Health and Social Care Bill (HC Bill 221)

(a) before paragraph (a) insert—

“(za) the Board,

(zb) a commissioning consortium,”,

(b) omit paragraph (a), and

(c) 5omit paragraph (b).

7 In section 11 (arrangements to be treated as NHS contracts), in subsection
(1)—

(a) after “under which” insert “the Board,”,

(b) omit “a Strategic Health Authority,” and

(c) 10omit “a Primary Care Trust”.

8 (1) Section 12 (arrangements with other bodies) is amended as follows.

(2) In subsection (1) for “any service under this Act” substitute “anything which
the Secretary of State has a duty or power to provide, or arrange for the
provision of, under section 2A or 2B or Schedule 1”.

(3) 15For subsection (2) substitute—

“(2) The bodies with whom arrangements may be made under subsection
(1) include—

(a) the Board,

(b) commissioning consortia,

(c) 20any other public authorities, and

(d) voluntary organisations.”

(4) For subsection (3) substitute—

“(3) The Secretary of State may make available any facilities provided by
the Secretary of State under section 2A or 2B or Schedule 1 to any
25service provider or to any eligible voluntary organisation.

(3A) In subsection (3)—

• “eligible voluntary organisation” means a voluntary
  organisation eligible for assistance under section 64 or section
  65 of the Health Services and Public Health Act 1968;

• 30“service provider” means a person or body with whom the
  Secretary of State has made an arrangement under subsection
  (1).”

(5) In subsection (4) omit—

(a) paragraph (b), and

(b) 35paragraph (c).

(6) For the cross-heading preceding section 12 substitute “Arrangements with
other bodies”.

9 After section 12 insert—

“12ZA Commissioning arrangements by the Board or consortia

(1) 40This section applies in relation to arrangements made by the Board
or a commissioning consortium in the exercise of functions under
section 3, 3A, 3B or 4 or Schedule 1.

(2) The arrangements may be made with any person or body (including
public authorities and voluntary organisations).

(3) If the Board or a commissioning consortium arranges for the
provision of facilities by a service provider, it may also make
5arrangements for those facilities to be made available to another
service provider or to an eligible voluntary organisation.

(4) The Board or a commissioning consortium may make available any
of its facilities to—

(a) a service provider, or

(b) 10an eligible voluntary organisation.

(5) Where facilities are made available under subsection (4) any of the
following persons may make available the services of any employee
of that person who is employed in connection with the facilities—

(a) the Secretary of State,

(b) 15the Board,

(c) a commissioning consortium,

(d) a Special Health Authority, or

(e) a Local Health Board.

(6) Goods or materials may be made available under this section either
20temporarily or permanently.

(7) Any power to supply goods or materials under this section
includes—

(a) a power to purchase or store them, and

(b) a power to arrange with third parties for the supply of goods
25or materials by those third parties.

(8) Powers under this section may be exercised on such terms as may be
agreed, including terms as to the making of payments.

(9) In this section—

• “eligible voluntary organisation” means a voluntary
  30organisation eligible for assistance under section 64 or section
  65 of the Health Services and Public Health Act 1968;

• “service provider” means a person or body with whom the
  Board or a commissioning consortium has made
  arrangements in the exercise of the functions mentioned in
  35subsection (1).”

10 (1) Section 12A (direct payments for health care) is amended as follows.

(2) In subsection (1) after “The Secretary of State” insert “, the Board or a
commissioning consortium”.

(3) In subsection (2)—

(a) 40for paragraph (a) substitute—

“(a) anything that the Secretary of State has a duty or
power to provide or arrange under section 2A or 2B or
Schedule 1;”

(b) after that paragraph insert—

“(aa) anything that the Board or a commissioning
consortium may or must arrange for the provision of
under this Act or any other enactment.”, and

(c) 5omit paragraphs (b) and (c).

(4) Omit subsection (4).

(5) In subsection (5), omit “or under regulations under subsection (4)”.

