SCHEDULE 9 Minor and Consequential Amendments
Section 29.
Part I Miscellaneous Amendments
Public Health Act 1936 (c. 49)
1 So much of subsections (3) and (4) of section 143 of the Public Health Act 1936 (regulations for prevention and treatment of infectious disease etc.) as relates to the enforcement and execution of regulations under that section by officers and men employed in the coastguard shall cease to have effect.
Public Health (Scotland) Act 1945 (c. 15)
2 (1) In subsections (3) and (4) of section 1 of the Public Health (Scotland) Act 1945 (regulations for prevention and treatment of infectious diseases etc.) the words “and officers and men employed in the coastguard” shall be omitted wherever they occur.
(2) In the proviso to subsection (3) of that section, for the words “officer, or person” there shall be substituted the words “or officer”.
(3) In section (4) of that section after the word “Board” there shall be inserted the word “or”.
National Assistance Act 1948 (c. 29)
3 The following section shall be inserted after section 30 of the National Assistance Act 1948—
Research.
30A Without prejudice to any powers conferred on them by any other Act,—
(a) the Secretary of State may promote research into any matter relating to the functions of local authorities under this Part of this Act, and, in particular, may participate with or assist other persons in conducting such research; and
(b) a local authority may conduct or assist other persons in conducting research into any matter relating to the functions of local authorities under this Part of this Act.
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4 In section 41(2)(a) of the National Assistance Act 1948 (registration of charities for disabled persons) for the words “the Residential Homes Act 1980” there shall be substituted the words “Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.
Nurseries and Child-Minders Regulation Act 1948 (c. 53)
5 In subsection (3) of section 3 of the Nurseries and Child-Minders Regulation Act 1948 (by virtue of which a local social services authority are required to issue a copy of a certificate under that section which has been lost or destroyed on payment of a fee not exceeding 25p) for the words from “fee” to “authority”, in the third place where it occurs, there shall be substituted the words “reasonable fee as they”.
Mental Health Act 1959 (c. 72)
6 In section 128(1)(b) of the Mental Health Act 1959 (sexual intercourse with patients) for the words from “home” to the end of the subsection there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Work (Scotland) Act 1968 (c. 49)
8 In section 10 of the Social Work (Scotland) Act 1968 (financial assistance to voluntary organisations), in subsection (5)—
(a) the word “section” shall be substituted for the words “sections 64 and”; and
(b) after the word “1968” there shall be inserted the words “and section 16B of the National Health Service (Scotland) Act 1978”.
Local Authority Social Services Act 1970 (c. 7)
9 At the end of Schedule 1 to the Local Authority Social Services Act 1970 (which specifies the enactments conferring functions assigned to the social services committee of a local authority), there shall be inserted the following entry—
Registration of residential care homes.
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Tribunals and Inquiries Act 1971 (c. 62)
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11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 The following paragraph shall be substituted for paragraph 4 of Schedule 1 to that Act—
Registration of voluntary homes under Child Care Act 1980 and children’s homes under Children’s Homes Act 1982.
4 Registered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.
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13 The following paragraph shall be inserted after paragraph 21 of that Schedule—
Nursing Homes and Mental Nursing Homes Registration.
21A Registered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.
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14 The following paragraph shall be inserted after paragraph 28 of that Schedule—
Residential Care Homes Registration
28A Registered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.
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15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1972 (c. 70)
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guardianship Act 1973 (c. 29)
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
House of Commons Disqualification Act 1975 (c. 24)
18 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) there shall be inserted in the appropriate place in alphabetical order—
A member of a panel appointed under section 7 of the Tribunals and Inquiries Act 1971 of persons to act as Chairmen of Social Security Appeal Tribunals and Medical Appeal Tribunals.
The President of Social Security Appeal Tribunals and Medical Appeal Tribunals.
A regional or other fulltime Chairman of Social Security Appeal Tribunals and Medical Appeal Tribunals.
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Adoption Act 1976 (c. 36)
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Health Service Act 1977 (c. 49)
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Health Service (Scotland) Act 1978 (c. 29)
24 In section 105(7) of the National Health Service (Scotland) Act 1978 (orders, regulations and directions) for the words “or orders” there shall be substituted the words “, orders or directions”.
Employment Protection (Consolidation) Act 1978 (c. 44)
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Foster Children Act 1980 (c. 6)
26 In subsection (5) of section 2 of the Foster Children Act 1980 (exceptions to meaning of foster child for purposes of Act) for the words from “home” to end of the section there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.
Reserve Forces Act 1980 (c. 9)
27 The following paragraph shall be substituted for paragraph 2 of Schedule 2 to the Reserve Forces Act 1980 (army and air force pensioners and other former soldiers are not liable to be recalled for service)—
2 A person who is receiving treatment for mental disorder as an inpatient in any establishment in the United Kingdom and is under the supervision of a registered medical practitioner.
