Health and Social Care Bill (HC Bill 221)

(a) before paragraph (a) insert—

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

(b) in paragraph (a)—

(i) 5at the beginning insert “a commissioning consortium”,

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

(iii) omit “or Primary Care Trust”.

Emergency Workers (Obstruction) Act 2006 (c. 39)Emergency Workers (Obstruction) Act 2006 (c. 39)

126 In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing
10emergency workers)—

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

(i) after “Wales,” insert “the Secretary of State in the exercise of
public health functions, a local authority in the exercise of
public health functions, the National Health Service
15Commissioning Board, a commissioning consortium,”, and

(ii) omit “, Primary Care Trust”, and

(b) after that subsection insert—

“(6) In subsection (5)(a) above “public health functions”—

(a) in relation to the Secretary of State, has the same
20meaning as in section 1E(5)(a) of the National Health
Service Act 2006;

(b) in relation to a local authority, has the same meaning
as in section 1E(5)(b) of that Act.”

National Health Service (Consequential Provisions) Act 2006 (c. 43)National Health Service (Consequential Provisions) Act 2006 (c. 43)

127 25In Schedule 1 to the National Health Service (Consequential Provisions) Act
2006—

(a) omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b),
54(b), 90(e), 112(a), 125(c), 141(a), 170(b), 179(b)(iv), 180(c), 211(d),
228(a), 233(c), 234(c), 271(c) and 294 (which make amendments
30relating to Primary Care Trusts), and

(b) omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a),
228(c), 233(a), 234(a) and 271(e) (which make amendments relating to
Strategic Health Authorities).

NHS Redress Act 2006 (c. 44)NHS Redress Act 2006 (c. 44)

128 35The NHS Redress Act 2006 is amended as follows.

129 In section 1, in subsection (3)—

(a) after paragraph (a) insert—

“(aa) the National Health Service Commissioning Board,

(ab) a commissioning consortium,”,

(b) 40omit paragraph (b),

(c) omit paragraph (c), and

(d) in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.

130 In section 18 (interpretation), in subsection (1) omit the definition of
“designated Strategic Health Authority”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)Safeguarding Vulnerable Groups Act 2006 (c. 47)

131 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

132 In section 6 (regulated activity providers)—

(a) omit subsection (8D), and

(b) 5before subsection (9) insert—

“(8E) The National Health Service Commissioning Board or a
commissioning consortium does not make arrangements for
another to engage in a regulated activity by virtue of
anything the Board or the consortium does under section 12A
10or 12D, or regulations under 12B, of the National Health
Service Act 2006 (direct payments for health services).”

133 In section 17 (NHS employment) in subsection (3)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;

(zb) 15a commissioning consortium;”,

(b) omit paragraph (b), and

(c) omit paragraph (f).

134 (1) Section 21 (controlled activity relating to children) is amended as follows.

(2) In subsection (5)(a), omit “, or regulations under section 12A(4),”.

(3) 20In subsection (8)(aa), omit “, or under regulations under section 12A(4),”.

135 In section 22 (controlled activity relating to vulnerable adults), in subsection
(6) in the definition of “hospital services” omit paragraph (d).

136 In section 59 (vulnerable adults), in subsection (1)(ia), omit “, or under
regulations under section 12A(4),”.

25Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)2007 (c. 19)

137 In section 6 of the Corporate Manslaughter and Corporate Homicide Act
2007 (emergencies), in subsection (7) in the definition of “relevant NHS
body”—

(a) before paragraph (a) insert—

“(za) 30the National Health Service Commissioning Board;”,
and”

(b) in paragraph (a)—

(i) at the beginning insert “a commissioning consortium,”

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

(iii) 35omit “Primary Care Trust,”.

Local Government and Public Involvement in Health Act 2007 (c. 28)Local Government and Public Involvement in Health Act 2007 (c. 28)

138 The Local Government and Public Involvement in Health Act 2007 is
amended as follows.

139 (1) Section 222 (arrangements relating to local care services) is amended as
40follows.

