National Health Service Act 1977

National Health Service Act 1977[a]
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn Act to consolidate certain provisions relating to the health service for England and Wales; and to repeal certain enactments relating to the health service which have ceased to have any effect.
Citation1977 c. 49
Introduced bySecretary of State for Social Services (Commons)
Territorial extent England and Wales[b]
Dates
Royal assent29 July 1977
Commencement29 August 1977[c]
Other legislation
Amends
Repeals/revokesSee § Repealed enactments
Amended by
Relates to
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the National Health Service Act 1977 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The National Health Service Act 1977 (c. 49) is an act of the Parliament of the United Kingdom that sought to remove private provision from the National Health Service in England and Wales.[1]

Background

The Labour Party manifesto for the 1974 general election had included a pledge to abolish pay beds in the NHS. Barbara Castle, who had been made Secretary of State for Social Services in 1974, stated in the 1975 Queen's Speech debate that, 'The existence of pay beds, with the opportunity it gives to a few senior doctors to make private gain and the opportunity it gives to patients with money to jump the queue, is seen as a bitter affront to those thousands of other staff who are dedicated to the principle of a free health service.'[1]

The abolition of private provision in the NHS met with opposition from some doctors who saw it as a threat to their independence and private income. Castle was also pushing to incentivise consultants to commit full time to NHS work (rather than part-time alongside private work) in their contract negotiations.[1]

Harold Wilson asked Lord Goodman to mediate between Castle and the medical profession. He also established a Royal Commission on the National Health Service in 1975.[1]

In response to the financial challenges the NHS faced under Castle at a time of economic instability, she established the Resource Allocation Working Party to lessen the differences in health spending in England between the north and the south.[1]

Castle was removed from the cabinet by James Callaghan in 1976 and was succeeded at the Department of Health and Social Security by David Ennals. He successfully navigated the National Health Service Act 1977 through the House of Commons, which separated private and NHS facilities and sought the gradual removal of provision for private patients in NHS hospitals. However, the provisions relating to pay beds were repealed by the incoming Conservative government in the Health Services Act 1980.[1]

Provisions

Repealed enactments

Section 129(b) of the act repealed 20 enactments, listed in schedule 16 to the act.[2]

Citation Short title Extent of repeal
26 Geo. 5 & 1 Edw. 8. c. 49 Public Health Act 1936 Section 203.
9 & 10 Geo. 6. c. 81 National Health Service Act 1946 The whole act.
12, 13 & 14 Geo. 6. c. 93 National Health Service (Amendment) Act 1949 Section 8. Sections 10 and 11. Sections 14 to 18. Sections 20(1) and 21. Section 23. Section 25. Sections 28 and 29(1). In section 32(1), the words from "and this Act" where they first occur to "1946 and 1949". In the Schedule, Part I.
14 & 15 Geo. 6. c. 31 National Health Service Act 1951 The whole act.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 25 National Health Service Act 1952 The whole act.
7 & 8 Eliz. 2. c. 72 Mental Health Act 1959 In section 8(4), the words "Part III of the National Health Service Act, 1946, and under". In section 128(1), in paragraph (b), the words "the National Health Service Act, 1946, or", and the words, "or the National Health Service Reorganisation Act 1973". In Schedule 7, the entries relating to the National Health Service Act 1946, and the National Health Service (Amendment) Act 1949.
8 & 9 Eliz. 2. c. 49 Public Health Laboratory Service Act 1960 The whole act.
9 & 10 Eliz. 2. c. 19 National Health Service Act 1961 The whole act.
1964 c. 60 Emergency Laws (Re-enactments and Repeals) Act 1964 Section 5. In section 15, the words "the National Health Service Acts 1946 to 1973", and the words "and the corresponding enactments of the Parliament of Northern Ireland".
1965 c. 42 Public Health (Notification of Births) Act 1965 The whole act.
1966 c. 8 National Health Service Act 1966 In section 12(2), from the words "so far as" where they first occur to the words "and this Act".
1968 c. 46 Health Services and Public Health Act 1968 Part I. In section 63(8), in paragraph (a) of the definition of "the relevant enactments", the words "the 1946 Act". In section 64(3), paragraph (a)(ii) and paragraph (a)(xvi). In section 65(3), paragraph (b)(ii) and paragraph (b)(xvii). In section 79(1), from the words "and the" where they first occur to the words "1946 to 1968". In Schedule 2, Part I.
1968 c. 67 Medicines Act 1968 In Schedule 5, paragraph 11.
1970 c. 42 Local Authority Social Services Act 1970 In Schedule 1, in the entry relating to the Health Services and Public Health Act 1968, the references to sections 12 and 13 in the column headed "Enactment" and in the column headed "Nature of functions".
1972 c. 70 Local Government Act 1972 In Schedule 23, paragraphs 1, 5, 15(1) and (2).
1973 c. 32 National Health Service Reorganisation Act 1973 Sections 2 to 13. In section 15(3), the words "and in particular nothing in any provision of this Act amending section 55 of the principal Act (which relates to accounts)". Sections 21 and 22. Section 28. Part III. Section 40. Sections 42 and 43. Sections 45 to 48. Sections 50 to 53. Section 54(1) and (5). In section 55(1), the definitions of "special hospital" and "Special Trustees". In section 56—(a) in subsection (1), in paragraph (a), the words "or by virtue of section 34(1)(h) or (6) of this Act or subsection (6) of the following section"; (b) in subsection (3), the reference "23(2)"; (c) in subsection (4), the words "and any power conferred by section 7 of this Act to give directions by an instrument in writing"; (d) in subsection (5), the words "other than section 7". In section 57, subsections (1) and (6). In section 58—(a) in subsection (1), the word "and" where it first occurs, and paragraph (a); (b) subsection (6). Schedules 1, 3 and 4.
1974 c. 7 Local Government Act 1974 In Schedule 6, paragraph 21.
1976 c. 48 Parliamentary and other Pensions and Salaries Act 1976 Section 7.
1976 c. 59 National Health Service (Vocational Training) Act 1976 The whole act.
1976 c. 83 Health Services Act 1976 Section 2. Sections 4 and 5. Sections 7 to 11. In section 23—(a) in subsection (1), the definitions of "the 1946 Act" and "the National Health Service Acts"; (b) subsections (3) to (5). In Schedule 1, Part V. Schedule 3. In Schedule 4, Part I.

See also

Notes

  1. ↑ Section 130(1).
  2. ↑ Section 130(2).
  3. ↑ Section 130(5).

References

  1. 1 2 3 4 5 6 "Labour attempts to abolish private provision in the NHS". The Health Foundation. Retrieved 1 August 2024.
  2. ↑ "National Health Service Act 1977", legislation.gov.uk, The National Archives, 1977 c. 49 Text was copied from this source, which is available under an Open Government Licence v3.0. © Crown copyright.
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