Previous Next

Contents page 1-9 10-19 20-22 Last page

National Health Service BillPage 10

(5) Directions under this section must be contained in regulations, except in an
emergency, but cannot as directions modify the terms of any enactment.

(6) Nothing in this section, or in any other provision of this Act, shall affect the
ability of staff in any health service body or local authority to perform their
5duties other than to the highest standards of professional and scientific
independence, rigour and integrity; and their professional autonomy and right
to participate in scientific and public debate on matters relating to health and
health services is guaranteed.

Abolition of bodies following approval of draft schemes

13 10Abolition of clinical commissioning groups

(1) Subject to section 24(3) below, clinical commissioning groups are abolished.

(2) Chapter A2 of the National Health Service Act 2006 (Clinical Commissioning
Groups) (sections 14A to 14Z24) is repealed.

(3) On the day this section is commenced by order made under section 24 the
15property, rights and liabilities of clinical commissioning groups shall vest in
the Secretary of State or in any other health service body determined by him in
accordance with regulations made under this section.

14 Abolition of NHS trusts

(1) Subject to section 24(3) below, the Secretary of State shall exercise the power
20under paragraph 28(1) of Schedule 4 of the National Health Service Act 2006 to
dissolve by order all NHS trusts.

(2) The following provisions of Part 3 of Schedule 4 of the National Health Service
Act 2006 (NHS trusts established under section 25: Dissolution) shall apply to
dissolution under subsection (1)—

(a) 25paragraph 28(3) (such prior consultation as may be prescribed),

(b) paragraph 29 (transfer by order of properties, liabilities and employed
staff to himself or an NHS body), and

(c) paragraph 30 (responsibility for continued payment of pension,
allowances and gratuities).

(3) 30Chapter 3 of Part 2 of the National Health Service Act 2006 (Health Service
Bodies: NHS trusts) is repealed, including Schedule 4 except for paragraphs 28,
29 and 30, and including Schedule 5 thereof (Financial provision about NHS
trusts).

(4) Part 4 (NHS foundation trusts and NHS trusts) of the Health and Social Care
35Act 2012 is repealed.

15 Abolition of NHS foundation trusts

(1) Subject to section 24(3) below, NHS foundations trusts are abolished.

(2) Chapter 5 of Part 2 of the National Health Service Act 2006 (Health Service
Bodies: NHS foundation trusts) is repealed.

(3) 40On the day this section is commenced by order under section 24 the property,
rights and liabilities of NHS foundation trusts shall vest in the Secretary of

National Health Service BillPage 11

State or in any other health service body determined by him in accordance with
regulations made under this section.

16 Terms and conditions of staff transfers

(1) The Secretary of State shall make regulations determining the terms and
5conditions relating to the transfer of staff as the result of the abolition of any of
the bodies referred to in sections 13, 14 and 15, including terms and conditions
relating to eligibility for redundancy payments.

(2) Before making those regulations, the Secretary of State shall consult with
representatives of those staff.

(3) 10In making those regulations, the Secretary of State shall have regard to the need
to minimise loss of skills and disruption.

Accountability

17 Community Health Councils

(1) It shall be the duty of the Secretary of State to establish in accordance with this
15section a Council for the area of each Health Board or separate Councils for
such separate parts of the areas of those Boards as the Secretary of State thinks
fit; and such a council shall be called a Community Health Council (and is
hereafter referred to as a “Council”).

(2) It shall be the duty of a Council—

(a) 20to represent the interests in the health service of the public in its area;
and

(b) to perform such other functions as may be conferred on it under
Schedule 4.

(3) Schedule 4 (Community Health Councils) shall have effect.

25Part 2 Regulation of health and adult social services

18 Abolition of Monitor, competition, licensing, pricing, health special
administration etc

(1) Subject to subsection (2), Monitor is abolished.

(2) 30Subsection (1) shall come into effect by order made by the Secretary of State.

