Office of Public Sector Information
SCHEDULE 9 continued
“or
by an NHS trust in respect of the replacement or repair of any appliance or vehicle supplied by them,”.
(13) In section 75A of that Act (remission and repayment of charges and payment of travelling expenses)—
(a) in subsection (1), at the end there shall be inserted—
“and
for the payment by the Secretary of State to NHS trusts of such sums as will reimburse them for any sums paid by them as travelling expenses in such cases as may be prescribed”; and
(b) in subsection (2), for the words “or (c)” there shall be substituted the words “, (c) or (d)”.
(14) In section 77 of that Act (default powers), after paragraph (a) of subsection (1) there shall be inserted—
“(aa) an NHS trust”.
(15) In section 79 of that Act (purchase of land and moveable property)—
(a) in subsection (1), after the word “Act” where it first appears there shall be inserted the words “and may take any such property or land on lease,”; and
(b) in subsection (2), after the word “(1),” there shall be inserted the words “other than on lease”.
(16) In section 84 of that Act (power of trustees to make payments to Health Boards)—
(a) in subsection (1), after the words “Health Board” where they—
(i) second occur, there shall be inserted the words “or an NHS trust”; and
(ii) third occur, there shall be inserted the words “or NHS trust”;
(b) in subsection (2)—
(i) after the words “Health Board” there shall be inserted the words “or NHS trust”; and
(ii) after the word “Boards” there shall be inserted the words “or NHS trusts”. and
(c) in subsection (3), after the words “Health Board” there shall be inserted the words “or an NHS trust”.
(17) In section 84A of that Act (power to raise money by appeals etc)—
(a) in subsection (1), after the word “Board” there shall be inserted “or NHS trust”; and
(b) in subsections (3) to (7), after the word “Board” in each place where it occurs there shall be inserted “, NHS trust”.
(18) In section 93(1) of that Act (bodies subject to investigation by Health Service Commissioner for Scotland), after paragraph (b) there shall be inserted—
“(bb) NHS trusts”.
(19) In section 101 of that Act (protection of health bodies and their officers), after the word “Board” there shall be inserted “, an NHS trust”.
(20) In section 102(1) of that Act (management of state hospitals), for the word “90(2)” there shall be substituted “91(2)”.
(21) In section 105 of that Act (orders, regulations and directions)—
(a) after subsection (1) there shall be inserted the following subsection—
“(1A) Subsection (1) does not apply to orders made under section 12D(1) or paragraph 26(1) of Schedule 7A.”;
(b) in subsection (4), after the words “10(3) to (5)” there shall be inserted the words “12A(1), 12A(8), 12E(1), 12G(2),”; and
(c) at the end of the said subsection (4) there shall be inserted the words “paragraph 25(1) of Schedule 7A and paragraph 3 of Schedule 7B”.
(22) In section 108(1) of that Act (interpretation)—
(a) in the definition of “Health Board”, for the word “board” there shall be substituted the words “Health Board”;
(b) at the end of the definition of “health service hospital” there shall be added “or vested in an NHS trust”;
(c) after the definition of “modifications” there shall be inserted—
““National Health Service trust” has the meaning indicated by section 12A and “NHS trust” shall be construed accordingly”; and
““NHS contract” has the meaning indicated by section 17A(3)”;
(d) after the definition of “officer” there shall be inserted—
““operational date”, in relation to an NHS trust, shall be construed in accordance with paragraph 3(1)(e) of Schedule 7A;”; and
(e) after the definition of “the Research Trust” there shall be inserted—
““Special Health Board” means a Special Health Board constituted under section 2;”.
(23) In section 110 of that Act (citation, extent and commencement)—
(a) in subsection (2), for the words “subsection (3)” there shall be substituted “subsections (2A) and (3)”; and
(b) after subsection (2) there shall be inserted—
“(2A) Section 87B(3) extends also to England and Wales.”
(24) In Schedule 6 to that Act (the Hospital Trust)—
(a) in paragraph 4(c), after the words “Health Boards” there shall be inserted the words “and NHS trusts”;
(b) after paragraph 4(e) there shall be inserted—
“(ea) power to accept from any NHS trust for investment and management on behalf of the trust any property held on behalf of the trust by trustees appointed by virtue of section 12G(2), and any endowments or accumulated income otherwise held by the trust;”;
(c) in paragraph 4(f)—
(i) after the words “paragraph (e)” there shall be inserted the words “or, as the case may be, paragraph (ea)”; and
(ii) after the words “Health Board” there shall be inserted the words “or, as the case may be, by an NHS Trust”;
(d) in paragraph 6(2), after the words “Health Boards” there shall be inserted the words “or NHS trusts”;
(e) in paragraph 7(1), after the words “Health Boards” there shall be inserted the words “, NHS trusts”;
(f) in paragraph 7(2), after the words “Health Boards” there shall be inserted the words “, NHS trusts”; and
(g) in paragraph 7(3), at the end there shall be inserted—
“(c) in so far as it is distributed among NHS trusts, being used by that trust for any purpose for which the trust was established.”
