(4) After subsection (10) insert—

“(11) Subsection (12) applies where the Secretary of State or a body
mentioned in subsection (2)(fa), (ja), (jb), (r) or (s) is a party or
prospective party to an arrangement or proposed arrangement
5which—

(a) falls within subsection (1); and

(b) also falls within the definition of NHS contract in section 9 of
the National Health Service Act 2006.

(12) Subsections (4) to (9) shall apply in relation to that arrangement or
10proposed arrangement (except in so far as it relates to reserved
matters within the meaning of the Scotland Act 1998) with the
substitution for references to the Secretary of State of references to
the Scottish Ministers and the Secretary of State acting jointly.

(13) Subsection (14) applies where the Welsh Ministers are, or a body
15mentioned in subsection (2)(f), (fb), or (k) is, a party or prospective
party to an arrangement or proposed arrangement which—

(a) falls within subsection (1); and

(b) also falls within the definition of NHS contract in section 7 of
the National Health Service (Wales) Act 2006.

(14) 20Subsections (4) to (9) shall apply in relation to that arrangement or
proposed arrangement with the substitution for references to the
Secretary of State—

(a) in so far as the arrangement or proposed arrangement relates
to reserved matters within the meaning of the Scotland Act
251998, of references to the Secretary of State and the Welsh
Ministers acting jointly; and

(b) for all other purposes, of references to the Scottish Ministers
and Welsh Ministers acting jointly.”

3 (1) Section 17C (personal medical or dental services) is amended as follows.

(2) 30In subsection (5)—

(a) in paragraph (a), for the words from “the Board by” to the end
substitute “the Board by a Local Health Board”, and

(b) in paragraph (b), for the words from “exercisable by” to “the
Authority” substitute “exercisable by a Local Health Board in
35relation to an agreement made under section 50 of the National
Health Service (Wales) Act 2006 to be exercisable on behalf of the
Local Health Board”.

(3) In subsection (6), for the first definition substitute—

• ““Local Health Board” means a Local Health Board established
  40under section 11 of the National Health Service (Wales) Act
  2006;”.

(4) In consequence of the amendments made by sub-paragraphs (2) and (3),
omit paragraph 12 of Schedule 3 to the National Health Service Reform and
Health Care Professions Act 2002, and the cross-heading which precedes it.

4 45In section 17D (persons with whom agreements under section 17C may be
made), in subsection (2), in paragraph (b) of the definition of “NHS
employee”—

(a) in sub-paragraph (ii) omit “a Primary Care Trust or”,

(b) in sub-paragraph (iii)—

(i) after “NHS trust” insert “within the meaning of the National
Health Service Act (Wales) 2006”, and

(c) 5omit the words from “and in this paragraph” to the end.

National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

5 The National Health Service Act 2006 is amended as follows.

6 In section 9 (NHS contracts), in subsection (4)—

(a) after paragraph (f) insert—

“(fa) 10a Special Health Board constituted under that
section,”, and

(b) after paragraph (n) insert—

“(na) the Scottish Ministers,

(nb) Healthcare Improvement Scotland,”.

7 15After section 10 (provision about NHS contracts entered into by a body in
Northern Ireland) insert—

“10A Provision for bodies in Scotland

(1) Subsection (2) applies where the Scottish Ministers are, or a body
mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 9(4) is, a
20party or prospective party to an arrangement or proposed
arrangement which—

(a) falls within the definition of NHS contract in section 9(1), and

(b) also falls within the definition of NHS contract in section 17A
of the National Health Service (Scotland) Act 1978.

(2) 25Subsections (5) to (13) of section 9 apply in relation to the
arrangement or proposed arrangement with the substitution for
references to the Secretary of State of references to the Secretary of
State and the Scottish Ministers acting jointly.”

8 (1) In section 66 (intervention orders), for subsection (1) substitute—

“(1) 30This section applies to—

(a) NHS trusts, and

(b) Special Health Authorities.”

(2) Until the commencement of section 30 of this Act, subsection (1) of section
66 of the National Health Service Act 2006 has effect as if it included a
35reference to Primary Care Trusts.

