SCHEDULE 5 continued
Contents page 220-229 230-239 240-249 250-259 260-269 270-279 280-289 290-299 300-309 310-319 320-329 330-339 340-349 350-359 360-369 370-379 380-389 390-399 400-409 410-418 Last page
Health and Social Care BillPage 320
(a) before paragraph (a) insert—
“(za) the National Health Service Commissioning Board,
(zb) a commissioning consortium,” and
(b) in paragraph (b)—
(i)
5omit “a Strategic Health Authority established under section
13 of the National Health Service Act 2006,”, and
(ii)
omit “or a Primary Care Trust established under section 18 of
the National Health Service Act 2006,”.
70 In section 218 (change of employer), in subsection (10)—
(a) 10before paragraph (a) insert—
“(za) the National Health Service Commissioning Board,
(zb) a commissioning consortium,”
(b) omit paragraph (a),
(c)
in paragraph (b) for “that Act” substitute “the National Health
15Service Act 2006”,
(d) omit paragraph (bb), and
(e)
in paragraph (c) for “that Act” substitute “the National Health
Service Act 2006”.
71
20In section 3 of the Housing Grants, Construction and Regeneration Act 1996,
in subsection (2)(f) (persons ineligible for grants)—
(a)
at the beginning insert “the National Health Service Commissioning
Board, a commissioning consortium,”,
(b) omit “a Strategic Health Authority,”, and
(c) 25omit “, Primary Care Trust”.
72 The Education Act 1996 is amended as follows.
73
(1)
Section 322 (duty of certain bodies to help local authorities) is amended as
follows.
(2) 30In subsection (1)—
(a)
after “another local authority,” insert “the National Health Service
Commissioning Board, a commissioning consortium or”,
(b) omit “or a Primary Care Trust”, and
(c) for “the board, authority or trust” substitute “that body”.
(3) 35In subsection (2), for “An authority, a board or a trust” substitute “A body”.
(4) In subsection (3), in paragraph (a)—
(a)
after “request is made of” insert “the National Health Service
Commissioning Board, a commissioning consortium or”,
(b) omit “or Primary Care Trust”, and
(c) 40for “that board or trust” substitute “that body”.
(5) In subsection (4)—
Health and Social Care BillPage 321
(a)
for “an authority, a board” substitute “a local authority, the National
Health Service Commissioning Board, a commissioning consortium
or a Local Health Board”, and
(b) omit “or a trust”.
74
(1)
5Section 332 (duty of certain NHS bodies to notify parent) is amended as
follows.
(2) In subsection (1)—
(a) after “where” insert “a commissioning consortium,” and
(b) omit “a Primary Care Trust,”.
(3)
10In subsection (2) for “trust” (in each place where it occurs) substitute “other
body”.
(4) In subsection (3) for “trust” substitute “other body”.
75
In section 579 (general interpretation), in subsection (1) in the definition of
“school buildings” in paragraph (c) for the words from “for enabling” to
15“functions” substitute “for the carrying out of functions”.
76
In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not
subject to certain Commission studies)—
(a) omit paragraph (a), and
(b) 20omit paragraph (b).
77
In section 69 of the Data Protection Act 1998 (meaning of “health
professional”)—
(a)
in subsection (1), in paragraph (k) for “such a body” substitute “a
25health service body”,
(b) in subsection (3), omit paragraph (a),
(c) in that subsection, before paragraph (b) insert—
“(aa)
the Secretary of State in relation to the exercise of
functions under section 2A or 2B of, or paragraph 7C,
308 or 12 of Schedule 1 to, the National Health Service
Act 2006,
(ab)
a local authority in relation to the exercise of functions
under section 2B or 111 of, or any of paragraphs 1 to
7B or 13 of Schedule 1 to, that Act,”, and
(d) 35in that subsection, omit paragraph (bb).
78 The Crime and Disorder Act 1998 is amended as follows.
79
In section 5 (authorities responsible for crime and disorder strategies), in
subsection (1)(e) for “Primary Care Trust” substitute “commissioning
40consortium”.
80 In section 38 (local provision of youth justice services), in subsection (2)(b)—
Health and Social Care BillPage 322
(a)
after “local probation board” insert “, commissioning consortium
or”, and
(b) omit “, Strategic Health Authority,”, and
(c) omit “or Primary Care Trust”.
81 5In section 39 (local provision of youth justice services), in subsection (3)(b)—
(a)
after “local probation board” insert “, commissioning consortium
or”, and
(b) omit “, Strategic Health Authority,”, and
(c) omit “or Primary Care Trust”.
82 10In that section, in subsection (5)(d)—
(a) after “nominated by” insert “a commissioning consortium or”, and
(b) omit “a Primary Care Trust or”.
