authority have a power or a duty to provide, or to secure the provision of, a service; (d) such voluntary housing agencies and other bodies as appear to the authority to provide housing or community care services in their area; and (e) such other persons as the Secretary of State may direct. (4) In this section— - “community care services” means services, other than services for children, which a local authority are under a duty or have a power to provide, or to secure the provision of, under Part II of this Act or section 7 (functions of local authorities), 8 (provision of after-care services) or 11 (training and occupation of the mentally handicapped) of the Mental Health (Scotland) Act 1984; and - “private carer” means a person who is not employed to provide the care in question by any body in the exercise of its functions under any enactment. (5B) (1) Subject to the provisions of this section, the Secretary of State may by order require local authorities to establish a procedure whereby a person, or anyone acting on his behalf, may make representations (including complaints) in relation to the authority’s discharge of, or failure to discharge, any of their functions under this Act, or any of the enactments referred to in section 2(2) of this Act, in respect of that person. (2) For the purposes of subsection (1) of this section, “person” means any person for whom the local authority have a power or a duty to provide, or to secure the provision of, a service, and whose need or possible need for such a service has (by whatever means) come to the attention of the authority. (3) An order under subsection (1) of this section may be commenced at different times in respect of such different classes of person as may be specified in the order. (4) In relation to a child, representations may be made by virtue of subsection (1) above by the child, or on his behalf by— (a) his parent; (b) any person having parental rights in respect of him; (c) any local authority foster parent; or (d) any other person appearing to the authority to have a sufficient interest in the child’s wellbeing to warrant his making representations on the child’s behalf. (5) In this section— - “child” means a child under the age of 18 years; and - “parent” and “parental rights” have the same meaning as in section 8 (interpretation) of the Law Reform (Parent and Child) (Scotland) Act 1986. (6) A local authority shall comply with any directions given by the Secretary of State as to the procedure to be adopted in considering representations made as mentioned in subsection (1) of this section and as to the taking of such action as may be necessary in consequence of such representations. (7) Every local authority shall give such publicity to the procedure established under this section as they consider appropriate.

Inspection of premises providing accommodation

53

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

Inquiries

54

After section 6 of the 1968 Act there shall be inserted the following section—

(6A) (1) The Secretary of State may cause an inquiry to be held into the functions of a local authority under this Act or any of the enactments mentioned in section 2(2) of this Act, except in so far as those functions relate to persons under the age of 18. (2) The Secretary of State may, before an inquiry is commenced, direct that it shall be held in private, but where no such direction has been given the person holding the inquiry may if he thinks fit hold it or any part of it in private. (3) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.

Duty of local authority to make assessment of needs

55

After section 12 of the 1968 Act there shall be inserted the following section—

(12A) (1) Subject to the provisions of this section, where it appears to a local authority that any person for whom they are under a duty or have a power to provide, or to secure the provision of, community care services may be in need of any such services, the authority— (a) shall make an assessment of the needs of that person for those services; and (b) having regard to the results of that assessment, shall then decide whether the needs of that person call for the provision of any such services. (2) Before deciding, under subsection (1)(b) of this section, that the needs of any person call for the provision of nursing care, a local authority shall consult a medical practitioner. (3) If, while they are carrying out their duty under subsection (1) of this section, it appears to a local authority that there may be a need for the provision to any person to whom that subsection applies— (a) of any services under the National Health Service (Scotland) Act 1978 by the Health Board— (i) in whose area he is ordinarily resident; or (ii) in whose area the services to be supplied by the local authority are, or are likely, to be provided; or (b) of any services which fall within the functions of a housing authority (within the meaning of section 130 (housing) of the Local Government (Scotland) Act 1973) which is not the local authority carrying out the assessment, the local authority shall so notify that Health Board or housing authority, and shall request information from them as to what services are likely to be made available to that person by that Health Board or housing authority; and, thereafter, in carrying out their said duty, the local authority shall take into account any information received by them in response to that request. (4) Where a local authority are making an assessment under this section and it appears to them that the person concerned is a disabled person, they shall— (a) proceed to make such a decision as to the services he requires as is mentioned in section 4 of the Disabled Persons (Services, Consultation and Representation) Act 1986 without his requesting them to do so under that section; and (b) inform him that they will be doing so and of his rights under that Act. (5) Nothing in this section shall prevent a local authority from providing or arranging for the provision of community care services for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency. (6) If, by virtue of subsection (5) of this section, community care services have been provided for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section. (7) This section is without prejudice to section 3 of the said Act of 1986. (8) In this section— - “community care services” has the same meaning as in section 5A of this Act; - “disabled person” has the same meaning as in the said Act of 1986; and - “medical practitioner” means a fully registered person within the meaning of section 55 (interpretation) of the Medical Act 1983.