11 (1) Section 12B (regulations about direct payments) is amended as follows.

(2) In subsection (2), in paragraphs (d), (g), (h) and (j), for “or the Primary Care
10Trust” substitute “, the Board or a commissioning consortium”.

(3) In subsection (4) —

(a) for “or the Primary Care Trust”, in the first place it occurs, substitute
“, the Board or a commissioning consortium”, and

(b) for “or the Primary Care Trust”, in the second place it occurs,
15substitute “the Board or the commissioning consortium (as the case
may be)”.

(4) In subsection (5)—

(a) in paragraph (a), after “the Secretary of State” insert “or arranged for
by the Board or a commissioning consortium (as the case may be)”,
20and

(b) in paragraph (b) for “a Primary Care Trust with respect to the
provision of” substitute “the Board or a commissioning consortium
with respect to the arrangement for the provision of”.

12 In section 12C (direct payments pilot schemes), in subsection (9), for “the
25powers conferred by section 12A(1) or by regulations under section 12A(4)”
substitute “the power conferred by section 12A(1)”.

13 In section 12D (arrangements with other bodies relating to direct
payments)—

(a) in subsection (1) after “the Secretary of State” insert “, the Board or a
30commissioning consortium”, and

(b) in subsection (3) after “the Secretary of State” insert “, the Board or a
commissioning consortium”.

Part 2 NHS Bodies

14 35In section 28 (special health authorities), omit subsection (6).

15 Omit Chapter 5B of Part 2 (trust special administrators: Primary Care
Trusts).

16 In section 67 (effect of intervention orders), in subsection (1)—

(a) in paragraph (a)—

(i) 40omit “Strategic Health Authority,” and

(ii) omit “Primary Care Trust,” and

(b) in paragraph (b)—

(i) omit “Strategic Health Authority,” and

(ii) omit “Primary Care Trust,”.

17 In section 70 (transfer of residual liabilities)—

(a) in subsection (1)—

(i) omit “a Strategic Health Authority,”, and

(ii) 5omit “a Primary Care Trust,”, and

(b) in the heading, at the end insert “of certain health service bodies”.

18 (1) Section 71 (schemes for meeting losses and liabilities in respect of certain
health service bodies) is amended as follows.

(2) In subsection (2)—

(a) 10after “are—” insert—

“(za) the Board,

(zb) commissioning consortia,”,

(3) In subsection (2A), in paragraph (b) for “paragraphs (a) to (h)” substitute
“paragraphs (za) to (h)”.

(4) In subsection (3)(a)—

(a) 20after “the Secretary of State” insert “or the Board”,

(b) omit “Strategic Health Authority,”, and

(c) omit “Primary Care Trust,”.

(5) In subsection (5), for “(a) to (d),” substitute “(c), (d),”.

(6) In subsection (6)—

(a) 25after “the Secretary of State,” insert “the Board or”,

(b) omit “Strategic Health Authority,” and

(c) omit “Primary Care Trust,”.

19 In section 73 (directions and regulations), in subsection (1) omit paragraphs
(c) to (f).

20 30Omit Schedule 2.

21 Omit Schedule 3.

22 In Schedule 4, in paragraph 15, omit sub-paragraphs (2) and (3).

23 (1) Schedule 6 (special health authorities established under section 28) is
amended as follows.

(2) 35In paragraph 3(8)—

(a) for “to a Strategic Health Authority” substitute “to the Board”, and

(b) for “a Strategic Health Authority” substitute “the Board”.

(3)
In paragraph 3(12)—

(a) in paragraph (a) for “of a Strategic Health Authority” substitute “of
40the Board”, and

(b) in paragraph (b) omit “or by a Strategic Health Authority”.

(4) In paragraph 13 for “a Strategic Health Authority” substitute “the Board”.