(2) In subsection (3)—

(a) after paragraph (c) insert “or

(ca) a commissioning consortium.”,

(b) omit paragraph (d), and

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

(3) 5After that subsection insert—

“(3A) The arrangements must not be made with the National Health
Service Commissioning Board.”

140 In section 224 (duties of services-providers to respond to local involvement
networks), in subsection (2), omit paragraph (c).

141 10In section 225 (duties of services-providers to allow entry by local
involvement networks), in subsection (7), omit paragraph (c).

142 In section 227 (annual reports), in subsection (4)(b)—

(a) omit “each Primary Care Trust,”,

(b) omit “and”,

(c) 15omit “each Strategic Health Authority,”, and

(d) omit the words from “any” to the end.

Criminal Justice and Immigration Act 2008 (c. 4)Criminal Justice and Immigration Act 2008 (c. 4)

143 In section 119 of the Criminal Justice and Immigration Act 2008 (offence of
causing nuisance or disturbance on NHS premises), in subsection (4) in the
20definition of “relevant English NHS body”, omit paragraph (b).

Health and Social Care Act 2008 (c. 14)2008 (c. 14)

144 The Health and Social Care Act 2008 is amended as follows.

145 In section 30 (urgent procedure for cancellation), in subsection (3)—

(a) before paragraph (a) insert—

“(za) 25in any case where regulations so provide, to the
National Health Service Commissioning Board,”,

(b) in paragraph (a)—

(i) at the beginning insert “in any case where regulations so
provide,”,

(ii) 30after “such” insert “commissioning consortium”, and

(iii) omit “Primary Care Trust”, and

(c) omit paragraph (b).

146 In section 39 (bodies required to be notified of certain matters), in subsection
(1)—

(a) 35before paragraph (a) insert—

“(za) in any case where regulations so provide, to the
National Health Service Commissioning Board,”,

(b) in paragraph (a)—

(i) at the beginning insert “in any case where regulations so
40provide,”,

(ii) after “such” insert “commissioning consortium”, and

(iii) omit “Primary Care Trust”, and

(c) omit paragraph (b).

147 In section 46 (reviews and investigations)—

(a) omit subsection (1),

(b) omit subsection (2), and

(c) in subsections (4) and (6)(a), for “a body’s” substitute “a local
5authority’s”.

148 In section 48 (special reviews and investigations)—

(a) in subsection (2) after paragraph (b) (and before the “or”
immediately following it) insert—

“(ba) the exercise of the functions of the National Health
10Service Commissioning Board or a commissioning
consortium in arranging for the provision of NHS
care under the National Health Service Act 2006,”,

(b) in subsection (8) omit paragraph (a) and the word “or” immediately
following it.

149 15In section 49 (power to extend periodic review function), in subsection (3)—

(a) omit “a Primary Care Trust,”, and

(b) omit “another English NHS provider or”.

150 In section 54 (studies as to economy, efficiency etc)—

(a) omit subsection (2)(b), and

(b) 20in subsection (5) after “reference to” insert “the National Health
Service Commissioning Board, a commissioning consortium or”.

151 In section 59 (additional functions) at the end insert—

“(3) The references in subsection (1) to English NHS bodies do not
include references to the National Health Service Commissioning
25Board or commissioning consortia.”

152 In section 64 (power to require documents and information), in subsection
(2)(b)—

(a) after “commissioned by” insert “—

(i) the National Health Service Commissioning
30Board,

(ii) a commissioning consortium, or

(iii)”, and

(b) omit “a Primary Care Trust”.

153 In section 70 (co-operation between the Care Quality Commission and the
35Independent Regulator of NHS foundation trusts, in subsection (3)(a) omit
“section 46 or”.

154 In section 72 (provision of material to the Comptroller and Auditor
General)—

(a) omit paragraph (a), and

(b) 40in paragraph (b), for “such a body” substitute “an English NHS
body”.