Residential accommodation with nursing and provision of care and after-care

56

After section 13 of the 1968 Act there shall be inserted the following sections—

(13A) (1) Without prejudice to section 12 of this Act, a local authority shall make such arrangements as they consider appropriate and adequate for the provision of suitable residential accommodation where nursing is provided for persons who appear to them to be in need of such accommodation by reason of infirmity, age, illness or mental disorder, dependency on drugs or alcohol or being substantially handicapped by any deformity or disability. (2) The arrangements made by virtue of subsection (1) above shall be made with a voluntary or other organisation or other person, being an organisation or person managing premises which are— (a) a nursing home within the meaning of section 10(2)(a) of the Nursing Homes Registration (Scotland) Act 1938 in respect of which that organisation or person is registered or exempt from registration under that Act; or (b) a private hospital registered under section 12 of the Mental Health (Scotland) Act 1984, for the provision of accommodation in those premises. (3) The provisions of section 6 of this Act apply in relation to premises where accommodation is provided for the purposes of this section as they apply in relation to establishments provided for the purposes of this Act. (13B) (1) Subject to subsection (2) below, a local authority may, with the approval of the Secretary of State, and shall, if and to the extent that the Secretary of State so directs, make arrangements for the purpose of the prevention of illness, the care of persons suffering from illness, and the after-care of such persons. (2) The arrangements which may be made under subsection (1) above do not include arrangements in respect of medical, dental or nursing care, or health visiting.

Exclusion of powers to provide accommodation in certain cases

57

After section 86 of the 1968 Act there shall be inserted the following section—

(86A) (1) Subject to subsection (3) below, no accommodation may be provided under this Act for any person who, immediately before the date on which this section comes into force, was ordinarily resident in relevant premises. (2) In subsection (1) above “relevant premises” means— (a) any establishment in respect of which a person is registered under section 62 of this Act; (b) any nursing home within the meaning of the Nursing Homes Registration (Scotland) Act 1938 in respect of which a person is registered or exempt from registration under that Act; (c) any private hospital registered under section 12 of the Mental Health (Scotland) Act 1984; and (d) such other premises as the Secretary of State may by regulations prescribe. (3) The Secretary of State may by regulations provide that in such cases and subject to such conditions as may be prescribed subsection (1) above shall not apply in relation to such classes of persons as may be prescribed in the regulations. (4) The Secretary of State shall by regulations prescribe the circumstances in which persons are to be treated as being ordinarily resident in any premises for the purposes of subsection (1) above. (5) This section does not affect the validity of any contract made before the date on which this section comes into force for the provision of accommodation on or after that date or anything done in pursuance of such a contract.

Power of Secretary of State to make grants

58

After section 92 of the 1968 Act there shall be inserted the following section—

(92A) The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities in respect of their functions under— (a) Part II of this Act; and (b) sections 7 and 8 of the Mental Health (Scotland) Act 1984, in relation to persons suffering from mental illness.

Part V — Miscellaneous and General

Parliamentary disqualification

59

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In the said Part III there shall be inserted (at the appropriate place) the following entry—

Chairman or non-executive member of a National Health Service trust established under the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978

.

• (3) In the said Part III—

• (a) in the entry which begins “Paid Chairman of a Health Board”, for the words “Paid Chairman” there shall be substituted “Chairman or any member, not being also an employee,”;

• (b) in the entry which begins “Chairman of the Management Committee of the Common Services Agency” after the word “Chairman” there shall be inserted “or any member, not being also an employee,”; and

• (c) in the entry relating to the Chairman of a committee constituted under section 91 of the Mental Health (Scotland) Act 1984, after the word “Chairman” there shall be inserted “or any member, not being also an employee”.

Removal of Crown immunities

60

• (1) Subject to the following provisions of this section, on and after the day appointed for the coming into force of this subsection, no health service body shall be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and so far as concerns land in which the Secretary of State has an interest, at any time when—

• (a) by virtue of directions under any provision of the National Health Service Act 2006, the National Health Service (Wales) Act 2006,... or the Health and Medicines Act 1988 or by virtue of orders under section 2 or section 10 of the National Health Service (Scotland) Act 1978, powers of disposal or management with respect to the land are conferred on a health service body, or

• (b) the land is otherwise held, used or occupied by a health service body,

the interest of the Secretary of State shall be treated for the purposes of any enactment or rule of law relating to Crown land or interests as if it were an interest held otherwise than by the Secretary of State (or any other emanation of the Crown).

