Office of Public Sector Information
Section 66(1).
1 (1) In section 54 of the [1897 c. 38.] Public Health (Scotland) Act 1897 (removal of infected persons without proper lodging to hospital), after the words “Secretary of State” in both places where they occur, there shall be inserted the words “or to any hospital managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978”.
(2) In section 55(1) of that Act (detention of infected persons without proper lodging in hospital) after the word “hospital”, where it first appears, there shall be inserted the words “vested in the Secretary of State or managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978”.
(3) In section 55(3) of that Act, after the words “vested in the 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”.
(4) In section 96 of that Act (power of local authority to remove sick persons to hospital), 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”.
2 In section 1 of the [1936 c. 17.] Voluntary Hospitals (Paying Patients) Act 1936 (definitions)—
(a) in the definition of “voluntary hospital”, after the words “of the rates” there shall be inserted “or which is vested in an NHS trust”; and
(b) after the definition of “committee of management” there shall be inserted—
““NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990.”
3 In section 10(3)(a) (interpretation) of the [1938 c. 73.] Nursing Homes Registration (Scotland) Act 1938, after the words “local authority” there shall be inserted the words “or a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978.”.
4 In section 1(3) of the [1945 c. 15. (9 & 10 Geo. 6).] Public Health (Scotland) Act 1945 (regulations with regard to treatment and prevention of spread of certain diseases)—
(a) after the words “Health Boards” there shall be inserted the words “or National Health Service trusts established under section 12A of the National Health Service (Scotland) Act 1978”; and
(b) in the proviso to that subsection, after the word “Board” there shall be inserted the words “National Health Service trust,”.
5 (1) At the beginning of subsection (4) of section 21 of the [1948 c. 29.] National Assistance Act 1948 (accommodation provided under section 21 to be provided in premises managed by a local authority) there shall be inserted “Subject to the provisions of section 26 of this Act”.
(2) For paragraphs (b) and (c) of subsection (7) of that section (which enable health services to be provided on premises where accommodation is provided under that section) there shall be substituted—
“(b) make arrangements for the provision on the premises in which the accommodation is being provided of such other services as appear to the authority to be required.”
(3) At the end of subsection (8) of that section (which excludes from that section provision required to be made by a local authority under other enactments) there shall be inserted “or authorised or required to be provided under the National Health Service Act 1977”.
(4) In section 24 of that Act (authority liable for provision of accommodation)—
(a) in subsection (6) for the words from “patient” to “shall” there shall be substituted “patient in a hospital vested in the Secretary of State or an NHS trust shall”; and
(b) at the end there shall be added—
“(7) In subsection (6) above “NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or under the National Health Service (Scotland) Act 1978.”
(5) In section 26 of that Act (provision of accommodation in premises maintained by voluntary organisations etc.)—
(a) in subsection (2) the words “subsection (1) of” shall be omitted;
(b) after subsection (4) there shall be inserted—
“(4A) Section 21(5) of this Act shall have effect as respects accommodation provided under arrangements made by virtue of this section with the substitution for the reference to the authority managing the premises of a reference to the authority making the arrangements.”;
(c) in subsection (5) the words “subsection (1) of” shall be omitted.
(6) Subsections (2) and (3) of section 35 of that Act (duty of authorities to exercise functions under Part III of that Act in accordance with regulations) shall cease to have effect.
(7) Section 36 of that Act (default powers of Minister) shall cease to have effect.
(8) Section 54 of that Act (which enables inquiries to be held for the purposes of that Act) shall cease to have effect.
(9) In paragraph (f) of section 65 of that Act (application to Scotland)—
(a) the words “Part IV of” shall cease to have effect;
(b) at the end there shall be inserted “or section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,”.
6 In Schedule 1 to the [1958 c. 51.] Public Records Act 1958 (definition of public records), in the Table in Part I, in the entry relating to the Department of Health, in the second column—
(a) after the words “National Health Service Authorities” there shall be inserted “including National Health Service trusts”; and
(b) for the words “National health service hospitals” there shall be substituted “health service hospitals, within the meaning of the National Health Service Act 1977”.