9 (1) Section 67 (effect of intervention orders) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) omit “or Local Health Board, or a member of the
board of directors of an NHS trust”, and

(b) 40in paragraph (b)—

(i) omit “or Local Health Board,” and

(ii) in that paragraph omit “, or an executive director of an NHS
trust”.

(3) In subsection (7)(a) omit “(or in the case of an NHS trust to the membership
of its board of directors)”.

10 (1) In section 68 (default powers), for subsection (1) substitute—

“(1) This section applies to—

(a) 5NHS trusts established under section 25, and

(b) Special Health Authorities.”

(2) Until the commencement of section 30 of this Act, subsection (1) of section
68 of the National Health Service Act 2006 has effect as if it included a
reference to Primary Care Trusts.

11 10In section 78 (directed partnership arrangements), in subsection (3)—

(a) in paragraph (c) after “NHS trusts” insert “established under section
25”, and

(b) omit paragraph (d).

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

12 15The National Health Service (Wales) Act 2006 is amended as follows.

13 In section 7 (NHS contracts), in subsection (4)—

(a) omit paragraph (a),

(b) omit paragraph (b),

(c) before paragraph (c) insert—

“(ba) 20the National Health Service Commissioning Board,

(bb) a commissioning consortium,”,

(d) after paragraph (f) insert—

“(fa) a Special Health Board constituted under that
section,”,

(e) 25omit paragraph (j), and

(f) after paragraph (n) insert—

“(na) the Scottish Ministers,

(nb) Healthcare Improvement Scotland,”.

14 After section 8 insert—

“8A 30Provision for bodies in Scotland

(1) Subsection (2) applies where the Scottish Ministers are, or a body
mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 7(4) is, a
party or prospective party to an arrangement or proposed
arrangement which—

(a) 35falls within the definition of NHS contract in section 7(1), and

(b) also falls within the definition of NHS contract in section 17A
of the National Health Service (Scotland) Act 1978.

(2) Subsections (5) to (13) of section 7 apply in relation to the
arrangement or proposed arrangement with the substitution for
40references to the Welsh Ministers of references to the Welsh
Ministers and the Scottish Ministers acting jointly.”

15 In section 10 (Welsh Ministers’ arrangements with other bodies), in
subsection (4) omit paragraph (b).

16 In section 13 (exercise of Local Health Board functions), in subsection (3)—

(a) omit paragraph (a), and

(b) before paragraph (b) insert—

“(aa) the National Health Service Commissioning Board,

(ab) 5commissioning consortia,”.

17 In section 17 (plans for improving health etc), in subsection (6)—

(a) in paragraph (g)—

(i) after “between” insert “the National Health Service
Commissioning Board, commissioning consortia,”,

(ii) 10omit “Strategic Health Authorities,”,

(iii) omit “Primary Care Trusts,”, and

(iv) for “section 24 of the National Health Service Act 2006 (c. 41)2006 (c. 41)”
substitute “the preparation of joint health and wellbeing
strategies under section 116A of the Local Government and
15Public Involvement in Health Act 2007”, and

(b) in paragraph (h)—

(i) after “provision by” insert “the National Health Service
Commissioning Board, commissioning consortia,”,

(ii) omit “Strategic Health Authorities,”,

(iii) 20omit “Primary Care Trusts”, and

(iv) for “section 24 of the National Health Service Act 2006 (c. 41)2006 (c. 41)”
substitute “joint health and wellbeing strategies under
section 116A of the Local Government and Public
Involvement in Health Act 2007”.

18 25In section 22 (special health authorities), omit subsection (6).

19 In section 26 (intervention orders), in subsection (1) after “other than” insert
“the National Health Service Commissioning Board, commissioning
consortia and”.

20 In section 27 (effect of intervention orders), in subsection (1)—

(a) 30omit “Strategic Health Authority,” in each place it occurs, and

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

21 In section 28 (default powers), in subsection (1) after “other than” insert “the
National Health Service Commissioning Board, commissioning consortia
and”.

22 35In section 34 (power of local authorities to make payments), in subsection
(1)—

(a) after “payments to” insert “the National Health Service
Commissioning Board, a commissioning consortium”,

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

(c) 40omit “a Primary Care Trust”.

