Health and Social Care Bill (HC Bill 221)

Health Services and Public Health Act 1968 (c. 46)Health Services and Public Health Act 1968 (c. 46)

11 The Health Services and Public Health Act 1968 is amended as follows.

12 (1) Section 63 (provision of instruction for officers of hospital authorities etc.) is
amended as follows.

(2) 5In subsection (1)—

(a) after “servants of” insert “the National Health Service
Commissioning Board or a commissioning consortium,”,

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

(c) omit “, Primary Care Trust”.

(3) 10In subsection (2)—

(a) in paragraph (a) before “or the council” insert “, the National Health
Service Commissioning Board, a commissioning consortium”, and

(b) in paragraph (b) for “a Primary Care Trust” substitute “the National
Health Service Commissioning Board”.

(4) 15In subsection (5A)—

(a) omit “Strategic Health Authority” (in each place where it occurs),
and

(b) omit “, Primary Care Trust” (in each place where it occurs).

(5) In subsection (5B)—

(a) 20omit paragraph (za), and

(b) omit paragraph (bb).

13 In section 64 (financial assistance to certain voluntary organisations), in
subsection (3)(b)—

(a) after “City of London” insert “or a service for the provision of which
25the National Health Service Commissioning Board or a
commissioning consortium has, by virtue of the National Health
Service Act 2006, a duty or power to make arrangements”,

(b) for “a Primary Care Trust or local Health Board are” substitute “a
local Health Board is”,

(c) 30omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”,
and

(d) omit “Primary Care Trust or”.

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

14 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969
35(employers exempted from insurance), in subsection (2)(a)—

(a) after “National Health Service and Community Care Act 1990,”
insert “the National Health Service Commissioning Board, a
commissioning consortium established under section 14D of the
National Health Service Act 2006,”, and

(b) 40omit “, a Primary Care Trust established under section 18 of the
National Health Service Act 2006”.

Local Authority Social Services Act 1970 (c. 42)Local Authority Social Services Act 1970 (c. 42)

15 In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions) in the entry relating to the Children Act 1989, in the column
headed “Nature of functions”—

(a) 5after “accommodated” insert “pursuant to arrangements made by
the National Health Service Commissioning Board or a
commissioning consortium under the National Health Service Act
2006 or”, and

(b) omit “Primary Care Trusts,”.

10Chronically Sick and Disabled Persons Act 1970 (c. 44)Chronically Sick and Disabled Persons Act 1970 (c. 44)

16 (1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation
of younger from older patients) is amended as follows.

(2) In subsection (1) for “The Secretary of State” substitute “The Welsh
Ministers”.

(3) 15In subsection (2)—

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

(b) for “each House of Parliament” substitute “the National Assembly
for Wales”,

(c) for “as he considers” substitute “as they consider”, and

(d) 20for “in him” substitute “in them”.

Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70)

17 In section 113 of the Local Government Act 1972 (placing of staff of local
authorities at disposal of certain persons)—

(a) in subsection (1A)—

(i) 25after “with” insert “the Secretary of State, the National Health
Service Commissioning Board,”,

(ii) after “Local Health Board,” (in each place where it occurs)
insert “commissioning consortium,”,

(iii) omit “Primary Care Trust,” (in each place where it occurs),

(iv) 30in paragraph (a), after “disposal of” insert “the Secretary of
State, the National Health Service Commissioning Board,”,
and

(v) in paragraph (b), after “employed by” insert “the Secretary of
State, the National Health Service Commissioning Board,”,
35and

(b) in subsection (4)—

(i) after “above”, insert ““Secretary of State” means the Secretary
of State in relation to the exercise of functions under section
2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the
40National Health Service Act 2006,”,

(ii) before ““NHS trust”” insert ““commissioning consortium”
means a commissioning consortium established under
section 14D of the National Health Service Act 2006, and”,
and

(iii) 45omit the words from “and “Primary Care Trust”” to the end.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

18 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership of the House)—

(a) omit the entry relating to the chairman or any member of a Primary
5Care Trust,

(b) in the entry relating to the chairman or any member of any Strategic
Health Authority or Special Health Authority, omit “Strategic Health
Authority, or”, and

(c) at the appropriate place insert—

• 10“Chairman or non-executive member of the National Health Service
  Commissioning Board.”

