New Schedule 2 - 'Part 4: Consequential and Minor Amendments

Health and Social Care (Community Health and Standards) Bill – in a Public Bill Committee at 11:15 am on 19th June 2003.

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Health Services and Public Health Act 1968 (c.46)

1 The Health Services and Public Health Act 1968 has effect subject to the following amendments.

2 (1) Section 59 is amended as follows.

(2) In subsection (1), after ''personal medical services'' insert ''primary dental services''.

(3) In subsection (2), after ''1977 Act'' insert ''(in the case of pharmaceutical services and general medical services) or''.

(4) After subsection (2) insert—

''(2ZA) In subsection (1), references to primary dental services are to be construed as references to services of that kind under Part 1 of the 1977 Act.''

(5) In subsection (2A), after ''1977 Act'' insert ''(in the case of personal medical services) or''.

3 In section 63(2), after paragraph (bb) insert—

''(bc) the provision or performance of a primary dental service under Part 1 of the 1977 Act;''.

4 In section 64(3)(b), after ''make arrangements'' insert ''or any service which a Primary Care Trust or Local Health Board is under a duty to provide under section 16CA of that Act''.

Patents Act 1977 (c.37)

5 (1) Section 56(4)(a) of the Patents Act 1977 is amended as follows.

(2) In subparagraph (i), after ''1977 Act'' insert ''(in the case of pharmaceutical services or general medical services) or''.

(3) After subparagraph (i) insert—

''(ia) primary dental services under Part 1 of the 1977 Act, or''.

(4) In subparagraph (ii), after ''1977 Act'' insert ''(in the case of personal medical services) or''.

National Health Service Act 1977 (c.49)

6 The 1977 Act has effect subject to the following amendments.

7 In section 3, at the end insert—

''(4) For the purposes of the duty in subsection (1), services provided under section 16CA(2) or under a general dental services contract are to be regarded as provided by the Secretary of State.''

8 In section 15(1)(a), for ''general medical services, general dental services'' substitute ''primary dental services, general medical services''.

9 In section 16BB(4), at the end insert ''(including functions under section 16CA or 16CB below)''.

10 In section 16BC(1), at the end insert ''or section 16CA or 16CB below''.

11 In section 18A(3)—

(a) in paragraph (a), omit ''general dental,'';

(b) in paragraph (b), omit ''or personal dental'';

(c) after that paragraph insert—

''(c) providing or performing primary dental services under this Part,''.

12 (1) Section 26 is amended as follows.

(2) In subsection (2) (as substituted by the National Health Service (Primary Care) Act 1997)—

(a) in paragraph (a), omit ''general dental services,'';

(b) after paragraph (a) insert—

''(aa) providing primary dental services under a general dental services contract or in accordance with section 28C arrangements; or'';

(c) in paragraph (b), omit '', personal dental services''.

(3) In subsection (4)—

(a) in paragraph (a), omit ''general dental services,'';

(b) after paragraph (a) insert—

''(zaa) providing primary dental services under a general dental services contract or in accordance with section 28C arrangements,'';

(c) in paragraph (aa), omit '', personal dental services''.

13 In section 28C, in subsections (1)(b), (2)(a) and (b) and (4), for ''personal dental services'', in all places, substitute ''primary dental services''.

14 (1) Section 28D is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), at the end insert ''or NHS foundation trust'';

(b) in paragraph (f), at the end insert ''or Local Health Board''.

(3) In subsection (2)—

(a) in the definition of ''NHS employee''—

(i) after ''Scotland'' insert ''or Northern Ireland'';

(ii) in paragraph (a), after ''NHS trust'' insert '', an NHS foundation trust or (in Northern Ireland) a Health and Social Services Trust'';

(b) in the definition of ''qualifying body'', in paragraph (b), for ''personal'' substitute ''primary''.

15 In section 28I(a)—

(a) omit ''or personal dental services'';

(b) after ''section 28C arrangements'' insert ''or of primary dental services under this Part''.

16 (1) Section 41(1) is amended as follows.

(2) In paragraph (b), after ''medicines'' insert ''and listed appliances''.

(3) In paragraph (c)—

(a) after ''medicines'' insert ''and listed appliances''; and

(b) for ''general dental services'' substitute ''primary dental services under Part I above''.

17 In section 43(1), for ''general dental services'' substitute ''primary dental services under Part 1 above''.

18 In section 43D(10), after ''(a) to (e),'' insert ''a list under section 28Q above,''.

19 (1) Section 44 is amended as follows.

