(3) Subject to subsection (4), the provision that may be made under subsection (1) includes any provision that could be made by an Act of Parliament.

(4) The power conferred by subsection (1) shall not include power—

(a) to make any provision imposing or increasing taxation;

(b) to make provision taking effect from a date earlier than that of the making of the instrument containing the provision;

(c) to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal;

(d) to create any new criminal offence;

(e) to make provision extending otherwise than to England and Wales;

(f) to make provision applying in relation to England, without the consent of the Secretary of State.

(5) Subsection (4)(c) does not preclude the modification of a power to legislate conferred otherwise than under subsection (1), or the extension of any such power to purposes of a like nature as those for which it was conferred.

(6) A power to give directions as to matters of administration is not to be regarded as a power to legislate within the meaning of subsection (4)(c).

(7) The power under subsection (1)(a) (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to all those cases subject to exceptions or in relation to any particular case or class of case.

Supplementary

18 Interpretation

(1) In this Act—

  • “designated Strategic Health Authority” means a Strategic Health Authority designated for the purposes of this Act by regulations made by the Secretary of State;

  • “health service” has the same meaning as in the National Health Service Act 1977 (c. 49);

  • “illness” has the same meaning as in the National Health Service Act 1977;

  • “patient” has the same meaning as in the National Health Service Act 1977;

  • “personal injury” includes any disease and any impairment of a person’s physical or mental health;

  • “scheme”, except in section 1, means a scheme established under that section;

  • “scheme authority” has the meaning given by section 11(1);

  • “specified”, in relation to a scheme, means specified in the scheme.

(2) In this Act, references to functions in connection with a scheme include functions in relation to settlement agreements under the scheme.

19 Short title, commencement and extent

(1) This Act may be cited as the NHS Redress Act 2006.

(2) Section 18 and this section shall come into force on the day on which this Act is passed.

(3) Section 17 shall come into force on such day as the National Assembly for Wales may appoint by order made by statutory instrument.

(4) The remaining provisions of this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument.

(5) This Act extends to England and Wales only.