20 In the [1978 c. 44.] Employment Protection (Consolidation) Act 1978, in section 29 (time off for public duties) in subsection (1)(d) after the words “member of” there shall be inserted “a National Health Service trust or”.
21 In the [1980 c. 63.] Overseas Development and Co-operation Act 1980, in Schedule 1 (statutory bodies with powers under section 2(1))—
(a) in Part II, in the heading, after the words “NATIONAL HEALTH SERVICE ACT 1977” there shall be inserted “AND THE NATIONAL HEALTH SERVICE AND COMMUNITY CARE ACT 1990”;
(b) at the end of that Part there shall be inserted “National Health Service trusts”; and
(c) at the end of Part IV (bodies constituted under the National Health Service (Scotland) Act 1978), there shall be inserted “National Health Service trusts”.
22 In the [1981 c. 60.] Education Act 1981, in section 10 (duty of health authority to notify parents)—
(a) in subsection (1), after the words “Health Authority” there shall be inserted “or a National Health Service trust”; and
(b) after the words “the Authority”, in each place where they appear, there shall be inserted “or trust”.
23 In the [1981 c. 67.] Acquisition of Land Act 1981, in section 17 (local authority and statutory undertakers' land), in subsection (4), in the definition of “statutory undertakers” after paragraph (a) there shall be inserted—
“(aa) a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990, and”.
24 (1) In section 12 of the [1983 c. 20.] Mental Health Act 1983 (general provisions as to medical recommendations), in subsection (3) after the words “National Health Service Act 1977” there shall be inserted “or paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990”.
(2) In section 19 of that Act (regulations as to transfer of patients), in subsection (3)—
(a) after the words “such a hospital” there shall be inserted “or in a hospital vested in a National Health Service trust”, and
(b) for the words from “for which the managers” to “also the managers”, there shall be substituted “which is managed by the managers of, or is vested in the National Health Service trust for, the first-mentioned hospital”.
(3) In section 23 of that Act (discharge of patients)—
(a) in subsection (3) after the words “a contract with a” there shall be inserted “National Health Service trust”, and after the words “by that” there shall be inserted “trust or”, and
(b) in subsection (4), after the word “exercised” there shall be inserted “subject to subsection (5) below” and after the word “authority”, in each place in which it occurs, there shall be inserted “trust”, and
(c) after subsection (4) there shall be inserted the following subsection—
“(5) The reference in subsection (4) above to the members of an authority, trust or body or the members of a committee or sub-committee of an authority, trust or body,—
(a) in the case of a District or Special Health Authority or a committee or sub-committee of such an authority, is a reference only to the chairman of the authority and such members (of the authority, committee or sub-committee, as the case may be) as are not also officers of the authority, within the meaning of the National Health Service Act 1977; and
(b) in the case of a National Health Service trust or a committee or sub-committee of such a trust, is a reference only to the chairman of the trust and such directors or (in the case of a committee or sub-committee) members as are not also employees of the trust.”
(4) In section 24 of that Act (visiting and examination of patients), in subsection (3) after the words “District Health Authority” there shall be inserted “National Health Service trust”; and in paragraph (a) of that subsection after the word “authority” there shall be inserted “or trust”.
(5) In section 32 of that Act (regulations for purposes of Part II), in subsection (3) after the words “District Health Authorities” there shall be inserted “National Health Service trusts” and for the words “and authorities” there shall be inserted “authorities and trusts”.
(6) In section 117 of that Act (after-care) in subsection (3) for the words “the District Health Authority for the district” there shall be substituted “such District Health Authority as may be determined in accordance with regulations made by the Secretary of State”.
(7) In section 139 of that Act (protection for acts done in pursuance of the Act), at the end of subsection (4) there shall be inserted “or against a National Health Service trust established under the National Health Service and Community Care Act 1990”.
(8) In section 140 of that Act (notification of hospitals having arrangements for reception of urgent cases) after the words “administered by” there shall be inserted “or otherwise available to”.