Part 3 Local authorities

24 In section 74 (supply of goods and services by local authorities), in
subsection (1)(a)—

(a) 5at the beginning insert “the Board and”,

(b) after “any” insert “commissioning consortium or,”,

(c) omit “Strategic Health Authority,” and

(d) omit “or Primary Care Trust”.

25 In section 76 (power of local authorities to make payments), in subsection
10(1)—

(a) after the first “to” insert “the Board, a commissioning consortium”,

(b) omit “a Strategic Health Authority,” and

(c) omit “a Primary Care Trust”.

26 In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit “a
15Primary Care Trust or”.

27 In section 78 (directed partnership agreements), in subsection (3)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

28 (1) Section 80 (supply of goods and services by the Secretary of State) is
20amended as follows.

(2) In subsection (1)—

(a) after “The Secretary of State” insert “, the Board or a commissioning
consortium”, and

(b) in paragraph (b) for “he” substitute “the Secretary of State”.

(3) 25In subsection (3)—

(a) in paragraph (a) omit “or by a Primary Care Trust”, and

(b) in paragraph (b)—

(i) omit “a Strategic Health Authority,” and

(ii) omit “a Primary Care Trust,”.

(4) 30After subsection (3) insert—

“(3A) The Board or a commissioning consortium may make available to
persons falling within subsection (1)—

(a) any facilities the provision of which is arranged by the Board
or (as the case may be) the consortium under this Act,

(b) 35any facilities of the Board or (as the case may be) the
consortium, and

(c) the services of persons employed by the Board or (as the case
may be) the consortium.”

(5) In subsection (4) after “carry out” insert “, and the Board or a commissioning
40consortium may arrange for the carrying out of,”.

(6) In subsection (5), for “The Secretary of State” substitute “The Board”.

(7) In subsection (6)—

(a) in paragraph (a), after “provided” insert “by the Secretary of State”,

(b) in paragraph (b)—

(i) omit “a Strategic Health Authority,” and

(ii) omit “a Primary Care Trust,” and

(c) in paragraph (c)—

(i) 5omit “a Strategic Health Authority,” and

(ii) omit “a Primary Care Trust,”.

(8) After subsection (6) insert—

“(6A) The Board and each commissioning consortium must make available
to local authorities—

(a) 10any services (other than the services of any person) or other
facilities the provision of which is arranged by the Board or
(as the case may be) the consortium under this Act,

(b) the services of persons employed by the Board or (as the case
may be) the consortium, and

(c) 15any facilities of the Board or (as the case may be) the
consortium,

so far as is reasonably necessary and practicable to enable local
authorities to discharge their functions relating to social services,
education and public health.”

(9) 20In subsection (7)—

(a) for “The Secretary of State” substitute “The Board”,

(b) at the end of paragraph (c) insert “or”, and

(c) omit paragraph (e) and the word “or” immediately preceding it.

(10) After that subsection insert—

“(8) 25The Secretary of State may arrange to make available to local
authorities the services of persons providing Special Health
Authorities or Local Health Boards with services of a kind provided
as part of the health service, so far as is reasonably necessary and
practicable to enable local authorities to discharge their functions
30relating to social services, education and public health.

(9) The Board or a commissioning consortium may arrange to make
available to local authorities the services of persons providing
services pursuant to arrangements made under this Act by the Board
or (as the case may be) the consortium, so far as is reasonably
35necessary and practicable to enable local authorities to discharge
their functions relating to social services, education and public
health.”

(11) In the title to section 80, after “Secretary of State” insert “, the Board and
consortia”.

(12) 40Until the commencement of section 30, subsection (8) of section 80 of the
National Health Service Act 2006 (as inserted by sub-paragraph (10)) has
effect as if after “Special Health Authorities” there were inserted “, Primary
Care Trusts”.

29 (1) Section 81 (conditions of supply under section 80) is amended as follows.