23 In section 36 (directed partnership arrangements), in subsection (3)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

24 (1) Section 38 (supply of goods and services by the Welsh Ministers) is amended
45as follows.

(2) In subsection (3)—

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

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

(3) In subsection (6) omit “, a Primary Care Trust” in each place it occurs.

(4) In subsection (7), in paragraph (d) omit “, Primary Care Trusts”.

25 5In section 39 (conditions of supply under section 38), in subsection (3), omit
“Primary Care Trusts,”.

26 In section 41 (duty to provide primary medical services), in subsection (4)—

(a) after “other Local Health Board” insert “and the National Health
Service Commissioning Board”, and

(b) 10omit “and each Primary Care Trust”.

27 (1) Section 51 (persons with whom agreements for provision of primary
medical services may be made) is amended as follows.

(2) In subsection (1)(g), omit “Primary Care Trust or”.

(3) In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit
15“Primary Care Trust or”.

28 In section 56 (primary dental services), in subsection (4)—

(a) after “other Local Health Board” insert “and the National Health
Service Commissioning Board”, and

(b) omit “and each Primary Care Trust”.

29 (1) 20Section 65 (persons with whom agreements for provision of primary dental
services may be made) is amended as follows.

(2) In subsection (1)(g), omit “Primary Care Trust or”.

(3) In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit
“Primary Care Trust or”.

30 25In section 106 (provision about regulations under section 105), in subsection
(2)—

(a) omit paragraph (e), and

(b) after paragraph (e) insert—

“(f) a list corresponding to a list mentioned in any of
30paragraphs (a) to (d) prepared by the National Health
Service Commissioning Board under or by virtue of
the National Health Service Act 2006,”

31 (1) Section 115 (national disqualification) is amended as follows.

(2) In subsection (1)—

(a) 35omit paragraph (e),

(b) after that paragraph insert—

“(f) the lists corresponding to the lists mentioned in
paragraphs (a) to (d) prepared by the National Health
Service Commissioning Board under or by virtue of
40the National Health Service Act 2006,”

(c) after “such lists prepared by each Local Health Board” insert “and
the National Health Service Commissioning Board”, and

(d) omit “and each Primary Care Trust”.

(3) In subsection (6)—

(a) in paragraph (a)—

(i) omit “or Primary Care Trust”, and

(ii) before “may include” insert “or the National Health Service
5Commissioning Board”, and

(b) in paragraph (b)—

(i) omit “and each Primary Care Trust”, and

(ii) after “included” insert “, and the National Health Service
Commissioning Board,”.

32 10In section 131 (payment of travelling expenses), in paragraph (c) omit “, and,
in such cases as may be prescribed, to a Primary Care Trust,”.

33 In section 144 (persons and bodies about which provision is made), in
subsection (2) for “section 22(6)” substitute “section 206(1)”.

34 In section 161 (transfers of trust property), in subsection (2)(c)—

(a) 15after “for” insert “the National Health Service Commissioning Board
or a commissioning consortium,”, and

(b) omit “a Primary Care Trust,”

35 (1) Section 162 (transfer of functions and property to or from special trustees) is
amended as follows.

(2) 20In subsection (1)—

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

(b) omit “a Primary Care Trust,”.

(3) In subsection (3)(a)—

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

(b) omit “a Primary Care Trust,”.

36 In section 181 (payment for medical examination before application for
admission to hospital under the Mental Health Act), in subsection (2)(b)—

(a) 30omit “a Primary Care Trust,”, and

(b) before “NHS trust” insert “an”.

37 In section 197 (university clinical teaching and research), in subsection
(2)(a)—

(a) after “exercisable by” insert “the National Health Service
35Commissioning Board,”,

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

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

(d) omit “Primary Care Trust,”.

38 (1) In section 206 (interpretation), in subsection (1)—

(a)40before the definition of “dental practitioner” insert—

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

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

• 45““NHS body” means—

  Health and Social Care BillPage 416

  (a)

  a Special Health Authority,

  (b)

  an NHS trust,

  (c)

  an NHS foundation trust,

  (d)

  a Local Health Board,

  (e)

  5the National Health Service Commissioning
  Board, and

  (f)

  a commissioning consortium.”