• (2) In Schedule 8 to this Act—

• (a) Part I has effect to continue certain exemptions for health service bodies and property held, used or occupied by such bodies;

• (b) the amendments in Part II have effect, being amendments consequential on subsection (1) above; and

• (c) the transitional provisions in Part III have effect in connection with the operation of subsection (1) above.

• (3) Where, as a result of the provisions of subsection (1) above, by virtue of his employment during any period after the day appointed for the coming into force of that subsection—

• (a) an employee has contractual rights against a health service body to benefits in the event of his redundancy, and

• (b) he also has statutory rights against the health service body under Part XI of the Employment Rights Act 1996 (redundancy payments),

any benefits provided to him by virtue of the contractual rights referred to in paragraph (a) above shall be taken as satisfying his entitlement to benefits under that Part of that Act.

• (4) Nothing in subsection (1) above affects the extent of the expression “the services of the Crown” where it appears in—

• (a) Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services of the Crown etc.); and

• (b) sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown);

and, accordingly, services provided in pursuance of any power or duty of the Secretary of State under the National Health Service Act 2006 or Part I or Part III of the National Health Service (Scotland) Act 1978 shall continue to be regarded as included in that expression, whether the services are in fact provided by a health service body, a National Health Service trust or any other person.

• (5) The Secretary of State may by order made by statutory instrument provide that, in relation to any enactment contained in a local Act and specified in the order, the operation of subsection (1) above shall be excluded or modified to the extent specified in the order.

• (6) No order shall be made under subsection (5) above unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

• (7) In this section “health service body” means—

• (a) ......... a Health Authority . . . ;

• (aa) a Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006;

• (b) a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;

• (ba) Healthcare Improvement Scotland established under section 10A of that Act;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) the Common Services Agency for the Scottish Health Service;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) the Scottish Dental Practice Board; . . .

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health service bodies: taxation

61

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) At the end of Schedule 3 to the Inheritance Tax Act 1984 (gifts for national purposes) there shall be added—

A health service body, within the meaning of section 519A of the Income and Corporation Taxes Act 1988

.

Clinical Standards Advisory Group

62

Repeal of remaining provisions of Health Services Act 1976

63

• (1) Part III (control of hospital building outside National Health Service) and Part IV (supplementary and general) of the Health Services Act 1976 shall cease to have effect.

• (2) Notwithstanding the repeal of Part III of the Health Services Act 1976 by this Act,—

• (a) that Part shall continue to have effect in relation to any authorisation granted by the Secretary of State under section 13(2) of that Act which is in force when that repeal takes effect; and

• (b) the amendment made by section 19(4)(b) of that Act shall continue to have effect.

Financial provisions

64

• (1) There shall be paid out of moneys provided by Parliament—

• (a) any sums required by the Secretary of State for making loans to a National Health Service trust;

• (b) any sums required by the Secretary of State for fulfilling a guarantee of a sum borrowed by a National Health Service trust;

• (c) any amount paid as public dividend capital under paragraph 5 of Schedule 3 to this Act;

• (d) any expenses of the Secretary of State under this Act; and

• (e) any increase attributable to this Act in the sums so payable under any other enactment.

• (2) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

Regulations, orders and directions

65

• (1) Any power to make regulations conferred by this Act shall be exercisable by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments and repeals

66

• (1) Schedule 9 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.

• (2) The enactments specified in Schedule 10 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

67

• (1) This Act may be cited as the National Health Service and Community Care Act 1990.

• (2) This Act, other than this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes and for different areas or descriptions of areas.

• (3) An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force.

• (4) . . . Part II, other than section 34, and Part IV of this Act do not extend to England and Wales; and Part III of this Act, other than subsections (3) and (4) of section 42, subsections (1) and (3) to (6) of section 44 and section 45, does not extend to Scotland.

• (5) This Act, other than sections 59 ,61 and 62 , does not extend to Northern Ireland.

• (6) The Secretary of State may by order made by statutory instrument provide that so much of this Act as extends to England and Wales shall apply to the Isles of Scilly with such modifications, if any, as are specified in the order and, except as provided in pursuance of this subsection, Parts I and III of this Act do not apply to the Isles of Scilly.