83 In section 41 (the Youth Justice Board), in subsection (10)—
(a)
after “provider of probation services,” insert “a commissioning
15consortium,”, and
(b) for “, a Strategic Health Authority,” substitute “and”, and
(c) omit “and a Primary Care Trust”.
84 In section 42 (supplementary provisions), in subsection (3)—
(a)
after “provider of probation services,” insert “a commissioning
20consortium,”, and
(b) for “, a Strategic Health Authority,” substitute “or”, and
(c) omit “or a Primary Care Trust”.
85
In section 115, in subsection (2) (disclosure of information to relevant
authorities)—
(a) 25omit paragraph (ea),
(b) after paragraph (f) insert—
“(fa) the National Health Service Commissioning Board;
(fb) a commissioning consortium;”, and
(c) omit paragraph (g).
86 The Health Act 1999 is amended as follows.
87 In section 61 (English and Scottish border provisions)—
(a) in subsection (2)—
(i)
after “Secretary of State” insert “the National Health Service
35Commissioning Board”,
(ii) after “any” insert “commissioning consortium”,
(iii) omit “Strategic Health Authority”, and
(iv) omit “or Primary Care Trust”, and
(b) in subsection (5)—
(i) 40after “any” insert “commissioning consortium”, and
(ii) omit “Primary Care Trust”.
88 In Schedule 4 (amendments relating to Primary Care Trusts)—
(a)
omit paragraphs 1, 74, and 86, and the cross-heading preceding each
paragraph, and
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(b) omit paragraphs 3(c), 82 and 85(2).
89
In section 309E of the Greater London Authority Act 1999, in subsection (5)
(bodies to be included among relevant bodies for purposes of Mayor of
5London’s health inequalities strategy)—
(a) omit paragraph (f),
(b) omit paragraph (g), and
(c) before paragraph (h) insert—
“(ga)
the Secretary of State in relation to the exercise of
10functions under section 2A or 2B of, or paragraph 7C,
8 or 12 of Schedule 1 to, the National Health Service
Act 2006,
(gb) the National Health Service Commissioning Board,
(gc)
any commissioning consortium (established under
15section 14D of the National Health Service Act 2006)
for an area wholly or partly in Greater London,”.
90
In section 121 of the Care Standards Act 2000 (interpretation), in subsection
(1) in the definition of “National Health Service body”—
(a) 20omit “a Strategic Health Authority,”, and
(b) omit “, a Primary Care Trust”.
91
(1)
Section 14 of the Government Resources and Accounts Act 2000
(summarised accounts) is amended as follows.
(2)
25In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health
Service Act 2006 or”.
(3) Omit subsection (3).
(4) In subsection (4) for “that subsection” substitute “subsection (1)”.
92
30In section 21C of the Local Government Act 2000 (reports and
recommendations of overview and scrutiny committees: duties of certain
bodies), in subsection (6)—
(a) before paragraph (b) insert—
“(aa) the National Health Service Commissioning Board,
(ab) 35a commissioning consortium, or”.
(b) omit paragraph (c) and the preceding “or”.
93
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales)—
(a) 40omit paragraph 36A,
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(b) before paragraph 38 insert—
“37A The National Health Service Commissioning Board.
37B
A commissioning consortium established under section
14D of the National Health Service Act 2006.”, and
(c) 5omit paragraph 39.
94
In Schedule 1 to the International Development Act 2002 (Statutory bodies
to which section 9 applies)—
(a) before the entry for a Health Board insert—
10“ the National Health Service Commissioning Board
a commissioning consortium”,
(b) omit the entry for a Primary Care Trust, and
(c) omit the entry for a Strategic Health Authority.
95
15The National Health Service Reform and Health Care Professions Act 2002
is amended as follows.
96
Omit Schedule 1 (English health authorities: change of name to Strategic
Health Authorities).
97
Omit Schedule 2 (consequential amendments concerning the reallocation of
20functions to Primary Care Trusts).
98 The Adoption and Children Act 2002 is amended as follows.
99
In section 4 (assessments etc for adoption support services), in subsection
(9)—
(a) 25before paragraph (a) insert—
“(za)
there may be a need for the provision to that person of
services that may be provided pursuant to
arrangements made by a commissioning consortium
under the National Health Service Act 2006,”,
(b) 30in paragraph (a) omit “a Primary Care Trust”, and
(c) in the text following paragraph (b)—
(i) after “notify that” insert “commissioning consortium,”, and
(ii) omit “Primary Care Trust,”.
100
In section 8 (bodies which cannot be adoption support agencies), in
35subsection (2)—
(a) before paragraph (d) insert—
“(ca)
the National Health Service Commissioning Board,”,
and”
(b) in paragraph (d)—
(i) 40omit “, Primary Care Trust”, and
(ii) before “(in Wales,” insert “, commissioning consortium”.
