(2) In subsection (1), for “him or a relevant body” substitute “the Board”.

(3) In subsection (3), in paragraph (a)—

(a) for “himself or such relevant body as may be prescribed” substitute
“the Board”, and

(b) 5for “he or the prescribed body” substitute “the Board”.

(4) In paragraph (b) of that subsection—

(a) for “him or such relevant body as may be prescribed” substitute “the
Board”, and

(b) for “him or by the prescribed body” substitute “the Board”.

(5) 10After subsection (6) insert—

“(6A) The Board may direct a Special Health Authority, or such other body
as may be prescribed, to exercise any of the Board’s functions under
regulations under this section.”

(6) Omit subsection (10).

(7) 15In subsection (11), at the end insert “in accordance with the regulations”.

(8) Omit subsection (12).

(9) For the title to section 180 substitute “Payments in respect of costs of optical
appliances and sight tests”.

97 (1) Section 181 (provision supplementary to section 180) is amended as follows.

(2) 20In subsection (3), omit the words from “(whether” to the end.

(3) Omit subsection (9).

98 (1) Section 183 (payment of travelling expenses) is amended as follows.

(2) In paragraph (a) —

(a) after “the Secretary of State” insert “, the Board, a commissioning
25consortium,”, and

(b) omit “, a Primary Care Trust,”.

(3) In paragraph (b)—

(a) after “by” insert “the Board,”,

(b) omit “a Primary Care Trust”, and

(c) 30before the first “to” insert “or a commissioning consortium”, and

(d) omit the words from “and” to “Trust,”.

(4) In paragraph (c)—

(a) after “by” insert “the Board,”,

(b) omit “a Primary Care Trust”, and

(c) 35before the first “to” insert “or a commissioning consortium”.

99 In section 185 (charges for more expensive supplies), in subsection (2)—

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

(b) omit “a Primary Care Trust,”.

100 40In section 186 (charges for repairs and replacements in certain cases), in
subsection (2)—

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

(b) omit “a Primary Care Trust,”.

101 In section 187 (charges for designated services or facilities) for the words
5from “designated” to the end substitute “of a kind mentioned in section
3(1)(d) or (e) (whether provided in pursuance of those provisions or any
other provision of this Act)”.

102 In section 188 (sums otherwise payable to those providing services), in
subsection (2) —

(a) 10after the first “by” insert “the Board or a commissioning
consortium,”, and

(b) omit “a Primary Care Trust”.

Part 9 Fraud etc.

103 (1) 15Section 195 (compulsory disclosure of documents) is amended as follows.

(2) In subsection (2) for “section 2(1)(b)” substitute “section 2”.

(3) In subsection (3) —

(a) for “section 2(1)(b)” substitute “section 2”,

(b) in paragraph (a) after “(“NHS services”)” insert “or in arranging for
20the provision of such services”,

(c) in paragraph (d) after “NHS services” insert “or with arranging for
the provision of such services”, and

(d) in paragraph (f) after “NHS services” insert “or with arranging for
the provision of such services”.

104 (1) 25Section 196 (persons and bodies about which provision is made by Part 10)
is amended as follows.

(2) In subsection (2), for “section 28(6)” substitute “section 275(1)”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

“(za) 30the Board,

(zb) a commissioning consortium,”

(4) After subsection (5) insert—

“(5A) 35A “public health service contractor” means any person providing
services of any description under arrangements made in the exercise
of the public health functions of the Secretary of State or a local
authority.”

105 (1) Section 197 (notice requiring production of documents) is amended as
40follows.

(2) In subsection (1)(a) after “health service provider” insert “, public health
service contractor”.

(3) In subsection (3)(d) after “health service provider” insert “, public health
service contractor”.

106 In section 201 (disclosure of information), in subsection (3)(a) for “any of the
Secretary of State’s functions” substitute “any of the functions of the
5Secretary of State, the Board, a commissioning consortium or a local
authority”.

107 (1) Section 210 (interpretation of Part 10) is amended as follows.

(2) In subsection (1) after “health service provider” insert “, “public health
service contractor””.

(3) 10In subsection (2)(a)—

(a) after “in relation to” insert “the Secretary of State, local authorities,”,
and

(b) after “health service providers” insert “, public health service
contractors”.

15Part 10 Property and finance

108 (1) Section 211 (acquisition, use and maintenance of property) is amended as
follows.

(2) In subsection (4) for “A local social services authority” substitute “A local
20authority”.

(3) After that subsection insert—

“(4A) In subsection (4), “local authority” has the same meaning as in
section 2B.”

