Health and Social Care Act 2008

• (3) Omit sub-paragraph (2) (which prevents an Order in Council under section 60 of the 1999 Act from imposing a requirement which would have the effect that a majority of the members of the regulatory body of a profession would be persons not included in the register of members admitted to practice).

• (4) Omit sub-paragraph (3) (which prevents an Order in Council under section 60 of the 1999 Act from providing for a function conferred on the Privy Council, in relation to any profession to which subsection (2)(a) of that section applies, to be exercised by a different person).

6

• (1) Paragraph 8 (other matters outside the scope of the Orders) is amended as follows.

• (2) In sub-paragraph (2) omit paragraph (d).

• (3) After that sub-paragraph insert—

(2A) Where an enactment provides, in relation to any profession, for any function of administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers or the Office of the Health Professions Adjudicator to exercise that function. (2B) In sub-paragraphs (1) and (2A) references to a regulatory body do not include references to any of the following— (a) the Royal Pharmaceutical Society of Great Britain, (b) the Pharmaceutical Society of Northern Ireland, and (c) the Hearing Aid Council.

7

• (1) Paragraph 9 (preliminary procedure for making Orders) is amended as follows.

• (2) In sub-paragraph (1)(b)—

• (a) for “the profession”, where it first occurs, substitute “ any profession ”, and

• (b) for “by the profession” substitute “ by any profession to be regulated ”.

• (3) After sub-paragraph (1) insert—

(1A) In the case of a draft Order which amends or repeals— (a) an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act, or (b) any other enactment that extends to Scotland and relates to matters falling within the legislative competence of the Scottish Parliament, but does not contain provision of the kind mentioned in sub-paragraph (3), the persons consulted by the Secretary of State under sub-paragraph (1)(b) must include the Scottish Ministers.

• (4) In sub-paragraph (3) after “that Parliament” insert “ and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence ”.

8

In paragraph 10 (interpretation of the Schedule)—

• (a) before the definition of “Order” insert—

“dental practitioner” means a person registered in the dentists register under the Dentists Act 1984, “enactment” means an enactment contained in, or in an instrument made under— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) a Measure or Act of the National Assembly for Wales, or (d) Northern Ireland legislation, “functions” includes powers and duties, “medical practitioner” means a registered medical practitioner as defined by Schedule 1 to the Interpretation Act 1978,

, and

• (b) omit the words from “and other expressions” to the end.

9

In paragraph 11 (which contains further interpretative provisions), in sub-paragraph (2)—

• (a) in paragraph (c), for “Part 1 of the 1977 Act” substitute “ Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006 ”, and

• (b) in paragraph (d), for “Part 1 of the 1977 Act” substitute “ Part 5 of the National Health Service Act 2006 or Part 5 of the National Health Service (Wales) Act 2006 ”.

10

Omit paragraph 12 (which confers limited powers in relation to the profession regulated by the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))).

SCHEDULE 9

Interpretation

1

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

Matters generally within the scope of regulations

2

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

Manner of exercise of power

3

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

4

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

5

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

6

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

7

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

Matters outside the scope of regulations

8

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

Preliminary procedure for making regulations: England

9

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

Preliminary procedure for making regulations: Wales

10

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

SCHEDULE 10

Provision consequential on section 113(1)

1

• (1) Any reference in any instrument or document to the Council for the Regulation of Health Care Professionals is to be read, in relation to any time after the commencement of section 113(1), as a reference to the Council for Healthcare Regulatory Excellence.

• (2) Any reference in this Act or in any other enactment, instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time before the commencement of section 113(1), as a reference to the Council for the Regulation of Health Care Professionals.

Public Records Act 1958 (c. 51)

2

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the table set out in paragraph 3 of that Schedule—

• (a) for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”, and

• (b) at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

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

3

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—

• (a) in paragraph 1 (bodies to which in England and Wales Act applies), for the paragraph (bd) inserted by paragraph 21 of Schedule 7 to the 2002 Act substitute—

(bca) the Council for Healthcare Regulatory Excellence; (bcb) the Office of the Health Professions Adjudicator;

, and

• (b) in paragraph 2 (bodies to which in Scotland Act applies), before paragraph (d) insert—

(ca) the Council for Healthcare Regulatory Excellence; (cb) the Office of the Health Professions Adjudicator;

.

House of Commons Disqualification Act 1975 (c. 24)

4

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)—

• (a) for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

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

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—

• (a) for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

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

Race Relations Act 1976 (c. 74)

6

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

Dentists Act 1984 (c. 24)

7

In section 27 of the Dentists Act 1984 (allegations against registered dentists), in subsection (2)(g), after “social care profession” insert “ , or by the Office of the Health Professions Adjudicator, ”.

8

In section 36A of the Dentists Act 1984 (professions complementary to dentistry), in subsection (1)(b), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.

9

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

Health Act 1999 (c. 8)

10

In section 60 of the 1999 Act (regulation of health care and associated professions), in subsection (1)(c), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.

11

In section 62 of the 1999 Act (regulations and orders), for subsection (4) substitute—

(4) Any power under this Act to make Orders in Council or orders— (a) may be exercised either in relation to all cases to which the power extends, or in relation to all cases subject to specified exceptions, or in relation to any specified cases or classes of case, (b) may be exercised so as to make, as respects the cases in relation to which it is exercised— (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise), (ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act, (iii) any such provision either unconditionally or subject to any specified condition, and (c) may, in particular, be exercised so as to make different provision for different areas. (4A) Any such power includes power— (a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the person exercising the power considers to be expedient, and (b) to provide for a person to exercise a discretion in dealing with any matter.

12

In Schedule 3 to the 1999 Act (regulation of health care and associated professions), in paragraph 7(4), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.

Freedom of Information Act 2000 (c. 36)

13

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)—

• (a) for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

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

Nursing and Midwifery Order 2001 (S.I. 2002/253)

14

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

Health Professions Order 2001 (S.I. 2002/254)

15

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

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

16

For the title to section 25 of the 2002 Act, and for the heading immediately preceding the section, substitute “The Council for Healthcare Regulatory Excellence”.

17

• (1) Section 25 of the 2002 Act is amended as follows.

• (2) In subsection (3), for paragraphs (h) and (i) substitute—

(ga) the Nursing and Midwifery Council, (gb) the Health Professions Council, and

.

• (3) In that subsection, for paragraph (j) substitute—

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

• (4) In subsection (6), omit “and (3)”.

18

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

19

For the title to Schedule 7 to the 2002 Act substitute “The Council for Healthcare Regulatory Excellence”.

Health Act 2006 (c. 28)

20

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

21

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

22

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

23

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

National Health Service Act 2006 (c. 41)

24

In section 201 of the National Health Service Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.