(2) 45In subsection (1)—

(a) for the words from the beginning to “that section” substitute “Before
a person makes the services of any officer available under section
80(3)(b), (3A)(b), (6)(b) or (c) or (6A)(b), the person must”,

(b) in paragraph (a) for “the Secretary of State” substitute “the person”,
5and

(c) in paragraph (b) at the beginning insert “where the person is the
Secretary of State and is not the officer’s employer,”.

(3) In subsection (2)—

(a) for “The Secretary of State” substitute “The person concerned”, and

(b) 10for “he” substitute “it”.

(4) In subsection (3)—

(a) omit “Strategic Health Authorities,”, and

(b) omit “Primary Care Trusts,”.

(5) In subsection (4) for “the Secretary of State” substitute “the person who
15makes the services available”.

(6) In subsection (5) —

(a) for the words from the beginning to “section 80(6)” substitute “A
person who makes services or facilities available under section 80(6)
or (6A) may make such charges in respect of them”, and

(b) 20for “the Secretary of State” substitute “the person”.

Part 4 Medical services

30 (1) Section 83 (duty relating to primary medical services) is amended as follows.

(2) For subsections (1) and (2) substitute—

“(1) 25The Board must, to the extent that it considers necessary to meet all
reasonable requirements, exercise its powers so as to secure the
provision of primary medical services throughout England.

(2) The Board may (in addition to any other power conferred on it) make
such arrangements for the provision of primary medical services as
30it considers appropriate; and it may in particular make contractual
arrangements with any person.

(2A) Arrangements made for the purposes of subsection (1) or (2) may
include arrangements for the performance of a service outside
England.”

(3) 35In subsection (3) of that section, for “Each Primary Care Trust” substitute
“The Board”.

(4) Omit subsection (4).

(5) For the cross-heading preceding that section substitute “Duty of the Board
in relation to primary medical services”.

31 (1) 40Section 84 (general medical services contracts: introductory) is amended as
follows.

(2) In subsection (1), for “A Primary Care Trust” substitute “The Board”.

(3) In subsections (3) and (5), for “the Primary Care Trust” substitute “the
Board”.

(4) In subsection (4), for paragraph (b) substitute—

“(b) services to be performed outside England.”

32 5In section 86 (persons eligible to enter into general medical services
contracts), in subsection (1), for “A Primary Care Trust” substitute “The
Board”.

33 In section 87 (general medical services contracts: payments), in subsection
(3)(d), for “a Primary Care Trust” substitute “the Board”.

34 (1) 10In section 89 (general medical services contracts: required terms), in
subsection (4)(a), for “a Primary Care Trust” substitute “the Board”.

(2) The variations to contract terms that may be imposed by virtue of subsection
(2)(d) of that section include, in particular, variations in consequence of the
establishment of commissioning consortia.

35 (1) 15Section 91 (persons performing primary medical services) is amended as
follows.

(2) In the following provisions, for “a Primary Care Trust” substitute “the
Board”—

(a) subsection (1), in each place it occurs,

(b) 20subsection (3)(j),

(c) subsection (4)(a), (b) and (d), and

(d) subsection (6)(a) and (b).

(3) In subsection (2), for paragraph (b) substitute—

“(b) the Board is responsible for a medical service if it secures its
25provision by or under any enactment.”

(4) In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

36 (1) Section 92 (arrangements by Strategic Health Authorities for the provision
of primary medical services) is amended as follows.

(2) For subsection (1) substitute—

“(1) 30The Board may make agreements, other than arrangements pursuant
to section 83(2) or general medical services contracts, under which
primary medical services are provided.”

(3) Omit subsection (6).

(4) Omit subsection (7).

(5) 35For the title to that section substitute “Arrangements by the Board for the
provision of primary medical services”.

(6) The provision which may be made by virtue of section 302(8)(a) of this Act
in an order under section 304 of this Act providing for the commencement
of this paragraph includes, in particular, provision enabling the National
40Health Service Commissioning Board to direct Primary Care Trusts to
exercise its functions under section 92 pending the commencement of
section 30 of this Act.