109 In section 213 (transfers of trust property), in subsection (2)(c)—

(a) 25after “for” insert “the Board or a commissioning consortium,”, and

(b) omit “a Primary Care Trust,.”

110 (1) Section 214 (transfer of functions and property to or from special trustees) is
amended as follows.

(2) In subsection (1)—

(a) 30after the first “by” insert “the Board, a commissioning consortium,”,
and

(b) omit “a Primary Care trust,”.

(3) In subsection (3)(a)—

(a) after “for” insert “the Board or a commissioning consortium,”, and

(b) 35omit “a Primary Care Trust,”.

111 (1) Section 215 (trustees and property under section 222) is amended as follows.

(2) Omit subsection (2)(b) and the preceding “and”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

“(za) on trust for any purposes of the Board for which
trustees have been appointed under paragraph 11 of
Schedule A1,

(zb) 5on trust for any purposes of the commissioning
consortium for which trustees have been appointed
under paragraph 12 of Schedule 1A,”, and

(b) omit paragraph (a).

(4) In subsection (4)—

(a) 10after the second “and” insert “the Board, the commissioning
consortium,”,

(b) omit “the Primary Care Trust,” (in each place it occurs), and

(c) after the second “by” insert “the Board, the consortium,”.

112 In section 217 (trusts: supplementary provisions), in subsection (1)—

(a) 15omit paragraph (f), and

(b) omit paragraph (g).

113 In section 218 (private trusts for hospitals), in subsection (4)—

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

(b) in paragraph (c) omit “or Primary Care Trust” (in both places where
20it occurs), and

(c) in paragraph (d) for “Strategic Health Authority” substitute
“Secretary of State, or the”.

114 (1) Section 222 (power to raise money) is amended as follows.

(2) In subsection (3) for “the Secretary of State” substitute “the appropriate
25authority”.

(3) After subsection (3) insert—

“(3A) In subsection (3) “appropriate authority” means—

(a) in relation to a commissioning consortium, the Board, and

(b) in relation to any other body to which this section applies, the
30Secretary of State.”

115 (1) In section 223 (formation of companies), in each of subsections (1), (2) and (5)
after “Secretary of State” insert “or the Board”.

(2) After that section insert—

“223A Application of section 223 to commissioning consortia

(1) 35Section 223 applies in relation to a commissioning consortium as it
applies in relation to the Board.

(2) But the powers conferred by that section are exercisable by a
commissioning consortium only for the purpose of securing
improvement—

(a) 40in the physical and mental health of the people for whom it
has responsibility for the purposes of section 3, or

(b) in the prevention, diagnosis and treatment of illness in such
people.”

116 Omit section 224 (means of meeting expenditure of strategic health
authorities).

117 (1) Section 226 (financial duties of Strategic Health Authorities and Special
Health Authorities) is amended as follows.

(2) 5Omit subsection (1).

(3) In subsection (3) —

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

(b) for “subsection (1) or (2)” substitute “subsection (2)”.

(4) In subsection (4) omit “Strategic Health Authority or” (in each place where
10it occurs).

(5) In subsection (5) omit “Strategic Health Authority or”.

(6) In subsection (6) omit “Strategic Health Authority or”.

(7) In subsection (7)—

(a) in paragraph (a) omit “specified Strategic Health Authority or”,

(b) 15omit paragraph (b)(i) and the word “or” immediately following it,
and

(c) omit paragraph (c)(i) and the word “or” immediately following it,
and

(d) in the words following paragraph (c) omit “Strategic Health
20Authority or”.

118 (1) Section 227 (resource limits for Strategic Health Authorities and Special
Health Authorities) is amended as follows.

(2) In subsection (1), omit “Strategic Health Authority and each”.

(3) In subsection (2)(b) omit “Strategic Health Authority or”.

(4) 25In subsection (3) omit “Strategic Health Authority or”.

(5) In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.

119 Omit sections 228 to 231 (funding of Primary Care Trusts etc).

120 In section 234 (special arrangement as to payment of remuneration), omit
subsection (4).

121 (1) 30Section 236 (payment for medical examination before application for
admission to hospital under the Mental Health Act) is amended as follows.

(2) In subsection (1), for “the Secretary of State” substitute “the prescribed
commissioning consortium”.

(3) In subsection (2)(b)—

(a) 35after “report made” insert “—

(i)”,

(b) omit “a Primary Care Trust,”,

(c) before “NHS trust” insert “an”, and

(d) at the end insert “, or

(ii) 40pursuant to arrangements made by the
National Health Service Commissioning
Board or a commissioning consortium.”