(3) An order under subsection (2) shall also repeal the provisions of Part 3
(Regulation of health and adult social care services) of the Health and Social
Care Act 2012, including—

(a) sections 62 to 71 (Chapter 1, Monitor), including The National Health
35Service (Procurement, Patient Choice and Competition) (No. 2)
Regulations 2013 made under section 75;

(b) sections 72 to 80 (Chapter 2, Competition);

(c) sections 81 to 114 (Chapter 3, Licensing);

(d) sections 115 to 127 (Chapter 4, Pricing);

(e) 40sections 128 to 133 (Chapter 5, Health Special Administration);

National Health Service BillPage 12

(f) sections 134 to 146 (Chapter 6, Financial assistance in special
administration cases); and

(g) sections 147 to 150 (Chapter 7, Miscellaneous).

19 Continuity of mandatory services

5Conditions in a licence issued to an NHS foundation trust by Monitor pursuant
to section 87(3) of the Health and Social Care Act 2012 which purport to have
the effect by April 2016 of modifying, de-designating or ceasing services which
that trust was obliged to provide under its previous authorisation given
pursuant to section 35 of the National Health Service Act 2006 shall be void and
10of no effect.

Part 3 Terms and conditions

20 National terms and conditions

(1) Subject to subsection (2), staff employed in providing NHS services shall be
15employed on terms and conditions in accordance with the arrangements of the
NHS Staff Council and the Agenda for Change system.

(2) Subsection (1) does not apply to staff within the remit of the Doctors’ and
Dentists’ Review Body.

(3) In subsection (1), “NHS services” means health services in England for the
20purposes of the health service continued under section 1(1) of the National
Health Service Act 2006.

Part 4 Private finance initiative

21 Centralisation and reduction of PFI obligations

(1) 25Section 1 of the National Health Service (Private Finance) Act 1997 is repealed.

(2) Subsection (1) shall not affect agreements previously entered into by an NHS
trust under section 1 of that Act.

(3) The financial obligations of an—

(a) NHS trust under externally financed development agreements and
30associated agreements; and

(b) NHS foundation trust under similar agreements,

shall become the obligations of the Treasury in accordance with regulations
made under this section.

(4) The agreements referred to in subsection (3) above shall be published by the
35NHS trust and the NHS foundation trust, as the case may be.

(5) The Treasury shall assess and explain the financial obligations of each NHS
trust and NHS foundation trust under each such agreement and shall lay a
report before each House of Parliament by 31 December 2015 setting out its
proposals for reducing those obligations.

National Health Service BillPage 13

Part 5 Charging immigrants for NHS services

22 Abolition of the Immigration Health Charge

(1) Sections 38 and 39 of the Immigration Act 2014 are repealed.

(2) 5Article 4(c) of The Immigration Act 2014 (Commencement No. 3, Transitional
and Saving Provisions) Order 2014 is revoked.

Part 6 Treaties

23 Treaty requirements

(1) 10No treaty which requires the United Kingdom—

(a) to change; or

(b) to limit the powers of the United Kingdom in respect of NHS legislation
shall be signed or agreed unless any such changes or limits have been
approved by—

(i) 15in relation to England, an Act of Parliament;

(ii) in relation to Scotland, an Act of the Scottish Parliament;

(iii) in relation to Wales, an Act of the National Assembly for Wales;
and

(iv) in relation to Northern Ireland, an Act of the Northern Ireland
20Assembly.

(2) The Secretary of State shall review the United Kingdom’s international legal
obligations with a view to establishing whether any of them impose
requirements or conditions that affect—

(a) the competence of Parliament or the devolved legislatures;

(b) 25the performance of the Secretary of State‘s functions, the functions of
the devolved authorities, or the functions of health service bodies,

in relation to the health service, including to NHS legislation.

(3) If, whilst conducting that review, the Secretary of State is of the view that there
are such obligations the report referred to in subsection (5) shall include—

(a) 30an explanation of each such obligation and its operation in practice; and

(b) an evaluation of how, if at all, such obligations have affected the
provision and organisation of the health service.