National Health Service (Wales) Act 2006 (c. 42)

25

In section 149 of the National Health Service (Wales) Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.

National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335)

26

In Part 1 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006 (bodies of which all members are disqualified)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289)

27

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

SCHEDULE 11

Introductory

1

In this Schedule “the 1984 Act” means the Public Health (Control of Disease) Act 1984 (c. 22).

Local Government, Planning and Land Act 1980 (c. 65)

2

In section 159 of the Local Government, Planning and Land Act 1980 (public health etc.), in subsection (1), omit paragraph (e) and the word “and” immediately preceding it.

Public Health (Control of Disease) Act 1984

3

• (1) Section 1 (authorities administering Act) of the 1984 Act is amended as follows.

• (2) For subsection (1) substitute—

(1) In this Act “local authority” means any of the following— (a) a district council; (b) in England, a county council for an area for which there is no district council; (c) in Wales, a county council or county borough council; (d) a London borough council; (e) the Common Council of the City of London; (f) the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple; (g) the Council of the Isles of Scilly.

• (3) Omit subsections (2) and (4).

4

• (1) Section 5 of the 1984 Act (financial provisions as to port health authorities) is amended as follows.

• (2) In subsection (2), for the words from “shall” onwards substitute “ shall be defrayed by the constituent districts in such proportions and in such manner as may be determined by or in accordance with the order. ”

• (3) In subsection (3), omit “or rating districts”.

5

In section 7 of the 1984 Act (port health district and authority for Port of London), in subsection (4), omit paragraphs (c) and (d).

6

Omit section 9 of the 1984 Act (vessels in inland or coastal waters).

7

In section 48 of the 1984 Act (removal of body to mortuary or for immediate burial), in subsection (1), for the words from “in any building” to “neighbouring building” substitute “ in any place would endanger the health of any person ”.

8

In section 49 of the 1984 Act (regulations as to canal boats), in subsection (1)—

• (a) at the end of paragraph (a) insert “ and ”,

• (b) omit paragraph (c) and the word “and” immediately preceding it.

9

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

10

In section 51 of the 1984 Act (duties of local authorities and port health authorities under Part 4)—

• (a) omit subsection (1), and

• (b) in subsection (2) omit the words “the provisions of this Part of this Act and”.

11

Omit section 52 of the 1984 Act (prosecution of offences under Part 4).

12

Omit sections 54 to 57 of the 1984 Act.

13

In section 58 of the 1984 Act (form of notices and other documents), in subsection (1) for “local authority” (in each place it occurs) substitute “ relevant health protection authority ”.

14

In section 59 of the 1984 Act (authentication of documents)—

• (a) for “local authority” (wherever it occurs) substitute “ relevant health protection authority ”, and

• (b) in subsection (2) for “byelaws” substitute “ regulations ”.

15

In section 60 of the 1984 Act (service of notices and other documents) for “made by this Act” substitute “ made by or under this Act ”.

16

After section 60 of the 1984 Act insert—

(60A) (1) The appropriate Minister may by regulations make provision enabling notices, orders and other documents specified in the regulations to be given or served by an electronic communication. (2) Such provision must however secure that the notices, orders and other documents specified in the regulations may only be so given or served if— (a) the person to whom they are to be given or on whom they are to be served has consented in writing to the receipt of notices, orders and other documents by an electronic communication, and (b) the communication is sent to the number or address specified by that person when giving consent. (3) The power to make regulations under this section is exercisable by statutory instrument. (4) An instrument containing any such regulations is subject to annulment— (a) in the case of regulations made by the Secretary of State, in pursuance of a resolution of either House of Parliament; (b) in the case of regulations made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales. (5) Sections 58 to 60 are to be read subject to any provision made in regulations under this section. (6) In this section— - “electronic communication” has the same meaning as in the Electronic Communications Act 2000, - “notices, orders and other documents” means notices, orders and other documents authorised or required by or under this Act to be given or served, and - “the appropriate Minister” means— 1. the Secretary of State, in relation to England; 2. the Welsh Ministers, in relation to Wales.

17

• (1) Section 61 of the 1984 Act (power to enter premises) is amended as follows.

• (2) In subsection (1)—

• (a) for “authorised officer of a local authority” substitute “ proper officer of a relevant health protection authority ”,

• (b) for paragraph (a) substitute—

(a) for the purposes of ascertaining whether there is, or has been, any contravention of a relevant provision of this Act, or of an order made by a justice of the peace under Part 2A of this Act, which it is the function of the relevant health protection authority to enforce,

, and

• (c) in each of paragraphs (b), (c) and (d)—

• (i) for “or such byelaws” substitute “ or in relation to such an order ”, and

• (ii) for “local authority” substitute “ relevant health protection authority ”.

• (3) In subsection (2) omit “, other than a factory or workplace,”.

• (4) After subsection (2) insert—

(2A) Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling (but this does not affect the power of a justice of the peace under subsection (3) to issue a warrant authorising entry to a private dwelling or to any part of premises used as a private dwelling).

• (5) In subsection (3), for “the local authority by any authorised officer” substitute “ the relevant health protection authority by any proper officer ”.

18

• (1) Section 62 of the 1984 Act (supplementary provisions as to entry) is amended as follows.

• (2) In subsection (1)—

• (a) for “An authorised officer” substitute “ A proper officer (“the officer”) ”, and

• (b) after “other persons” insert “ and such equipment and materials ”.

• (3) After subsection (1) insert—

(1A) The officer may for the purpose for which entry is authorised— (a) search the premises, (b) carry out measurements and tests of the premises or of anything found on them, (c) take and retain samples of the premises or of anything found on them, (d) inspect and take copies or extracts of any documents or records found on the premises, (e) require information stored in an electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form, and (f) seize and detain or remove anything which the officer reasonably believes to be evidence of any contravention relevant to the purpose for which entry is authorised.

• (4) Omit subsection (3).

• (5) For subsection (4) substitute—

(4) Nothing in section 61 or this section limits the provisions of Parts 2A and 4, and of regulations made under Part 2A, with respect to entry into or upon, and inspection of, any premises.

19

For section 63 of the 1984 Act substitute—

(63) (1) A person commits an offence if the person wilfully obstructs any person acting in the execution of a provision of Part 3 or 4 or this Part, or of any regulations, order or warrant made or issued under such a provision. (2) A person guilty of an offence under subsection (1) is liable on summary conviction— (a) in the case of an offence of wilfully obstructing a person in the execution of a provision of Part 4 or of any regulations made under a provision of that Part, to a fine not exceeding level 1 on the standard scale, and (b) in any other case, to a fine not exceeding £20,000.