(2) In subsection (A1), for the words from ''A Health Authority'' to ''they are'' substitute ''A Local Health Board may recognise a committee formed for its area, or for its area and that of one or more other Local Health Boards which it is''.

(3) In subsection (1)—

(a) for the words from ''a Health Authority'' to ''their area'' substitute ''a Local Health Board is satisfied that a committee formed for its area, or for its area and that of one or more other Local Health Boards''; and

(b) for ''the Health Authority'' substitute ''the Local Health Board''.

(4) In subsections (3)(a) and (b) and (4), for ''Health Authority'', in all places, substitute ''Local Health Board''.

20 (1) Section 45 is amended as follows.

(2) In subsection (1), for ''Health Authorities'' substitute ''Local Health Boards''.

(3) In subsections (1A), (2) and (3), for ''Health Authority'', in all places, substitute ''Local Health Board''.

(4) In subsection (4), for ''section 28C medical practitioners, deputy dental practitioners or section 28C dental practitioners'' substitute ''or section 28C medical practitioners''.

21 After section 45 insert—

''45A Local dental committees: England

(1) A Primary Care Trust may recognise a committee formed for its area, or for its area and that of one or more other Primary Care Trusts, which it is satisfied is representative of—

(a) the persons to whom subsection (2) applies; and

(b) the persons to whom subsection (3) applies.

(2) This subsection applies to every dental practitioner who, under a general dental services contract entered into by him, is providing primary dental services in the area for which the committee is formed.

(3) This subsection applies to every other dental practitioner—

(a) who is performing primary dental services in that area—

(i) under section 16CA(2) above;

(ii) in accordance with section 28C arrangements; or

(iii) under a general dental services contract; and

(b) who has notified the Primary Care Trust that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented).

(4) Any such committee may delegate any of its functions, with or without restrictions or conditions, to subcommittees composed of members of that committee.

(5) Regulations may require a Primary Care Trust, in the exercise of its functions relating to primary dental services, to consult any committee recognised by it under subsection (1) on such occasions and to such extent as may be prescribed.

(6) Regulations may require a Strategic Health Authority, in the exercise of any of its functions which relate to section 28C arrangements for the provision of primary dental services, to consult, on such occasions and to such extent as may be prescribed, any committee—

(a) which is recognised by a Primary Care Trust under subsection (1) for the area where the services are (or are to be) provided under those arrangements; and

(b) which is representative of persons providing or performing those services under those arrangements.

(7) A committee recognised under subsection (1) shall have such other functions as may be prescribed.

(8) A committee recognised under subsection (1) shall in respect of each year determine—

(a) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(a); and

(b) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(b).

(9) A Primary Care Trust may—

(a) on the request of a committee recognised by it, allot to that committee such sums for defraying the expenses referred to in subsection (8)(a) as it may determine; and

(b) deduct the amount of such sums from the remuneration of persons of whom it is representative under subsection (1)(a) under the general dental services contracts entered into by them with the Trust.

(10) A committee recognised under subsection (1) shall apportion the amount determined by it under subsection (8)(b) among the persons of whom it is representative under subsection (1)(b); and each such person shall pay in accordance with the committee's directions the amount so apportioned to him.

(11) References in this section to the administrative expenses of a committee include the travelling and subsistence allowances payable to its members.

45B Local dental committees: Wales

(1) A Local Health Board may recognise a committee formed for its area, or for its area and that of one or more other Local Health Boards, which it is satisfied is representative of—

(a) the persons to whom subsection (2) applies; and

(b) the persons to whom subsection (3) applies.

(2) This subsection applies to every dental practitioner who, under a general dental services contract entered into by him, is providing primary dental services in the area for which the committee is formed.

(3) This subsection applies to every other dental practitioner—

(a) who is performing primary dental services in that area—

(i) under section 16CA(2) above;

(ii) in accordance with section 28C arrangements; or

(iii) under a general dental services contract; and

(b) who has notified the Local Health Board that he wishes to be represented by the committee (and has not notified it that he wishes to cease to be so represented).

(4) Any such committee may delegate any of its functions, with or without restrictions or conditions, to subcommittees composed of members of that committee.

(5) Regulations may require a Local Health Board, in the exercise of its functions relating to primary dental services, to consult any committee recognised by it under subsection (1) on such occasions and to such extent as may be prescribed.

(6) A committee recognised under subsection (1) shall have such other functions as may be prescribed.

(7) A committee recognised under subsection (1) shall in respect of each year determine—

(a) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(a); and

(b) the amount of its administrative expenses for that year attributable to persons of whom it is representative under subsection (1)(b).