Acquisition of Land Act 1981 (c. 67)Acquisition of Land Act 1981 (c. 67)

19 The Acquisition of Land Act 1981 is amended as follows.

20 In section 16 (land excluded from compulsory purchase), in subsection (3)—

(a) 15after paragraph (a) insert—

“(aa) the National Health Service Commissioning Board;

(ab) a commissioning consortium established under
section 14D of the National Health Service Act 2006;”,
and”

(b) 20omit paragraph (c).

21 In section 17 (special parliamentary procedure applying to compulsory
purchase orders concerning certain land), in subsection (4) in the definition
of “statutory undertakers”—

(a) omit paragraph (ad), and

(b) 25before paragraph (b) insert—

“(ae) the National Health Service Commissioning Board,

(af) a commissioning consortium established under
section 14D of the National Health Service Act 2006,”.

Mental Health Act 1983 (c. 20)Mental Health Act 1983 (c. 20)

22 30The Mental Health Act 1983 is amended as follows.

23 In section 19 (regulations as to transfers of patients), in subsection (3)—

(a) for “NHS foundation trust,”, in each place it appears, substitute
“NHS foundation trust or”, and

(b) omit “or Primary Care Trust” in each place it appears.

24 35In section 23 (discharge of patients), in subsection (5)(a)—

(a) for “, Special Health Authority”, in each place it appears, substitute
“or Special Health Authority”,

(b) omit “or Primary Care Trust” in each place it appears, and

(c) omit “, trust” in each place it appears.

25 40In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3),
omit “, Primary Care Trusts”.

26 (1) Section 39 (power of court to request information from hospitals) is
amended as follows.

(2) In subsection (1)—

(a) omit “Primary Care Trust or” in each place it appears,

(b) in paragraph (a), after the first “the” insert “commissioning
consortium or”,

(c) 5in paragraph (b), at the beginning insert “the National Health Service
Commissioning Board or”,

(d) in that paragraph, after “or any other” insert “commissioning
consortium or”,

(e) after “such information as that” insert “commissioning consortium
10or”,

(f) after “Local Health Board or”, in each place it appears, insert “the
National Health Service Commissioning Board or the”,

(g) after “order, and that” insert “commissioning consortium or”.

(3) After subsection (1) insert—

“(1ZA) 15A request under this section to the National Health Service
Commissioning Board may relate only to services or facilities the
provision of which the Board arranges.”

(4) In consequence of the repeals made by sub-paragraph (2), omit paragraphs
46 and 49 of Schedule 2 to the National Health Service Reform and Health
20Care Professions Act 2002.

27 In section 134 (patients’ correspondence), in subsection (3)(e)—

(a) at the beginning insert “the National Health Service Commissioning
Board, a commissioning consortium,”,

(b) omit “Strategic Health Authority,”,

(c) 25for “, Special Health Authority” substitute “or Special Health
Authority”, and

(d) omit “or Primary Care Trust”.

28 In section 139 (protection for acts done in pursuance of that Act), in
subsection (4)—

(a) 30after “the Secretary of State or against” insert “the National Health
Service Commissioning Board, a commissioning consortium,”,

(b) omit “Strategic Health Authority,”,

(c) for “, Special Health Authority” substitute “or Special Health
Authority”, and

(d) 35omit “or Primary Care Trust”.

29 (1) In section 145 (interpretation), in subsection (1)—

(a) in the definition of “the managers”, in paragraph (a)—

(i) omit “Primary Care Trust,”, and

(ii) omit “Strategic Health Authority,”,

(b) 40in paragraph (bb) of that definition, omit “a Primary Care Trust or”,

(c) omit the definition of “Primary Care Trust”, and

(d) omit the definition of “Strategic Health Authority”.

(2) In consequence of the repeals made by sub-paragraph (1), omit paragraph
70)(e) and (g) of Schedule 1 to the National Health Service (Consequential
45Provisions) Act 2006.

Public Health (Control of Disease) Act 1984 (c. 22)Public Health (Control of Disease) Act 1984 (c. 22)

30 In section 13 of the Public Health (Control of Disease) Act 1984 (regulations
for control of certain diseases), in subsection (4)(a)—

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

(b) 5omit “, Primary Care Trusts”.