122 Omit Schedule 14 (further provision about expenditure of Primary Care
Trusts).

123 (1) Schedule 15 (accounts and audits) is amended as follows.

(2) In paragraph 1(1)—

(a) 5omit paragraph (a),

(b) omit paragraph (c), and

(c) omit paragraph (g).

(3) In paragraph 5, omit sub-paragraph (2).

(4) Omit paragraph 7.

(5) 10In paragraph 8(3) omit “or 7”.

(6) Omit paragraph 9.

Part 11 Public involvement and scrutiny

124 (1) Section 242 (public involvement and consultation) is amended as follows.

(2) 15In subsection (1A)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

(3) Omit subsections (4) and (5).

125 Omit sections 242A and 242B (duties of Strategic Health Authorities in
20relation to involvement of users).

126 In section 246 (overview and scrutiny committees: exempt information), in
subsection (3)(a), omit “, or under regulations under section 12A(4),”.

Part 12 Miscellaneous

127 (1) 25Section 256 (power of Primary Care Trusts to make payments towards
expenditure on community services) is amended as follows.

(2) In subsection (1) for “A Primary Care Trust” substitute “The Board or a
commissioning consortium”.

(3) In subsection (3)—

(a) 30for “A Primary Care Trust” substitute “The Board or a
commissioning consortium”, and

(b) for “the Primary Care Trust” substitute “the Board or (as the case
may be) the consortium”.

128 In section 257 (payments in respect of voluntary organisations under section
35256), in subsection (2) for “the Primary Care Trust” substitute “the Board or
the consortium”.

129 (1) Section 258 (university clinical teaching and research) is amended as
follows.

(2) In subsection (1)—

(a) for “The Secretary of State must exercise his functions under this
Act” substitute “The functions under this Act of the Secretary of
State, the Board and each commissioning consortium must be
5exercised”, and

(b) for “he” substitute “the Secretary of State, the Board or the
consortium (as the case may be)”.

(3) In subsection (2), in paragraph (a)—

(a) after “exercisable by” insert “the Board,”,

(b) 10after “a” insert “commissioning consortium,”,

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

(d) omit “Primary Care Trust,”.

130 (1) Section 259 (sale of medical practices) is amended as follows.

(2) In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section
1583(2)”.

(3) After that subsection insert—

“(4A) The reference in subsection (4)(e) to arrangements under section
83(2) of this Act includes a reference to arrangements made under
section 83(2)(b) of this Act before the commencement of paragraph
2028 of Schedule 4 to the Health and Social Care Act 2011 (sub-
paragraph (2) of which replaces section 83(2)).”

(4) In subsection (5), in the definition of “relevant area”—

(a) after ““relevant area”” insert “—”, and

• (a)

(b) 25at the end insert “;

• (b)

  in relation to the Board, in a case where a
  person has at any time provided or performed
  services by arrangement or contract with the
  Board, means the prescribed area (at the
  30prescribed time).”

131 Omit section 268 (persons displaced by health service development), and the
cross-heading which precedes it.

132 (1) Section 272 (orders, regulations, rules and directions) is amended as follows.

(2) In subsection (3) omit paragraph (d).

(3) 35In subsection (5) omit “a PCT order, or”.

133 (1) Section 273 (further provision about orders and directions) is amended as
follows.

(2) In subsection (3) for “by a Strategic Health Authority” substitute “by the
Board”.

(3) 40In subsection (4)(c)(ii) omit “15,”.

134 (1) Section 275 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) before the definition of “dental practitioner” insert—

• ““the Board” means the National Health Service
  Commissioning Board,

• “commissioning consortium” means a commissioning
  5consortium established under section 14D of this
  Act,”,

(b) in the definition of “health service hospital” omit “a Primary Care
Trust,”,

(c) after the definition of “modifications” insert—

• 10““NHS body” means—

  (a)

  the Board,

  (b)

  a commissioning consortium,

  (c)

  a Special Health Authority,

  (d)

  an NHS trust,

  (e)

  15an NHS foundation trust, and

  (f)

  a Local Health Board.”

(3) In subsection (3)—

(a) omit “or 15”,

(b) omit “Strategic Health Authority,” (in both places where it occurs),
20and

(c) omit “Primary Care Trust or” (in both places where it occurs).

(4) Until the commencement of section 30, the definition of “NHS body” in
section 275 of the National Health Service Act 2006 has effect as if it included
a reference to a Primary Care Trust.