7 In section 1 of the [1961 c. 54.] Human Tissue Act 1961 (removal of parts of bodies for medical purposes)—
(a) in subsection (4A)(b) after the words “health authority” there shall be inserted “or NHS trust”; and
(b) at the end of subsection (10) there shall be added “and “NHS trust” means a National Health Service trust established under the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978”.
8 In section 1 of the [1967 c. 87.] Abortion Act 1967 (medical termination of pregnancy), in subsection (3) after the words “National Health Service (Scotland) Act 1978” there shall be inserted “or in a hospital vested in a National Health Service trust”.
9 In section 28 of the [1967 c. 88.] Leasehold Reform Act 1967 (retention or resumption of land required for public purposes)—
(a) in subsection (5)(d) for the words “and any special health authority” there shall be substituted “any special health authority and any National Health Service trust”; and
(b) in subsection (6)(c) for the words “or special health authority” there shall be substituted “special health authority or National Health Service trust”.
10 (1) The [1968 c. 49.] Social Work (Scotland) Act 1968 shall be amended as follows.
(2) In section 2 (the social work committee), in subsection (2) after paragraph (k) there shall be inserted—
“(l) sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983;
(m) the Access to Personal Files Act 1987.”
(3) In section 4 (provisions relating to performance of functions by local authorities), after the word “Act”, there shall be inserted the words “or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984,”.
(4) In section 6 (supervision of establishments), in—
(a) subsection (1)—
(i) for the words “duly authorised officer of”, there shall be substituted the words “person duly authorised by”; and
(ii) after the words “of this Act”, where they first occur, there shall be inserted the words “or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984”;
(b) subsection (1)(a), at the end there shall be inserted “or section 7 or 8 of the said Act of 1984,”;
(c) subsection (2)—
(i) for the word “officer” there shall be substituted the word “person”; and
(ii) after the words “of this Act” there shall be inserted the words “or section 7 or 8 of the said Act of 1984”;
(d) subsection (3), for the word “officer” there shall be substituted the words “authorised person”; and
(e) subsection (4), for the words “An officer” there shall be substituted the words “A person”.
(5) In section 12 (general social welfare services of local authorities) at the end there shall be inserted—
“(6) For the purposes of subsection (2) of this section “person in need” includes a person who is in need of care and attention arising out of drug or alcohol dependency or release from prison or other form of detention.”
(6) In section 14 (home help), for the words—
(a) “home help”, where they first occur there shall be substituted the words “domiciliary services”;
(b) “help is”, there shall be substituted the words “services are”; and
(c) “home help is”, there shall be substituted the words “domiciliary services are”.
(7) In section 59(1) (provision of residential and other establishments), at the beginning there shall be inserted the words “Subject to section 13A of this Act,”.
(8) In section 61(1A) (definition of “establishment”)—
(a) after the word “include” there shall be inserted “(a)”; and
(b) at the end of the definition of “establishment” there shall be inserted—
“; or
any establishment providing residential accommodation with nursing falling within section 13A of this Act;”.
(9) In subsection (1) of section 67 (inspection of establishments by local authorities)—
(a) for the words “duly authorised officer of” there shall be substituted the words “person duly authorised by”;
(b) for the words “required to be kept therein by virtue of this Part of this Act” there shall be substituted the words “(in whatever form they are held) relating to the place or to any person for whom services have been or are provided there by virtue of this Act or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984”;
(c) after the words “subsections (2)”, there shall be inserted the words “to (2D)”;
(d) for the words “an officer”, where they first occur, there shall be substituted the words “a person”; and
(e) for the words “an officer of” there shall be substituted the words “a person authorised by”.
(10) In subsection (2) of the said section 67, for the word “officer”, in both places where it occurs, there shall be substituted the word “person”.
(11) In subsection (1)(d) of section 86 (adjustments between authority providing accommodation etc., and authority of area of residence), at the end there shall be inserted—
“or
in the provision of accommodation, services or facilities for persons ordinarily so resident under section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984;”.