20

After section 63 of the 1984 Act insert—

(63A) (1) If an offence created by or under this Act is committed by a body corporate and is proved— (a) to have been committed with the consent or connivance of an officer, or (b) to be attributable to any neglect on the part of an officer, the officer (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. (2) “Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity. (3) If the affairs of a body corporate are managed by its members, subsection (1) applies to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate. (63B) (1) Proceedings for an offence alleged to have been committed by an unincorporated association are to be brought in the name of the association (and not in that of any of the members). (2) Rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate. (3) In proceedings for an offence brought against an unincorporated association, Schedule 3 to the Magistrates' Courts Act 1980 applies as it applies to a body corporate. (4) A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association. (5) If an offence committed by an unincorporated association is proved— (a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or (b) to be attributable to any neglect on the part of such an officer or member, the officer or member (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly. (6) In this section, “offence” means an offence created by or under this Act.

21

• (1) Section 64 of the 1984 Act (restriction on right to prosecute) is amended as follows.

• (2) For subsection (1) substitute—

(1) Proceedings in respect of an offence created by a provision of, or regulations under, this Act may not be taken by any person other than— (a) a relevant health protection authority, (b) a body whose function it is to enforce the provision or regulation in question, or (c) a person who made (or whose predecessors made) the regulation in question.

• (3) Subsection (2) is omitted.

22

After section 64 of the 1984 Act insert—

(64A) (1) Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980, a magistrates' court may try an information (or written charge) relating to an offence created by or under this Act if the information is laid (or the charge is issued)— (a) before the end of the period of 3 years beginning with the date of the commission of the offence, and (b) before the end of the period of 6 months beginning with the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to the prosecutor's knowledge. (2) For the purposes of subsection (1)(b)— (a) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the prosecutor's knowledge is conclusive evidence of that fact, and (b) a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.

23

• (1) Section 67 of the 1984 Act (applications to, and appeals from, magistrates' courts) is amended as follows.

• (2) In subsection (1), after “this Act” insert “ or a provision contained in regulations made under this Act ”.

• (3) Omit subsection (3).

24

For section 69 of the 1984 Act substitute—

(69) (1) Nothing done by a relevant health protection authority or by one of its officers, and no contract entered into by such an authority, is to subject the authority or officer to any action, liability, claim or demand whatsoever if the thing is done, or the contract is entered into, bona fide for the purposes of executing a relevant provision of this Act. (2) Any expense incurred by any such authority or officer acting bona fide as mentioned in subsection (1) is to be borne and repaid out of the fund applicable by the authority to its functions of executing the provision in question. (3) Reference in this section to an officer of a relevant health protection authority also includes a member of that authority and any person acting under the direction of that authority.

25

Omit section 70 of the 1984 Act (local inquiries).

26

For section 71 of the 1984 Act substitute—

(71) (1) Subsection (2) applies if the appropriate Minister is satisfied that a relevant health protection authority has failed to discharge its functions under a relevant provision of this Act in any case where it ought to have discharged them. (2) The appropriate Minister may make an order— (a) declaring the authority to be in default, and (b) directing the authority to discharge such of its functions, and in such manner and within such time or times, as may be specified in the order. (3) If the authority fails to comply with a requirement of the order within the specified time, the appropriate Minister may— (a) enforce the order by mandatory order or otherwise, or (b) make an order transferring such of the functions of the authority to the Minister or such other public authority as may be specified in the order. (4) If functions are transferred by virtue of subsection (3)(b) to the Minister, the Minister may direct another public authority to discharge them on the Minister's behalf. (5) An order under subsection (3)(b) may include provision about the funding of the functions, including provision requiring the relevant health protection authority to bear any costs associated with the discharge of those functions by or on behalf of the Minister or other public authority. (6) The appropriate Minister may vary or revoke an order made by the Minister under subsection (3)(b), but without prejudice to anything previously done under it. (7) If such an order is revoked, the appropriate Minister may, either by the revoking order or by a subsequent order, make provision with respect to the transfer, vesting and discharge of any property or liabilities acquired or incurred by or on behalf of the Minister or other public authority in discharging any functions to which the revoking order related.

27

In section 72 of the 1984 Act (cumulative effect of Act) for “by this Act” substitute “ by or under this Act ”.

28

In section 73 of the 1984 Act (Crown property) after subsection (4) insert—

(5) In this section “premises” does not include any vessel— (a) belonging to Her Majesty, or (b) under the command or charge of an officer holding Her Majesty's commission.

29

• (1) Section 74 of the 1984 Act (interpretation) is amended as follows.

• (2) For the definition of “district” substitute—

“district” means— (a) in relation to a local authority in Greater London, a London borough, the City of London, the Inner Temple or the Middle Temple, (b) in relation to a local authority in England for an area for which there is no district council, that area, (c) in relation to a local authority in Wales, a county or county borough, (d) in relation to the Council of the Isles of Scilly, those Isles;

.

• (3) In the definition of “local authority” for “section 1(2)” substitute “ section 1(1) ”.

• (4) For the definition of “premises” substitute—

“premises” includes any place and, in particular, includes— (a) any vehicle, train, vessel or aircraft, (b) any tent or movable structure, and (c) any offshore installation (as defined in section 12(1) of the Mineral Workings (Offshore Installations) Act 1971);

.

• (5) In the definition of “relevant provision of this Act”, before “other” insert “ (including a provision in regulations made under this Act) ”.

• (6) In the appropriate place, insert the following definitions—

• “public authority” has the meaning given in section 6(3) of the Human Rights Act 1998;

,

“relevant health protection authority” means— (a) a local authority, port health authority or joint board with functions under a relevant provision of this Act, and (b) if regulations under Part 2A confer functions on a public authority of any other description and state that the authority is to be regarded as a relevant health protection authority with respect to those functions, that authority;

.

• (7) The following definitions are omitted—

• (a) “coastal waters”;

• (b) “common lodging-house”;

• (c) “dustbin”;

• (d) “factory”;

• (e) “hospital”;

• (f) “house”;

• (g) “inland waters”;

• (h) “local Act”;

• (i) “NHS trust” and “NHS contract”;

• (j) “notifiable disease”;

• (k) “rating district”;

• (l) “school”;

• (m) “street”.

30

Omit section 76 of the 1984 Act (Isle of Man and Channel Islands).

Planning and Compensation Act 1991 (c. 34)

31

In Part 1 of Schedule 18 to the Planning and Compensation Act 1991 (provisions that do not provide for interest) omit the entry for section 57 of the Public Health (Control of Disease) Act 1984.

SCHEDULE 12

Part 1 — England

1

In this Part of this Schedule “the NHS Act” means the National Health Service Act 2006 (c. 41).

2

• (1) Section 228 of the NHS Act (public funding of Primary Care Trusts) is amended as follows.

