National Health Service (Consequential Provisions) Act 2006 (c. 43)

Page 4 of 8

Data Protection Act 1998 (c. 29)

190 The Data Protection Act 1998 is amended as follows.

191 In section 69(3)—

(a) in paragraph (a), for “or a Health Authority established under section 8 of the National Health Service Act 1977” substitute “established under section 13 of the National Health Service Act 2006”,

(b) in paragraph (b), for “section 11 of that Act” substitute “section 28 of that Act, or section 22 of the National Health Service (Wales) Act 2006”,

(d) in paragraph (bbb), for “section 16BA of that Act” substitute “section 11 of the National Health Service (Wales) Act 2006”, and

(e) in paragraph (f), after “1990” insert “, section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006”.

Government of Wales Act 1998 (c. 38)

192 The Government of Wales Act 1998 is amended as follows.

193 In Schedule 17—

(a) in paragraph 13, for “section 11 of the National Health Service and Community Care Act 1990” substitute “paragraph 10 of Schedule 3 to the National Health Service (Wales) Act 2006”, and

(b) in paragraph 14A, after “National Health Service Act 1977” insert “and section 160(1) of the National Health Service (Wales) Act 2006”.

Health Act 1999 (c. 8)

194 The Health Act 1999 is amended as follows.

195 In section 16(5), in the definition of “initial loan”, for “the 1990 Act” substitute “the National Health Service and Community Care Act 1990, prior to the repeal of that section by the National Health Service (Consequential Provisions) Act 2006”.

196 In section 61(2), for “the 1977 Act” substitute “the National Health Service Act 2006, or the National Health Service (Wales) Act 2006”.

197 In section 62(4), for “(4) and (5) of section 126 of the 1977 Act” substitute “(7) and (8) of section 272 of the National Health Service Act 2006, and subsections (9) and (10) of section 203 of the National Health Service (Wales) Act 2006”.

Care Standards Act 2000 (c. 14)

198 The Care Standards Act 2000 is amended as follows.

199 In section 2(4) and (5), for “National Health Service Act 1977” substitute “National Health Service Act 2006 or the National Health Service (Wales) Act 2006”.

200 In section 121, in the definition of “health service hospital” for “has the same meaning as in the National Health Service Act 1977” substitute “means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006”.

Learning and Skills Act 2000 (c. 21)

201 The Learning and Skills Act 2000 is amended as follows.

202 In section 121, in the definition of “Strategic Health Authority” for “section 8 of the National Health Service Act 1977” substitute “section 13 of the National Health Service Act 2006”.

203 In section 129, omit the definition of “Health Authority”.

Local Government Act 2000 (c. 22)

204 The Local Government Act 2000 is amended as follows.

205 In section 21(2)(f) for the words from “section 7” to “that section”, in the second place, substitute “section 244 of the National Health Service Act 2006 or section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under either of those sections, matters relating to the health service (within the meaning given by the Act concerned, and as extended by the section concerned)”.

206 In subsection (3) of section 32, for the words from “under section 7” to the end of the subsection, substitute “, in the case of regulations made by the Secretary of State, under section 244 of the National Health Service Act 2006 or any provision of section 246 of, or Schedule 17 to, that Act or, in the case of regulations made by the Welsh Ministers, under section 184 of the National Health Service (Wales) Act 2006 or any provision of section 186 of, or Schedule 11 to, that Act”.

Regulation of Investigatory Powers Act 2000 (c. 23)

207 The Regulation of Investigatory Powers Act 2000 is amended as follows.

208 In section 4—

(a) in subsection (5), for “section 17 of the National Health Service Act 1977” substitute “section 8 of the National Health Service Act 2006, or section 19 or 23 of the National Health Service (Wales) Act 2006”, and

(b) in subsection (8), for “the National Health Service Act 1977” substitute “section 4 of the National Health Service Act 2006”.

209 In Schedule 1—

(a) in paragraph 26, for “section 11 of the National Health Service Act 1977” substitute “section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006”,

(b) in paragraph 27, for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006”, and

(c) in paragraph 27A, for “section 6 of the National Health Service Reform and Health Care Professions Act 2002” substitute “section 11 of the National Health Service (Wales) Act 2006”.