(12) In subsection (3) of the said section 86, after the words “1978” there shall be inserted the words “or in a hospital managed by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978”.
(13) In section 87 (charges for services and accommodation),—
(a) in subsection (1), after the words “under this Act”, there shall be inserted the words “or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984”;
(b) in subsection (1A), after the words “under this Act”, there shall be inserted the words “or section 7 or 8 of the said Act of 1984”;
(c) in subsections (2), (3) and (4), after the words “under this Act”, there shall be inserted the words “or section 7 of the said Act of 1984;” and
(d) in subsection (4), after the word “organisation” there shall be inserted the words “or any other person or body”.
(14) In subsection (1) of section 94 (interpretation),—
(a) after the definition of “contributor” there shall be inserted the following definition—
““domiciliary services” means any services, being services provided in the home, which appear to a local authority to be necessary for the purpose of enabling a person to maintain as independent an existence as is practicable in his home;”; and
(b) in the definition of “hospital”, after the words “1978” there shall be inserted—
“(aa) any hospital managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978;”.
11 In Schedule 1 to the [1970 c. 42.] Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee)—
(a) in the entry relating to the Children Act 1989, in the second column after the words “health authorities” there shall be inserted “National Health Service trusts”;
(b) for the entry relating to section 6 of the Local Authority Social Services Act 1970 there shall be substituted—
| “Sections 6 and 7B of this Act | Appointment of director of social services, etc; provision and conduct of complaints procedure.”; and |
(c) at the end of that Schedule there shall be inserted—
| “National Health Service and Community Care Act 1990 (c. 19) | |
| Section 46 | Preparation of plans for community care services. |
| Section 47 | Assessment of needs for community care services.” |
12 In section 2(1) of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970, the words from “to the provisions” in the first place where they occur, to “the purpose) and” shall be omitted and after the words “Secretary of State)” there shall be inserted “and to the provisions of section 7A of that Act (which requires local authorities to exercise their social services functions in accordance with directions given by the Secretary of State)”.
13 In section 113 of the [1972 c. 70.] Local Government Act 1972 (placing of staff at disposal of other bodies),—
(a) in subsection (1A) after the words “special health authority”, in each place where they occur, there shall be inserted “or NHS trust”; and
(b) at the end there shall be added the following subsection—
“(4) In subsection (2A) above “NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990.”
14 In section 462 (interpretation) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, in paragraph (a) of the definition of “hospital”, after the words “Secretary of State” there shall be inserted the words “or in a National Health Service trust”.
15 In section 3 of the [1975 c. 61.] Child Benefit Act 1975 (meaning of “person responsible for child”) in subsection (3) (certain days of absence disregarded) in paragraph (c) for the words following “under” there shall be substituted “section 21 of the National Assistance Act 1948, the Children Act 1989 or the Social Work (Scotland) Act 1968.”
16 In section 99(1)(b) of the [1975 c. 72.] Children Act 1975 (inquiries in Scotland) the words “paragraph (a) of section 1(4) and” shall cease to have effect and after the word “(h)” there shall be inserted “to (k)”.
17 In section 2 of the Adoption Act 1976 (local authorities' social services) in paragraph (a) (as set out in paragraph 1 of Schedule 10 to the Children Act 1989) after the words “health authorities” there shall be inserted “National Health Service trusts”.
18 (1) In section 41 of the [1977 c. 49.] National Health Service Act 1977 (arrangements for pharmaceutical services)—
(a) for the words “supply to persons who are in that locality” there shall be substituted “provision to persons who are in that locality of”;
(b) in paragraph (b) after the words “health authority” there shall be inserted “or an NHS trust” and the word “and” at the end of the paragraph shall be omitted; and
(c) after paragraph (c) there shall be inserted “and
(d) such other services as may be prescribed.”
(2) At the end of section 43 of that Act (persons authorised to provide pharmaceutical services) there shall be added the following subsection—
“(3) No arrangements for the provision of pharmaceutical services falling within section 41(d) above shall be made with persons other than those who are registered pharmacists or are of a prescribed description.”