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

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

(2) 10Until the commencement of section 30 of this Act, the definition of “NHS
body” in section 206(1) of the National Health Service (Wales) Act 2006 has
effect as if it included a reference to a Primary Care Trust.

39 In Schedule 2 (Local Health Boards), in paragraph 9—

(a) omit “Strategic Health Authorities and”,

(b) 15omit “under paragraph 7(8) of Schedule 2 to the National Health
Service Act 2006 (c. 41)2006 (c. 41) and”, and

(c) for “that Act” substitute “the National Health Service Act 2006”.

40 (1) Schedule 3 (NHS trusts) is amended as follows.

(2) In paragraph 5(1)(f) omit “Primary Care Trust,”.

(3) 20In paragraph 6—

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

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

(4) In paragraph 7, in sub-paragraph (3) omit “Strategic Health Authority”.

(5) In paragraph 8 omit “, Primary Care Trust” in each place it occurs.

(6) 25In paragraph 9—

(a) in sub-paragraph (1)—

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

(ii) omit “a Primary Care Trust,”,

(b) in sub-paragraph (3)—

(i) 30omit “Strategic Health Authority,”, and

(ii) omit “Primary Care Trust,”,

(c) in sub-paragraph (6)—

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

(ii) omit “a Primary Care Trust,”, and

(d) 35in sub-paragraph (7)—

(i) omit “Strategic Health Authority,” in each place it occurs,

(ii) omit “or belong to a Primary Care Trust”, and

(iii) omit “Primary Care Trust,”.

(7) In paragraph 18—

(a) 40omit “Strategic Health Authority,”, and

(b) omit “Primary Care Trust,”.

(8) In paragraph 30—

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

(b) omit “Primary Care Trust,”.

41 (1) Schedule 5 (Special Health Authorities) is amended as follows.

(2) In paragraph 3—

in sub-paragraph (8)—

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

(ii) 5omit “, a Strategic Health Authority”, and

(i) in paragraph (a) omit “or of a Strategic Health Authority”,
and

(ii) in paragraph (b) omit “or by a Strategic Health Authority”.

(f) in sub-paragraph (12)—

(3) 10In paragraph 13, for “a Strategic Health Authority” substitute “the National
Health Service Commissioning Board”.

42 (1) Schedule 10 (further provision about Community Health Councils) is
amended as follows.

(2) In paragraph 2—

(a) 15omit “, Strategic Health Authorities” in each place it occurs, and

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

(3) In paragraph 3—

(a) omit paragraph (b), and

(b) omit paragraph (c).

20Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))

43 (1) Article 8 of the Health and Personal Social Services (Northern Ireland) Order
1991 (health and social services contracts) is amended as follows.

(2) In paragraph (2)—

(a) in sub-paragraph (h) after paragraph (i) insert—

“(ia) 25Special Health Boards;”,

(b) after sub-paragraph (h) insert—

“(ha) Healthcare Improvement Scotland,”,

(c) in sub-paragraph (g)—

(i) omit paragraph (i),

(ii) 30omit paragraph (ii), and

(iii) omit paragraph (iii),

(d) after that sub-paragraph insert—

“(ga) the National Health Service Commissioning Board;

(gb) commissioning consortia established under section
3514D of the National Health Service Act 2006;

(gc) Special Health Authorities established under section
28 of that Act;

(gd) Special Health Authorities established under section
22 of the National Health Service (Wales) Act 2006;

(ge) 40Local Health Boards established under section 11 of
that Act;

(gf) NHS trusts established under section 18 of that Act;”,
and”

(e) after sub-paragraph (i) insert—

“(ia) 45the National Institute for Health and Care Excellence;

(ib) the Health and Social Care Information Centre;”.

(3) In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub-
paragraphs (g) to (gf), (h), (ha), (ia), (ib) and (j) of paragraph (2)”.

Section 299(2)

SCHEDULE 23 5Property transfer schemes

Section 299(3)

SCHEDULE 24 Staff transfer schemes