(8) A Local Health Board may—

(a) on the request of a committee recognised by it, allot to that committee such sums for defraying the expenses referred to in subsection (7) as it may determine; and

(b) deduct the amount of such sums from the remuneration of persons of whom it is representative under subsection (1)(a) under the general dental services contracts entered into by them with the Board.

(9) A committee recognised under subsection (1) shall apportion the amount determined by it under subsection (7)(b) among the persons of whom it is representative under subsection (1)(b); and each such person shall pay in accordance with the committee's directions the amount so apportioned to him.

(10) References in this section to the administrative expenses of a committee include the travelling and subsistence allowances payable to its members.''

22 In section 49N(1) after paragraph (a) insert—

''(aa) a list under section 28Q above,''.

23 (1) Section 72 is amended as follows.

(2) In subsection (5), at the end insert ''and

(d) persons providing primary dental services under a general dental services contract or in accordance with section 28C arrangements''.

(3) In subsection (6)(a), for ''Part II'' substitute ''this Act''.

24 In section 77, at the end insert—

''(4) This section does not apply in relation to the provision of any relevant dental service (within the meaning of section 79 below).''

25 In section 78(3), for ''paragraphs 2 and 5'' substitute ''paragraph 2''.

26 In section 83(a), for ''to 79'' substitute ''and 78''.

27 In section 83A(1)(a), for the words from ''section 77(1)'' to ''1997'' substitute ''section 77(1), 78(1) or 79 above''.

28 In section 85(1)—

(a) insert ''or'' at the end of paragraph (bbb);

(b) omit paragraph (e).

29 (1) Section 98 is amended as follows.

(2) In subsection (1)—

(a) insert ''and'' at the end of paragraph (dd);

(b) omit paragraph (e) and the preceding ''and''.

(3) In subsection (4)—

(a) in paragraph (a), omit the words from '', other than'' to the end;

(b) omit paragraph (b).

30 In section 99(1)—

(a) insert ''and'' at the end of paragraph (bb);

(b) omit paragraph (f) and the preceding ''and''.

31 In section 100(1)—

(a) insert ''and'' at the end of paragraph (b);

(b) omit paragraph (e) and the preceding ''and''.

32 In section 103(1)(a)—

(a) omit ''or in accordance with section 28C arrangements'';

(b) after ''LPS arrangements'' insert ''or of personal medical services provided by any person in accordance with section 28C arrangements or primary dental services provided by any person under Part 1 of this Act''.

33 In section 126(4), after ''above'' insert ''or by section 28E(3A) or 28N above''.

34 In section 128(1), at the appropriate places in alphabetical order insert—

'' ''general dental services contract'' has the meaning given by section 28K above;'';

'' ''primary dental services'' means services which are primary dental services for the purposes of Part 1 of this Act (see section 16CA);''.

35 In Schedule 8A, in paragraph 1(5), for ''personal dental services'' substitute ''primary dental services''.

36 (1) Schedule 9A is amended as follows.

(2) In paragraph 6, for paragraph (b) substitute—

''(b) health care professional of each description prescribed under section 28Q above, provided that each such professional appointed is included in a list under that section''.

(3) At the end of paragraph 6 insert—

''For the purposes of paragraph (b) above, ''health care professional'' has the same meaning as in section 28Q above.''

(4) In paragraph 10—

(a) after ''49N above'' insert ''or for the purposes of regulations under section 28Q above containing provision corresponding to those sections'';

(b) in paragraph (a), after ''49F(1)'' insert ''or if the practitioner is a health care professional of a description prescribed under section 28Q above, one member of the panel must be a health care professional of the same description''.

(5) In paragraph 17(c), at the end insert ''or under any provision of regulations under section 28Q corresponding to that provision''.

National Health Service (Scotland) Act 1978 (c.29)

37 (1) Section 17D of the National Health Service (Scotland) Act 1978 is amended as follows.

(2) In subsection (1)(c)(ii), after ''arrangements or'' insert ''primary dental services in accordance with''.

(3) In subsection (2), in the definition of ''NHS employee''—

(a) in paragraph (c)(i), for ''36(1)(a)'' substitute ''28Q'';

(b) in paragraph (c)(ii), after ''arrangements or'' insert ''primary dental services in accordance with''.

Dentists Act 1984 (c.24)

38 In section 40(2) of the Dentists Act 1984, after paragraph (a) insert—

''(aa) by a person providing primary dental services under section 28C of the National Health Service Act 1977 or under a contract under section 28K of that Act; or''.

