Health and Social Care Bill (HC Bill 221)

14 In section 66 (intervention orders) (as amended by paragraph 8(1) of
Schedule 22 to this Act), in subsection (1), omit paragraph (a) and the “and”
following it.

15 In section 68 (default powers) (as amended by paragraph 10(1) of Schedule
522 to this Act), in subsection (1), omit paragraph (a).

16 (1) In section 70(1) (transfer of residual liabilities of certain NHS bodies), omit
“an NHS trust or”.

(2) For the title to section 70 substitute “Transfer of residual liabilities of Special
Health Authorities”.

17 10In section 71 (schemes for meeting losses etc. of certain health bodies)—

(a) in subsection (2), omit paragraph (c),

(b) in subsections (3) and (6), omit “NHS trust,”, and

(c) in subsection (5), omit “(c),”.

18 In section 77 (Care Trusts)—

(a) 15in subsection (1)(a) omit “an NHS Trust or”, and

(b) in subsections (10) and (12) omit “NHS trust or”.

19 Omit section 78 (directed partnership arrangements).

20 In section 185(2) (charges for more expensive supplies), omit “an NHS trust”.

21 In section 186(2) (charges for repairs and replacements in certain cases), omit
20“an NHS trust”.

22 In section 196(3) (bodies to which provisions about protection from fraud
etc. relate), omit paragraph (d).

23 In section 217(1) (supplementary provisions about trusts), omit paragraph
(h).

24 (1) 25In section 242 (public involvement and consultation)—

(a) in subsection (1)(b), for “relevant Welsh bodies” substitute “NHS
trusts”,

(b) in subsection (1A), in the definition of “relevant English body”, omit
paragraph (c),

(c) 30in subsection (2), omit the definition of “relevant Welsh body”, and

(d) in subsection (2), for “relevant Welsh body” substitute “NHS trust”.

(2) In consequence of the repeal made by sub-paragraph (1)(c), omit section
233(3) of the Local Government and Public Involvement in Health Act 2007.

25 In section 272(3) (orders not to be made by statutory instrument), omit
35paragraph (e).

26 Omit section 272(5).

27 In section 275 (interpretation), in subsection (1), in the definition of “NHS
trust”, for “includes” substitute “means”.

28 In section 276 (index of defined expressions), omit the entry for “NHS trust
40order”.

29 (1) Schedule 15 (accounts and audit) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1) omit paragraphs (d) and (e), and

(b) omit sub-paragraph (3).

(3) In paragraph 4(1), omit paragraph (b) and the “or” which precedes it.

(4) In paragraph 5—

(a) 5in sub-paragraph (1) for “neither a Special Health Authority nor
NHS Direct” substitute “not a Special Health Authority”, and

(b) in sub-paragraph (3) for “NHS body that is a Special Health
Authority or NHS Direct” substitute “Special Health Authority”.

(5)
In paragraph 6—

(a) 10in sub-paragraph (1) for “an NHS body that is a Special Health
Authority or NHS Direct” substitute “a Special Health Authority”,
and

(b) in sub-paragraph (3) for “body” substitute “Special Health
Authority”.

30 15In consequence of the repeal of section 56(6) by section 171(6) of this Act,
omit paragraph 84 of Schedule 5 to the Health and Social Care Act 2008.

Part 2 Amendments of other Acts

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

31 20In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936
(definitions), in the definition of “NHS trust” omit “the National Health
Service Act 2006 or”.

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

32 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
25(bodies to which the Act applies), in paragraph 1(l) omit “section 25 of the
National Health Service Act 2006 or”.

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

33 In section 1(3) of the Abortion Act 1967 (location of treatment for termination
of pregnancy) after “National Health Service trust” insert “established under
30section 18 of the National Health Service (Wales) Act 2006 or the National
Health Service (Scotland) Act 1978”.

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

34 In section 3(2)(a) of the Employers’ Liability (Compulsory Insurance) Act
1969 (NHS bodies exempted from insurance requirement), omit “section 25
35of the National Health Service Act 2006,”.

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

35 In section 113(4) of the Local Government Act 1972 (placing of staff of local
authorities at disposal of NHS trusts), omit “section 25 of the National
Health Service Act 2006 or”.

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

36 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership of the House), in the entry for
National Health Service trusts omit “the National Health Service Act 2006
5or”.

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

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

38 In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase),
omit “section 25 of the National Health Service Act 2006 or”.

39 10In section 17(4) (special parliamentary procedure applying to compulsory
purchase orders concerning NHS trusts’ land), in paragraph (aa) of the
definition of “statutory undertakers” omit “section 25 of the National Health
Service Act 2006 or”.