Dentists Act 1984 (c. 24)Dentists Act 1984 (c. 24)

31 The Dentists Act 1984 is amended as follows.

32 In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).

33 In section 36M (guidance for dental care professionals), in subsection (8)
10omit paragraph (a).

34 In section 40 (definition of “business of dentistry”), in subsection (2)(aa),
after “section 100 of that Act” insert “or an agreement under section 107 of
that Act”.

35 In section 50D (rules: consultation), in subsection (4) omit paragraph (a).

15Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

36 The Disabled Persons (Services, Consultation and Representation) Act 1986
is amended as follows.

37 In section 2 (rights of authorised representatives of disabled persons)—

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

(i) 20after “hospital accommodation” (in the first place it occurs)
insert “provided pursuant to arrangements made by the
National Health Service Commissioning Board or a
commissioning consortium under the National Health
Service Act 2006 or”,

(ii) 25for “the Secretary of State under section (3)(1)(a)” substitute
“the Secretary of State under section 2A or 2B”, and

(iii) omit “by a Primary Care Trust established under that Act,”,

(b) in subsection (7) in paragraph (a), after “provision of services” insert
“, or the arrangement for the provision of services,”, and

(c) 30in subsection (9) in the definition of “health authority”, in paragraph
(a)—

(i) after “means” insert “the National Health Service
Commissioning Board, a commissioning consortium or”,

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

(iii) 35omit “or a Primary Care Trust”.

38 In section 7 (persons discharged from hospital), in subsection (9)—

(a) in the definition of “health authority”, in paragraph (a) for “a
Primary Care Trust” substitute “a commissioning consortium”, and

(b) in the definition of “the managers”—

(i) 40in paragraph (a)(i) for “, an NHS foundation trust or a
Primary Care Trust” substitute “or an NHS foundation trust”,

(ii) in the words following paragraph (a)(iii) after “means the”
insert “Secretary of State where the Secretary of State is

responsible for the administration of the hospital, or means
the”,

(iii) in those words omit “Strategic Health Authority,”, and

(iv) omit paragraph (bb).

39 5In section 11 (reports to Parliament)—

(a) in subsection (1ZA) omit “subsection (1ZB) extends to England and
Wales only and”, and

(b) omit subsection (1ZB).

40 In section 16 (interpretation), in subsection (1)—

(a) 10omit the definition of “Primary Care Trust”, and

(b) omit the definition of “Strategic Health Authority”.

Dartford-Thurrock Crossing Act 1988 (c. 20)Dartford-Thurrock Crossing Act 1988 (c. 20)

41 In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from
tolls), in paragraph (b)—

(a) 15omit “a Strategic Health Authority established under section 13 of
the National Health Service Act 2006,”,

(b) for “that Act” substitute “the National Health Service Act 2006”, and

(c) omit “a Primary Care Trust established under section 18 of the
National Health Service Act 2006,”.

20Copyright, Designs and Patents Act 1988 (c. 48)Copyright, Designs and Patents Act 1988 (c. 48)

42 In section 48 of the Copyright, Designs and Patents Act 1988 (material
communicated to the Crown in the course of public business), in subsection
(6)—

(a) after “the National Health Service and Community Care Act 1990,”
25insert “the National Health Service Commissioning Board, a
commissioning consortium established under section 14D of the
National Health Service Act 2006,”, and

(b) omit “a Primary Care Trust established under section 18 of the
National Health Service Act 2006,”.

30Health and Medicines Act 1988 (c. 49)Health and Medicines Act 1988 (c. 49)

43 In section 7 of the Health and Medicines Act 1988 (extension of powers for
financing health service), in subsection (3)(i) omit the words from the second
“the” to “trust, or”.

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

44 35In section 144 of the Road Traffic Act 1988 (exception to requirement for
third party insurance), in subsection (2)(da) omit “by a Primary Care Trust
established under section 18 of the National Health Service Act 2006”.

Children Act 1989 (c. 41)Children Act 1989 (c. 41)

45 The Children Act 1989 is amended as follows.

46 40In section 21 (provision of accommodation for children in police protection
etc), in subsection (3)—

(a) for “Secretary of State,” substitute “Secretary of State or”,

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

(c) after “arrangements made by” insert “the National Health Service
Commissioning Board or a commissioning consortium under the
5National Health Service Act 2006 or”.