(3) In section 63 of that Act (hospital accommodation on part payment) after subsection (1) there shall be inserted the following subsection—
“(1C) References in subsection (1) above to a health service hospital do not include references to a hospital vested in an NHS trust.”
(4) At the end of section 65 of that Act (accommodation and services for private patients) there shall be added the following subsection—
“(4) References in the preceding provisions of this section to a health service hospital do not include references to a hospital vested in an NHS trust.”
(5) In section 83A of that Act (remission and repayment of charges and payment of travelling expenses) in subsection (1)—
(a) in paragraph (b) after the words “Secretary of State” there shall be inserted “or an NHS trust” and at the end there shall be added “and”, and
(b) after paragraph (b) there shall be inserted the following paragraph—
“(c) for the reimbursement by a District Health Authority to an NHS trust and, in such cases as may be prescribed to another District Health Authority, of payments made by virtue of exercising the functions conferred under paragraph (b) above”.
(6) In section 84 of that Act (inquiries) at the end of subsection (1) there shall be added the words “or Part I of the National Health Service and Community Care Act 1990”.
(7) In section 85 of that Act (default powers)—
(a) in subsection (1), for paragraph (e) there shall be substituted the following paragraph—
“(e) an NHS trust”;
and in the words following paragraph (g) after the words “this Act” there shall be inserted “or Part I of the National Health Service and Community Care Act 1990”;
(b) in subsection (2), for the words from the beginning to “body shall” there shall be substituted “The members of the body in default shall”;
(c) subsections (3) and (4) shall be omitted.
(8) In section 86 of that Act (emergency powers) after the words “this Act”, in the first place where they occur, there shall be inserted “or Part I of the National Health Service and Community Care Act 1990” and after the words “this Act”, in the second place where they occur, there shall be inserted “or that Part”.
(9) At the end of section 103 of that Act (special arrangement as to payment of remuneration) there shall be inserted the following subsection—
“(3) If the Secretary of State by order so provides with respect to remuneration in respect of such pharmaceutical services as may be specified in the order,—
(a) an NHS trust determined in accordance with the order shall have the function of paying sums so determined to the Family Health Services Authority which, under Part II of this Act, has the function of paying that remuneration; and
(b) nothing in subsection (2) above shall apply with respect to that remuneration.”
(10) In section 109 of that Act, after paragraph (d) there shall be inserted—
“(da) NHS trusts”.
(11) In section 110 of that Act (investigations for England and for Wales), after paragraph (b) there shall be inserted—
“(ba) an NHS trust which is managing a hospital or other establishment or facility which is in Wales”.
(12) In section 122 of that Act (recovery of charges), in subsection (1) after the words “this Act”, in the second place where they occur, there shall be inserted “or Part I of the National Health Service and Community Care Act 1990”.
(13) In Schedule 7 to that Act (additional provisions as to Community Health Councils), in paragraph 2—
(a) in sub-paragraph (d) after the word “by” there shall be inserted “Regional Health Authorities, NHS trusts”; and
(b) in sub-paragraph (e) for the words from “such Authorities”, in the first place where those words appear, to the end of the sub-paragraph there shall be inserted “Regional and District Health Authorities, NHS trusts or relevant Family Health Services Authorities, and the right of members of Councils to enter and inspect premises controlled by such health authorities or NHS trusts”.
(14) In Schedule 8 to that Act (local social services authorities' functions)—
(a) in paragraph 1 (care of mothers) after the word “mothers” there shall be inserted “(other than for the provision of residential accommodation for them)”;
(b) in paragraph 2 (prevention, care and after-care)—
(i) sub-paragraphs (1)(a) and (4) (which make provision respectively for the provision by authorities of residential accommodation and for regulations to be made conferring powers of inspection of certain premises provided under that paragraph) shall cease to have effect; and
(ii) after sub-paragraph (4A) there shall be inserted—
“(4AA) No authority is authorised or may be required under this paragraph to provide residential accommodation for any person.”