(9) In section 145(1) of that Act (definitions) in the definition of “the managers”, after paragraph (b) there shall be inserted the following paragraph—
“(bb) in relation to a hospital vested in a National Health Service trust, the directors of the trust”.
25 (1) In section 17 of the [1983 c. 41.] Health and Social Services and Social Security Adjudications Act 1983 (charges for local authority services in England and Wales) after paragraph (e) of subsection (2) (services to which that section applies) there shall be inserted “other than the provision of services for which payment may be required under section 22 or 26 of the National Assistance Act 1948”.
(2) In subsection (8) of section 21 of that Act (recovery of sums due to local authority where persons in residential accommodation have disposed of assets), at the end there shall be inserted the words “or section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,”.
26 (1) In section 13 of the [1984 c. 22.] Public Health (Control of Disease) Act 1984 (regulations for control of certain diseases), in subsection (4), in paragraph (a) after the words “District Health Authorities” there shall be inserted “National Health Service trusts”.
(2) In section 37 of that Act (removal to hospital of person with notifiable disease), in subsection (1)—
(a) in paragraph (c) after the words “Secretary of State” there shall be inserted “or, pursuant to arrangements made by a District Health Authority (whether under an NHS contract or otherwise), in a suitable hospital vested in a NHS trust or other person”; and
(b) in the words following paragraph (c) for the words from “responsible” to “the hospital” there shall be substituted “in whose district lies the area, or the greater part of the area, of the local authority”.
(3) In section 41 of that Act (removal to hospital of inmate of common lodging-house with notifiable disease), in subsection (1)—
(a) in paragraph (c) after the words “Secretary of State” there shall be inserted “or, pursuant to arrangements made by a District Health Authority (whether under an NHS contract or otherwise) in a suitable hospital vested in an NHS trust or any other person”; and
(b) in the words following paragraph (c) for the words from “responsible” to “of the hospital” there shall be substituted “in whose district lies the area, or the greater part of the area, of the local authority”.
(4) In section 7A of that Act (definitions) after the definition of “London port health authority” there shall be inserted—
““NHS trust” and “NHS contract” have the same meaning as in Part I of the National Health Service and Community Care Act 1990 or, as the case may require, the National Health Service (Scotland) Act 1978”.
27 In section 21 of the [1984 c. 23.] Registered Homes Act 1984 (meaning of “nursing home”) in subsection (3)(a) (premises excluded from the definition) for the words “hospital or” there shall be substituted “health service hospital, within the meaning of the National Health Service Act 1977, or any”.
28 (1) In subsection (2)(e) of section 3 (functions and duties of the Mental Welfare Commission) of the [1984 c. 36.] Mental Health (Scotland) Act 1984 after the words “Health Board”—
(a) where they first occur, there shall be inserted the words “, a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978”; and
(b) where they second occur, there shall be inserted the words “, the National Health Service trust”.
(2) In subsection (2)(a) of section 12 (registration of private hospitals) of that Act, after the words “Secretary of State” there shall be inserted the words “or managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978.”
(3) In section 20(1)(c) (medical recommendations: hospital) of that Act—
(a) for the words “or 58 of” there shall be substituted the words “of, or paragraph 14 of Schedule 7A to,”; and
(b) for the word “relates” there shall be substituted the word “relate”.
(4) In subsection (1) of section 125 (interpretation) of that Act—
(a) in the definition of “hospital”, after paragraph (a) there shall be inserted—
“(aa) any hospital managed by a National Health Service trust established under section 12A of the said Act of 1978;”;
(b) in the definition of “managers of a hospital”, after paragraph (a) there shall be inserted—
“(aa) in relation to a hospital managed by a National Health Service trust established under section 12A (National Health Service trusts) of the said Act of 1978, the directors of the trust;”.
29 After section 1 of the [1985 c. 42.] Hospital Complaints Procedure Act 1985 there shall be inserted—
It shall also be the duty of the Secretary of State to give directions under paragraph 6(2)(e) of Schedule 2 to the National Health Service and Community Care Act 1990 and paragraph 6(2)(e) of Schedule 7A to the National Health Service (Scotland) Act 1978, to any NHS trust which is responsible for the management of a hospital, to comply with directions under section 1 above.”