SCHEDULE 1

Part I

Regional health authorities

1

• (1) A Regional Health Authority shall consist of—

• (a) a chairman appointed by the Secretary of State;

• (b) a prescribed number of members appointed by him;

• (c) the chief officer of the authority;

• (d) such other officers as may be prescribed; and

• (e) not more than a prescribed number of other officers of the authority appointed by the chairman and the members specified in paragraphs (b) and (c) above.

• (2) Except in so far as regulations otherwise provide, no person who is an officer of the authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure)—

• (a) at least one of the persons appointed under sub-paragraph (1)(b) above must hold a post in a university with a medical or dental school; and

• (b) regulations may provide that all or any of the other persons appointed under sub-paragraph (1)(b) above must fulfil prescribed conditions or hold posts of a prescribed description.

District health authorities

2

• (1) A District Health Authority for a district in England shall consist of—

• (a) a chairman appointed by the Secretary of State;

• (b) a prescribed number of members appointed by the Regional Health Authority whose region includes the district in question;

• (c) the chief officer of the authority;

• (d) such other officers as may be prescribed; and

• (e) not more than a prescribed number of other officers of the authority appointed by the chairman and the members specified in paragraphs (b) and (c) above.

• (2) Except in so far as regulations otherwise provide, no person who is an officer of the authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure), but subject to sub-paragraph (3) below, regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) above must fulfil prescribed conditions or hold posts of a prescribed description.

• (3) In the case of a prescribed authority, at least one of the persons appointed under sub-paragraph (1)(b) above must hold a post in a university with a medical or dental school.

3

• (1) A District Health Authority for a district in Wales shall consist of—

• (a) a chairman appointed by the Secretary of State;

• (b) a prescribed number of members appointed by him;

• (c) the chief officer of the authority;

• (d) such other officers as may be prescribed; and

• (e) not more than a prescribed number of other officers of the authority appointed by the chairman and the members specified in paragraphs (b) and (c) above.

• (2) Sub-paragraphs (2) and (3) of paragraph 2 above apply in relation to sub-paragraph (1) above as they apply in relation to sub-paragraph (1) of that paragraph.

Part II

4

• (1) A Family Health Services Authority in England shall consist of—

• (a) a chairman appointed by the Secretary of State;

• (b) a prescribed number of members appointed by the Regional Health Authority which (in accordance with Section 15(1A) of the principal Act) is the relevant Regional Health Authority in relation to the Family Health Services Authority; and

• (c) the chief officer of the Authority;

• (d) such other officers as may be prescribed;

and, if the Secretary of State so directs, the Authority shall also include not more than a prescribed number of other officers of the Authority appointed by the chairman and the members appointed under paragraphs (b) and (c) above.

• (2) No person who is an officer of the Authority may be appointed under sub-paragraph (1)(b) above; and, without prejudice to any provision made by virtue of paragraph 12(a) of Schedule 5 to the principal Act (regulations as to appointment and tenure), regulations may provide that all or any of the persons appointed under sub-paragraph (1)(b) above must fulfil prescribed conditions or hold posts of a prescribed description.

5

• (1) A Family Health Services Authority in Wales shall consist of—

• (a) a chairman appointed by the Secretary of State;

• (b) a prescribed number of members appointed by him; and

• (c) the chief officer of the Authority;

• (d) such other officers as may be prescribed;

and, if the Secretary of State so directs, the Authority shall also include not more than a prescribed number of other officers of the Authority appointed by the chairman and the members appointed under paragraphs (b) and (c) above.

• (2) Sub-paragraph (2) of paragraph 4 above applies in relation to sub-paragraph (1) above as it applies in relation to sub-paragraph (1) of that paragraph.

Part III — Amendments of Part III of Schedule 5 to the Principal Act

6

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

7

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

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

9

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

10

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

SCHEDULE 2

Part I — Orders Under Section 5(1)

1

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

2

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

3

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

4

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

5

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

Part II — Duties, Powers and Status

Specific duties

6

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

7

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

8

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

9

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

Specific powers

10

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

11

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

12

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

13

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

14

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

15

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

General powers

16

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

17

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

Status

18

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

Part III — Supplementary Provisions

Re-imbursement for health services work carried out otherwise than under NHS contract

19

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

20

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

Supply of goods and services by local authorities

21

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

Making of charges

22

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

Power to raise money by appeals etc.

23

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

Accounts and audit

24

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

Protection of members and officers

25

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

Compulsory acquisition

26

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

Use and development of consecrated land and burial grounds

27

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

Instruments etc.