47 In section 24 (persons qualifying for advice and assistance), in subsection
(2)—

(a) in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”,
and

(b) 10in that paragraph, in sub-paragraph (ii) after “provided” insert
“pursuant to arrangements made by the National Health Service
Commissioning Board or a commissioning consortium under the
National Health Service Act 2006 or”.

48 In section 24C (information), in subsection (2)—

(a) 15in paragraph (b) for “, Special Health Authority or Primary Care
Trust” substitute “or Special Health Authority”, and

(b) in paragraph (c) after “provided” insert “pursuant to arrangements
made by the National Health Service Commissioning Board or a
commissioning consortium under the National Health Service Act
202006 or”.

49 In section 27 (co-operation between authorities), in subsection (3)—

(a) after paragraph (c) insert—

“(ca) the National Health Service Commissioning Board;”,
and”

(b) 25in paragraph (d)—

(i) after “any” insert “commissioning consortium,”, and

(ii) omit “, Primary Care Trust”.

50 In section 29 (recoupment of cost of providing services), in subsection (8) in
paragraph (c)—

(a) 30for “Secretary of State,” substitute “Secretary of State or”,

(b) omit “or a Primary Care Trust” (in both places where it occurs),

(c) after “arrangements made by” insert “the National Health Service
Commissioning Board or a commissioning consortium under the
National Health Service Act 2006 or by”, and

(d) 35omit “a Strategic Health Authority,”.

51 In section 47 (local authority’s duty to investigate), in subsection (11)—

(a) after paragraph (c) insert—

“(ca) the National Health Service Commissioning Board;”,
and”

(b) 40in paragraph (d)—

(i) after “any” insert “commissioning consortium,”, and

(ii) omit “, Primary Care Trust”.

52 In section 80 (inspection of children’s homes)—

(a) in subsection (1), in paragraph (d) —

(i) 45omit “Primary Care Trust,”, and

(ii) after “NHS foundation trust” insert “or pursuant to
arrangements made by the National Health Service

Commissioning Board or a commissioning consortium under
the National Health Service Act 2006”,

(b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and

(c) after that paragraph insert—

“(ea) 5person providing accommodation for a child
pursuant to arrangements made by the National
Health Service Commissioning Board or a
commissioning consortium under the National
Health Service Act 2006;”.

53 10In section 85 (children accommodated by health authorities)—

(a) in subsection (1) omit “Primary Care Trust,”, and

(b) after subsection (2) insert—

“(2A) Where a child is provided with accommodation—

(a) by a body which is not mentioned in subsection (1),
15and

(b) pursuant to arrangements made by the National
Health Service Commissioning Board or a
commissioning consortium under the National
Health Service Act 2006,

20subsections (1) and (2) apply in relation to the Board or (as the
case may be) the consortium as if it were the accommodation
authority.”

54 In section 105 (interpretation), in subsection (1)—

(a) before the definition of “community home” insert—

• 25““commissioning consortium” means a commissioning
  consortium established under section 14D of the
  National Health Service Act 2006;”,

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

(c) omit the definition of “Strategic Health Authority”.

30National Health Service and Community Care Act 1990 (c. 19)National Health Service and Community Care Act 1990 (c. 19)

55 The National Health Service and Community Care Act 1990 is amended as
follows.

56 In section 47 (assessment of needs for community care services), in
subsection (3)—

(a) 35before paragraph (a) insert—

“(za) that there may be a need for the provision to that
person, pursuant to arrangements made under the
National Health Service Act 2006 by such
commissioning consortium as may be determined in
40accordance with regulations, of any services,”,

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

(c) in that paragraph omit “the National Health Service Act 2006 or”,

(d) in the text following paragraph (b), omit “Primary Care Trust,” (in
both places where it occurs), and

(e) 45in that text, before “Health Authority” (in both places it occurs) insert
“commissioning consortium,”.

57 In section 49 (transfer of staff to local authorities), in subsection (4)(b)—

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

(b) omit “Primary Care Trust,”.

