National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1976

Publication Date:January 01, 1976

1976No. 1407

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1976

31stAugust1976

10thSeptember1976

4thOctober1976

The Secretary of State for Social Services in exercise of powers conferred by section 33(2)(d) of the National Health Service Act 1946(a) (as amended by section 57(1) of and paragraph 19 of Schedule 4 to the National Health Service Reorganisation Act 1973(b)) and now vested in him(c) and of all other powers enabling him in that behalf, hereby makes the following regulations:—

Citation and Commencement

1. These regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1976 and shall come into operation on 4th October 1976.

Amendment of regulations

2. The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974(d) as amended(e) shall be further amended as follows:—

(1) For paragraph 31 of Schedule 1 there shall be substituted the following paragraph—

"Certification

31.—(1) A doctor shall issue for his patients free of charge the certificates prescribed in Schedule 3 to these regulations, being medical certificates reasonably required by them under or for the purposes of the enactments therein specified, except when, for the condition to which the certificate relates, the patient—

(a) is being attended by another doctor (other than a partner, assistant or other deputy of the first named doctor), or

(b) is not being treated by, or under the supervision of, a doctor,

so however that the exception in sub-paragraph (a) shall not have effect in respect of a certificate issued by a doctor for a patient pursuant to the provisions of regulation 11(5)(c) of the Social

(a) 1946 c. 81.

(b) 1973 c. 32.

(c) See Secretary of State for Social Services Order 1968 (S.I. 1968/1699 (1968 III, p. 4585)) Article 2.

(d) S.I. 1974/160 (1974 I, p. 490).

(e) The amendments do not relate expressly to the subject matter of these Regulations.

Security (Claims and Payments) Regulations 1975(a) as amended by regulation 3 of the Social Security (Medical Evidence) Regulations 1976(b) (which provides for the issue of a certificate in the form of a special statement by a doctor on the basis of a written report made by another doctor).

(2) Any certificate given under paragraph (1) for the purposes of the Social Security Act 1975(c) shall be issued in accordance with any regulations made or having effect under that Act.";

(2) in Schedule 3 for the words from "National Insurance (Industrial Injuries) Acts 1965 to 1973" to the words "National Insurance Acts 1965 to 1973" there shall be substituted the words "Social Security Act 1975".

Eric Deakins, Parliamentary Under-Secretary of State, Department of Health and Social Security.

Signed by authority of the Secretary of State for Social Services 31st August 1976.

(a) S.I. 1975/560 (1975 I, p. 2014).

(b) S.I. 1976/615 (1976 I, p. 1747).

(c) 1975 c. 14.

EXPLANATORY NOTE

(This Note is not part of the Regulations.)

These Regulations further amend the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 by making provision that the statements issued by a doctor under the provisions of the Social Security (Claims and Payments) Regulations 1975 are also to be free of charge.

APPENDIX OF CERTAIN INSTRUMENTS NOT REGISTERED AS S.I.

Orders in Council, Letters Patent and Royal Instructions

relating to the Constitutions etc. of Overseas Territories or to appeals to the Judicial Committee,

Royal Proclamations, etc.

BELIZE

LETTERS PATENT passed under the Great Seal of the Realm amending the Belize Letters Patent 1964 to 1974.

Dated: 17th March 1976.

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen. Head of the Commonwealth, Defender of the Faith.

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING!

Know ye that We have declared and by these Presents do declare Our Will and Pleasure as follows:—

Citation, construction and commencement.

1.—(1) These Our Letters may be cited as the Belize Letters Patent 1976 and shall be construed as one with the Belize Letters Patent 1964 to 1974 (hereinafter called "the principal Letters Patent").

(2) The principal Letters Patent and these Our Letters may be cited together as the Belize Letters Patent 1964 to 1976.

(3) These Our Letters shall be published in the Gazette and shall come into operation on the 1st day of April 1976.

Revocation and substitution of Article 15.

2. Article 15 of the principal Letters Patent is revoked and the following Article substituted:—

Governor's special responsibilities.