135 (1) 25Section 276 (index of defined expressions) is amended as follows.

(2) Omit the entry relating to “NHS body”.

(3) Omit the entry relating to “PCT order”.

(4) After the entry relating to “provider, in relation to an NHS contract” insert—

Section 51(2)

SCHEDULE 5 Part 1: amendments of other enactments

35Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

1 In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936
(definitions)—

(a) in the definition of “voluntary hospital”, for “, NHS foundation trust
or a Primary Care Trust” substitute “or an NHS foundation trust”,
40and

(b) omit the definition of “Primary Care Trust”.

National Assistance Act 1948 (c. 29)National Assistance Act 1948 (c. 29)

2 The National Assistance Act 1948 is amended as follows.

3 (1) Section 24 (local authority’s liability for provision of accommodation) is
amended as follows.

(2) 5In subsection (6A), in paragraph (b), omit “Primary Care Trust or”.

(3) Omit subsection (6B).

(4) In consequence of the repeal made by sub-paragraph (3), omit paragraph 1
of Schedule 1 to the Health Act 2009.

4 In section 26 (provision of accommodation in premises maintained by
10voluntary organisations), in subsection (1C)—

(a) after “such” insert “commissioning consortium or”, and

(b) omit “Primary Care Trust or”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

5 In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of
15Civil Interests) Act 1951 (capacities in respect of which payments under Part
5 of the Act may be made, and paying authorities), in paragraph 15—

(a) in the first column (headed “capacity”), after “Officer of” insert “the
National Health Service Commissioning Board, a commissioning
consortium,”,

(b) 20in that column, omit “a Strategic Health Authority,”,

(c) in the second column (headed “paying authority”), after “The” insert
“National Health Service Commissioning Board, commissioning
consortium,”, and

(d) in that column, omit “Strategic Health Authority,”.

25Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

6 In Schedule 1 to the Public Records Act 1958 (bodies the records of which are
public records), in paragraph 3(2) in the Table, in second column of the first
entry relating to the Department of Health—

(a) after “Authorities including” insert “the National Health Service
30Commissioning Board, commissioning consortia,”,

(b) after “records of trust property passing to” insert “the National
Health Service Commissioning Board, a commissioning
consortium,”,

(c) after “section 161 of the National Health Service (Wales) Act 2006” (in
35the second place it occurs) insert “or under section 299 of the Health
and Social Care Act 2011”,

(d) after “or held by” insert “the National Health Service Commissioning
Board, a commissioning consortium or”, and

(e) after “that Act, or” (in the second place where it occurs) insert “by
40virtue of section 2 and section 13X of, or paragraph 17 of Schedule 1A
to, that Act, or under”.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)Public Bodies (Admission to Meetings) Act 1960 (c. 67)

7 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which the Act applies), in paragraph 1—

(a) omit paragraph (ea),

(b) 5before paragraph (g) insert—

“(fa) the National Health Service Commissioning Board,
except as regards the exercise of functions under
the National Health Service (Service Committees
and Tribunal) Regulations 1992, or any regulations
10amending or replacing those regulations;”, and

(c) omit paragraph (gg).

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

8 In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not
subject to investigation), in paragraph 8—

(a) 15in sub-paragraph (1)—

(i) after “Secretary of State by” insert “a local authority, the
National Health Service Commissioning Board, a
commissioning consortium,

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

(iii) 20omit “, a Primary Care Trust”, and

(b) in sub-paragraph (2)—

(i) after “action taken by” insert “a local authority, the National
Health Service Commissioning Board, a commissioning
consortium or”,

(ii) 25omit “a Strategic Health Authority,”, and

(iii) omit “or Primary Care Trust”.

Abortion Act 1967 (c. 87)Abortion Act 1967 (c. 87)

9 In section 1 of the Abortion Act 1967 (location of treatment for termination
of pregnancy), in subsection (3) omit “a Primary Care Trust or”.

30Leasehold Reform Act 1967 (c. 88)Leasehold Reform Act 1967 (c. 88)

10 In section 28 of the Leasehold Reform Act 1967 (land required for public
purposes)—

(a) in subsection (5), in paragraph (d)—

(i) after “to” insert “the National Health Service Commissioning
35Board, any commissioning consortium,”,

(ii) omit “any Strategic Health Authority,”, and

(iii) omit “, any Primary Care Trust”, and

(b) in subsection (6), in paragraph (c)—

(i) after “in the case of” insert “the National Health Service
40Commissioning Board, a commissioning consortium,”,

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

(iii) omit “, Primary Care Trust”.