Law

National Health Service Reform and Health Care Professions Act 2002

United Kingdom · statute

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In force since 2024-12-13, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 52 provisions

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52 provisions

37 Minor and consequential amendments and repeals

(1) The minor and consequential amendments specified in Schedule 8 are to have effect. (2) The enactments specified in Schedule 9 are repealed to the extent specified.

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38 Regulations and orders

(1) Any power under this Act to make any order or regulations is (except in the case of orders under section 22(5)) exercisable by statutory instrument or, in the case of an order made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (2) A statutory instrument containing any order or regulations made by the Secretary of State under this Act, other than regulations under 29(2A) or ... an order under section ... ... 42(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) A statutory instrument containing regulations under section 28 or 29(2A) ... or an order of the Privy Council under section 27, shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (3A) A statutory instrument containing regulations made by the Privy Council under section 25A shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3B) Regulations made by the Privy Council under section 25A that include provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the regulations being subject to annulment under subsection (3A)). (3C) Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) shall apply in relation to regulations of the description given in subsection (3B) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument. (3D) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing regulations of the description given in subsection (3B) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament. (3E) A statutory instrument containing regulations made by the Privy Council under section 27 is subject to annulment in pursuance of a resolution of either House of Parliament. (3F) A statutory instrument containing regulations made by the Privy Council under paragraph 6 of Schedule 7 is subject to annulment in pursuance of a resolution of either House of Parliament. (4) No order shall be made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 27 unless a draft of the order has been laid before, and approved by resolution of, the Northern Ireland Assembly. (4A) The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of Schedule 7 is two; and anything done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an instrument signed by the Clerk of the Council. (5) Any power under this Act to make any order or regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case, (b) so as to make, as respects the cases in relation to which it is exercised— (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise), (ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act, (iii) any such provision either unconditionally or subject to any specified condition. (6) Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes. (7) Any such power includes power— (a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the authority making the order or regulations considers to be expedient, and (b) to provide for a person to exercise a discretion in dealing with any matter. (8) Subsections (5) to (7) do not apply to orders under section 27. (9) Subject to subsection (8), nothing in this Act shall be read as affecting the generality of subsection (7). (10) Directions given in pursuance of any provision of this Act are, except where otherwise stated, to be given by instrument in writing. (11) Any power sconferred by this Act to give directions by instrument in writing includes power to vary or revoke them by subsequent directions.

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39 Supplementary and consequential provision etc

(1) The Secretary of State may by regulations make— (a) such supplementary, incidental or consequential provision, or (b) such transitory, transitional or saving provision, as he considers necessary or expedient for the purposes of, or in consequence of or for giving full effect to any provision of this Act. (2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document, including an enactment contained in an Act passed in the same session as this Act. (3) The power to make regulations under this section is also exercisable by the National Assembly for Wales, in relation to provision dealing with matters with respect to which functions are exercisable by the Assembly. (4) Nothing in this Act shall be read as affecting the generality of subsection (1).

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40 Wales

(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act is (as from the time when the Act is so amended) to be treated as referring to the Act as so amended. (2) Subsection (1) does not affect the power to make further Orders varying or omitting any such reference.

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41 Financial provisions

There shall be paid out of money provided by Parliament— (a) any expenditure incurred by the Secretary of State in consequence of this Act, and (b) any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.

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42 Short title, interpretation, commencement and extent

(1) This Act may be cited as the National Health Service Reform and Health Care Professions Act 2002. (2) In this Act— ... “the 1999 Act” means the Health Act 1999 (c. 8), ... (3) This Act, apart from— (a) this section and sections 38 to 41, and (b) any other provision of this Act so far as it confers any power to make an order or regulations under this Act, shall come into force on such day as the appropriate authority may by order appoint, and different days may be appointed for different provisions and for different purposes. (4) In subsection (3), the “appropriate authority” is— (a) in relation to sections 1 to 5, 7, 8, 15 to 22, Part 2, and section 36, the Secretary of State, (b) in relation to sections 11 to 14, the Secretary of State after consulting the National Assembly for Wales, (c) in relation to sections 6, 9 and 24, the National Assembly for Wales, (d) in relation to sections 10 and 23— (i) the Secretary of State, in relation to England, and (ii) the National Assembly for Wales, in relation to Wales, (e) in relation to section 37— (i) the Secretary of State, as respects any amendment or repeal consequential on provisions falling within paragraph (a), (ii) the Secretary of State, after consulting the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (b), (iii) the National Assembly for Wales, as respects any amendment or repeal consequential on provisions falling within paragraph (c), (iv) otherwise, the Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales. (5) Subject to subsection (6), this Act extends to the whole of the United Kingdom, except for Part 1, which extends to England and Wales only. (6) The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed. (7) Subsection (6) does not apply to the amendment of the Police Act 1997 (c. 50) made by paragraph 64 of Schedule 2, which extends to England and Wales only. (8) The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.