(4) Whilst conducting the review the Secretary of State shall consult with the
devolved authorities.

(5) 35The Secretary of State shall lay before Parliament no later than 31st December
in any year an annual report setting out the results of the review, the matters
referred to in subsection (3) above, the results of consultations under
subsection (4) above and any statements requested by the devolved authorities
to be included in the report in relation to such matters.

(6) 40In this section—

(a) “to change” means to amend, repeal, introduce or otherwise to change;

National Health Service BillPage 14

(b) “devolved authorities” means the Scottish Ministers, the Welsh
Ministers and a Minister within the meaning of the Northern Ireland
Act 1998 or a Northern Ireland department;

(c) “devolved legislatures” means the Scottish Parliament, the National
5Assembly for Wales and the Northern Ireland Assembly;

(d) “health service” means—

(i) as regards England, the comprehensive health service which
must be continued under section 1(1) of the National Health
Service Act 2006;

(ii) 10as regards Scotland, the comprehensive and integrated health
service that must be continued under section 1(1) of the
National Health Service (Scotland) Act 1978;

(iii) as regards Wales, the comprehensive health service that must
be continued under section 1(1) of the National Health Service
15(Wales) Act 2006; and

(iv) as regards Northern Ireland, the integrated health services and
personal social services that must be provided or secured under
Article 4 of the Health and Personal Social Services (Northern
Ireland) Order 1972;

(e) 20NHS legislation” means any primary legislation passed by Parliament
or the devolved legislatures, and any secondary legislation enacted by
the Secretary of State or the devolved authorities relating to the health
service;

(f) “treaty” means a written agreement between States or between States
25and international organisations which is binding under international
law and includes any protocol, annex or schedule to or an amendment
or replacement of such an agreement and includes a regulation, rule,
measure, decision or similar instrument made under a treaty, which
has the effect mentioned in subsection (1).

30Part 7 Technical provisions

24 Commencement and transitional arrangements

(1) Section 1 of this Act shall come into force on the day on which this Act is
passed.

(2) 35Subject to subsection (3) below, the other provisions of this Act shall be brought
into force on such day as the Secretary of State may by order appoint that is not
later than twelve months from the day on which this Act is passed; and
different days may be appointed for different provisions and for different
purposes (including different areas).

(3) 40Section 8(1) (abolition of The National Health Service Commissioning Board),
section 13(1) (abolition of clinical commissioning groups), section 14(1)
(abolition of NHS trusts) and section 15 (abolition of NHS foundation trusts)
shall not be brought into force until approval or adoption of a scheme by the
Secretary of State pursuant to regulations made under section 9(4) above.

National Health Service BillPage 15

25 Further and consequential amendments etc

In consequence of this Act the Secretary of State may make regulations
containing further amendments, repeals, revocations, transitional and
transitory modifications and savings.

26 5Financial provisions

(1) There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of
State, and

(b) any increase attributable to this Act in the sums payable under any other Act
10out of money so provided.

(2) There is to be paid into the Consolidated Fund any sums received by the Secretary of
State by virtue of this Act.

27 Parliamentary control of delegated legislation

Regulations and orders made under this Act, save as otherwise provided for in
15any other enactment, and excluding orders made under section 24, shall be
made by statutory instrument and may not be made unless a draft of the
instrument containing them has been laid before, and approved by a resolution
of, each House of Parliament.

28 Interpretation

20Expressions used in this Act which are also in the National Health Service Act
2006 and in the Health and Social Care Act 2012 shall have the same meanings
as the meanings given to those expressions under those Acts.

29 Short title and extent

(1) This Act may be cited as the National Health Service Act 2015.

(2) 25This Act extends to England, and, in relation to section 23, to Scotland, Wales
and Northern Ireland.

National Health Service BillPage 16

SCHEDULES

Section 5

SCHEDULE 1 Further provisions about the Secretary of State and services

1 The Secretary of State must provide for the medical inspection at
5appropriate intervals of pupils in attendance at schools maintained by local
education authorities and for the medical treatment of such pupils.