28

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

Part IV — Dissolution

29

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

30

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

31

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

32

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

SCHEDULE 3

Borrowing

1

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

Guarantees of borrowing

2

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

Limits on indebtedness

3

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

4

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

Additional public dividend capital

5

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

Surplus funds

6

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

Investment

7

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

SCHEDULE 4

1

• (1) In section 11 (establishment of Audit Commission), in subsection (1) after the words “Local Authorities” there shall be inserted “and the National Health Service”.

• (2) In subsection (2) of that section,—

• (a) for the word “thirteen” there shall be substituted “fifteen”;

• (b) for the word “seventeen” there shall be substituted “twenty”; and

• (c) for paragraphs (a) and (b) there shall be substituted the words “such organisations and other bodies as appear to him to be appropriate”.

2

• (1) In section 12 (accounts subject to audit), in subsection (2) after paragraph (e) there shall be inserted—

(ea) a body specified in section 98(1) of the National Health Service Act 1977

.

• (2) After subsection (3) of that section there shall be inserted the following subsections—

(3A) This section also applies to the accounts of the members of a recognised fund-holding practice so far as they relate to allotted sums paid to them, and subject to subsection (3B) and section 16(1A) below, any reference in this Part of this Act to the accounts of a body shall be construed, in relation to the members of a fund-holding practice, as a reference to such of their accounts as relate to allotted sums so paid. (3B) In such circumstances and to such extent as regulations made by the Secretary of State so provide, this Part of this Act shall not apply to the accounts for any year of the members of a recognised fund-holding practice if those accounts are submitted to a Family Health Services Authority and summarised in that Authority’s accounts. (3C) In subsection (3A) above “allotted sums” has the same meaning as in section 15 of the National Health Service and Community Care Act 1990.

• (3) After subsection (4) of that section there shall be inserted the following subsection—

(5) Any reference in this Part of this Act to a health service body is a reference to a body specified in section 98(1) of the National Health Service Act 1977 or to the members of a recognised fund-holding practice as mentioned in subsection (3A) above.

3

• (1) In section 13 (appointment of auditors), in each of subsections (3) and (4), after the word “body”, in the first place where it occurs, there shall be inserted “other than a health service body”.

• (2) In subsection (5) of that section after the words “Secretary of State” there shall be inserted “or is a person for the time being approved by the Secretary of State, acting on the recommendation of the Commission”.

• (3) After subsection (5) of that section there shall be inserted the following subsection—

(5A) The Secretary of State shall not approve any person for the purposes of subsection (5) above after 31st March 1996 but, subject to the withdrawal of his approval after that date, any person who is so approved immediately before that date shall continue to be so approved after that date.

4

• (1) In section 14 (code of audit practice), at the end of subsection (1) there shall be added “and a different code may be prepared with respect to the audit of the accounts of health service bodies as compared with the code applicable to the accounts of other bodies”.

• (2) At the end of the section there shall be added the following subsection—

(7) In the application of subsection (6) above to a code which relates to the accounts of health services bodies,— (a) if the code relates only to those accounts, the reference to associations of local authorities shall be construed as a reference to organisations connected with the health service, within the meaning of the National Health Service Act 1977; and (b) if the code relates also to the accounts of other bodies, that reference shall be construed as including a reference to such organisations.

5

In section 15 (general duties of auditors), in subsection (1)(a) after the words “section 23 below” there shall be inserted “or, in the case of a health service body, directions under subsection (2) or subsection (2B) of section 98 of the National Health Service Act 1977”.

6

In section 16 (auditor’s rights to obtain documents and information) after subsection (1) there shall be inserted the following subsection—

(1A) In the case of a recognised fund-holding practice the reference in subsection (1) above to documents includes a reference to documents relating to all the accounts and records of the members of the practice, whether or not relating to the allotted sum, within the meaning of that section.

7

In section 17 (public inspection of accounts and right of challenge), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.

8

In section 18 (auditor’s reports), in subsection (4) after the word “Commission” there shall be inserted “and, in the case of a health service body, to the Secretary of State”.

9

In section 19 (declaration that item of account is unlawful), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.

10

In section 20 (recovery of amount not accounted for etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than the audit of the accounts of a health service body”.

11

In section 21 (fees for audit), after subsection (2) there shall be inserted the following subsection—

(2A) In the application of subsection (2) above to the audit of the accounts of a health service body, the reference to associations of local authorities shall be construed as a reference to organisations connected with the health service.

