Health and Social Care Bill (HL Bill 92)

(3) In subsections (2)(c) and (3), for “the Primary Care Trust” substitute “the
Board”.—

(1) Section 164 (remuneration for persons providing pharmaceutical services) is
amended as follows.

(2) 5In subsection (3)(b), for “any Primary Care Trust” substitute “the Board”.

(3) In subsection (4A)(a)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “to persons who provide” substitute “for providing”.

(1) Section 166 (indemnity cover) is amended as follows.

(2) 10In subsection (2)(b)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust”, in each place it appears, substitute “the
Board”.

(3) In subsection (3), in paragraph (a) of the definition of “indemnity cover”, for
15“a Primary Care Trust” substitute “the Board”.

(1) Section 167 (local pharmaceutical committees) is amended as follows.

(2) In subsection (1), for the words from the beginning to “other Primary Care
Trusts,” substitute “The Board may recognise a committee formed for an
area”.

(3) 20In subsections (2)(a) and (3)(a), omit “in the Primary Care Trust’s area”.

(4) In subsections (2)(a) and (b), (3)(a) and (b), (9), (10) and (11), for “the Primary
Care Trust” substitute “the Board”.

(5) In subsections (6) and (7), for “a Primary Care Trust” substitute “the Board”.

(6) In subsection (9), for “A Primary Care Trust” substitute “The Board”.

(1) 25Schedule 11 (pilot schemes) is amended as follows.

(2) In paragraph 1 (initiation of pilot schemes), in sub-paragraph (1)(a), for “a
Primary Care Trust” substitute “the Board”.

(3) In paragraph 2 (preliminary steps)—

(a) in sub-paragraph (1), for “the Primary Care Trust concerned”
30substitute “the Board”,

(b) in sub-paragraphs (2), (3), (4) and (5)(a) and (b), for “a Primary Care
Trust” substitute “the Board”,

(c) in sub-paragraph (3)(b), for “the Primary Care Trust” substitute “the
Board”, and

(d) 35in sub-paragraph (5)(d)—

(i) for “Primary Care Trusts” substitute “the Board”, and

(ii) for “them” substitute “it”.

(4) In paragraph 3 (approvals)—

(a) in sub-paragraphs (2) and (3)(b), for “the Primary Care Trust”
40substitute “the Board”, and

(b) in sub-paragraph (3)(a), for “the Primary Care Trust concerned”
substitute “the Board”.

(5) In paragraph 4 (preliminary approval)—

(a) in sub-paragraphs (1) and (4), for “a Primary Care Trust” substitute
“the Board”, and

(b) in sub-paragraph (2), for “The Primary Care Trust” substitute “The
5Board”.

(6) In paragraph 5 (effect of proposals on existing services)—

(a) in sub-paragraph (1)(a)—

(i) for “the Primary Care Trust”, in the first place it appears,
substitute “the Board”, and

(ii) 10for “the area of the Primary Care Trust” substitute “the area
concerned”,

(b) in sub-paragraph (1)(b), for the words from “supplied” to the end
substitute “prepared under sub-paragraph (3)”,

(c) in sub-paragraph (3)—

(i) 15for “a Primary Care Trust” substitute “the Board”,

(ii) for “the area of another Primary Care Trust” substitute
“another area”, and

(iii) for “consult that other Primary Care Trust about” substitute
“prepare an assessment of the likely effect on those services
20of the implementation of”, and

(d) omit sub-paragraph (4).

(7) In paragraph 7 (making a scheme)—

(a) in sub-paragraphs (1), (2) and (4), for “the Primary Care Trust
concerned” substitute “the Board”, and

(b) 25in sub-paragraph (1), for “the Primary Care Trust must” substitute
“the Board must”.

(8) Any pilot scheme under Chapter 2 of Part 7 of the National Health Service
Act 2006 having effect immediately before the commencement of this
paragraph is to continue to have effect as if it had been established by the
30Board; and nothing in this paragraph or paragraphs 57 to 61 affects the
validity of anything done under or for the purposes of the scheme.

(1) Schedule 12 (LPS schemes) is amended as follows.