19 (1) In section 2 of the [1978 c. 29.] National Health Service (Scotland) Act 1978 (Health Boards), in subsection (5) after the words “subsection (1)” there shall be inserted “and in exercising any function otherwise conferred on them by or under this Act”.
(2) In subsection (5) of section 11 (Scottish Hospital Trust) of that Act, after the words “and shall cause” there shall be inserted the words “such accounts to be audited and”.
(3) In section 12 of that Act (Scottish Hospital Endowments Research Trust), after subsection (4) there shall be inserted the following subsections—
“(4A) The Research Trust shall have power to engage in activities intended to stimulate the giving of money or other property to assist them in carrying out the purpose aforesaid.
(4B) Subject to any directions of the Secretary of State excluding specified activities or descriptions of activity, the activities authorised by subsection (4A) include public appeals or collections, and the soliciting of sponsorship, donations, legacies, bequests and gifts.”
(4) In section 13 of that Act (co-operation between Health Boards and other authorities), after the word “Boards,” there shall be inserted “NHS trusts,”.
(5) In subsection (1)(a) of section 13A of that Act (co-operation in planning of services for disabled persons, the elderly and others) for the words from “being” to the end there shall be substituted the words “by Health Boards and such of the authorities mentioned in that section as may be concerned;”.
(6) For paragraph (b) of subsection (2) of section 25 of that Act (arrangements for provision of general dental services) there shall be substituted the following paragraph—
“(b) for conferring a right, subject to—
(i) subsection (2A);
(ii) the provisions of this Part relating to the disqualification of persons providing services; and
(iii) section 8 (persons over retiring age) of the Health and Medicines Act 1988 and regulations made under that section,
on any dental practitioner who wishes to be included in any such list to be so included;”.
(7) In section 27 of that Act (arrangements for provision of pharmaceutical services)—
(a) in subsection (1)—
(i) for the word “supply” there shall be substituted “provision”;
(ii) in paragraph (b), after the word “Board” there shall be inserted “or by an NHS trust”;
(iii) at the end of paragraph (c) there shall be inserted—
“; and
such services as may be prescribed,”; and
(iv) for the words “services provided in accordance with the arrangements are” there shall be substituted “provision of drugs, medicines, appliances and services in accordance with the arrangements is”;
(b) in subsection (2), after the word “mentioned” in the second place where it occurs there shall be inserted “, or to whom services mentioned in subsection (1)(d) are to be provided,”;
(c) in subsections (3)(b), (c) and (d) and (4), before the word “services” in each place where it occurs there shall be inserted “pharmaceutical”; and
(d) in subsection (4)(d) for the words “a prescribed criterion” there shall be substituted “prescribed criteria”.
(8) In section 28(2) of that Act (persons authorised to provide pharmaceutical services)—
(a) after the word “medicines” in the first place where it occurs there shall be inserted “or the provision of pharmaceutical services”;
(b) after the word “undertake” there shall be inserted “(a)”;
(c) for the word “supplied” there shall be substituted “provided”; and
(d) after the word “dispensed” there shall be inserted—
“, and
that all services mentioned in section 27(1)(d) provided by them under those arrangements shall be provided,”.
(9) In section 55(1) (hospital accommodation on part payment) of that Act, after the word “hospital” there shall be inserted the words “vested in the Secretary of State”.
(10) In section 57(1) (accommodation and services for private patients), after the word “hospital” where it first occurs there shall be inserted “vested in the Secretary of State”.
(11) In section 73 of that Act (charges for more expensive supplies) at the end there shall be inserted—
“(c) by a National Health Service trust in respect of the supply by them of any appliance or vehicle which is, at the request of the person supplied, of a more expensive type than the prescribed type, or in respect of the replacement or repair of any such appliance, or the replacement of any such vehicle.”.
(12) In section 74 of that Act (charges for repairs and replacement in certain cases), after paragraph (b) there shall be inserted—
National Health Service and Community Care Act 1990