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

Section 4(3) Part 1 Amendments of the National Health Service (Primary Care) Act 1997 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Amendments of other Acts The 1977 Act 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) 13 In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), in paragraph (a), after “by a” there is inserted “ Strategic Health Authority, ”. The 1999 Act 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Health and Social Care Act 2001 (c. 15) 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 5 Amendments relating to Local Health Boards

Section 6(2) The Public Bodies (Admission to Meetings) Act 1960 (c. 67) 1 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph 1(gg) there is inserted— (gh) Local Health Boards; . The Health Services and Public Health Act 1968 (c. 46) 2 (1) Section 63 of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc) is amended as follows. (2) In subsection (1)(a), for “or Primary Care Trust” there is substituted “ , Primary Care Trust or Local Health Board ”. (3) In subsection (5A), for “or Primary Care Trust”, in both places, there is substituted “ , Primary Care Trust or Local Health Board ”. (4) In subsection (5B), the “and” at the end of paragraph (bb) is omitted, and after that paragraph there is inserted— (bbb) Local Health Boards; and . The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) 3 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)— (a) for “1978 and” there is substituted “ 1978, ”, and (b) after “1977” there is inserted “ and a Local Health Board established under section 16BA of that Act ”. 21 In section 98 (accounts and audit), in subsection (1), after paragraph (bb) there is inserted— (bbb) every Local Health Board; . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Acquisition of Land Act 1981 (c. 67) 25 In section 16 of the Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase), in subsection (3), the “and” at the end of paragraph (b) is omitted, and at the end of paragraph (c) there is inserted and (d) a Local Health Board established under section 16BA of that Act; . The Hospital Complaints Procedure Act 1985 (c. 42) 26 In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1B), after “Trust”, where it first occurs, there is inserted “ and Local Health Board ”, and in the second place where it occurs there is inserted “ or Local Health Board ”. The Income and Corporation Taxes Act 1988 (c. 1) 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Housing Act 1988 (c. 50) 28 In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), in the second paragraph of Ground 16, after “1990,” there is inserted “ or by a Local Health Board, ”. The Road Traffic Act 1988 (c. 52) 29 In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)(da), after “1977” there is inserted “ , by a Local Health Board established under section 16BA of that Act ”. The National Health Service and Community Care Act 1990 (c. 19) 30 The National Health Service and Community Care Act 1990 is amended as follows. 34 In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after “Health Authority” there is inserted “ , Local Health Board ”. 35 In section 61 (health service bodies: taxation), in subsection (3), after “Primary Care Trust” there is inserted “ or Local Health Board ”. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Welsh Language Act 1993 (c. 38) 37 In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in subsection (1), after paragraph (f) there is inserted— (ff) a Local Health Board established under section 16BA of the National Health Service Act 1977; . The Health Service Commissioners Act 1993 (c. 46) 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Vehicle Excise and Registration Act 1994 (c. 22) 39 In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles), in paragraph 7, at the end of sub-paragraph (d) there is inserted or (e) a Local Health Board established under section 16BA of that Act. The Value Added Tax Act 1994 (c. 23) 40 In section 41 of the Value Added Tax Act 1994 (application to Crown), in subsection (7), after “Primary Care Trust” there is inserted “ and a Local Health Board ”. The Data Protection Act 1998 (c. 29) 41 In section 69 of the Data Protection Act 1998 (meaning of “health professional”), in subsection (3), after paragraph (bb) there is inserted— (bbb) a Local Health Board established under section 16BA of that Act, . The Government of Wales Act 1998 (c. 38) 42 (1) The Government of Wales Act 1998 is amended as provided in this paragraph. (2) In Schedule 5 (bodies and offices covered by section 74), after paragraph 25 there is inserted— 25A A Local Health Board. (3) In Schedule 17 (audit etc of Welsh public bodies), after paragraph 12 there is inserted— 12A A Local Health Board. The 1999 Act 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Care Standards Act 2000 (c. 14) 46 In section 121 of the Care Standards Act 2000 (general interpretation), in subsection (1), in the definition of “National Health Service body”, for “or a Primary Care Trust” there is substituted “ , a Primary Care Trust or a Local Health Board ”. The Learning and Skills Act 2000 (c. 21) 47 In section 138 of the Learning and Skills Act 2000 (Wales: provision of information by public bodies), in subsection (3), after paragraph (b) there is inserted— (ba) a Local Health Board, . The Freedom of Information Act 2000 (c. 36) 48 In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 39 there is inserted— 39A A Local Health Board established under section 16BA of the National Health Service Act 1977.