Freedom of Information Act 2000 (c. 36)

210 The Freedom of Information Act 2000 is amended as follows.

211 In Part 3 of Schedule 1—

(a) in paragraph 36A, for “section 8 of the National Health Service Act 1977” substitute “section 13 of the National Health Service Act 2006”,

(b) omit paragraph 37,

(c) in paragraph 38, for “section 11 of the National Health Service Act 1977” substitute “section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006”,

(d) in paragraph 39, for “section 16A of the National Health Service Act 1977” substitute “section 18 of the National Health Service Act 2006”,

(e) in paragraph 39A, for “section 16BA of the National Health Service Act 1977” substitute “section 11 of the National Health Service (Wales) Act 2006”,

(f) in paragraph 40, for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006”,

(g) in paragraph 41, for “continued in existence by or established under section 20A of the National Health Service Act 1977” substitute “established under section 182 of the National Health Service (Wales) Act 2006”,

(h) in paragraph 41A, for “section 15 of the National Health Service Reform and Health Care Professions Act 2002” substitute “section 237 of the National Health Service Act 2006”,

(i) in paragraph 43A(a), for “section 28C of the National Health Service Act 1977” substitute “section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006”,

(j) in paragraph 43A(b), for “section 28K or 28Q of that Act” substitute “section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006”,

(k) in paragraph 44, for “Part II of the National Health Service Act 1977” substitute “the National Health Service Act 2006 or the National Health Service (Wales) Act 2006”,

(l) in paragraph 45A(a), for “section 28 of the Health and Social Care Act 2001” substitute “section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006”, and

(m) in paragraph 45A(b), for “Schedule 8A to the National Health Service Act 1977” substitute “Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006”.

Criminal Justice and Court Services Act 2000 (c. 43)

212 The Criminal Justice and Court Services Act 2000 is amended as follows.

213 In section 42(1), in paragraph (a) of the definition of “hospital” for “the National Health Service Act 1977” substitute “the National Health Service Act 2006 or the National Health Service (Wales) Act 2006”.

Health and Social Care Act 2001 (c. 15)

214 The Health and Social Care Act 2001 is amended as follows.

215 In section 14(4), for “1977 Act” substitute “National Health Service Act 1977, prior to its repeal by the National Health Service (Consequential Provisions) Act 2006,”

216 In section 39—

(a) in subsection (1), for “section 128(1) of the 1977 Act” substitute “section 206 of the National Health Service Act 2006”, and

(b) in subsection (2), for “section 31” substitute “section 95 of the National Health Service (Wales) Act 2006”.

217 In section 66, omit the definitions of “the 1977 Act” and “NHS trust”.

218 In section 68(4), for “Neither of subsections (1) and (3) affects” substitute “Subsection (1) does not affect”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

219 Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 is amended as follows.

220 Omit paragraphs 16 and 45.

221 In paragraph 53A, for “Schedule 5 to the Health and Social Care (Community Health and Standards) Act 2003” substitute “Schedule 10 to the National Health Service Act 2006”.

222 At the end, add—

“53C Paragraph 5 of Schedule 22 to the National Health Service Act 2006”.

International Development Act 2002 (c. 1)

223 The International Development Act 2002 is amended as follows.

224 In Schedule 1, in the entry relating to a National Health Service trust, for “Part 1 of the National Health Service and Community Care Act 1990 or under” substitute “the National Health Service Act 2006, the National Health Service (Wales) Act 2006, or”.

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

225 The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

226 In section 22(6)(b), for “a Health Authority established for an area in England” substitute “a Strategic Health Authority”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

227 The Nationality, Immigration and Asylum Act 2002 is amended as follows.

228 In section 133(4)—

(a) in paragraph (a)(i), for “section 16A of the National Health Service Act 1977” substitute “section 18 of the National Health Service Act 2006”,

(b) in paragraph (a)(ii), for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006”,

(c) in paragraph (a)(iii), for “section 8 of the National Health Service Act 1977” substitute “section 13 of the National Health Service Act 2006”,

(d) in paragraph (a)(iv), for “section 11 of that Act” substitute “section 28 of that Act, or section 22 of the National Health Service (Wales) Act 2006”,

(e) for paragraph (b)(i) substitute—

“(i) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006,”, and

(f) in paragraph (b)(ii), for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006”.

229 In paragraph 1(1) of Schedule 3, for paragraph (e) substitute—

“(e) section 254 of, and Schedule 20 to, the National Health Service Act 2006, or section 192 of, and Schedule 15 to, the National Health Service (Wales) Act 2006 (social services),”.

Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

230 The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.

231 In section 12, in the definition of “health service hospital” for “has the same meaning as in the National Health Service Act 1977” substitute “means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006”.

Finance Act 2003 (c. 14)

232 The Finance Act 2003 is amended as follows.

233 In section 61(3), in the entry headed “Health: England and Wales”—

(a) for “or Health Authority established under section 8 of the National Health Service Act 1977” substitute “established under section 13 of the National Health Service Act 2006”,

(b) for “section 11 of that Act” substitute “section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006”,

(d) for “section 16BA of that Act” substitute “section 11 of the National Health Service (Wales) Act 2006”, and

(e) for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006”.

234 In section 66(4), in the entry headed “Health: England and Wales”—

(a) for “or Health Authority established under section 8 of the National Health Service Act 1977” substitute “established under section 13 of the National Health Service Act 2006”,

(b) for “section 11 of that Act” substitute “section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006”,

(d) for “section 16BA of that Act” substitute “section 11 of the National Health Service (Wales) Act 2006”, and

Licensing Act 2003 (c. 17)

235 The Licensing Act 2003 is amended as follows.

236 In section 16(3), in the definition of “health service body”—

(a) in paragraph (a), for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006”,

(b) in paragraph (b), for “section 16A of the National Health Service Act 1977” substitute “section 18 of the National Health Service Act 2006”, and

(c) in paragraph (c), for “section 16BA of that Act” substitute “section 11 of the National Health Service (Wales) Act 2006”.

Sexual Offences Act 2003 (c. 42)

237 The Sexual Offences Act 2003 is amended as follows.

238 In section 22(5), in paragraph (a) of the definition of “hospital”, for “section 128(1) of the National Health Service Act 1977” substitute “section 275(1) of the National Health Service Act 2006 or section 206(1) of the National Health Service Act 2006”.

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

239 The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.

240 In section 33(2), for “the 1990 Act” substitute “the National Health Service and Community Care Act 1990”.

241 In section 45(3), for “section 128(1) of the 1977 Act” substitute “section 275 of the 2006 Act”.

242 In section 113(1)(c), for “section 31 of the Health Act 1999” substitute “section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006”.

243 In section 114(1)(c), for “section 31 of the Health Act 1999” substitute “section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006”.

244 In section 122(1), for “section 31 of the Health Act 1999” substitute “section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006”.

245 In section 124(6), in the definition of “Northern Irish health service”, for “the 1977 Act” substitute “the 2006 Act”.

246 In section 148, in the definition of “NHS trust”, for “Part 1 of the 1977 Act” substitute “the 2006 Act”.

247 In section 150(7)—

(a) for paragraph (a) substitute—

“(a) treatment provided by virtue of—

(i) section 21(4) or 44(6) of the 2006 Act,

(ii) paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 6 to, the 2006 Act,

(iii) paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 5 to, the National Health Service (Wales) Act 2006, or

(iv) section 57 of, or paragraph 14 of Schedule 7A to, the 1978 Act,

(accommodation and services for private patients)”,

(b) in paragraph (c), for “section 72 of the 1977 Act” substitute “section 267 of the 2006 Act or section 198 of the National Health Service (Wales) Act 2006”, and

(c) in paragraph (d), for “section 16CA, 16CC, 28C, 28K or 28Q of the 1977 Act” substitute “section 83, 84, 92, 99, 100 or 107 of the 2006 Act, or section 41, 42, 50, 56, 57 or 64 of the National Health Service (Wales) Act 2006”.

248 In section 160(4)—

(a) in paragraph (a)(i) of the definition of “ambulance trust”, for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006”, and

(b) in paragraph (a)(i) of the definition of “responsible body”, for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006”.

249 In section 162(6), in paragraph (a)(i) of the definition of “relevant ambulance trust”, for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the 2006 Act or section 18 of the National Health Service (Wales) Act 2006”.

250 In section 165—

(a) in subsection (3)(b)(ii), for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006”, and

(b) in subsection (5), for “section 128(1) of the 1977 Act” substitute “section 275(1) of the 2006 Act”.