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Overseas Development and Cooperation Act 1980 (c. 63)
28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Meals and Recreation for Old People
1 A district council or Welsh county council or county borough council shall have power to make such arrangements as they may from time to time determine for providing meals and recreation for old people in their homes or elsewhere and may employ as their agent for the purpose of this paragraph any voluntary organisation whose activities consist in or include the provision of meals or recreation for old people.
2 A district council or Welsh county council or county borough council may assist any such organisation as is referred to in paragraph 1 above to provide meals or recreation for old people—
(a) by contributing to the funds of the organisation;
(b) by permitting them to use premises belonging to the council on such terms as may be agreed; and
(c) by making available furniture, vehicles or equipment (whether by way of gift or loan or otherwise) and the services of any staff who are employed by the council in connection with the premises or other things which they permit the organisation to use.
3 (1) District councils or Welsh county councils or county borough councils shall exercise their functions under this Part of this Schedule (including any discretion conferred on them under it) in accordance with the provisions of any regulations of the Secretary of State made for the purposes of this paragraph; and without prejudice to the generality of this paragraph, regulations under this paragraph—
(a) may provide for conferring on officers of the Secretary of State authorised under the regulations such powers of inspection as may be prescribed in relation to the exercise of functions under this Part of this Schedule by or by arrangement with or on behalf of district councils or Welsh county councils or county borough councils; and
(b) may make provision with respect to the qualifications of officers employed by district councils or Welsh county councils or county borough councils for the purposes of this Part of this Schedule or by voluntary organisations acting under arrangements with or on behalf of district councils or Welsh county councils or county borough councils for those purposes.
(2) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4 In this Part of this Schedule—
“functions” includes powers and duties; and
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
Propose a changeSCHEDULE 10 Repeals and Revocation
Section 30.
Part I Repeals
Chapter | Short title | Extent of repeal
26 Geo. 5 & 1 Edw. 8. c. 49. | Public Health Act 1936. | In section 143, in subsection (3), the words “and officers and men employed in the coastguard” and paragraph (ii) of the proviso, and in subsection (4), the words “and officers and men employed in the coastguard”.
11 & 12 Geo 6. c. 29. | National Assistance Act 1948. | Section 29(5).
4 & 5 Eliz. 2. c. 16. | Food and Drugs Act 1955. | Section 82.
In Schedule 10, in paragraph 1(b), the words “subsection (4) of section eightytwo.”
10 & 11 Eliz. 2. c. 33. | Health Visiting and Social Work (Training) Act 1962. | The whole Act.
1966 c. 42. | Local Government Act 1966. | In Part II of Schedule 3, paragraph 31.
1968 c. 46. | Health Services and Public Health Act 1968. | Section 45(2).
In section 48(2), in paragraph (a), the words “the Area Health Authority within whose area or” and in paragraph (b)(ii), the words “the Area Health Authority for the area”.
Section 64 so far as it relates to Scotland.
1968 c. 49. | Social Work (Scotland) Act 1968. | Section 14(2).
Section 31(2).
In section 59A(1), the words “in residential establishments”.
Section 59A(3).
In section 78(1)(b), the words “and is engaged in remunerative employment”.
1969 c. 54. | Children and Young Persons Act 1969. | In Schedule 4, paragraph 13.
1970 c. 42. | Local Authority Social Services Act 1970. | Section 11.
In section 15, in subsection (6), the words “except section 11” and in subsection (7), the words “section 11 and”.
1970 c. 46. | Radiological Protection Act 1970. | Section 4.
In section 6(1), the words “and 4(2)”.
Chapter | Short title | Extent of repeal
1970 c. 55. | Family Income Supplements Act 1970. | Section 1(1A).
Section 7.
Section 10(2)(h) and (3).
In section 17(1), the definition of “supplement officer”.
1971 c. 62. | Tribunals and Inquiries Act 1971. | In section 13(1), the words “4” and “18(a),”.
In Schedule 1, paragraph 30B.
1972 c. 70. | Local Government Act 1972. | Section 101(9)(e).
In Schedule 23, paragraph 12.
1973 c. 62 | Powers of Criminal Courts Act 1973. | In Schedule 5, paragraph 33.
1975 c. 14. | Social Security Act 1975. | In section 109(2), the proviso.
Section 111.
In section 117(4), the second paragraph.
In section 155(d)(iii), the words “medical board or”.
1975 c. 24. | House of Commons Disqualification Act 1975. | In Part III of Schedule 1, in the entry beginning “Chairman of an Appeal Tribunal”, the words “Schedule 4 to the Supplementary Benefits Act 1976 or” and in the entry beginning “Chairman of a Local Tribunal”, the words “section 97(2) of, and Schedule 10 to, the Social Security Act 1975 or under”.
1975 c. 37. | Nursing Homes Act 1975. | Section 6(a)(iii).
In section 19(3)(b)(ii), the words “of those sections”.