30 (1) In section 2 of the [1986 c. 33.] Disabled Persons (Services, Consultation and Representation) Act 1986 (rights of authorised representatives of disabled persons), in subsection (5) (by virtue of which a disabled person’s authorised representative may visit and interview him in various categories of accommodation)—
(a) in paragraph (a) (hospital accommodation) after the words “the 1977 Act” there shall be inserted “or by a National Health Service trust established under the provisions of the National Health Service and Community Care Act 1990” and after the words “the 1978 Act” there shall be inserted “or by a National Health Service trust established under that Act”;
(b) in paragraph (c) (accommodation provided by a voluntary organisation in accordance with arrangements made under section 26 of the National Assistance Act 1948) after the word “organisation”, in the first place where it occurs, there shall be inserted the words “or other person”; and
(c) in paragraph (cc) (which is inserted by paragraph 59(4) of Schedule 13 to the [1989 c. 41.] Children Act 1989) after the word “organisation” there shall be inserted the words “or other person”.
(2) In section 7 of that Act (persons discharged from hospital), in subsection (9), in the definition of “managers” the word “and” at the end of paragraph (c) shall be omitted and after that paragraph there shall be inserted—
“(cc) in relation to a hospital vested in a National Health Service trust means the directors of that trust; and”.
31 In section 7 of the [1986 c. 61.] Education (No. 2) Act 1986 (appointment of representative governors) in subsection (2), for the words following “provide” there shall be substituted—
“(a) in the case of a hospital vested in the Secretary of State, for one governor to be appointed by the District Health Authority; and
(b) in the case of a hospital vested in a National Health Service trust, for one governor to be appointed by that trust.”
32 (1) Section 1 of the [1987 c. 33.] AIDS (Control) Act 1987 (periodical reports on matters relating to AIDS and HIV) shall be amended as follows—
(a) in subsection (1), in paragraph (b) the word “and” at the end of sub-paragraph (ii) shall be deleted and at the end of sub-paragraph (iii) there shall be inserted—
“and
(iv) each NHS trust”;
(b) in subsection (2) after the words “District Health Authority” in the first place where they occur, there shall be inserted “an NHS trust”;
(c) in subsection (3) after the words “District Health Authority” there shall be inserted “NHS trust” and after the words “by the Authority” there shall be inserted “trust”; and
(d) at the end there shall be added—
“(10) In this section “NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or, as the case may be, under the National Health Service (Scotland) Act 1978.”
(2) In the Schedule to that Act (contents of reports), after the word “Authority”, in each place in which that word appears, there shall be inserted “NHS trust”.
33 In section 1 of the [1988 c. 24.] Community Health Councils (Access to Information) Act 1988 (access to meetings and documents of Community Health Councils), in subsection (6)(a) after the words “exercises functions” there shall be inserted “or any National Health Service trust which is established under Part I of the National Health Service and Community Care Act 1990 and carries on any of its activities from premises in the area of the authority”.
34 In section 7 of the [1988 c. 49.] Health and Medicines Act 1988 (extension of powers for financing the health service) in subsection (2), after the word “powers”, in the second place where it occurs, there shall be inserted “(exercisable outside as well as within Great Britain)”.
35 In section 161 of the [1988 c. 52.] Road Traffic Act 1988 (interpretation) in subsection (1), in the definition of “hospital” for the word “on”, in the first place where it occurs, there shall be substituted “any health service hospital, within the meaning of the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 and any other”.
36 (1) In section 21 of the [1989 c. 41.] Children Act 1989 (provision of accommodation for children in police protection etc.), in subsection (3) after the words “vested in the Secretary of State” shall be inserted the words “or otherwise made available pursuant to arrangements made by a District Health Authority”.
(2) In section 24 of that Act (advice and assistance for certain children)—
(a) at the end of subsection (2)(d)(ii) there shall be added the words “or in any accommodation provided by a National Health Service trust”; and
(b) at the end of subsection (12)(c) there shall be added the words “or any accommodation provided by a National Health Service trust”.
(3) In section 29 of that Act (recoupment of cost of providing services etc.), at the end of paragraph (c) of subsection (8) there shall be added the words “or any other hospital made available pursuant to arrangements made by a District Health Authority”.
(4) In section 80 of that Act (inspection of children’s homes etc.).—
(a) in subsection (1)(d) after the words “health authority” there shall be inserted “or National Health Service trust”; and
(b) in subsection (5)(e) after the words “health authority” there shall be inserted “National Health Service trust”.
(5) In section 85 of that Act (children accommodated by health authorities and local education authorities), in subsection (1) after the words “health authority” there shall be inserted “National Health Service trust”.
37 In section 27 of the [1989 c. 44.] Opticians Act 1989 (sale and supply of optical appliances), at the end of subsection (4)(b)(i) there shall be inserted “or the National Health Service and Community Care Act 1990”.
National Health Service and Community Care Act 1990