12

• (1) In section 22 (extraordinary audit), at the beginning of each of subsections (1) and (3) there shall be inserted “Subject to subsection (4A) below”.

• (2) After subsection (4) of that section there shall be inserted the following subsection—

(4A) Subsection (1)(a) above does not apply in relation to the accounts of a health service body; and in the application of subsection (3) above to an extraordinary audit of any such accounts for the words “15 to 20 above, except subsections (1) and (2) of section 17” there shall be substituted “15, 16, and 18 above”.

13

In section 23 (regulations as to accounts), in subsection (1) after the words “this Part of this Act” there shall be inserted “other than health service bodies”.

14

In section 24 (right of local government elector to inspect accounts etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than a health service body”.

15

At the end of section 25 (audit of accounts of officers) there shall be inserted the following subsection —

(2) In the application of subsection (1) above to an officer of a health service body for the words “15 to 24” there shall be substituted “15, 16, 18, 21 and 22”.

16

In section 25A (power of auditor to issue prohibition order), in subsection (1) after the words “Part of this Act”, in the first place where they occur, there shall be inserted “other than a health service body”.

17

In section 25D (power of auditor to apply for judicial review), in subsection (1) after the word “body”, in the first place where it occurs, there shall be inserted “other than a health service body”.

18

• (1) In section 26 (studies for improving economy etc. in services), at the end of subsection (3) there shall be added “and, in the case of studies relating to a health service body, shall, on request, furnish to the Comptroller and Auditor General, all material relevant to the studies”.

• (2) At the end of subsection (4) of that section there shall be added “and, in the case of any health service bodies, the Commission shall also consult the Secretary of State and the Comptroller and Auditor General”.

19

• (1) In section 27 (reports on impact of statutory provisions etc.), in subsection (1) after the words “Part of this Act” there shall be inserted “other than health service bodies”.

• (2) At the end of that section there shall be added the following subsection—

(6) Notwithstanding that the services provided by health service bodies are excluded from the scope of studies under this section, in undertaking or promoting studies under section 26(1) above relating to a health service body, the Commission may take into account the implementation by the body of— (a) any particular statutory provision or provisions, and (b) any directions or guidance given by the Secretary of State (whether pursuant to any such provision or otherwise), but the power conferred by this subsection shall not be construed as entitling the Commission to question the merits of the policy objectives of the Secretary of State.

20

• (1) In section 29 (miscellaneous functions of Commission), at the end of subsection (2) there shall be added “or, in the case of a health service body, such other organisations as appear to the body to be appropriate”.

• (2) At the end of subsection (3) of that section there shall be added “or the National Health Service”.

21

In section 30 (restriction on disclosure of information), in subsection (1)(b) after the words “Part of this Act” there shall be inserted “or, in the case of a health service body, for the purposes of the functions of the Secretary of State and the Comptroller and Auditor General under the National Health Service Act 1977”.

22

• (1) In section 33 (commencement and transitional provisions) after subsection (4) there shall be inserted the following subsection—

(4A) The Secretary of State may by regulations provide for any statutory provision not contained in this Part of this Act to continue to apply on and after the day appointed for the coming into force of paragraph 22 of Schedule 4 to the National Health Service and Community Care Act 1990 in relation to accounts for any period beginning before that day of health service bodies, with such modifications, additions and omissions as may be prescribed by the regulations; and different provision may be made by such regulations in relation to the accountsof bodies of different descriptions and in relation to the accounts for different periods. (2) In subsection (5) of that section (provision of working capital to the Commission) for the words “second appointed day ”, in the second place where they occur, there shall be substituted “day appointed for the coming into force of paragraph 22 of Schedule 4 to the National Health Service and Community Care Act 1990 ” and at the end of the subsection there shall be added the words “with respect to its functions in relation to health service bodies ”

.

24

• (1) In Schedule 3 (provisions as to the Commission), in paragraph 3(3) for the word “and”, in the last place where it occurs, there shall be substituted “or, as the case may require, such organisations connected with the health service as appear to him to be appropriate and (in either case)”.

• (2) At the beginning of paragraph 9 there shall be inserted “Subject to sub-paragraph (2) below” and at the end of the paragraph there shall be inserted—

(2) Sub-paragraph (1) above shall apply separately with respect to the functions of the Commission in relation to health service bodies and its functions in relation to other bodies.