155 In section 81 (publication of programme of reviews etc), in subsection (2)
after paragraph (a) and before the “and” immediately following it insert—

“(aa) the National Health Service Commissioning Board,”.

156 (1) 45Section 97 (general interpretation of Part 1) is amended as follows.

(2) In subsection (1) in the definition of “English NHS body”—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) before paragraph (d) insert—

• “( ca)

  5the National Health Service Commissioning
  Board,

  (cb)

  a commissioning consortium,”.

(3) In that subsection in the definition of “English NHS provider” omit
paragraph (a).

(4) 10In that subsection in the definition of “NHS care”—

(a) after “health care” insert “—

• (a)

  commissioned by the National Health Service
  Commissioning Board or by a commissioning
  consortium (whether from an English NHS
  15provider or not), or”, and

  (ii)

(b) omit from “provided by” to the end.

(5) After subsection (2) insert—

“(2A) Any reference in this Part to health care commissioned by the
20National Health Service Commissioning Board or by a
commissioning consortium is a reference to health care provided by
other persons pursuant to arrangements made by the Board or a
consortium under the National Health Service Act 2006 (including
arrangements so made by virtue of section 7A or 12 of that Act).”

(6) 25Omit subsection (3).

157 In section 153 (directions to certain NHS bodies) in subsection (1)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

Education and Skills Act 2008 (c. 25)2008 (c. 25)

158 30The Education and Skills Act 2008 is amended as follows.

159 In section 16 (supply of information by public bodies), in subsection (2)—

(a) omit paragraph (c),

(b) omit paragraph (d), and

(c) before paragraph (e) insert—

• “( da)

  35a commissioning consortium,”.

160 In section 77 (supply of information by public bodies), in subsection (2)—

(a) omit paragraph (c),

(b) omit paragraph (d), and

(c) before paragraph (e) insert—

“(da) 40a commissioning consortium,”.

Autism Act 2009 (c. 15)2009 (c. 15)

161 In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the
definition of “NHS body”—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) before paragraph (d) insert—

• “( ca)

  the National Health Service Commissioning
  5Board;

  (cb)

  a commissioning consortium;”.

Local Democracy, Economic Development and Construction Act 2009 (c. 20)Local Democracy, Economic Development and Construction Act 2009 (c. 20)

162 The Local Democracy, Economic Development and Construction Act 2009 is
amended as follows.

163 10In section 2 (duty to promote understanding of functions of certain public
bodies))—

(a) in subsection (2), in paragraph (c) after “under” insert “section 2A or
2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health
Service Act 2006 or”,

(b) 15in that subsection, after paragraph (e) insert—

“(ea) the National Health Service Commissioning Board, so
far as exercising functions in respect of the principal
local authority’s area;”,

(c) in subsection (3), after paragraph (k) insert—

“(ka) 20a commissioning consortium;”, and

(d) in that subsection—

(i) omit paragraph (l), and

(ii) omit paragraph (m).

164 In section 123 (partner authorities), in subsection (2)—

(a) 25after paragraph (h) insert—

“(ha) a commissioning consortium;”, and

(b) omit paragraph (i).

Health Act 2009 (c. 21)2009 (c. 21)

165 The Health Act 2009 is amended as follows.

166 30In each of the following provisions for “NHS services” substitute “health
services”—

(a) the title to Part 1,

(b) section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and

(c) the definitions of “carers”, “patients” and “staff” in section 3(7).

167 (1) 35Section 2 (duty to have regard to NHS constitution) is amended as follows.

(2) In subsection (1), for “NHS functions” substitute “health service functions”.

(3) In subsection (2)—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) 40before paragraph (d) insert—

“(ca) the National Health Service Commissioning Board;

(cb) commissioning consortia;

(cc) local authorities (within the meaning of section 2B of
the National Health Service Act 2006);”.