37 (1) Section 93 (participants in section 92 arrangements) is amended as follows.

(2) In subsection (1)—

(a) for “A Strategic Health Authority” substitute “The Board”, and

(b) omit paragraph (g).

(3) In subsection (3), in the definition of “NHS employee”, in paragraph (b),
5omit “Primary Care Trust or”.

(4) In that subsection, in the definition of “qualifying body”, for “(e) or (g)”
substitute “or (e)”.

38 (1) Section 94 (regulations about section 92 arrangements) is amended as
follows.

(2) 10In subsection (2), for “Strategic Health Authorities” substitute “the Board”.

(3) In subsection (3), after paragraph (c) insert—

“(ca) make provision with respect to the performance outside
England of services to be provided in accordance with section
92 arrangements,”.

(4)
15In subsection (6), for “a Primary Care Trust” substitute “the Board”.

(5) The variations of arrangements which may be imposed by virtue of
subsection (3)(f) include, in particular, variations in consequence of the
establishment of commissioning consortia.

39 Omit section 95 (transfer of liabilities relating to section 92 arrangements).

40 (1) 20Section 96 (assistance and support) is amended as follows.

(2) In subsection (1)—

(a) for “A Primary Care Trust” substitute “The Board”, and

(b) before paragraph (a) insert—

“(za) primary medical services pursuant to section 83(2),”.

(3) 25In subsection (2), for “a Primary Care Trust” substitute “the Board”, and for
“the Primary Care Trust” substitute “the Board”.

41 (1) Section 97 (Local Medical Committees) is amended as follows.

(2) In subsection (1), for the words from the beginning to “other Primary Care
Trusts” substitute “The Board may recognise a committee formed for an
30area”.

(3) In subsection (3)—

(a) in paragraph (a), omit sub-paragraph (i), and

(b) in paragraph (b), for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.

(5) 35Omit subsection (7).

(6) In subsection (10)—

(a) for “A Primary Care Trust” substitute “The Board”, and

(b) in paragraphs (a) and (b), for “the Primary Care Trust” substitute
“the Board”.

Part 5 Dental services

42 (1) Section 99 (duty relating to primary dental services) is amended as follows.

(2) For subsection (1) substitute—

“(1) 5The Board must, to the extent that it considers necessary to meet all
reasonable requirements, exercise its powers so as to secure the
provision of primary dental services throughout England.

(1A) Arrangements made for the purposes of subsection (1) may include
arrangements for the performance of a service outside England.”

(3) 10Omit subsection (2).

(4) In subsection (3)—

(a) for “Each Primary Care Trust” substitute “The Board”, and

(b) for “for which it makes provision” substitute “for which provision is
made”.

(5) 15Omit subsection (4).

(6) For the cross-heading preceding that section substitute “Duty of the Board
in relation to primary dental services”.

43 (1) Section 100 (general dental services contracts: introductory) is amended as
follows.

(2) 20In subsection (1), for “A Primary Care Trust” substitute “The Board”.

(3) In subsections (3) and (4), for “the Primary Care Trust” substitute “the
Board”.

(4) In subsection (3), in paragraph (a), after “dental services” insert “or services
which are to be performed outside England”.

44 25In section 102 (persons eligible to enter into general dental services
contracts), in subsection (1), for “A Primary Care Trust” substitute “The
Board”.

45 In section 103 (general dental services contracts: payments), in subsection
(3)(d), for “a Primary Care Trust” substitute “the Board”.

46 30In section 104 (general dental services contracts: required terms), in
subsection (3) for “a Primary Care Trust” substitute “the Board”.

47 (1) Section 106 (persons performing primary dental services) is amended as
follows.

(2) In the following provisions, for “a Primary Care Trust” substitute “the
35Board”—

(a) subsection (1), in each place it occurs,

(b) subsection (3)(j),

(c) subsection (4)(a), (b) and (d), and

(d) subsection (6)(a) and (b).