"15.—(1) The Governor, acting in his discretion, shall be responsible for the following matters—

(a) external affairs;

(b) defence (including the armed forces);

(c) internal security; and

(d) the terms and conditions of service (including leave and passages) of public officers.

(2) The Governor, acting in his discretion may, by direction in writing delegate, with the prior approval of the Secretary of State, to a Minister designated by him after consultation with the Premier such responsibility for matters relating to external affairs, or (with respect to the armed forces) the Belize Volunteer Guard, as the Governor may think fit upon such conditions as he may impose".

Power reserved to Her Majesty.

3. We do hereby reserve to Ourself, Our Heirs and Successors, full power and authority to amend or revoke these Presents.

In Witness whereof We have caused these Our Letters to be made Patent.

Witness Ourself at Westminster the seventeenth day of March in the twenty-fifth year of Our Reign.

By Warrant under the Queen's Sign Manual.

Dobson

THE BRITISH INDIAN OCEAN TERRITORY (COURT OF APPEAL) ORDER 1976

At the Court at Buckingham Palace

THE 9th DAY OF JUNE 1976

PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL

Her Majesty, by virtue and in exercise of the powers in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:—

Citation and Commencement

1.—(1) This Order may be cited as the British Indian Ocean Territory (Court of Appeal) Order 1976.

(2) This Order shall come into operation on the 29th day of June 1976.

Interpretation

2.—(1) In this Order unless the context otherwise requires:—

"the Commissioner" means the Commissioner for the Territory and includes any person for the time being lawfully performing the function of the office of Commissioner;

"the Territory" means the British Indian Ocean Territory as defined in the British Indian Ocean Territory Order 1976(a).

(2) The Interpretation Act 1889(b) shall apply, with the necessary modifications, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to Acts of Parliament of the United Kingdom.

Constitution of Court of Appeal

3.—(1) There shall be a Court of Appeal for the Territory which shall be a superior court of record.

(2) The judges of the Court of Appeal shall be a President and two or more Justices of Appeal.

(3) The President and the Justices of Appeal shall be appointed by the Commissioner in accordance with instructions given by Her Majesty through a Secretary of State and shall hold office on such terms and conditions as the Commissioner shall, in accordance with such instructions, prescribe.

(4) A person shall not be qualified for appointment as the President of the Court of Appeal or a Justice of Appeal unless—

(a) he is, or has been, a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in the Republic of Ireland, or a court having jurisdiction in appeals from any such court; or

(a) S.I. 1976/893 (1976 II, p. 2248).

(b) 1889 c. 63.

(b) he is entitled to practise as an advocate or as a solicitor in such a court.

(5) For the purposes of the preceding subsection, a person shall be regarded as entitled to practise as an advocate or as a solicitor if he has been called, enrolled or otherwise admitted as such (and has not subsequently been disbarred or removed from the roll of advocates or solicitors) notwithstanding that—

(a) he holds or acts in any office the holder of which is, by reason of his office, precluded from practising in a court; or

(b) he does not hold a practising certificate or has not satisfied any other like condition of his being permitted to practise.

(6) At any time when the office of President is vacant or the person holding that office is for any reason unable to perform the functions of that office, those functions shall be performed by such one of the Justices of Appeal or such other person qualified for appointment as a Justice of Appeal as may from time to time be designated in that behalf by the Commissioner, acting in his discretion.

(7) The Court of Appeal shall have and use a seal bearing the style of the Court and a device approved by the President.

Jurisdiction of Court of Appeal

4.—(1) The Court of Appeal shall have jurisdiction to hear and determine such appeals from the courts of the Territory as may be prescribed by any law for the time being in force in the Territory.

(2) In connection with any appeal from a court of the Territory the Court of Appeal shall, subject to the provisions of this Order and any law for the time being in force in the Territory, have all the powers and jurisdiction that are possessed by that court under any law for the time being in force in the Territory; and decisions of the Court of Appeal in respect of any appeal from a court of the Territory shall, subject as aforesaid, be enforced in the Territory in the same way as decisions of that court.

(3) The Court of Appeal may, in accordance with any directions issued from time to time by the President, sit in the Territory or...

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