(4) In subsection (3), for “an “NHS function”” substitute “a “health service
function””.

(5) 5In subsection (4)—

(a) before paragraph (a) insert—

“(za) provides health services under arrangements made
by the National Health Service Commissioning Board
or a commissioning consortium under or by virtue of
10section 3, 3A, 3B or 4 of, or Schedule 1 to, the National
Health Service Act 2006,”,

(b) omit the word “or” at the end of paragraph (a), and

(c) after paragraph (b) insert ‘, or

“(c) provides health services under arrangements made
15by a local authority for the purposes of its functions
under or by virtue of section 2B or 6C(1) of, or
Schedule 1 to, that Act.”

(6) In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za),
(a), (b) or (c)”.

168 (1) 20Section 3 (availability and review of NHS constitution) is amended as
follows.

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

(3) Omit subsection (8).

169 (1) Section 8 (duty of providers to publish information) is amended as follows.

(2) 25In subsection (1) for “NHS services” (in each place where it occurs) substitute
“relevant health services”.

(3) Omit subsection (2)(a).

(4) In subsection (3) for paragraphs (a) to (c) substitute—

“(a) provides health services as mentioned in section 2(4)(za) or
30(a), or

(b) in pursuance of a contract, agreement or arrangements as
mentioned in section 2(4)(za) or (a), makes arrangements for
another person to provide health services,”.

(5) For subsection (6) substitute—

“(6) 35In this section—

• “health services” has the same meaning as in Chapter 1;

• “relevant health services” means health services the provision
  of which is arranged by the National Health Service
  Commissioning Board or a commissioning consortium under
  40or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the
  National Health Service Act 2006 or under or by virtue of
  Parts 4 to 7 of that Act.”

170 In section 9 (supplementary provision about the duty to publish
information), in subsection (3), for “a Strategic Health Authority” substitute
45“Monitor”.

Equality Act 2010 (c. 15)2010 (c. 15)

171 The Equality Act 2010 is amended as follows.

172 In section 1 (public sector duty regarding socio-economic inequalities), in
subsection (3)—

173 In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the
group of entries that includes entries for bodies whose functions relate to the
health service—

(a) 10at the beginning insert—

• “ The National Health Service Commissioning Board.

• A commissioning consortium established under section 14D of the
  National Health Service Act 2006.”,

(b) in the entry for an NHS trust, for “that Act” substitute “the National
15Health Service Act 2006”,

(c) omit the entry for a Primary Care Trust, and

(d) omit the entry for a Strategic Health Authority.

Child Poverty Act 2010 (c. 9)2010 (c. 9)

174 In section 20 of the Child Poverty Act 2010 (partner authorities), in
20subsection (2)—

(a) after paragraph (e) insert—

“(ea) a commissioning consortium;”,

Section 51(3)

25SCHEDULE 6 Part 1: transitional provision

Interpretation

1 (1) This paragraph applies for the purposes of this Schedule.

(2) “The initial period” means the period that—

(a) 30begins with the commencement of section 22, and

(b) ends with the day specified by the Secretary of State for the purposes
of section 14A of the 2006 Act (as inserted by section 22).

(3) “An initial application” means an application under section 14B of that Act
which is made during the initial period.

(4) 35“The Board” means the National Health Service Commissioning Board.

(5) “The 2006 Act” means the National Health Service Act 2006.

Directions under section 7 of the 2006 Act

2 (1) This paragraph applies if section 18 is commenced before section 30(1).

(2) Until section 30(1) is commenced, section 7(1) of the 2006 Act has effect as if
after “Special Health Authority” there were inserted “or Primary Care
Trust”.

(3) Sub-paragraph (4) applies in relation to any direction given under section
57(1) of the 2006 Act to a Primary Care Trust which has effect immediately
before section 18 is commenced.