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SCHEDULE 6 The Commission for Patient and Public Involvement in Health

Section 20(11) Miscellaneous amendments 16 In the First Schedule to the Public Records Act 1958 (c. 51) (definition of public records), the following entry is inserted at the appropriate place in Part 2 of the Table at the end of paragraph 3— Commission for Patient and Public Involvement in Health.

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SCHEDULE 7 The Professional Standards Authority for Health and Social Care

Section 25(4) Status 1 The Authority is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Authority's property is not to be regarded as property of, or property held on behalf of, the Crown. 2 For the purposes of— (a) section 23(2)(b) of the Scotland Act 1998 (c. 46) (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and (b) section 70(6) of that Act (accounts prepared by cross-border bodies), the Authority is to be treated as a cross-border public authority within the meaning of that Act. Powers 3 The power in section 26(1) includes the power to— (a) acquire and dispose of land and other property, and (b) enter into contracts. Membership and chairman 4 The Authority is to consist of— (a) a chair appointed by the Privy Council, (b) one non-executive member appointed by the Scottish Ministers, (c) one non-executive member appointed by the Welsh Ministers, (d) one non-executive member appointed by the Department of Health, Social Services and Public Safety in Northern Ireland, (e) three non-executive members appointed by the Privy Council, and (f) one executive member appointed in accordance with paragraph 11. Appointment, procedure etc 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 The Privy Council may by regulations provide for— (a) the conditions to be fulfilled for appointment as chair or other member of the Authority, (b) the tenure of office of the chair and non-executive members of the Authority (including the circumstances in which they cease to hold office or may be removed or suspended from office), (ba) the appointment of a member as deputy chair and the circumstances in which that member ceases to hold, or may be removed from, office as deputy chair, and (c) the appointment of, constitution of and exercise of functions by committees and sub-committees of the Authority (including committees and sub-committees which consist of or include persons who are not members of the Authority). 7 The Authority may regulate its own procedure. 8 The validity of any proceedings of the Authority is not affected by a vacancy amongst its members or by a defect in the appointment of a member. Members’ interests 9 (1) The Authority must establish and maintain a system for the declaration and registration of private interests of its members. (2) The Authority must publish entries recorded in the register of members’ interests. Remuneration and allowances 10 (1) The Authority may pay to its chair, and to any other member of the Authority, such remuneration and allowances as the Authority may determine. (2) The Authority may pay to any member of a committee or sub-committee of the Authority such allowances as the Authority may determine. (3) The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in respect of a person who is or has been the chair or any other member of the Authority. (4) The Authority may, where it considers there are special circumstances that make it right for a person ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may determine. Employees 11 (1) The Authority may appoint the executive member referred to in paragraph 4(f) on such terms and conditions as the Authority may determine. (2) The executive member must be an employee of the Authority . (3) Any decision of the Authority under sub-paragraph (1) must be taken by the members appointed under paragraph 4(a) to (e). (4) The Authority may appoint such other employees as it considers appropriate on such terms and conditions as it may determine. Delegation of functions 12 (1) The Authority may arrange for the discharge of any of its functions by— (a) a committee, sub-committee, member or employee of the Authority, or (b) any other person. (2) If the Authority does arrange for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons. Assistance 13 (1) The Authority may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case. (2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons. Payments and loans to Authority 14 (1) The Secretary of State may make payments out of money provided by Parliament to the Authority of such amounts, at such times and on such conditions (if any) as he considers appropriate. (2) An appropriate authority may make payments to the Authority of such amounts, at such times and on such conditions (if any) as it considers appropriate. (2A) The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph. (3) The Secretary of State may make loans out of money provided by Parliament to the Authority on such terms (including terms as to repayment and interest) as he may determine. (4) An appropriate authority may make loans to the Authority on such terms (including terms as to repayment and interest) as it may determine. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The Secretary of State may give directions to the Authority as to the application of any sums received by it under sub-paragraph (1) or (3). (8) An appropriate authority may give directions to the Authority as to the application of any sums received by it from the authority under sub-paragraph (2) or (4). (9) The Authority must comply with any directions under sub-paragraph (7) or (8). (10) In this paragraph, “appropriate authority” means the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland. Accounts 15 (1) The Authority must keep accounts in such form as the Privy Council may determine. (2) The Authority must prepare annual accounts in respect of each financial year in such form as the Privy Council may determine. (3) The Authority must send copies of the annual accounts to ... the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Privy Council may determine. (4) Within that period the Authority must also send copies of the annual accounts to— (a) the Scottish Ministers, (b) the National Assembly for Wales, and (c) the Department of Health, Social Services and Public Safety in Northern Ireland. (5) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament. (6) A copy of the accounts shall be laid before— (a) the Scottish Parliament by the Scottish Ministers, (b) the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety there, and the National Assembly for Wales shall publish the accounts. (7) In this paragraph and paragraph 16, “financial year” means— (a) the period beginning with the date on which the Authority is established and ending with the next 31st March following that date, and (b) each successive period of 12 months ending with 31st March. Reports and other information 16 (1) The Authority must prepare a report on the exercise of its functions during each financial year. (1A) The report must state— (a) how the Authority, in exercising its functions, has promoted the health, safety and well-being of users of health care, users of social care in England, users of social work services in England and other members of the public, and (b) how far, in the opinion of the Authority, each regulatory body has complied with any duty imposed on it to promote the health, safety and well-being of such persons. (1B) The Authority must, by such date in each year as the Privy Council determines, publish— (a) a strategic plan for the Authority for the coming financial year, and (b) a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine. (2) As soon as possible after the end of each financial year, the Authority must lay a copy of its report for that year , and a copy of each of its strategic plans published in that year, before Parliament, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly. (3) The Authority must comply with any request by Parliament to prepare, and lay before it, other reports or to provide Parliament with other information. (4) The Authority must also comply with any corresponding request by— (a) the Scottish Parliament, in relation to matters which concern a subject for which any member of the Scottish Executive has general responsibility, (b) the Northern Ireland Assembly, in relation to transferred matters concerning Northern Ireland (“transferred matters” having the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47)). Application of seal and evidence 17 The application of the seal of the Authority must be authenticated by the signature of— (a) any member of the Authority, or (b) any other person who has been authorised by the Authority (whether generally or specially) for that purpose. 18 A document purporting to be duly executed under the seal of the Authority or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed. Meetings of the Authority in Northern Ireland 19 (1) Sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 (c.9) (which provides for public access to meetings of a district council and for the publication of information concerning such meetings) shall, with the modifications set out below, apply in relation to meetings of the Authority in Northern Ireland as they apply in relation to meetings of a district council. (2) The modifications are— (a) any reference to a district council shall be read as a reference to the Authority, and (b) any reference to councillors or members of the council shall be read as references to members of the Authority.

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SCHEDULE 8 Minor and consequential amendments

Section 37(1) 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Medical Act 1983 (c. 54) 13 The Medical Act 1983 is amended as follows. 14 In section 40 (appeals), in subsection (11), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”. 15 In Schedule 6 (transitional and saving provisions), in paragraph 18, “section 40(4) of this Act or” is omitted. The Dentists Act 1984 (c. 24) 16 In section 29 of the Dentists Act 1984 (appeals), in subsection (4), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”. The Opticians Act 1989 (c. 44) 17 In section 23 of the Opticians Act 1989 (appeals in disciplinary and other cases), in subsection (2), for “enabling directions to be given as to the costs of” there is substituted “ any order as to costs (or, in Scotland, expenses) in relation to ”. The National Health Service and Community Care Act 1990 (c. 19) 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Local Government (Wales) Act 1994 (c. 19) 19 In Schedule 10 to the Local Government (Wales) Act 1994 (amendments relating to social services), paragraph 11(4) is omitted. The Health Authorities Act 1995 (c. 17) 20 The Health Authorities Act 1995 is amended as follows. 21 Section 1 (which substituted section 8 of the 1977 Act) is omitted. 22 In Schedule 1 (amendments), paragraphs 32(b), 53 and 107(12)(b) are omitted. The 1999 Act 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 9 Repeals