2 (1) The Secretary of State may, by arrangement with any local education
authority, provide for any medical inspection or treatment of—

(a) senior pupils in attendance at any educational establishment, other
10than a school, which is maintained by the authority and at which
full-time further education is provided, or

(b) any child or young person who, in pursuance of section 19 or 319 of
the Education Act 1996 (c. 56)1996 (c. 56), is receiving primary or secondary
education otherwise than at a school.

(2) 15The Secretary of State may, by arrangement with the proprietor of any
educational establishment which is not maintained by a local education
authority, provide for any medical inspection or treatment of junior or
senior pupils in attendance at the establishment.

(3) Sub-paragraphs (1) and (2) do not affect the Secretary of State’s powers apart
20from those sub-paragraphs.

3 An arrangement under paragraph 2(1)(b) may provide for payments by the
proprietor in question.

4 A local education authority may not make an arrangement under paragraph
2(1)(a) unless the governing body of the educational establishment agrees to
25the arrangement.

5 (1) Sub-paragraph (2) applies to—

(a) each local education authority, in respect of the schools which it
maintains (other than foundation, voluntary or foundation special
schools), and

(b) 30each governing body of a foundation, voluntary or foundation
special school, in respect of the school.

(2) The local education authority or governing body must make available to the
Secretary of State such accommodation as is appropriate for the purpose of
assisting him to make provision under paragraph 1 in relation to the pupils
35in attendance at the schools or school in question.

National Health Service BillPage 17

6 In paragraphs 1 to 5 any expression to which a meaning is given for the
purposes of the Education Act 1996 (c. 56)1996 (c. 56) or the School Standards and
Framework Act 1998 (c. 31)1998 (c. 31) has that meaning.

7 Any charge made under regulations under this Act in respect of the supply
5of drugs, medicines or appliances must be disregarded for the purposes of
paragraphs 1 and 2.

8 The Secretary of State must for the purposes of the health service—

(a) collect, screen, analyse, process and supply blood or other tissues,

(b) prepare blood components and reagents, and

(c) 10facilitate tissue and organ transplantation.

9 The Secretary of State may, by arrangement with any local education
authority, provide for the weighing and measuring of junior pupils in
attendance at any school which is maintained by the authority.

10 The Secretary of State may, by arrangement with the proprietor of any
15school which is not maintained by a local education authority, provide for
the weighing and measuring of junior pupils in attendance at that school.

11 The Secretary of State may, by arrangement with any person who is
registered under Chapter 2 of Part 3 of the Childcare Act 2006 in respect of
early years provision, provide for the weighing and measuring of young
20children for whom childcare is provided by that person.

12 In paragraphs 9 and 10 any expression to which a meaning is given for the
purposes of the Education Act 1996 or the School Standards and Framework
Act 1998 has the same meaning as in that Act; and paragraph 11 any
expression to which a meaning is given for the purposes of Part 3 of the
25Childcare Act 2006 has the same meaning as in that Part.

13 The Secretary of State may by regulations—

(a) authorise the disclosure by any person with whom arrangements
under paragraphs 9 to 11 made, to any person carrying out the
weighing or measuring, of prescribed information relating to the
30children concerned,

(b) require any weighing and measuring provided for by the Secretary
of State under paragraphs 9 to 11 to be carried out in a prescribed
manner and after compliance with any prescribed requirements,

(c) make provision authorising any resulting information relating to a
35child, together with any advisory material authorised by or under
the regulations, to be communicated in a prescribed manner to a
person who is, or is treated by the regulations as being, a parent of
the child, and

(d) make other provision regulating the processing of information
40resulting from any weighing or measuring provided for by the
Secretary of State under paragraphs 9 to 11.

14 Regulations made under paragraph 13 may require any person exercising
functions in relation to any weighing or measuring to which the regulations
apply or in relation to information resulting from such weighing or

National Health Service BillPage 18

measuring to have regard to any guidance given from time to time by the
Secretary of State.