Community Health Councils (Access to Information) Act 1988 (c.24)

39 In section 1(6) of the Community Health Councils (Access to Information) Act 1988, in the paragraph 6B inserted into Schedule 12A to the Local Government Act 1972 (c.70)—

(a) after paragraph (a) insert—

''(aa) any particular person who is or was formerly included in, or is an applicant for inclusion in, a list under section 28Q of that Act; or

(ab) any particular person who is or was formerly providing services under a contract under section 28K of that Act; or'';

(b) in paragraph (b), for ''such a person'' substitute ''a person mentioned in paragraphs (a) to (ab) above''.

Copyright, Designs and Patents Act 1988 (c.48)

40 In section 240(4) of the Copyright, Designs and Patents Act 1988—

(a) in paragraph (a)(i), after ''1977'' insert ''(in the case of general medical services or pharmaceutical services)'';

(b) after paragraph (a) insert—

''(aa) primary dental services under Part 1 of the 1977 Act'';

(c) in paragraph (b)(i), after ''1977 Act'' insert ''(in the case of personal medical services)''.

Health and Medicines Act 1988 (c.49)

41 The Health and Medicines Act 1988 has effect subject to the following amendments.

42 In section 12(1)—

(a) omit ''The Dental Estimates Board shall be renamed as ''the Dental Practice Board'' and'';

(b) in paragraph (a), omit ''for any reference to the Dental Estimates Board there were substituted a reference to the Dental Practice Board and'';

(c) in paragraph (b)—

(i) omit ''the Dental Estimates Board or'',

(ii) for ''either or both of those Boards'' substitute ''that Board'', and

(iii) omit ''the Dental Practice Board and''.

43 In section 17(1)—

(a) omit ''36'';

(b) for ''39 or 42'' substitute ''38, 39, 41 or 42''.

Water Industry Act 1991 (c.56)

44 In Schedule 4A to the Water Industry Act 1991, in paragraph 7—

(a) in subparagraph (1), for the words from ''or'' to the end substitute ''in accordance with section 28C arrangements or of primary dental services under Part 1 of the National Health Service Act 1977'';

(b) in subparagraph (2), for the words from ''personal dental services'' to the end substitute ''''primary dental services'' and ''section 28C arrangements'' have the same meaning as in that Act.''

Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)

45 (1) Section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

(2) In paragraph (a), omit ''35''.

(3) Renumber the existing provision as subsection (1).

(4) After that provision insert—

''(2) In this Act ''worker'' also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary dental services—

(a) in accordance with arrangements made by a Primary Care Trust, Strategic Health Authority or Local Health Board under section 28C of the National Health Service Act 1977; or

(b) under a contract under section 28K of that Act entered into by him with a Primary Care Trust or Local Health Board,

and ''employer'' in relation to such an individual, regarded in that capacity, means that Trust, Authority or Board''.

Health Service Commissioners Act 1993 (c.46)

46 The Health Service Commissioners Act 1993 has effect subject to the following amendments.

47 In section 2—

(a) in subsection (1)(c), for the words from ''exercising'' to the end substitute ''not exercising functions only or mainly in Wales'';

(b) in subsection (2)(b), for the words from ''exercising'' to the end substitute ''not exercising functions only or mainly in England''.

48 (1) Section 2A is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), omit ''or general dental services'';

(b) after paragraph (a) insert—

''(aa) individuals providing primary dental services under a contract made with a Primary Care Trust under section 28K of that Act;'';

(c) in paragraph (c), for ''personal dental services'' substitute ''primary dental services''.

(3) In subsection (2)—

(a) in paragraph (a), omit ''or general dental services'';

(b) after paragraph (a) insert—

''(aa) individuals providing primary dental services under a contract made with a Local Health Board under section 28K of that Act;'';

(c) in paragraph (c), for ''personal dental services'' substitute ''primary dental services''.

49 In section 6(5)—

(a) omit ''36'';

(b) for ''39 or 42'' substitute ''38, 39, 41 or 42''.

50 In section 18(1), after ''partly'' insert ''or wholly''.

Employment Rights Act 1996 (c.18)

51 (1) Section 43K of the Employment Rights Act 1996 is amended as follows.

(2) In subsection (1), after paragraph (b) insert—

''(ba) works or worked as a person performing primary dental services under a contract entered into by him with a Primary Care Trust or Local Health Board under section 28K of the National Health Service Act 1977,''.

(3) In subsection (2), after paragraph (a) insert—

''(aa) in relation to a worker falling within paragraph (ba) of that subsection, the Primary Care Trust or Local Health Board referred to in that paragraph.''