(4) Until section 30(1) is commenced, the direction continues to have effect as if
given to the Primary Care Trust under section 7(1) of the 2006 Act (as it has
effect by virtue of sub-paragraph (2)).

(5) 10Sub-paragraph (6) applies in relation to any direction given under section
7(2) of the 2006 Act to a Special Health Authority in respect of the functions
of a Primary Care Trust which has effect immediately before section 18 is
commenced.

(6) Until section 30(1) is commenced, the direction continues to have effect as if
15given to the Special Health Authority in respect of the functions of the
Primary Care Trust under section 7(1) of the 2006 Act.

(7) Any reference in this paragraph to section 7(1) of the 2006 Act is a reference
to that provision as amended by section 18.

3 (1) Sub-paragraph (2) applies in relation to any direction given under section
207(1) of the 2006 Act to a Special Health Authority which has effect
immediately before section 18 is commenced.

(2) The direction continues to have effect on and after the commencement of
that section as if given under section 7(1) of the 2006 Act (as amended by
section 18).

25Exercise of Secretary of State’s functions in relation to Primary Care Trusts

4 (1) The Secretary of State may, at any time during the initial period, direct the
Board to exercise any functions of the Secretary of State that—

(a) relate to Primary Care Trusts, and

(b) are specified in the direction.

(2) 30Sub-paragraph (1) does not apply to any power or duty of the Secretary of
State to make an order or regulations.

(3) Any rights acquired, or liabilities (including liabilities in tort) incurred, in
respect of the exercise by the Board of any function exercisable by it by virtue
of sub-paragraph (1) are enforceable by or against the Board (and no other
35person).

Conditional establishment of commissioning consortia

5 (1) Regulations may make provision authorising the Board to grant an initial
application where the Board is not satisfied as to the matters mentioned in
section 14C(2) of the 2006 Act.

(2) 40In the following provisions of this paragraph, any reference to the grant of
an initial application is a reference to the grant of such an application by
virtue of the regulations.

(3) The regulations may authorise the Board to impose conditions on the grant
of an initial application.

(4) The regulations may, in relation to a commissioning consortium established
under section 14D of the 2006 Act on the grant of an initial application,
5authorise the Board—

(a) to direct the consortium not to exercise any functions specified in the
direction;

(b) to give directions to the consortium about the exercise of any of its
functions.

(5) 10If the regulations authorise the Board to give a direction mentioned in sub-
paragraph (4)(a), they may also authorise or require the Board to—

(a) exercise any functions specified in such a direction on behalf of the
commissioning consortium;

(b) arrange for another commissioning consortium to exercise those
15functions on behalf of the consortium.

(6) The 2006 Act applies in relation to a commissioning consortium established
on the grant of an initial application with such modifications as may be
specified in the regulations.

(7) The regulations may, in particular, provide for the power in section 14Z19(7)
20of the 2006 Act to be exercisable by the Board where a commissioning
consortium is failing or has failed to comply with any conditions imposed
by virtue of the regulations.

(8) The regulations may make provision requiring the Board to keep under
review any conditions imposed or directions given by virtue of the
25regulations.

(9) The regulations must make provision authorising the Board to vary or
remove any conditions imposed, or to vary or revoke any directions given,
by virtue of the regulations.

(10) The regulations may make provision—

(a) 30as to factors which the Board must or may take into account in
deciding how to exercise any power conferred on the Board by the
regulations;

(b) as to the procedure to be followed by the Board before exercising any
such power.

(11) 35Sub-paragraph (12) applies if all the conditions imposed and directions
given in relation to a commissioning consortium are removed or (as the case
may be) revoked.

(12) In relation to any time after the day on which the consortium ceases to be
subject to any conditions or directions, the consortium is to be deemed to
40have been established by virtue of an application granted under section 14C
of the 2006 Act.

Exercise of functions of consortia during initial period

6 (1) This paragraph applies to a commissioning consortium if the application for
its establishment is granted under section 14C of the 2006 Act during the
45initial period.