• (2) For subsection (1) substitute—

(1) The Secretary of State must pay in respect of each financial year to each Primary Care Trust sums not exceeding the amount allotted for that year by the Secretary of State to the Primary Care Trust towards meeting the expenditure of the Primary Care Trust which is attributable to the performance by it of its functions in that year.

• (3) Omit subsection (2).

• (4) In subsections (3) and (7)(b), for “(1)(b)” substitute “ (1) ”.

• (5) Omit subsection (12).

3

In section 229 of the NHS Act (financial duties of Primary Care Trusts), in subsection (1)—

• (a) omit “(not including its pharmaceutical services expenditure)”, and

• (b) in paragraph (a), for “section 228(1)(b)” substitute “ section 228(1) ”.

4

In section 230 of the NHS Act (resource limits for Primary Care Trusts) omit subsections (2) and (3).

5

• (1) Schedule 14 to the NHS Act (further provision about expenditure of Primary Care Trusts) is amended as follows.

• (2) Omit paragraphs 1 and 2.

• (3) After paragraph 3 insert—

(3A) (1) The Secretary of State may designate any element of the remuneration paid by Primary Care Trusts to persons providing pharmaceutical services or local pharmaceutical services which is not remuneration referable to the cost of drugs. (2) If an element is so designated, the Secretary of State must for each financial year apportion among all Primary Care Trusts, in such manner as the Secretary of State considers appropriate, the total of the remuneration referable to that element which is paid by each Primary Care Trust in that year. (3) A Primary Care Trust is accountable in any year for remuneration referable to that element to the extent (and only to the extent) that such remuneration is apportioned to it under sub-paragraph (2). (4) Where in any financial year any remuneration referable to that element for which a Primary Care Trust is accountable is paid by another Primary Care Trust, the remuneration must be treated (for the purposes of sections 228 and 229) as having been paid by the first Primary Care Trust in the performance of its functions. (5) The Secretary of State may, in particular, exercise the discretion under sub-paragraph (2)— (a) so that any apportionment relating to services associated with the provision of drugs reflects, in the case of each Primary Care Trust, the financial consequences of orders for the provision of drugs, being orders which in the opinion of the Secretary of State are attributable to the Primary Care Trust in question, (b) by reference to averaged or estimated amounts. (6) The Secretary of State may make provision for any remuneration referable to an element designated under sub-paragraph (1) which is paid by a Primary Care Trust other than the Primary Care Trust which is accountable for the payment to be reimbursed in such manner as the Secretary of State may determine.

• (4) In paragraph 4(1)—

• (a) for the definition of “designated” substitute—

“designate” means designate in writing (and different designations may be made for different purposes),

,

• (b) omit the definition of “pharmaceutical services”, and

• (c) in the definition of “remuneration referable to the cost of drugs”, omit the words “except in paragraph 1(2)(b) and”.

• (5) After paragraph 4(3) insert—

(4) If the Secretary of State does not treat such remuneration, so far as it is so met by an NHS trust or NHS foundation trust, as remuneration referable to the cost of drugs, the Secretary of State may treat it as remuneration falling within paragraph 3A(1).

Part 2 — Wales

6

In this Part of this Schedule “the NHS (Wales) Act” means the National Health Service (Wales) Act 2006 (c. 42).

7

In section 174 of the NHS (Wales) Act (public funding of Local Health Boards) omit “and pharmaceutical” in—

• (a) subsection (1)(a),

• (b) subsection (2)(a) and (b), and

• (c) subsection (12).

8

In section 175 of the NHS (Wales) Act (financial duties of Local Health Boards), in subsection (1) omit “and pharmaceutical”.

9

In section 176 of the NHS (Wales) Act (resource limits for Local Health Boards) omit “and pharmaceutical” in—

• (a) subsection (2), and

• (b) subsection (3)(b).

10

• (1) Schedule 8 to the NHS (Wales) Act (further provision about expenditure of Local Health Boards) is amended as follows.

• (2) In paragraph 1(1)—

• (a) omit “and pharmaceutical”, and

• (b) in paragraph (a) for the words from “services under” to “pharmaceutical services)” substitute “ general ophthalmic services ”.

• (3) In paragraph 1(2)—

• (a) in paragraph (a) for “services as mentioned in sub-paragraph (1)(a)” substitute “ general ophthalmic services ”, and

• (b) omit paragraphs (b) and (c).

• (4) Accordingly, in the heading immediately preceding paragraph 1, omit “and pharmaceutical”.

• (5) For paragraph 2 substitute—

(2) In section 174 “main expenditure”, in relation to a Local Health Board and the year in question, means— (a) expenditure of the Local Health Board attributable to the reimbursement in that year of expenses of persons providing general ophthalmic services which are designated expenses incurred in connection with the provision of those services (or in giving instruction in matters relating to those services), and (b) any other expenditure of the Local Health Board attributable to the performance of its functions in that year (other than general ophthalmic services expenditure).

• (6) After paragraph 3 insert—

(3A) (1) The Welsh Ministers may designate any element of the remuneration paid by Local Health Boards to persons providing pharmaceutical services or local pharmaceutical services which is not remuneration referable to the cost of drugs. (2) If an element is so designated, the Welsh Ministers must for each financial year apportion among all Local Health Boards, in such manner as the Welsh Ministers consider appropriate, the total of the remuneration referable to that element which is paid by each Local Health Board in that year. (3) A Local Health Board is accountable in any year for remuneration referable to that element to the extent (and only to the extent) that such remuneration is apportioned to it under sub-paragraph (2). (4) Where in any financial year any remuneration referable to that element for which a Local Health Board is accountable is paid by another Local Health Board, the remuneration must be treated (for the purposes of sections 174 and 175) as having been paid by the first Local Health Board in the performance of its functions. (5) The Welsh Ministers may, in particular, exercise their discretion under sub-paragraph (2)— (a) so that any apportionment relating to services associated with the provision of drugs reflects, in the case of each Local Health Board, the financial consequences of orders for the provision of drugs, being orders which in the opinion of the Welsh Ministers are attributable to the Board in question, (b) by reference to averaged or estimated amounts. (6) The Welsh Ministers may make provision for any remuneration referable to an element designated under sub-paragraph (1) which is paid by a Local Health Board other than the Board which is accountable for the payment to be reimbursed in such manner as the Welsh Ministers may determine.

• (7) In paragraph 4(1)—

• (a) at the end of the definition of “designated” insert “ and “designate” must be read accordingly ”,

• (b) omit the definition of “pharmaceutical services”, and

• (c) in the definition of “remuneration referable to the cost of drugs”, omit the words “except in paragraph 1(2)(b) and”.

• (8) After paragraph 4(3) insert—

(4) If the Welsh Ministers do not treat such remuneration, so far as it is so met by an NHS trust, as remuneration referable to the cost of drugs, they may treat it as remuneration falling within paragraph 3A(1).