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

40 15In section 139(4) of the Mental Health Act 1983 (exemption from protection
for acts done in pursuance of the Act), omit “the National Health Service Act
2006 or”.

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

41 In section 2(5) of the Disabled Persons (Services, Consultation and
20Representation) Act 1986 (rights of authorised representatives of disabled
persons), in paragraph (a) omit “that Act or”.

Copyright, 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
25(6) omit “section 25 of the National Health Service Act 2006,”.

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

43 In section 7(3) of the Health and Medicines Act 1988 (powers to give
directions in relation to financing of the NHS), in paragraph (i) omit “an
NHS trust or”.

30Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

44 In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances
to requirement for third party insurance), omit “section 25 of the National
Health Service Act 2006,”.

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

45 35In section 11 of the Access to Health Records Act 1990 (interpretation), in the
definition of “health service body”, in paragraph (d), omit “, section 25 of the
National Health Service Act 2006”.

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

46 In Schedule 4A to the Water Industry Act 1991 (premises not to be
disconnected for non-payment), in paragraph 16 omit “the National Health
Service Act 2006 or”.

5London Local Authorities Act 1991 (c. xiii)

47 In section 4 of the London Local Authorities Act 1991 (interpretation), in the
definition of “establishment for special treatment”, in paragraph (d) omit
“section 25 of that Act or”.

Social Security Contributions and Benefits Act 1992 (c. 4)Social Security Contributions and Benefits Act 1992 (c. 4)

48 10The Social Security Contributions and Benefits Act 1992 is amended as
follows.

49 In section 163(6) (interpretation of Part 11), omit “the National Health
Service Act 2006,”.

50 In section 171(3) (interpretation of Part 12), omit “the National Health
15Service Act 2006,”.

51 In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National
Health Service Act 2006,”.

52 In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National
Health Service Act 2006,”.

20Welsh Language Act 1993 (c. 38)Welsh Language Act 1993 (c. 38)

53 In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in
subsection (1)(g) omit “the National Health Service Act 2006 or”.

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

54 The Charities Act 1993 is amended as follows.

55 (1) 25In section 43A(7) (annual audit etc. of English NHS charity accounts), in the
definition of “English National Health Service charity”, omit paragraphs (c),
(d) and (da).

(2) In consequence of the repeal made by sub-paragraph (1), omit paragraph
161(a) of Schedule 1 to the National Health Service (Consequential
30Provisions) Act 2006.

56 In section 43B (annual audit etc. of Welsh NHS charity accounts), in
subsection (4)—

(a) in paragraph (b) omit the words from “all or most” to the end,

(b) in paragraph (c) omit “falling within paragraph (b)”, and

(c) 35in paragraph (d) omit “such”.

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

57 In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject
to investigation by the Commissioner), omit paragraph (d).

Vehicle Excise and Registration Act 1994 (c. 22)Vehicle Excise and Registration Act 1994 (c. 22)

58 In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle
exempt from vehicle excise duty), in paragraph 7(b) omit “the National
Health Service Act 2006,”.

5Value Added Tax Act 1994 (c. 23)Value Added Tax Act 1994 (c. 23)

59 The Value Added Tax Act 1994 is amended as follows.

60 In section 41(7) (definition of “government department”), for “Part I of that
Act” substitute “section 18 of the National Health Service (Wales) Act 2006”.

61 In Part 2 of Schedule 8 (zero-rated supply of goods and services)—

(a) 10in the Notes for group 12 (drugs, medicines, aids for the
handicapped), in paragraph (e) of Note (5H) omit “the National
Health Service Act 2006 or”, and

(b) in the Notes for group 15 (charities, etc.), in paragraph (i) of Note 4
for “Part I of the National Health Service and Community Care Act
151990” substitute “section 18 of the National Health Service (Wales)
Act 2006”.

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

62 The Employment Rights Act 1996 is amended as follows.

63 In section 50(8)(a) (right of employees of NHS trusts to time off for public
20duties), omit “section 25 of the National Health Service Act 2006,”.

64 In section 218(10)(c) (change of employer) omit “that Act or”.

Audit Commission Act 1998 (c. 18)Audit Commission Act 1998 (c. 18)

65 The Audit Commission Act 1998 is amended as follows.

66 Omit section 33(8)(c) (bodies not subject to certain Commission studies).

67 25In section 53(1) (interpretation), in the definition of “health service body”
omit “or NHS Direct National Health Service Trust”.

Data Protection Act 1998 (c. 29)Data Protection Act 1998 (c. 29)

68 In section 69(3) of the Data Protection Act 1998 (meaning of “health
professional”), in paragraph (f) omit “section 25 of the National Health
30Service Act 2006,”.