251 In section 168—

(a) in the definition of “health service hospital” for “the 1977 Act” substitute “the 2006 Act, the National Health Service (Wales) Act 2006”, and

(b) in the definition of “NHS ambulance services” for “section 3(1)(c) of the 1977 Act” substitute “section 3(1)(c) of the 2006 Act, section 3(1)(c) of the National Health Service (Wales) Act 2006”.

252 In section 194, for the definition of “the 1977 Act” substitute ““the 2006 Act” means the National Health Service Act 2006”.

Criminal Justice Act 2003 (c. 44)

253 The Criminal Justice Act 2003 is amended as follows.

254 In section 325(9), in the definition of “NHS trust” for “National Health Service Act 1977” substitute “National Health Service Act 2006”.

Finance Act 2004 (c. 12)

255 The Finance Act 2004 is amended as follows.

256 In section 59(5), in paragraph (a) of the definition of “NHS trust”, for “Part 1 of the National Health Service and Community Care Act 1990” substitute “section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006”.

Health Protection Agency Act 2004 (c. 17)

257 The Health Protection Agency Act 2004 is amended as follows.

258 In section 4(5)—

(a) for paragraph (a) substitute—

“(a) as if—

(i) in section 256(3) and 257(2) of the National Health Service Act 2006 (power to make payments to local authorities in respect of the performance of functions), after “Primary Care Trust” (in each place) there were inserted “or the Health Protection Agency”, and

(ii) in section 194(3) and 195(2) of the National Health Service (Wales) Act 2006 (power to make payments to local authorities in respect of the performance of functions), after “Local Health Board” (in each place) there were inserted “or the Health Protection Agency””,

(b) for paragraph (b) substitute—

“(b) as if, in section 76(1) of the National Health Service Act 2006 and section 34(1) of the National Health Service (Wales) Act 2006 (power of local authorities to make payments to certain NHS bodies in respect of the performance of functions), after “Strategic Health Authority” there were inserted “, the Health Protection Agency,””, and

“(c) as if, in section 75(8) of the National Health Service Act 2006 and section 33(8) of the National Health Service (Wales) Act 2006, after “NHS body” there were inserted “includes the Health Protection Agency, but””.

259 In paragraph 2(2) of Schedule 1—

(a) for “the National Health Service Act 1977” substitute “the National Health Service (Wales) Act 2006”, and

(b) for “section 16D” substitute “section 24”.

Public Audit (Wales) Act 2004 (c. 23)

260 The Public Audit (Wales) Act 2004 is amended as follows.

261 In section 60—

(a) in paragraph (c), for “section 11 of the National Health Service and Community Care Act 1990” substitute “paragraph 10 of Schedule 3 to the National Health Service (Wales) Act 2006”, and

(b) in paragraph (d), after “the National Health Service Act 1977” insert “and section 160(1) of the National Health Service (Wales) Act 2006”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

262 The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

263 In section 9(4)(a)—

(a) for “section 8 of the National Health Service Act 1977” substitute “section 13 of the National Health Service Act 2006”,

(b) for “section 16A” substitute “section 18”,

(d) for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006”.

Children Act 2004 (c. 31)

264 The Children Act 2004 is amended as follows.

265 In section 12(4)(e), for “Part 1 of the National Health Service Act 1977” substitute “the National Health Service Act 2006”.

266 In section 18(2)(e)—

(a) for “section 31 of the Health Act 1999” substitute “section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006”, and

(b) for “that section” substitute “those sections”.

267 In section 29(4)(e), for “Part 1 of the National Health Service Act 1977” substitute “the National Health Service (Wales) Act 2006”.

Housing Act 2004 (c. 34)

268 The Housing Act 2004 is amended as follows.

269 In paragraph 2(1)(f) of Schedule 14, for “section 4 of the National Health Service and Community Care Act 1990” substitute “section 9 of the National Health Service Act 2006”.

Civil Contingencies Act 2004 (c. 36)

270 The Civil Contingencies Act 2004 is amended as follows.

271 In Schedule 1—

(a) in paragraph 5, for “section 5 of the National Health Service and Community Care Act 1990” substitute “section 25 of the National Health Service Act 2006, or section 18 of the National Health Service (Wales) Act 2006”,

(b) in paragraph 6, for “section 1 of the Health and Social Care (Community Health and Standards) Act 2003” substitute “section 30 of the National Health Service Act 2006”,

(c) in paragraph 7, for “section 16A of the National Health Service Act 1977” substitute “section 18 of the National Health Service Act 2006”,

(d) in paragraph 8, for “section 16BA of the National Health Service Act 1977” substitute “section 11 of the National Health Service (Wales) Act 2006”, and

(e) in paragraph 29A, for “section 8 of the National Health Service Act 1977” substitute “section 13 of the National Health Service Act 2006”.