SCHEDULE 5

Health Boards

1

Schedule 1 to the 1978 Act shall be amended in accordance with paragraphs 2 to 7 below.

2

After paragraph 2 of that Schedule (membership of Health Boards) there shall be inserted the following paragraph—

(2A) In the case of a prescribed Health Board at least one of the persons appointed under paragraph 2 above must hold a post in a university with a medical or dental school.

3

In paragraph 4 of that Schedule (remuneration), after the words “Health Board” there shall be inserted “and to such other members of a Health Board as may be prescribed”.

4

At the end of paragraph 5A of that Schedule there shall be added the words “and a direction under that paragraph may relate to a particular officer or servant or class of officer or servant specified in the direction”.

5

After paragraph 7 of that Schedule there shall be inserted the following paragraphs—

(7A) Regulations may provide for the transfer of officers and servants from a Health Board to— (a) another Health Board; (b) the Agency; or (c) a state hospital, and for arrangements under which the services of an officer or servant of a Health Board are placed at the disposal of a body mentioned in sub-paragraphs (a) to (c). (7B) Directions may be given by the Secretary of State— (a) to a Health Board to place services of any of its officers or servants at the disposal of a body mentioned in sub-paragraphs (a) to (c) of paragraph 7A; and (b) to any such body to employ as an officer or servant any person who is or was employed by a Health Board and is specified in the direction, and a Board or body to which such directions are given shall comply with the directions. (7C) Before making regulations under paragraph 7A or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.

6

After paragraph 8 of that Schedule there shall be inserted the following paragraph—

(8A) In connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), regulations may make provision with respect to— (a) the transfer to employment by a local authority of officers or servants employed by a Health Board; and (b) the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph, and for the purposes of this paragraph “National Health Service body” means a Health Board, the Agency or an NHS trust.

.

7

In paragraph 11(b) of that Schedule (delegation to committees etc), for the words “composed, as to a majority, by members of Health Boards” there shall be substituted “constituted in accordance with the regulations”.

Common Services Agency

8

Schedule 5 to the 1978 Act shall be amended in accordance with paragraphs 9 to 12 below.

9

In paragraph 3 of that Schedule (appointment of chairman and members) for the words from “other members appointed” to the end there shall be substituted “such other members as the Secretary of State may, after consultation with the Health Boards, appoint.”

10

In paragraph 3A of that Schedule (remuneration), after the words “management committee” there shall be inserted “and to such other members of the management committee as may be prescribed”.

11

After paragraph 7A of that Schedule there shall be inserted the following paragraphs—

(7B) Regulations may provide for the transfer of officers and servants from the Agency to a Health Board or state hospital, and for arrangements under which the services of an officer or servant of the Agency are placed at the disposal of a Health Board or state hospital. (7C) Directions may be given by the Secretary of State— (a) to the Agency to place services of any of its officers or servants at the disposal of a Health Board or state hospital; and (b) to a Health Board or state hospital to employ as an officer or servant any person who is or was employed by the Agency and is specified in the direction, and it shall be the duty of the Agency, a Health Board or a state hospital to comply with any such directions given to it.

12

After paragraph 8 of that Schedule there shall be inserted the following paragraphs—

(8A) In connection with arrangements relating to community care services (within the meaning of section 5A(4) (local authority plans for community care services) of the Social Work (Scotland) Act 1968), regulations may make provision with respect to— (a) the transfer to employment by a local authority of officers or servants employed by the Agency; and (b) the transfer to employment by a National Health Service body of officers and servants transferred to employment by a local authority by virtue of this paragraph, and for the purposes of this paragraph “National Health Service body” means the Agency, a Health Board or an NHS trust. (8B) Before making regulations under paragraph 7B or 8A, the Secretary of State shall consult such bodies and organisations as appear to him to be concerned.

.

State hospitals

13

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

SCHEDULE 6

SCHEDULE 7

The Local Government (Scotland) Act 1973

1

Part VII of the Local Government (Scotland) Act 1973 (finance) shall be amended in accordance with paragraphs 2 to 13 below.

2

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

3

• (1) Section 97 (establishment of Commission for Local Authority Accounts in Scotland) shall be amended as follows.

• (2) In subsection (1)—

• (a) for the words “Commission for Local Authority Accounts in Scotland” there shall be substituted “Accounts Commission for Scotland”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

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

5

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

6

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

7

• (1) Section 100 (auditor’s right of access to documents) shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After subsection (1) there shall be inserted the following subsection—

(1A) In the case of a recognised fund-holding practice, the reference in subsection (1) above to documents includes a reference to documents relating to all the accounts and records of the members of the practice, whether or not relating to an allotted sum.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

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

9

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

10

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

11

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

12

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

13

In Schedule 8 (provisions as to the Commission), for the words “Commission for Local Authority Accounts in Scotland” in both places where they occur there shall be substituted “Accounts Commission for Scotland”.