15 In paragraph 13(d), “processing”, in relation to information, has the same
meaning as in the Data Protection Act 1998.

16 5Regulations under paragraph 13 cannot include provision by virtue of
section 272(8)(a) of the National Health Service Act 2006 amending or
repealing an Act.

17 The Secretary of State must arrange, to such extent as the Secretary of State
considers necessary to meet all reasonable requirements, for—

(a) 10the giving of advice on contraception,

(b) the medical examination of persons seeking advice on contraception,

(c) the treatment of such persons, and

(d) the supply of contraceptive substances and appliances.

18 The Secretary of State may provide vehicles (including wheelchairs) for
15persons appearing to him to be persons who have a physical impairment
which has a substantial and long-term adverse effect on their ability to carry
out normal day-to-day activities.

19 (1) Sub-paragraphs (2) and (3) apply in respect of—

(a) a vehicle provided under paragraph 18 and

(b) 20a vehicle belonging to a person mentioned in that paragraph.

(2) The Secretary of State may—

(a) adapt the vehicle to make it suitable for the circumstances of the
person in question,

(b) maintain and repair the vehicle,

(c) 25take out insurance policies relating to the vehicle and pay any duty
with which the vehicle is chargeable under the Vehicle Excise and
Registration Act 1994 (c. 22)1994 (c. 22),

(d) provide a structure in which the vehicle may be kept, and provide all
material and execute all works necessary to erect the structure.

(3) 30The Secretary of State may make payments by way of grant towards costs
incurred by a person mentioned in paragraph 18 in respect of any matter
mentioned in sub-paragraph (4) in relation to the vehicle.

(4) The matters are—

(a) the taking of action referred to in sub-paragraph (2),

(b) 35the purchase of fuel for the purposes of the vehicle, so far as the cost
of the purchase is attributable to duties of excise payable in respect
of the fuel, and

(c) the taking of instruction in the driving of the vehicle.

(5) The powers under sub-paragraph (2) and sub-paragraph (3) may be
40exercised on such terms and subject to such conditions as the Secretary of
State may determine.

National Health Service BillPage 19

20 Regulations may provide for any incidental or supplementary matter for
which it appears to the Secretary of State necessary or expedient to provide
in connection with—

(a) the taking of action under paragraph 19(2), or

(b) 5the making of any payment under paragraph 19(3).

Section 9

SCHEDULE 2 Health Boards

1 A Health Board shall be established by order of the Secretary of State and
when exercising that power the Secretary of State shall secure—

(a) 10that the regions determined in pursuance of those provisions
together comprise the whole of England and that no region includes
part only of any area; and

(b) that the provision of health services in each region can conveniently
be associated with a university which has a school of medicine or
15with two or more such universities.

2 An order made under this Schedule shall contain such provisions for the
transfer of officers, property, rights and liabilities as the Secretary of State
thinks fit.

3 It is the Secretary of State’s duty before making an order to consult with
20respect to the order—

(a) such bodies as the Secretary of State may recognise as representing
officers who in the opinion of the Secretary of State opinion are likely
to be transferred or affected by transfers in pursuance of the order;
and

(b) 25such other bodies as the Secretary of State considers are concerned
with the order.

4 The members of a Health Board—

(a) shall be as set out in the scheme approved by the Secretary of State
under section 9, or

(b) 30where a scheme is adopted by the Secretary of State shall be in
accordance with the following provisions of this Schedule.

5 The chair shall be appointed by the Secretary of State; and the vice-chair
shall be appointed by the chair, officer members and non-officer members.

6 The officer members referred to in paragraph 7(a) below and the non-officer
35members referred to in paragraph 8(a) below shall be appointed jointly by
the local authority and the Regional Committee of NHS England having
considered any nominations made pursuant to paragraph 9 below; and the
officer members referred to in paragraph 8(b) below shall be appointed ex
officio
.

7 40The officer members shall consist of—

Previous Next

Contents page 1-9 10-19 20-22 Last page