Health Act 1999 (c. 8)Health Act 1999 (c. 8)

69 In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts
to public dividend capital), in subsection (5) after the definition of “initial
loan” insert—

• 35““NHS trust” includes an NHS trust which was established (by virtue
  of the National Health Service (Consequential Provisions) Act 2006)
  under section 25 of the National Health Service Act 2006, prior to the
  repeal of that section by section 182 of the Health and Social Care Act
  2011.”

Greater London Authority Act 1999 (c. 29)Greater London Authority Act 1999 (c. 29)

70 Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS
trusts to be included among relevant bodies for purposes of Mayor of
London’s health inequalities strategy).

5Care Standards Act 2000 (c. 14)Care Standards Act 2000 (c. 14)

71 The Care Standards Act 2000 is amended as follows.

72 In section 42(7) (power to extend application of Part 2), in paragraph (b) of
the definition of “Welsh NHS bodies” omit the words from “all or most” to
the end.

73 10In Schedule 2A (persons subject to review by the Children’s Commissioner
for Wales), in paragraph 3 omit the words from “all or most” to the end.

74 In Schedule 2B (persons whose arrangements are subject to review by the
Children’s Commissioner for Wales), in paragraph 4 omit the words from
“all or most” to the end.

15Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

75 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales), in paragraph 40, omit “section 25 of the National
Health Service Act 2006 or”.

International Development Act 2002 (c. 1)International Development Act 2002 (c. 1)

76 20In Schedule 1 to the International Development Act 2002 (statutory bodies
who may exercise certain powers for the purpose of assisting countries
outside the UK), in the entry for National Health Service trusts, omit “the
National Health Service Act 2006,”.

Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

77 25In section 133(4) of the Nationality, Immigration and Asylum Act 2002
(power of medical inspector to disclose information to NHS trusts), in
paragraphs (a)(ii) and (b)(ii) omit “section 25 of the National Health Service
Act 2006 or”.

Community Care (Delayed Discharges etc.) Act 2003 (c. 5)Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

78 30In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003
(meaning of “NHS body”), in the definition of “NHS body”, after “a National
Health Service trust” insert “(in Wales)”.

Finance Act 2003 (c. 14)Finance Act 2003 (c. 14)

79 The Finance Act 2003 is amended as follows.

80 35In section 61(3) (bodies that are public authorities for purpose of
requirement to comply with planning obligations), under the heading
“Health: England and Wales”, in the entry for National Health Service trusts,
omit “section 25 of the National Health Service Act 2006 or”.

81 In section 66(4) (bodies that are public bodies for purpose of exemption for
transfers of land), under the heading “Health: England and Wales”, in the
entry for National Health Service trusts, omit “section 25 of the National
Health Service Act 2006 or”.

5Licensing Act 2003 (c. 17)Licensing Act 2003 (c. 17)

82 In section 16(3) of the Licensing Act 2003 (bodies that may apply for
premises licence), in the definition of “health service body”, in paragraph (a),
omit “section 25 of the National Health Service Act 2006 or”.

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

83 10The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.

84 In section 148 (interpretation of Part 2)—

(a) in the definition of “English NHS body” omit paragraph (c), and

(b) in paragraph (b) of the definition of “Welsh NHS body”, omit “all or
15most of whose hospitals, establishments and facilities are situated in
Wales”.

85 In section 160 (provision of information in personal injury cases), in
subsection (4), in the definition of “ambulance trust”, in paragraph (a)(i),
omit “section 25 of the 2006 Act,”.

86 20In section 162 (payment of NHS charges to hospitals or ambulance trusts), in
subsection (6), in the definition of “relevant ambulance trust”—

(a) before paragraph (a) insert—

“(za) In relation to England, means the NHS foundation
trust which is designated by the Secretary of State for
25the purposes of this section in relation to the health
service hospital to which the injured person was
taken for treatment,”,

(b) in paragraph (a) omit “England or”, and

(c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006
30Act or”.

87 In section 165 (power to apply provisions about recovery of charges to non
NHS hospitals), in subsection (3)(b)(ii) omit “section 25 of the 2006 Act,”.

Finance Act 2004 (c. 12)Finance Act 2004 (c. 12)

88 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the
35definition of “NHS trust”, in paragraph (a) omit “section 25 of the National
Health Service Act 2006 or”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)Domestic Violence, Crime and Victims Act 2004 (c. 28)

89 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004
(duty to have regard to guidance on conduct of domestic homicide reviews),
40in the entry for NHS trusts omit “section 25 of the National Health Service
Act 2006 or”.