58 In section 60 (removal of crown immunities), in subsection (7)—

(a) in paragraph (a) omit the words from “a Strategic” to “2006 or”, and

(b) 5in paragraph (aa) for “that Act” substitute “the National Health
Service Act 2006”.

Access to Health Records Act 1990 (c. 23)Access to Health Records Act 1990 (c. 23)

59 The Access to Health Records Act 1990 is amended as follows.

60 In section 1, in subsection (2) (meaning of “holder” in relation to a health
10record)—

(a) in paragraph (a)—

(i) for “a Primary Care Trust or” substitute “the National Health
Service Commissioning Board or a”, and

(ii) omit “Trust or”, and

(b) 15in paragraph (aa)—

(i) for “a Primary Care Trust, Strategic Health Authority or”
substitute “the National Health Service Commissioning
Board or a”, and

(ii) omit “Trust, Authority or”.

61 20In section 11 (interpretation)—

(a) in the definition of “health service body”, in paragraph (a)—

(i) omit “Strategic Health Authority,”,

(ii) for “, Local” substitute “or Local”, and

(iii) omit “or Primary Care Trust”,

(b) 25omit the definition of “Primary Care Trust”, and

(c) omit the definition of “Strategic Health Authority”.

London Local Authorities Act 1991 (c. xiii)

62 In section 4 of the London Local Authorities Act 1991 (interpretation) in the
definition of “establishment for special treatment”, in paragraph (d) for “by
30a Primary Care Trust established under section 18 of the National Health
Service Act 2006” substitute “by the National Health Service Commissioning
Board or a commissioning consortium pursuant to arrangements made
under the National Health Service Act 2006,”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

63 35In section 279 of the Trade Union and Labour Relations (Consolidation) Act
1992 (health service practitioners)—

(a) in subsection (1), in paragraph (a) for “a Primary Care Trust”
substitute “the National Health Service Commissioning Board”,

(b) in subsection (2), in paragraph (a) for “a Primary Care Trust,
40Strategic Health Authority or” substitute “the National Health
Service Commissioning Board or a”,

(c) in paragraph (b) of that subsection, for “a Primary Care Trust or”
substitute “the National Health Service Commissioning Board or a”,
and

(d) in that paragraph, for “entered into by him with a Primary Care
Trust” substitute “entered into by him with the National Health
Service Commissioning Board”.

Charities Act 1993 (c. 10)Charities Act 1993 (c. 10)

64 5In section 43A of the Charities Act 1993 (annual audit etc. of English NHS
charity accounts) in subsection (7), in the definition of “English National
Health Service charity”—

(a) omit paragraph (a),

(b) omit paragraph (b),

(c) 10before paragraph (c) insert—

“(ba) the National Health Service Commissioning Board;

(bb) a commissioning consortium;”,

(d) after that paragraph insert—

“(ca) trustees for the National Health Service
15Commissioning Board appointed in pursuance of
paragraph 11 of Schedule A1 to the National Health
Service Act 2006;

(cb) trustees for a commissioning consortium appointed
in pursuance of paragraph 12 of Schedule 1A to the
20National Health Service Act 2006;”, and

(e) omit paragraph (e).

Health Service Commissioners Act 1993 (c. 46)Health Service Commissioners Act 1993 (c. 46)

65 In section 19 of the Health Service Commissioners Act 1993 (interpretation),
in the definition of “direct payment services”, omit “, or under regulations
25under section 12A(4),”.

Health Authorities Act 1995 (c. 17)Health Authorities Act 1995 (c. 17)

66 In Schedule 2 to the Health Authorities Act 1995 (property, rights and
liabilities), in paragraph 2—

(a) in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and

(b) 30in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health
Authority,”.

Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

67 The Employment Rights Act 1996 is amended as follows.

68 In section 43K (extension of meaning of “worker” etc for Part IVA)—

(a) 35in subsection (1)(ba) for “a Primary Care Trust” (in each place where
it occurs) substitute “the National Health Service Commissioning
Board”,

(b) in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the
National Health Service Commissioning Board”,

(c) 40in subsection (2)(aa) for “the Primary Care Trust or” substitute “the
National Health Service Commissioning Board, or the”.

69 In section 50 (right to time off for public duties), in subsection (8)—