Section 37(2) Part 1 National Health Service Short title and chapter | Extent of repeal Health Services and Public Health Act 1968 (c. 46) | In section 63(5B), the “and” at the end of paragraph (bb). National Health Service Act 1977 (c. 49) | In section 17B(1), the words from “which” to the end. Section 18(1A)(b). In section 22(1A), the “or” at the end of paragraph (c). In section 28A(1), the “and” at the end of paragraph (a). In section 29B(3), the “or” at the end of paragraph (b). In section 33(1A)(b), “for areas in Wales”. In section 44(2), “with the approval of the Health Authority”. In section 51(3), the “and” at the end of paragraph (bb). Section 97(6)(bb) and (c) and (8). In section 103(3)(a), “or a Primary Care Trust”. In section 125, the “and” at the end of paragraph (bb). In section 126(4A), the “or” at the end of paragraph (b). In Schedule 12A, in paragraph 4(2) the “or” at the end of paragraph (a); in paragraph 5(1) the “and” at the end of paragraph (a); in paragraph 5(2) the “or” at the end of paragraph (a); and in paragraph 7(3) “or Primary Care Trust”. Acquisition of Land Act 1981 (c. 67) | In section 16(3), the “and” at the end of paragraph (b). Health Service Commissioners Act 1993 (c. 46) | In section 2, in subsection (1)(da), “established for areas in England”; and in subsection (2)(a), “whose areas are in Wales”. Government of Wales Act 1998 (c. 38) | In Schedule 5, in paragraph 20, “for an area in, or consisting of, Wales”. In Schedule 17, in paragraph 12, “for an area in, or consisting of, Wales”. Health Act 1999 (c. 8) | In section 6(2), in the inserted section 28EE of the 1977 Act, subsection (1). In section 20(1), the “and” at the end of paragraph (d). In section 23(6), the definition of “NHS premises”. In Schedule 2, in paragraph 7(2), the words after “Commission”; and paragraph 7(6) and (7). Health and Social Care Act 2001 (c. 15) | In section 28(7), “or a Primary Care Trust”. In Schedule 3, in the new Schedule 8A inserted by that Schedule, in paragraph 1(8), “or a Primary Care Trust”. National Health Service Reform and Health Care Professions Act 2002 (c. 17) | In Schedule 2, in paragraph 2, sub-paragraphs (3) to (5); and paragraph 55. Part 2 Health care professions Short title and chapter | Extent of repeal Medical Act 1983 (c. 54) | Section 40(1)(c), (4) to (6), (9) and (10). In Schedule 4, in paragraph 3(b) “to Her Majesty in Council”; paragraph 10(2); in paragraph 10(3) “or (2)”, and “or that sub-paragraph as applied by sub-paragraph (2) above”. In Schedule 6, in paragraph 18, “section 40(4) of this Act or”. Dentists Act 1984 (c. 24) | Section 29(2). In section 51, the words from “(other” to “appeals)”. Osteopaths Act 1993 (c. 21) | Section 10 (10). Section 31(3) to (5) and (7). Section 35(3). Chiropractors Act 1994 (c. 17) | Section 10(10). Section 31(3) to (5) and (7). Section 35(3). Part 3 Miscellaneous Short title and chapter | Extent of repeal National Health Service Act 1977 (c. 49) | In section 97D(1)(b), “, apart from subsection (5A)”. National Health Service and Community Care Act 1990 (c. 19) | In section 12(4), the words after paragraph (b). Local Government (Wales) Act 1994 (c. 19) | In Schedule 10, paragraph 11(4). Health Authorities Act 1995 (c. 17) | Section 1. In Schedule 1, paragraphs 32(b), 53 and 107(12)(b). National Health Service (Primary Care) Act 1997 (c. 46) | In Schedule 2, paragraphs 71(3), 73 and 75. Government of Wales Act 1998 (c. 38) | Section 148. Health Act 1999 (c. 8) | In Schedule 4, paragraphs 5, 31(2) and 35. Health and Social Care Act 2001 (c. 15) | Section 1(4) and (5). Section 3(3) and (4). Section 43(5). In Schedule 5, paragraph 5(12)(b).

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