1975 c. 61. | Child Benefit Act 1975. | In section 24(1), the definitions of “insurance officer” and “local tribunal”.
1975 c. 72. | Children Act 1975. | In section 72, in section 59A(1), the words “in residential establishments” and section 59A(3).
Section 109(3).
1976 c. 36. | Adoption Act 1976. | Section 10,
Section 27(4) and (5).
Section 28(8) and (9).
In section 63, in subsections (1) and (3), the words “Subject to subsection (4),” and in subsection (2), the words “and (4)”.
In Schedule 3, paragraphs 29 and 30.
Chapter | Short title | Extent of repeal
1976 c. 71. | Supplementary Benefits Act 1976. | In section 12(4), the words from “and” onwards.
Section 14(2)(d).
Sections 15 and 15A.
Section 20(3).
Section 27(2).
Section 28.
In section 34(1), the definitions of “the Appeal Tribunal” and “benefit officer”.
Schedule 4.
In Schedule 7, paragraph 22.
1977 c. 5 | Social Security (Miscellaneous Provisions) Act 1977. | Section 22(15).
1977 c. 45. | Criminal Law Act 1977. | In Schedule 12, paragraph 1 of the entry relating to the Adoption Act 1976.
1977 c. 49. | National Health Service Act 1977. | In section 8(1A), in paragraph (b), the words “according as is provided in the order,” and the words “with or without the word “Teaching””, in paragraph (c), the words “according as is provided in the order,”, and the words “with or without the word “Teaching””, in both places where they occur and the words following paragraph (c).
Section 9.
In section 100(2), the words “in accordance with regulations made by the Secretary of State and approved by the Treasury, and shall be”.
In section 128(1), in the definition of “Area Health Authority” and “District Health Authority”, the words “the word “Teaching” or”.
In Schedule 5, in paragraph 2(1), the words “Subject to paragraph 4 below,”, paragraph 4, in paragraph 5, in subparagraph (1)(c), the words from “or, where” to the end and in subparagraph (2)(a), the words from “or another” to “ “Teaching””.
In Schedule 8, paragraphs 1(2), 2(5) and 3(2).
In Schedule 15, paragraph 35.
1978 c. 18. | Adoption (Scotland) Act 1978. | Section 10.
Section 27(4) and (5).
Section 28(8) and (9).
1978 c. 22. | Domestic Proceedings and Magistrates’ Courts Act 1978. | In section 10(4)(b), the words “and is engaged in remunerative fulltime work”.
1978 c. 44. | Employment Protection (Consolidation) Act 1978. | In Schedule 15, paragraph 14.
1979 c. 36. | Nurses, Midwives and Health Visitors Act 1979. | In section 21(1), the words from “and the Health” onwards.
Section 21(4).
In Schedule 7, paragraph 11.
1980 c. 5. | Child Care Act 1980. | In section 10(2), the words from “and may” to the end of the subsection.
In section 36(1), the words “for giving effect to the provision of the regional plan by which the home is designated as a controlled or assisted community home”.
In section 39(2) in paragraph (c), the words “or voluntary organisation”, and paragraph (e).
Section 43(3).
In section 44(5), the words “but which were designated as a community home in a regional plan approved by the Secretary of State”.
In section 45(1)(ii), the words from “and” to “work”.
Section 58.
Section 71.
Section 79(5)(h).
In section 87(1), the definitions of “planning area”, “regional plan” and “the relevant authorities”.
Schedule 1.
Schedule 3.
In Schedule 5, paragraphs 23(a) and 34(a).
1980 c. 7. | Residential Homes Act 1980. | The whole Act.
1980 c. 53. | Health Services Act 1980. | In section 1, in subsection (1)(a), the words “or Area Health Authorities (Teaching)”, in subsection (3),paragraph (b) and in paragraph (c) the words “with or without the word “Teaching””, subsection (4) and in subsection (5), the words “the word “Teaching” or.”.
Section 4.
In Schedule 1, paragraph 29, and in paragraph 78(6), the words from “and, for” to “the word “Teaching”” in both places where they occur.
1980 c. 63. | Overseas Development and Cooperation Act 1980 | In Schedule 1, in Part II, the words “for an area or district”.
1982 c. 20 | Children’s Homes Act 1982 | In section 3, in subsection (4) the words after “application” where it first occurs and subsections (6) and (8).
Section 6(4) and (5).
Section 7.
Section 15(2).
1982 c. 24. | Social Security and Housing Benefits Act 1982. | In section 26(1), the definitions of “insurance officer” and “local tribunal”.
In Schedule 2, paragraph 8(4).
1982 c. 48. | Criminal Justice Act 1982. | Section 25(1).
Part II Revocation
Reference | Title | Extent of revocation
S.I. 1981 No. 432. | European Communities (Medical, Dental and Nursing Professions) (Linguistic Knowledge) Order 1981. | Article 3(1)(b) and (3)(b).
Propose a change