National Health Service (Amendment) Act 1986
| Year | 1986 |
National Health Service(Amendment) Act 1986
1986 CHAPTER 66
An Act to apply certain enactments, orders and regulations relating to food and health and safety to certain health service bodies and premises; to make further provision as to pharmaceutical services under the National Health Service Act 1977 and the National Health Service (Scotland) Act 1978 and the remuneration of persons providing those services, general medical services, general dental services or general ophthalmic services under those Acts; to provide further, as respects Scotland, as to co-operation among certain bodies in securing and advancing the health of disabled persons, the elderly and others; and for connected purposes.
[7th November 1986]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Application of food legislation to health authorities and health service premises.
(1) For the purposes of food legislation—
(a ) a health authority shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; and
(b ) premises used by a health authority shall not be regarded as property of or property held on behalf of the Crown.
(2) The appropriate authority may by regulations—
(a ) provide who is to be treated as the occupier or owner of any such premises for any of those purposes; and
(b ) make such modifications of the food legislation, in its application to health authorities, as appear to the authority to be necessary for its effective operation in relation to them.
(3) The powers to make regulations conferred by subsection (2) above shall be exercisable by statutory instrument.
(4) A statutory instrument containing regulations made in the exercise of the power conferred by paragraph (a ) of that subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) A statutory instrument containing regulations made in the exercise of the power conferred by paragraph (b ) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.
(6) Section 125 of the 1977 Act and section 101 of the 1978 Act shall have no effect in relation to any action, liability, claim or demand arising out of the food legislation.
(7) In this section—
(a ) as respects England Wales—
(ii) ‘the food legislation’ means the Food Act 1984 and any regulations or order made under it;
(iii) ‘health authority’ has the meaning assigned to it by section 128 of the 1977 Act;
(b ) as respects Scotland—
(i) ‘the appropriate authority’ means the Secretary of State;
(8) This section shall have no effect in relation to anything done or omitted before its commencement.
2 Health and safety legislation.
(1) For the purposes of health and safety legislation—
(a ) a health authority shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown: and
(b ) premises used by a health authority shall not be regarded as property of or property held on behalf of the Crown.
(2) In this section—
‘health authority’—
(a ) as respects England and Wales, has the meaning assigned to it by section 128 of the 1977 Act; and
(b ) as respects Scotland, means a Health Board constituted under section 2 of the 1978 Act, the Common Services Agency constituted under section 10 of that Act or a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984 ; and
‘the health and safety legislation’ means—
(a ) the Health and Safety at Work etc. Act 1974 and the regulations, orders and other instruments in force under it; and
(b ) the enactments specified in the third column of Schedule 1 to that Act and the regulations, orders and other instruments in force under those enactments.
(3) Section 125 of the 1977 Act and section 101 of the 1978 Act shall have no effect in relation to any action, liability, claim or demand arising out of the health and safety legislation.
(4) This section shall have no effect in relation to anything done or omitted before its commencement.
3 Pharmaceutical services.
(1) The following section shall be substituted for section 42 of the 1977 Act—
42 ‘Regulations as to pharmaceutical services.
(1) Regulations shall provide for securing that arrangements made by a Family Practitioner Committee under section 41 above will enable persons in the Comittee's locality for whom drugs, medicines or appliances mentioned in that section are ordered as there mentioned to receive them from persons with whom such arrangements have been made.
(2) The regulations shall include provision—
(a ) for the preparation and publication by a Committee of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in the Committee's locality;
(b ) that an application to a Committee for inclusion in such a list shall be made in the prescribed manner and shall state—
(i) the services which the applicant will undertake to provide and, if they consist of or include the supply of appliances, which appliances he will undertake to supply; and
(ii) the premises from which he will undertaken to provide those services;
(c ) that, except in prescribed cases—
(i) an application for inclusion in such a list by a person not already included; and
(ii) an application by a person already included in such a list for inclusion also in respect of services or premises other than those already listed in relation to him.
shall be granted only if the Committee is satisfied, in accordance with the regulations, that it is necessary or desirable to grant it in order to secure in the neighbourhood in which the premises are located the adequate provision by persons included in the list of the services, or some of the services, specified in the application; and
(d ) for the removal of an entry in respect of premises from a list if it has been determined in the prescribed manner that the person to whom the entry relates—
(i) has never provided from those premises; or
(ii) has ceased to provide from them, the services, or any of the services, which he is listed as undertaking to provide from them.
(3) The regulations may include provision—
(a ) that an application to a Committee may be granted in respect of some only of the services specified in it;
(b ) that an application to a Committee relating to services of a prescribed description shall be granted only if it appears to the Committee that the applicant has satisfied such conditions with regard to the provision of those services as may be prescribed;
(c ) that the inclusion of a person in a list in pursuance of such an application may be for a fixed period;
(d ) that, where the premises, from which an application states that the applicant will undertake to provide services are in an area of a prescribed description, the applicant shall not be included in the list unless his inclusion is approved by a prescribed body and by reference to a prescribed criterion; and
(e ) that the prescribed body may give its approval subject to conditions.
(4) The regulations shall include provision conferring on such persons as may, be prescribed rights of appeal from decisions made by virtue of this section.
(5) The regulations shall be so, framed as to preclude—
(a ) a person included in a list published under subsection (2)(a ) above; and
(b ) an employee of such a person;
from taking part in the decision whether an application such as is mentioned in subsection (2)(c ) above should be granted or an...
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