SCHEDULE 13

Interpretation of Schedule

1

In this Schedule “the 1948 Act” means the National Assistance Act 1948 (c. 29).

Complaints, orders and payments under section 43 of the 1948 Act

2

• (1) No complaint may be made under section 43 of the 1948 Act on or after the appointed day, not even—

• (a) in respect of assistance given, or applied for, before that day, or

• (b) in respect of expenditure incurred by virtue of section 47 of that Act—

• (i) before the appointed day, or

• (ii) in connection with the maintenance of a person who is maintained in pursuance of an order under section 47 of that Act (order for removing, to suitable premises, person in need of care and attention) made before the appointed day.

• (2) No order may be made under section 43(2) of the 1948 Act on or after the appointed day, not even on a complaint made before that day.

• (3) No order made under section 43(2) of the 1948 Act—

• (a) may be varied on or after the appointed day so as to—

• (i) provide for any additional payment,

• (ii) increase the amount of any payment, or

• (iii) bring forward the time for making any payment;

• (b) may be revived on or after the appointed day.

• (4) Where an order has been made under section 43(2) of the 1948 Act, the only payments required to be made under the order on or after the appointed day are overdue pre-commencement payments.

• (5) This Act does not prevent enforcement after the appointed day (whether by proceedings or otherwise) of an order under section 43(2) of the 1948 Act so far as the order relates to overdue pre-commencement payments.

• (6) In this paragraph—

• “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(a);

• “overdue pre-commencement payment”, in relation to an order under section 43(2) of the 1948 Act, means a payment that under the order should have been (but was not) made before that day.

• (7) Sub-paragraphs (3) to (5) apply in relation to a registered order as to an order made under section 43(2) of the 1948 Act in England and Wales, except that in relation to a registered order “overdue pre-commencement payment” means a payment that under the registered order should have been (but was not) made before 5 October 2007.

• (8) In sub-paragraph (7) “registered order” means—

• (a) an order made in Scotland under section 43(2) of the 1948 Act, and

• (b) registered in England and Wales under Part 2 of the Maintenance Orders Act 1950 (c. 37) (enforcement in one part of the United Kingdom of orders made in another part).

Recovery of expenditure incurred under section 47(8) of the 1948 Act

3

• (1) Sub-paragraphs (3) to (5) apply in relation to expenditure incurred under section 47(8) of the 1948 Act in connection with the maintenance of any particular person (“A”).

• (2) In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for the expenditure's recovery under section 47(9) of the 1948 Act from a person other than A if the proceedings are brought against that other person (“B”) on account of B having, at a time before the appointed day, been for the purposes of the 1948 Act liable to maintain A.

• (3) No liability proceedings may be begun, or continued, on or after the appointed day; but this is subject to sub-paragraph (5).

• (4) Sub-paragraph (3) applies (subject to sub-paragraph (5))—

• (a) even to expenditure incurred before the appointed day, and

• (b) even where A is maintained in pursuance of an order under section 47 of the 1948 Act made before the appointed day.

• (5) Where liability proceedings begun before the appointed day resulted in a court making an order before that day for the recovery of the expenditure from B, this Act does not prevent the enforcement of the order (whether by proceedings or otherwise) on or after the appointed day.

• (6) In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(b).

Recovery of expenses incurred under section 48 of the 1948 Act

4

• (1) Sub-paragraphs (3) to (5) apply in relation to reasonable expenses incurred under section 48(1) and (2) of the 1948 Act in relation to a person (“C”) admitted, or removed, as mentioned in section 48(1) of that Act.

• (2) In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for the expenses' recovery under section 48(3) of the 1948 Act from a person other than C if the proceedings are brought against that other person (“D”) on account of D having, at a time before the appointed day, been for the purposes of the 1948 Act liable to maintain C.

• (3) No liability proceedings may be begun, or continued, on or after the appointed day; but this is subject to sub-paragraph (5).

• (4) Sub-paragraph (3) applies (subject to sub-paragraph (5))—

• (a) even to expenses incurred before the appointed day, and

• (b) even where C was admitted, or removed, before the appointed day.

• (5) Where liability proceedings begun before the appointed day resulted in a court making an order before that day for the recovery of the expenditure from D, this Act does not prevent the enforcement of the order (whether by proceedings or otherwise) on or after the appointed day.

• (6) In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(c).

Prosecutions under section 51 of the 1948 Act

5

• (1) Sub-paragraph (2) applies in relation to an offence under section 51 of the 1948 Act (offence where accommodation is provided under Part 3 of that Act in consequence of persistent refusal or neglect to maintain a person), other than an offence in respect of accommodation being provided to a person in consequence of that person's persistent refusal or neglect to maintain himself.

• (2) Proceedings for the offence may be begun or continued on or after the appointed day, but only if the accommodation provided in consequence of the refusal or neglect (or alleged refusal or neglect) began to be provided before the appointed day.

• (3) In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(d).

Transitional cases under paragraph 19(1) of Schedule 6 to the 1948 Act

6

• (1) Sub-paragraphs (2) and (3) apply where—

• (a) a person was by virtue of an enactment repealed by the 1948 Act under a liability (whether under an order of a court or otherwise) to maintain another person,

• (b) on the repeal of that enactment by the 1948 Act, that liability was saved by the operation of section 38(2) of the Interpretation Act 1889 (c. 63), and

• (c) paragraph 19(1) of Schedule 6 to the 1948 Act (which ended a saved liability to maintain a person where there was no liability to maintain that person for the purposes of the 1948 Act) did not have effect to end that liability.

• (2) If that liability has not come to an end before the appointed day, it comes to an end as from the beginning of that day; but this is subject to sub-paragraph (3).

• (3) Where that liability is brought to an end by this Act and an order of a court made before the appointed day requires the making of payments on account of that liability, this Act—

• (a) does not end liability to make payments under the order that should have been (but were not) made before the appointed day, and

• (b) does not prevent enforcement after the appointed day (whether by proceedings or otherwise) of the order so far as it relates to payments required by it to be made before the appointed day.

• (4) In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(e).

Transitional cases under paragraph 19(2) of Schedule 6 to the 1948 Act

7

• (1) Sub-paragraphs (2) and (3) apply where an order of court, or agreement, such as is mentioned in sub-paragraph (2) of paragraph 19 of Schedule 6 to the 1948 Act has effect at any time on or after 5 July 1948 by virtue of that sub-paragraph.

• (2) If the order or agreement has not ceased to have effect before the appointed day, it ceases to have effect as from the beginning of that day; but this is subject to sub-paragraph (3).