Children Act 2004 (c. 31)Children Act 2004 (c. 31)

90 The Children Act 2004 is amended as follows.

(za) In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit paragraph (f).

(za) In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.

93 5In section 28(1) (arrangements to safeguard and promote welfare: Wales), in
paragraph (c) omit the words from “all or most” to the end.

Civil Contingencies Act 2004 (c. 36)Civil Contingencies Act 2004 (c. 36)

94 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1
responders to emergencies), in paragraph 5 omit “section 25 of the 2006 Act,
10or”.

National Health Service (Wales) Act 2006 (c. 42)National Health Service (Wales) Act 2006 (c. 42)

95 In section 206(1) of the National Health Service Act (Wales) 2006
(interpretation), omit the definition of “NHS trust”.

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

96 15In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act
2007 (duty of care in emergencies), in the definition of “relevant NHS body”,
in paragraph (a) omit “NHS trust,”.

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

97 The Local Government and Public Involvement in Health Act 2007 is
20amended as follows.

98 In section 222 (arrangements regarding local involvement networks)—

(a) omit subsection (3)(b), and

(b) omit subsection (4)(d).

99 In section 224(2) (duties of service-providers to local involvement networks),
25omit paragraph (a).

100 In section 225(7) (duty to allow entry to local involvement networks), omit
paragraph (a).

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

101 In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence
30of causing nuisance or disturbance on NHS premises), in the definition of
“relevant English NHS body”, omit paragraph (a).

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

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

103 In section 97(1) (general interpretation of Part 1)—

(a) 35in the definition of “English NHS body” omit paragraph (c), and

(b) in the definition of “English NHS provider” omit paragraph (b).

104 In section 153(1) (directing NHS bodies to exercise certain functions in
relation to financial assistance), omit paragraph (c).

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

105 5In section 4(1) of the Autism Act 2009 (interpretation), in the definition of
“NHS body”, omit paragraph (c).

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

106 The Health Act 2009 is amended as follows.

107 In section 2(2) (bodies with duty to have regard to NHS Constitution) omit
10paragraph (c).

108 In section 8(2) (bodies with duty to publish information on quality of
services) omit paragraph (b).

Corporation Tax Act 2010 (c. 4)Corporation Tax Act 2010 (c. 4)

109 In section 986 of the Corporation Tax Act 2010 (meaning of “health service
15body”), in the table entry for a National health Service Trust, omit “section
25 of the National Health Service Act 2006 or”.

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

110 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public
sector equality duty), in the group of entries that includes entries for bodies
20whose functions relate to the health service, omit the entry for an NHS trust.

Section 185

SCHEDULE 15 Local Healthwatch Organisations

Section 220A

“Schedule 1 Local Healthwatch organisations

25Status

1 (1) A Local Healthwatch organisation (“LHW”) is a body corporate.

(2) An LHW is not to be regarded as a servant or agent of the Crown
or to be regarded as enjoying any status, immunity or privilege of
the Crown.

(3) 30The property of an LHW is not to be regarded as property of, or
property held on behalf of, the Crown.

Membership

2 (1) The Secretary of State may by regulations make provision about
the membership of LHWs.

(2) The regulations may in particular make provision about—

(a) the number of members;

(b) conditions of eligibility for membership;

(c) the appointment of members (including who has the
5power of appointment);

(d) the terms of appointment;

(e) circumstances in which a person ceases to be a member or
may be suspended;

(f) the payment of remuneration and other amounts to or in
10respect of members.

(3) The regulations must make provision requiring a person who has
power to appoint a member of an LHW to act with a view to
securing that the members of the LHW (taken together) are
representative of—

(a) 15people who live in the LHW’s area,

(b) people to whom care services are being or may be
provided in that area, and

(c) people from that area to whom care services are being
provided in any place.

(4) 20In sub-paragraph (3), “care services” has the meaning given in
section 221.

Staff

3 (1) An LHW may appoint persons as employees.

(2) An employee of an LHW is to be appointed on such terms and
25conditions (including as to remuneration, pensions and
allowances) as the organisation may determine.

General powers

4 (1) An LHW may do anything which appears to it to be necessary or
expedient for the purpose of, or in connection with, the exercise of
30its functions.

(2) In particular, that includes—

(a) entering into agreements,

(b) acquiring and disposing of land and other property,

(c) co-operating with other public authorities in England, and

(d) 35providing training.

(3) An LHW must exercise its functions effectively, efficiently and
economically.

Committees

5 (1) An LHW may appoint committees and sub-committees.

(2) 40A committee or sub-committee appointed by an LHW under sub-
paragraph (1) may consist of or include persons who are not
members of the LHW.