The National Health Service (Scotland) Act 1978

14

• (1) Section 86 of the National Health Service (Scotland) Act 1978 (keeping and audit of accounts of certain Scottish health bodies) shall be amended as follows.

• (2) In subsections (1) and (1A), for the words “by auditors appointed by the Secretary of State” there shall be substituted “in accordance with Part VII of the Local Government (Scotland) Act 1973 by auditors appointed by the Accounts Commission for Scotland”.

• (3) After subsection (1B) there shall be inserted the following subsection—

(1C) In such circumstances and to such extent as regulations made by the Secretary of State so provide, the requirement in subsection (1A)(a) to have accounts audited shall not apply to the accounts for any year of a recognised fund-holding practice if those accounts are submitted to a Health Board and summarised in the Board’s accounts.

• (4) Subsection (2) shall cease to have effect.

General amendment

15

Without prejudice to any express amendment made by this Act, for any reference in any enactment (including an enactment comprised in subordinate legislation) to the Commission for Local Authority Accounts in Scotland there shall be substituted a reference to the Accounts Commission for Scotland.

SCHEDULE 8

Part I — Amendments Continuing Certain Statutory Exemptions

The Employers’ Liability (Compulsory Insurance) Act 1969

1

In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2) after the words “sub-section (1)(a) above” there shall be inserted—

(a) 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 or the National Health Service (Scotland) Act 1978; and (b)

.

The Vehicles (Excise) Act 1971

2

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

The Copyright, Designs and Patents Act 1988

3

At the end of section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business) there shall be added the following subsection—

(6) In this section “the Crown” includes 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 or the National Health Service (Scotland) Act 1978; and the reference in subsection (1) above to public business shall be construed accordingly.

The Road Traffic Act 1988

4

In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security) in subsection (2) after paragraph (d) there shall be inserted the following paragraphs—

(da) to a vehicle owned by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, at a time when the vehicle is being driven under the owner’s control, (db) to an ambulance owned by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978, at a time when a vehicle is being driven under the owner’s control

.

Part II — Consequential Amendments

The Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947

5

In the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (procedure for authorising compulsory purchases), after paragraph 10 there shall be inserted the following paragraph—

(10A) In paragraphs 9 and 10 of this Schedule “statutory undertakers” include— (a) a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990; and (b) a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978; but in relation to a health service body, as so defined, any reference in those paragraphs to land acquired or available for acquisition by the statutory undertakers shall be construed as a reference to land acquired or available for use by the Secretary of State for use or occupation by that body.

The Town and Country Planning Act 1971

6

In section 128 of the Town and Country Planning Act 1971 (use and development of consecrated land and burial grounds) after subsection (4) there shall be inserted the following subsection—

(4A) In the case of land— (a) which has been acquired by the Secretary of State under subsection (1) of section 87 of the National Health Service Act 1977 or to which, by virtue of subsection (6) of that section, this section applies as if it had been so acquired, and (b) which is held, used or occupied by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, subsection (1) or, as the case may be, subsection (4) above shall apply with the omission of paragraph (a) and, in paragraph (b), of the words “in any other case”.

The Town and Country Planning (Scotland) Act 1972

7

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

The Acquisition of Land Act 1981

8

• (1) At the end of section 16 of the Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase) there shall be added the following subsection—

(3) In the preceding provisions of this section “statutory undertakers” include— (a) a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990; and (b) a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978; but in relation to a health service body, as so defined, any reference in those provisions to land acquired or available for acquisition by the statutory undertakers shall be construed as a reference to land acquired or available for acquisition by the Secretary of State for use or occupation by that body

.

• (2) In section 17 of that Act (local authority and statutory undertakers’ land) at the end of subsection (2) there shall be inserted the following subsection—

(2A) Subsection (3) of section 16 above applies in relation to subsections (1) and (2) above as it applies in relation to the preceding provisions of that section.

The Value Added Tax Act 1983

9

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

The Housing Act 1988

10

In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), at the end of Ground 16 (dwelling-house let in consequence of employment by the landlord) there shall be added the following paragraph—

For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.

The Housing (Scotland) Act 1988

11