• (3) Where the order or agreement ceases to have effect as a result of the operation of this Act, this Act—

• (a) does not end liability to make payments under the order or agreement that should have been (but were not) made before the appointed day, and

• (b) does not prevent enforcement after the appointed day (whether by proceedings or otherwise) of the order or agreement so far as it relates to payments required by virtue of the order or agreement to be made before the appointed day.

• (4) In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(f).

Recovery of expenses under section 46 of the Public Health (Control of Disease) Act 1984

8

• (1) Sub-paragraphs (3) to (5) apply in relation to expenses incurred under subsection (1) or (2) of section 46 of the Public Health (Control of Disease) Act 1984 (c. 22) in relation to a person (“E”) whose body has been buried, or cremated, as mentioned in that subsection.

• (2) In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for the expenses' recovery under section 46(5) of that Act from a person (“F”) on account of F having, at a time before the appointed day, been for the purposes of the 1948 Act liable to maintain E.

• (3) No liability proceedings may be begun, or continued, on or after the appointed day; but this is subject to sub-paragraph (5).

• (4) Sub-paragraph (3) applies (subject to sub-paragraph (5))—

• (a) even to expenses incurred before the appointed day, and

• (b) even where E died before the appointed day.

• (5) Where liability proceedings begun before the appointed day resulted in a court making an order before that day for the recovery of the expenditure from F, this Act does not prevent the enforcement of the order (whether by proceedings or otherwise) on or after the appointed day.

• (6) In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(g).

SCHEDULE 14

Children Act 1989 (c. 41)

1

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

Parliamentary Commissioner Act 1967 (c. 13)

2

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

House of Commons Disqualification Act 1975 (c. 24)

3

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

Freedom of Information Act 2000 (c. 36)

4

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

National Health Service Act 2006 (c. 41)

5

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

6

In Schedule 1 to the National Health Service Act 2006 (further provision about the Secretary of State and services under that Act), in paragraph 3, for “2(1)(b)” substitute “ 2(2) ”.

National Health Service (Wales) Act 2006 (c. 42)

7

In Schedule 1 to the National Health Service (Wales) Act 2006 (further provision about the Welsh Ministers and services under that Act), in paragraph 3, for “2(1)(b)” substitute “ 2(2) ”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

8

In section 6 of the Safeguarding Vulnerable Groups Act 2006 (regulated activity providers), after subsection (8) insert—

(8A) An authority that is a local authority for the purposes of section 17A of the Children Act 1989 , section 57 of the Health and Social Care Act 2001 or sections 31 to 33 of the Care Act 2014 (direct payments) does not make arrangements for another to engage in a regulated activity by virtue of anything the authority does under any of those sections. (8B) A person (S) who is someone's surrogate within the meaning of section 57 of the Health and Social Care Act 2001 does not make arrangements for another to engage in a regulated activity by virtue of anything that S does under subsection (1B)(b) or (1C)(b) of that section. (8C) A person (S) who is authorised as mentioned in subsection (4)(a) of section 32 of the Care Act 2014 does not make arrangements for another to engage in a regulated activity by virtue of anything that S does under subsection (4)(b) of that section.

SCHEDULE 15

Part 1 — Repeals and revocations relating to Part 1

Part 2 — Regulation of healthcare professions

Part 3 — Public health protection

Part 4 — National Health Service

Part 5 — Abolition of maintenance liability of relatives

Part 6 — Establishment of National Information Governance Board

Part 7 — Abolition of National Biological Standards Board

The Commission's functions

Standards set by Secretary of State

Urgent procedure for cancellation

Interpretation of Chapter 2

Conflicts of interest

Proceedings for offences

Urgent procedure for suspension, variation etc.

Conflicts of interest

Granting licence to use trade mark

The Office of the Health Professions Adjudicator

Interaction with other authorities

Defence

Failure by the Commission or Healthwatch England in discharge of functions

The Office of the Health Professions Adjudicator

Information and advice

Power to require explanation

Further amendments relating to Part 1

Duty to inform the public

Reports for each financial year etc.

Defence

Failure by the Commission or Healthwatch England in discharge of functions

Powers of Secretary of State and devolved administrations

Fitness to practise panels

Electronic communications

Proceedings for offences

Education and training of approved mental health professionals: Wales

Functions under Medical Act 1983 and Opticians Act 1989

The Office of the Health Professions Adjudicator

Administration of oaths and issuing of witness summonses etc.

Constitution etc. of Council

Dissolution of Hearing Aid Council

Public health protection

Entitlement: Northern Ireland

Entitlement: Great Britain

Abolition of maintenance liability of relatives

Ordinary residence for certain purposes of National Assistance Act 1948 etc.

Power of Secretary of State to give financial assistance

Weighing and measuring of children: England

Weighing and measuring of children: Wales

Direct payments in lieu of provision of care services

Qualifying bodies

Consultation in relation to commencement

Status

General powers and duties

Membership

Remuneration and allowances for non-executive members

Employees

Procedure

Exercise of functions

Assistance

Payments and loans to the Commission

Accounts

Seal and evidence

Transfer schemes

Transfer

Employment

Transitional

Inspection authorities

Inspection functions

Public authorities

Delegation of inspection functions to public authorities

Inspection programmes and inspection frameworks

Inspections by other inspectors of activities within Commission's remit

Co-operation

Joint action

Advice or assistance for other public authorities

Inspections carried out under arrangements

Prison Act 1952 (c. 52)

Public Records Act 1958 (c. 51)

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

Parliamentary Commissioner Act 1967 (c. 13)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Race Relations Act 1976 (c. 74)

Copyright, Designs and Patents Act 1988 (c. 48)

Road Traffic Act 1988 (c. 52)

Vehicle Excise and Registration Act 1994 (c. 22)

Police Act 1996 (c. 16)

Audit Commission Act 1998 (c. 18)

Local Government Act 1999 (c. 27)

Crown Prosecution Service Inspectorate Act 2000 (c. 10)

Regulation of Investigatory Powers Act 2000 (c. 23)

Freedom of Information Act 2000 (c. 36)

Criminal Justice and Court Services Act 2000 (c. 43)

Courts Act 2003 (c. 39)

Public Audit (Wales) Act 2004 (c. 23)

Children Act 2004 (c. 31)

...

Education and Inspections Act 2006 (c. 40)

National Health Service Act 2006 (c. 41)

National Health Service (Wales) Act 2006 (c. 42)

NHS Redress Act 2006 (c. 44)

Safeguarding Vulnerable Groups Act 2006 (c. 47)

Local Government and Public Involvement in Health Act 2007 (c. 28)

...

...

...

...

...

...

...

...

...

...

...

...

...

...