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101
In section 133(4) of the Nationality, Immigration and Asylum Act 2002
(power of medical inspector to disclose information to health service
bodies), in paragraph (a)—
(a) 5omit sub-paragraph (i),
(b) before sub-paragraph (ii) insert—
“(ia)
the National Health Service Commissioning
Board,
(ib)
a commissioning consortium established
10under section 14D of the National Health
Service Act 2006,
(ic)
a local authority in relation to the exercise of
functions under section 2B or 111 of, or any of
paragraphs 1 to 7B or 13 of Schedule 1 to, the
15National Health Service Act 2006,”, and
(c) omit sub-paragraph (iii).
102
The Community Care (Delayed Discharges etc.) Act 2003 is amended as
follows.
103
20In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in
subsection (1), in the definition of “NHS body” in paragraph (b) omit “a
Primary Care Trust (in England) or”.
104 In section 9 (dispute resolution)—
(a)
in subsection (1) omit “by Strategic Health Authorities in England
25and”,
(b) at the end of that subsection insert “in relation to Wales”,
(c) in subsection (2) omit —
(i) “Strategic Health Authority or”, and
(ii) “Authority or”,
(d) 30in subsection (3)—
(i)
for “the appropriate Minister” substitute “the Welsh
Ministers”,
(ii) omit “a Strategic Health Authority or”, and
(iii) omit “Authority or”, and
(e) 35in subsection (4)(a) omit “Strategic Health Authority or”.
105
In section 16 of the Licensing Act 2003 (applicant for premises licence), in
subsection (3), in the definition of “health service body” omit paragraph (b).
106
40In section 42 of the Sexual Offences Act 2003 (care workers: interpretation)
in subsection (5), in the definition of “National Health Service body”—
(a) after paragraph (b) insert—
“(ba)
the Secretary of State in relation to the exercise of
functions under section 2A or 2B of, or paragraph 7C,
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8 or 12 of Schedule 1 to, the National Health Service
Act 2006,
(bb)
a local authority in relation to the exercise of functions
under section 2B or 111 of, or any of paragraphs 1 to
57B, or 13 of Schedule 1 to, the National Health Service
Act 2006,”, and
(b) omit paragraph (c).
107
The Health and Social Care (Community Health and Standards) Act 2003 is
10amended as follows.
108
In section 45 (quality in health care), in subsection (4), omit “, or under
regulations under section 12A(4),”.
109 In section 71 (reporting to Secretary of State and regulator)—
(a)
in subsection (2), after “special measures” insert “or request another
15person to take special measures”, and
(b) omit subsections (3) and (4).
110
In section 148 (interpretation of Part 2), in the definition of “English NHS
body”—
(a) omit paragraph (a),
(b) 20omit paragraph (b), and
(c) before paragraph (d) insert—
“(ca) the National Health Service Commissioning Board;
(cb) a commissioning consortium;”.
111 In section 160 (provision of information)—
(a) 25in subsection (1), after paragraph (g) insert—
“(h)
if the injured person received NHS treatment
pursuant to arrangements made by a commissioning
consortium under section 3 or 3A of the National
Health Service Act 2006, the commissioning
30consortium.”, and
112
In section 165 (power to apply provisions about recovery of charges to non-
NHS hospitals), in subsection (3)(b)—
(a) 35omit sub-paragraph (i), and
(b) before sub-paragraph (ii) insert—
“(ia)
the National Health Service Commissioning
Board,
(ib) a commissioning consortium,”.
113
In section 325 of the Criminal Justice Act 2003 (arrangements for assessing
etc risks posed by certain offenders)—
(a) after subsection (6)(b) insert—
“(ba) the National Health Service Commissioning Board,”,
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(b) after subsection (6)(d) insert—
“(da)
every local authority (in its capacity as a person
exercising functions for the purposes of the health
service) any part of whose area falls within the
5relevant area,”,
(c) in subsection (6)(f) omit “or Strategic Health Authority”,
(d) in subsection (6)(g)—
(i) after “every” insert “commissioning consortium or”, and
(ii) omit “Primary Care Trust or”.
114
(1)
Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation
between authorities) is amended as follows.
(2)
In subsection (2)(b) after “by” (in the second place it occurs) insert “or in
pursuance of arrangements made by”.
(3) 15In subsection (3) after “provide” insert “or arrange for the provision of”.
(4) In subsection (5)—
(a) omit the “and” at the end of paragraph (c) and insert—
“(ca)
the National Health Service Commissioning Board,
and”, and
(b) 20in paragraph (d)—
(i) after “any” insert “commissioning consortium,”, and
(ii) omit “Primary Care Trust”.