Education Act 1996 (c.56)

52 In section 520(1) of the Education Act 1996, for ''(1A)'' substitute ''16CB''.

National Health Service (Primary Care) Act 1997 (c.46)

53 The National Health Service (Primary Care) Act 1997 has effect subject to the following amendments, which extend to England and Wales only.

54 (1) Section 1 is amended as follows.

(2) In subsections (1)(b), (2) and (3)(a), for ''personal dental services'' substitute ''primary dental services''.

(3) Omit subsection (5)(b).

(4) In subsection (8), omit the definition of ''personal dental services'' and the preceding ''and''.

55 (1) Section 2 is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a), after ''NHS trust'' insert ''or NHS foundation trust'';

(b) in paragraph (f), after ''Primary Care Trust'' insert ''or Local Health Board''.

In subsection (3), in the definition of ''NHS employee''—

(a) after ''health service'' insert ''or the health service in Northern Ireland'';

(b) in paragraph (a), after ''NHS trust'' insert ''or NHS foundation trust or (in Northern Ireland) a Health and Social Services Trust'';

(c) after that paragraph insert—

''(aa) a Primary Care Trust or Local Health Board;''.

56 (1) Section 3 is amended as follows.

(2) In subsection (1), for ''personal'' substitute ''primary''.

(3) In subsection (2), for paragraphs (a) to (f) substitute—

''(a) an NHS trust or NHS foundation trust;

(b) a Primary Care Trust or Local Health Board;

(c) a dental practitioner who meets the prescribed conditions;

(d) a health care professional who meets the prescribed conditions;

(e) an individual who is providing services—

(i) under a general dental services contract;

(ii) in accordance with that pilot scheme or another pilot scheme;

(f) an NHS employee or pilot scheme employee;

(g) a qualifying body.''

(4) In subsection (3)—

(a) omit the definition of ''dental list'';

(b) in the definition of ''NHS employee'', after ''health service'' insert ''or the health service in Northern Ireland'';

(c) in that definition, for paragraphs (a) to (c) substitute—

''(a) an NHS trust or (in Northern Ireland) a Health and Social Services Trust;

(b) an NHS foundation trust;,

(c) a Primary Care Trust or Local Health Board;

(d) an individual who is providing services under a general dental services contract;

(e) a dental practitioner whose name is included in a list prepared in accordance with regulations under section 25(2)(a) of the 1978 Act; or

(f) a dental practitioner whose name is included in a list kept under article 61 of the Health and Personal Social Services (Northern Ireland) Order 1972 (1972 No. 1256 (N.I.14))'';

(d) in the definition of ''pilot scheme employee'', for ''personal'' substitute ''primary''';

(e) in the definition of ''qualifying body'' for ''paragraph (a), (b), (c), (e) or (f)'' substitute ''any of paragraphs (a) to (f).''

57 In section 40(2), in the definition relating to ''personal medical services'' and ''personal dental services'', for the words from ''and'' to ''have'' substitute ''has''.

Health Act 1999 (c.8)

58 In Schedule 3 to the Health Act 1999, in paragraph 11(2)(d), for ''general'' substitute ''primary''.

Freedom of Information Act 2000 (c.36)

59 In Schedule 1 to the Freedom of Information Act 2000, in Part 3, after paragraph 45 insert—

''45ZA Any person providing primary dental services—

(a) in accordance with arrangements made under section 28C of the National Health Service Act 1977, or

(b) under a contract under section 28K of that Act,

in respect of information relating to the provision of those services.''

Health and Social Care Act 2001 (c.15)

60 The Health and Social Care Act 2001 has effect subject to the following amendments.

61 In section 28(4), for ''personal dental services'' substitute ''primary dental services''.

62 (1) Schedule 1 is amended as follows.

(2) After paragraph 10 insert—

''10A. Information relating to a particular person who—

(a) is or was formerly providing primary dental services under section 28K of the 1977 Act;

(b) is or was formerly included in, or is an applicant for inclusion in, a list under section 28Q of that Act.''

(3) In paragraph 12, for ''personal dental services'' substitute ''primary dental services''.

(4) In paragraph 13, after ''10'' insert ''10A''.

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

63 (1) Section 17 of the National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

(2) In subsection (1)—

(a) after paragraph (f) insert—

''(fa) persons providing primary dental services under Part 1 of the 1977 Act'';

(b) in paragraph (g), after ''Act or'' insert ''personal medical services''.

(3) In subsection (2), for ''(1)(g)'' substitute ''(1)(fa), (g)''.'.—[Mr. Hutton.]

Brought up, read the First and Second time, and added to the Bill.

Clauses 172 to 175 ordered to stand part of the Bill.