Interpretation

Matters generally within the scope of regulations

Manner of exercise of power

Matters outside the scope of regulations

Preliminary procedure for making regulations: England

Preliminary procedure for making regulations: Wales

Provision consequential on section 113(1)

Public Records Act 1958 (c. 51)

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

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Race Relations Act 1976 (c. 74)

Dentists Act 1984 (c. 24)

Health Act 1999 (c. 8)

Freedom of Information Act 2000 (c. 36)

Nursing and Midwifery Order 2001 (S.I. 2002/253)

Health Professions Order 2001 (S.I. 2002/254)

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

...

National Health Service Act 2006 (c. 41)

National Health Service (Wales) Act 2006 (c. 42)

National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335)

Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289)

Introductory

Local Government, Planning and Land Act 1980 (c. 65)

Public Health (Control of Disease) Act 1984

Planning and Compensation Act 1991 (c. 34)

Interpretation of Schedule

Complaints, orders and payments under section 43 of the 1948 Act

Recovery of expenditure incurred under section 47(8) of the 1948 Act

Recovery of expenses incurred under section 48 of the 1948 Act

Prosecutions under section 51 of the 1948 Act

Transitional cases under paragraph 19(1) of Schedule 6 to the 1948 Act

Transitional cases under paragraph 19(2) of Schedule 6 to the 1948 Act

Recovery of expenses under section 46 of the Public Health (Control of Disease) Act 1984

Children Act 1989 (c. 41)

...

...

...

...

National Health Service (Wales) Act 2006 (c. 42)

Safeguarding Vulnerable Groups Act 2006 (c. 47)

Editorial notes

[^c1942165]: S. 8 partly in force; S. 8 in force for specified purposes at Royal Assent, see s. 170

[^c1942170]: S. 10 partly in force; S. 10 in force for specified purposes at Royal Assent, see s. 170

[^c1942171]: S. 13 partly in force; S. 13 in force for specified purposes at Royal Assent, see s. 170

[^c1942172]: S. 16 partly in force; S. 16 in force for specified purposes at Royal Assent, see s. 170

[^c1942173]: S. 17 partly in force; S. 17 in force for specified purposes at Royal Assent, see s. 170

[^c1942174]: S. 20 partly in force; S. 20 in force for specified purposes at Royal Assent, see s. 170

[^c1942175]: S. 30 partly in force; S. 30 in force for specified purposes at Royal Assent, see s. 170

[^c1942176]: S. 35 partly in force; S. 35 in force for specified purposes at Royal Assent, see s. 170

[^c1942177]: S. 38 partly in force; S. 38 in force for specified purposes at Royal Assent, see s. 170

[^c1942178]: S. 39 partly in force; S. 39 in force for specified purposes at Royal Assent, see s. 170

[^c1942179]: S. 40 partly in force; S. 40 in force for specified purposes at Royal Assent, see s. 170

[^c1942180]: S. 41 partly in force; S. 41 in force for specified purposes at Royal Assent, see s. 170

[^c1942181]: S. 42 partly in force; S. 42 in force for specified purposes at Royal Assent, see s. 170

[^c1942182]: S. 43 partly in force; S. 43 in force for specified purposes at Royal Assent, see s. 170

[^c1942183]: S. 48 partly in force; S. 48 in force for specified purposes at Royal Assent, see s. 170

[^c1942185]: S. 55 partly in force; S. 55 in force for specified purposes at Royal Assent, see s. 170

[^c1942186]: S. 59 partly in force; S. 59 in force for specified purposes at Royal Assent, see s. 170

[^c1942187]: S. 61 partly in force; S. 61 in force for specified purposes at Royal Assent, see s. 170

[^c1942189]: S. 65 partly in force; S. 65 in force for specified purposes at Royal Assent, see s. 170

[^c1942190]: S. 68 partly in force; S. 68 in force for specified purposes at Royal Assent, see s. 170

[^c1942053]: S. 73 partly in force; s. 73 in force for specified purposes at Royal Assent, see s. 170

[^c1942191]: S. 81 partly in force; S. 81 in force for specified purposes at Royal Assent, see s. 170

[^c1942192]: S. 85 partly in force; S. 85 in force for specified purposes at Royal Assent, see s. 170

[^c1942195]: S. 86 partly in force; S. 86 in force for specified purposes at Royal Assent, see s. 170

[^c1942198]: S. 87 partly in force; S. 87 in force for specified purposes at Royal Assent, see s. 170

[^c1942204]: S. 88 partly in force; S. 88 in force for specified purposes at Royal Assent, see s. 170

[^c1942199]: S. 89 partly in force; S. 89 in force for specified purposes at Royal Assent, see s. 170

[^c1942056]: S. 97 partly in force; s. 97 in force for specified purposes at Royal Assent, see s. 170

[^c1942211]: S. 119 partly in force; S. 119 in force for specified purposes at Royal Assent, see s. 170

[^c1942062]: S. 120 partly in force; s. 120 in force for specified purposes at Royal Assent, see s. 170

[^c1942064]: S. 121 partly in force; s. 121 in force for specified purposes at Royal Assent, see s. 170

[^c1942212]: S. 123 partly in force; S. 123 in force for specified purposes at Royal Assent, see s. 170

[^c1942070]: S. 124 partly in force; s. 124 in force for specified purposes at Royal Assent, see s. 170

[^c1942075]: S. 131 partly in force; s. 131 in force for specified purposes at Royal Assent, see s. 170

[^c1942076]: S. 132 partly in force; s. 132 in force for specified purposes at Royal Assent, see s. 170

[^c1942079]: S. 133 partly in force; s. 133 in force for specified purposes at Royal Assent, see s. 170

[^c1942083]: S. 134 partly in force; s. 134 in force for specified purposes at Royal Assent, see s. 170

[^c1942084]: S. 135 partly in force; s. 135 in force for specified purposes at Royal Assent, see s. 170

[^c1942085]: S. 136 partly in force; s. 136 in force for specified purposes at Royal Assent, see s. 170

[^c1942120]: S. 143 partly in force; s. 143 in force for specified purposes at Royal Assent, see s. 170

[^c1942121]: S. 144 partly in force; s. 144 in force for specified purposes at Royal Assent, see s. 170

[^c1942122]: S. 146 in force for specified purposes at Royal Assent, see s. 170

[^c1942125]: S. 150 partly in force; s. 150 in force for specified purposes at Royal Assent, see s. 170

[^c1942129]: S. 156 partly in force; s. 156 in force for specified purposes at Royal Assent, see s. 170

[^c1942131]: S. 157 partly in force; s. 157 in force for specified purposes at Royal Assent, see s. 170

[^c1942134]: Sch. 1 para. 3 partly in force; Sch. 1 para. 3 in force for specified purposes at Royal Assent, see s. 170

[^c1942137]: Sch. 1 para. 6 partly in force; Sch. 1 para. 6 in force for specified purposes at Royal Assent, see s. 170