Constitutional Reform Act 2005 (c. 4)

272 The Constitutional Reform Act 2005 is amended as follows.

273 In Schedule 7, in Part A of paragraph 4, at the end insert—

“National Health Service Act 2006

Schedule 13, paragraphs 1, 2, 4, 6, 15, 16 and 21.”.

274 In Schedule 14, in Part 3, in the entry relating to the Family Health Services Appeal Authority, for “Schedule 9A to the National Health Service Act 1977” substitute “Schedule 13 to the National Health Service Act 2006”.

Income Tax (Trading and Other Income) Act 2005 (c. 5)

275 The Income Tax (Trading and Other Income) Act 2005 is amended as follows.

276 In section 780(2)(a), for “paragraph 2 of Schedule 2 to the National Health Service Act 1977” substitute “paragraph 10 of Schedule 1 to the National Health Service Act 2006 or paragraph 10 of Schedule 1 to National Health Service (Wales) Act 2006”.

Mental Capacity Act 2005 (c. 9)

277 The Mental Capacity Act 2005 is amended as follows.

278 In section 38(7)(a), for “section 128 of the National Health Service Act 1977”, substitute “section 275 of the National Health Service Act 2006 or section 206 of the National Health Service (Wales) Act 2006”.

Public Services Ombudsman (Wales) Act 2005 (c. 10)

279 The Public Services Ombudsman (Wales) Act 2005 is amended as follows.

280 In section 41—

(a) in the definition of “family health service provider in Wales”—

(i) in paragraph (a), for “section 28K or 28Q of the National Health Service Act 1977” substitute “section 42 or section 57 of the National Health Service (Wales) Act 2006”,

(ii) in paragraph (b), omit “Part 2 of”, and

(iii) in paragraph (c), for “section 28C” substitute “section 50 or 64”, and

(b) in the definition of “NHS trust” for “the National Health Service Act 1977” substitute “the National Health Service (Wales) Act 2006”.

Health Act 2006 (c. 28)

281 The Health Act 2006 is amended as follows.

282 In section 25(1)—

(a) in the definition of “health care professional” for “section 28X(3)(a) of the National Health Service Act 1977 (c. 49) (referred to in this Act as “the 1977 Act”)” substitute “section 91(2)(a) of the National Health Service Act 2006 (referred to in this Act as “the 2006 Act”)”, and

(b) in the definition of “illness” for “section 128(1) of the 1977 Act” substitute “section 275 of the 2006 Act”.

283 In section 43—

(a) in subsection (1), for “1977 Act” substitute “National Health Service Act 1977”, and

(b) in subsection (6), for “section 28WA of the 1977 Act (as inserted by section 38(1))” substitute “section 117 of the 2006 Act”.

284 In section 58(2)(c), for “section 95 of the 1977 Act” substitute “section 212 of the 2006 Act or section 160 of the National Health Service (Wales) Act 2006”.

285 For section 70(3) substitute—

“(3) Section 272(7) and (8) of the 2006 Act, and section 203(9) and (10) of the National Health Service (Wales) Act 2006 (supplementary provisions about subordinate legislation) apply in relation to any power to give directions under this Part.”.

286 In section 71, in the definition of “NHS trust”, for “1977 Act” substitute “2006 Act”.

287 In section 72, in subsection (2) of section 67A of the Care Standards Act 2000 (c. 14) as inserted by that section—

(a) for “the National Health Service Act 1977” substitute “the National Health Service Act 2006”,

(b) for “section 16D”, in both places, substitute “section 7”.

288 In section 75(5), in the definition of “relevant directions”, after “National Health Service Act 1977 (c. 49)” insert “or section 12 of the National Health Service (Wales) Act 2006”.

289 In section 78(2), for “sections 21(2)(b) and 52(5)(b)” substitute “section 21(2)(b)”.

290 In section 82(1)—

(a) omit the definition of “the 1977 Act”,

(b) after the definition of “the 2003 Act” insert—