115
In section 9 of the Domestic Violence, Crime and Victims Act 2004
25(establishment and conduct of domestic homicide reviews), in the list in
subsection (4)(a)—
(a) after the entry for local probation boards insert—
“the National Health Service Commissioning Board;
commissioning consortia established under section 14D
30of the National Health Service Act 2006;”,
(b) omit the entry for Strategic Health Authorities, and
(c) omit the entry for Primary Care Trusts.
116 The Children Act 2004 is amended as follows.
117 35In section 10 (co-operation to improve wellbeing), in subsection (4)—
(a) after paragraph (d) insert—
“(da) the National Health Service Commissioning Board;”
(b) after paragraph (da) (as inserted by paragraph (a) above) insert—
“(db)
any commissioning consortium for an area any part
40of which falls within the area of the authority;”, and
(c) omit paragraph (e).
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118
In section 11 (arrangements to safeguard and promote welfare), in
subsection (1)—
(a) after paragraph (b) insert—
“(ba) the National Health Service Commissioning Board;”
(b) 5after paragraph (ba) (as inserted by paragraph (a) above) insert—
“(bb) a commissioning consortium;”,
(c) omit paragraph (c), and
(d) omit paragraph (e).
119
In section 12A (establishment of children’s trust boards), after subsection (7)
10at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.
120
In section 13 (establishment of Local Safeguarding Children Boards), in
subsection (3)—
(a) after paragraph (d) insert—
“(da) the National Health Service Commissioning Board;”,
(b) 15after paragraph (da) insert—
“(db)
any commissioning consortium for an area any part
of which falls within the area of the authority;”, and
(c) omit paragraph (e).
121 20The Mental Capacity Act 2005 is amended as follows.
122 In section 35 (appointment of independent mental capacity advocates)—
(a)
in subsection (1), for “appropriate authority” substitute “responsible
authority”,
(b)
in subsection (4), for “appropriate authority” substitute “responsible
25authority”, and
(c) after subsection (6) insert—
“(6A)
In subsections (1) and (4), “the responsible authority”
means—
(a)
in relation to the provision of the services of
30independent mental capacity advocates in the area of
a local authority in England, that local authority, and
(b)
in relation to the provision of the services of
independent mental capacity advocates in Wales, the
Welsh Ministers.
(6B)
35In subsection (6A)(a), “local authority” has the meaning
given in section 64(1) except that it does not include the
council of a county or county borough in Wales.”
123
In section 64 (interpretation), in subsection (1) in the definition of “local
authority”, after “except in” insert “section 35(6A)(a) and”.
124
(1)
40Schedule A1 (hospital and care home residents: deprivation of liberty) is
amended as follows.
(2)
In paragraph 176 (meaning of “managing authority”), in sub-paragraph
(1)—
(a) in paragraph (a) omit “Primary Care Trust,”,
(b) 45in that paragraph omit “Strategic Health Authority,”, and
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(c) in paragraph (b) omit “Primary Care Trust,”.
(3) In paragraph 180 (supervisory bodies: hospitals in England)—
(a) for sub-paragraph (2) substitute—
“(2)
If the relevant person is ordinarily resident in the area of a
5local authority in England, the supervisory body are that
local authority.”
(b)
in sub-paragraph (3), after “If” insert “the relevant person is not
ordinarily resident in England and”,
(c)
in sub-paragraph (4), for “the Primary Care Trust” substitute “the
10local authority”,
(d) after sub-paragraph (4) insert—
“(4A) Local authority” means—
(a) the council of a county;
(b)
the council of a district for which there is no county
15council;
(c) the council of a London borough;
(d) the Common Council of the City of London;
(e) the Council of the Isles of Scilly.”, and
(e)
in sub-paragraph (5), for “Primary Care Trusts” substitute “local
20authorities”.
(4)
In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-
paragraph (3) substitute—
“(3)
But if the relevant person is ordinarily resident in the area of a
local authority in England, the supervisory body are that local
25authority.
(4) “Local authority” means—
(a) the council of a county;
(b)
the council of a district for which there is no county
council;
(c) 30the council of a London borough;
(d) the Common Council of the City of London;
(e) the Council of the Isles of Scilly.”
(5) Before paragraph 183 insert the following heading—
(6) 35In that paragraph—
(a)
in sub-paragraph (1), for “paragraph” substitute “paragraphs 180,
181 and”, and
(b)
in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to
any determination of where a person is ordinarily resident for the
40purposes of paragraph 182”.
125
In section 4 of the Childcare Act 2006 (duty of local authority and relevant
partners to work together), in subsection (1)—