[^c1942138]: Sch. 3 para. 9 partly in force; Sch. 3 para. 9 in force for specified purposes at Royal Assent, see s. 170

[^c1942140]: Sch. 3 para. 12 partly in force; Sch. 3 para. 12 in force for specified purposes at Royal Assent, see s. 170

[^c1942141]: Sch. 4 para. 5 partly in force; Sch. 4 para. 5 in force for specified purposes at Royal Assent, see s. 170

[^c1942142]: Sch. 4 para. 6 partly in force; Sch. 4 para. 6 in force for specified purposes at Royal Assent, see s. 170

[^c1942143]: Sch. 5 para. 2 partly in force; Sch. 5 para. 2 in force for specified purposes at Royal Assent, see s. 170

[^c1942144]: Sch. 5 para. 4 partly in force; Sch. 5 para. 4 in force for specified purposes at Royal Assent, see s. 170

[^c1942145]: Sch. 5 para. 25 partly in force; Sch. 5 para. 25 in force for specified purposes at Royal Assent, see s. 170

[^c1942286]: Sch. 10 para. 11 partly in force; Sch. 10 para. 11 in force for specified purposes at Royal Assent, see s. 170

[^c1942156]: Sch. 11 para. 16 partly in force; Sch. 11 para. 16 in force for specified purposes at Royal Assent, see s. 170

[^c1942157]: Sch. 11 para. 26 partly in force; Sch. 11 para. 26 in force for specified purposes at Royal Assent, see s. 170

[^key-628f0a659545cfa10ba20961126ef319]: S. 127 in force at 25.8.2008 for specified purposes by S.I. 2008/2214, art. 2(a)

[^key-81bb6886985c16c037f33ebfda821e01]: S. 1(1) in force at 1.10.2008 by S.I. 2008/2497, art. 2(a)

[^key-b7e762ee1b8e013e725dac4cd81a261c]: S. 1(3) in force at 1.10.2008 for specified purposes by S.I. 2008/2497, art. 2(b)

[^key-a3077103948ca57ca4a249dd045455d5]: S. 2(1) in force at 1.10.2008 by S.I. 2008/2497, art. 2(c)

[^key-43bd74998badd75744cfc13ba113ea48]: S. 3 in force at 1.10.2008 by S.I. 2008/2497, art. 2(d)

[^key-481da52c4658aff6ac458826bcd257e5]: S. 4 in force at 1.10.2008 by S.I. 2008/2497, art. 2(d)

[^key-78e929478e57d9b0a715f02d9a2a51d2]: S. 5 in force at 1.10.2008 by S.I. 2008/2497, art. 2(d)

[^key-50a0694cb0d0f03473bff2b8678e1a71]: S. 6 in force at 1.10.2008 by S.I. 2008/2497, art. 2(d)

[^key-fb2c213b2790bde867bda1681dad4894]: S. 7 in force at 1.10.2008 by S.I. 2008/2497, art. 2(d)

[^key-1fe08c0ce3c3c83ff5e895d094be2991]: S. 9 in force at 1.10.2008 by S.I. 2008/2497, art. 2(e)

[^key-b1ddf045f3d78a523d1e992b2cf0ca37]: S. 66 in force at 1.10.2008 for specified purposes by S.I. 2008/2497, art. 2(h)

[^key-93db5a31e0b5a7251aa5201c04e2046d]: S. 76 in force at 1.10.2008 by S.I. 2008/2497, art. 2(i)

[^key-a299a0adc6fcafb2c44ff9ed4de39fb6]: S. 77 in force at 1.10.2008 by S.I. 2008/2497, art. 2(i)

[^key-7b8bbf4963b02dd7f426bfce88f77be5]: S. 78 in force at 1.10.2008 by S.I. 2008/2497, art. 2(i)

[^key-6c4e93313caf057c119dac5aaa0a1eed]: S. 79 in force at 1.10.2008 by S.I. 2008/2497, art. 2(i)

[^key-54ea198c8632ce2dcfac43c4818d19ee]: S. 80 in force at 1.10.2008 by S.I. 2008/2497, art. 2(i)

[^key-05b8d2738543bddfbe8b2aad9ddc2bae]: S. 81 in force at 1.10.2008 in so far as not already in force by S.I. 2008/2497, art. 2(i)

[^key-32ac1883e03852d7ab2fd2f71371ffe0]: S. 82 in force at 1.10.2008 by S.I. 2008/2497, art. 2(i)

[^key-9604cf67ea48e99d6d9eca64d2472343]: S. 83 in force at 1.10.2008 by S.I. 2008/2497, art. 2(i)

[^key-9b47ef156f557ef404000e4bda3dcf79]: S. 85 in force at 1.10.2008 in so far as not already in force by S.I. 2008/2497, art. 2(j)

[^key-3803b38d2673dc1beac07bfc3eca6c25]: S. 88 in force at 1.10.2008 in so far as not already in force by S.I. 2008/2497, art. 2(k)

[^key-42b8d03205bfff56cc2d3d881d5cc3dc]: S. 95 in force at 1.10.2008 for specified purposes by S.I. 2008/2497, art. 2(l)

[^key-29164c0a63627e09f382751eed8fe6ff]: S. 97 in force at 1.10.2008 in so far as not already in force by S.I. 2008/2497, art. 2(m)

[^key-6d1aa6a69f4d406cee8a4c5e237c37b9]: Sch. 1 para. 1 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(i)

[^key-f2c15aabe8673d3a38a3287d08aeed92]: Sch. 1 para. 2 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(i)

[^key-343c93bdd7b2eb825b6a57abd692fa2d]: Sch. 1 para. 3 in force at 1.10.2008 in so far as not already in force by S.I. 2008/2497, art. 2(n)(i)

[^key-e8799ea72ac3ffbdbb82c2d202d30644]: Sch. 1 para. 4 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(i)

[^key-f204bfd1c584ad7e76ca762c9372af9a]: Sch. 1 para. 5 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(i)

[^key-7510b1fc1ce75ce2f9b6a29849b133c1]: Sch. 1 para. 6(3) Sch. 1 para. 6(6)-(8) in force at 1.10.2008 in so far as not already in force by S.I. 2008/2497, art. 2(n)(ii)

[^key-fa0a3c794d508d4a142269c4149a4f4c]: Sch. 1 para. 6(4) in force at 1.10.2008 for specified purposes by S.I. 2008/2497, art. 2(n)(iii)

[^key-35f8068e26aca16965aaa18ab2f8169e]: Sch. 1 para. 7(1)(2) in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(v)

[^key-325b2ec43ed56bc8fbbdcbbc50cc501a]: Sch. 1 para. 8 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(vi)

[^key-7abb919bd63ea870c016d83dee588619]: Sch. 1 para. 9 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(vi)