(2) In paragraph 1 (provision of local pharmaceutical services)—

(a) in sub-paragraph (1)—

(i) 35for “Primary Care Trusts” substitute “The Board or the
Secretary of State”, and

(ii) omit “or Strategic Health Authorities”,

(b) in sub-paragraph (2)—

(i) in paragraph (a), for “a Primary Care Trust” substitute “the
40Board or the Secretary of State (the “commissioner”)”,

(ii) in that paragraph, omit “or Strategic Health Authority (the
“commissioning body”)”, and

(iii) in paragraph (b), for “the commissioning body” substitute
“the commissioner”,

(c) 45omit sub-paragraph (2A),

(d) for sub-paragraph (2B) substitute—

“(2B) The Secretary of State may establish an LPS scheme only
where the other party is the Board.

(2C) The Board may provide local pharmaceutical services
5under an LPS scheme only in such circumstances as may
be prescribed.”, and

(e) in each of sub-paragraphs (5) and (6), for “a Primary Care Trust”
substitute “the Board”.

(3) In paragraph 2 (designation of priority neighbourhoods or premises)—

(a) 10in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust”
substitute “the Board”, and

(b) in sub-paragraph (1), omit “or Strategic Health Authority”.

(4) In paragraph 3 (regulations)—

(a) in sub-paragraph (2), for “the commissioning body” substitute “the
15commissioner”, and

(b) in sub-paragraph (3)(k)—

(i) for “Primary Care Trusts” substitute “the Board or the
Secretary of State”, and

(ii) omit “or Strategic Health Authorities”.

(5) 20In consequence of the repeals made by this paragraph, omit section 29(7),
(8)(a) and (c), (10), (12) and (15) of the Health Act 2009.

(6) Any LPS scheme under Chapter 3 of Part 7 of the National Health Service
Act 2006 having effect immediately before the commencement of this
paragraph is to continue to have effect as if it had been established by the
25Board; and nothing in this paragraph or paragraph 62 affects the validity of
anything done under or for the purposes of the scheme.

Part 8 Charging

95 In section 176 (dental charging)—

(a) 30in subsection (3), for “a Primary Care Trust or Special Health
Authority” substitute “the Board”, and

(b) in subsection (4)(a), omit sub-paragraph (i).

96 In section 177 (exemptions from dental charging), in subsection (4), omit
paragraph (a).

(1) 35Section 180 (payments in respect of costs of optical appliances) is amended
as follows.

(2) In subsection (1), for “him or a relevant body” substitute “the Board”.

(3) In subsection (3), in paragraph (a)—

(a) for “himself or such relevant body as may be prescribed” substitute
40“the Board”, and

(b) for “he or the prescribed body” substitute “the Board”.

(4) In paragraph (b) of that subsection—

(a) for “him or such relevant body as may be prescribed” substitute “the
Board”, and

(b) for “him or by the prescribed body” substitute “the Board”.

(5) After subsection (6) insert—

“(6A) 5The Board may direct a Special Health Authority, or such other body
as may be prescribed, to exercise any of the Board’s functions under
regulations under this section.”

(6) Omit subsection (10).

(7) In subsection (11), at the end insert “in accordance with the regulations”.

(8) 10Omit subsection (12).

(9) For the title to section 180 substitute “Payments in respect of costs of optical
appliances and sight tests”.

(1) Section 181 (provision supplementary to section 180) is amended as follows.

(2) In subsection (3), omit the words from “(whether” to the end.

(3) 15Omit subsection (9).

(1) Section 183 (payment of travelling expenses) is amended as follows.

(2) In paragraph (a) —

(a) after “the Secretary of State” insert “, the Board, a clinical
commissioning group,”, and

(b) 20omit “, a Primary Care Trust,”.

(3) In paragraph (b)—

(a) after “by” insert “the Board,”,

(b) omit “a Primary Care Trust”, and

(c) before the first “to” insert “or a clinical commissioning group”, and

(d) 25omit the words from “and” to “Trust,”.

(4) In paragraph (c)—

(a) after “by” insert “the Board,”,

(b) omit “a Primary Care Trust”, and

(c) before the first “to” insert “or a clinical commissioning group”.

100 30In section 185 (charges for more expensive supplies), in subsection (2)—

(a) after “the Secretary of State,” insert “the Board, a clinical
commissioning group, a local authority,”, and

(b) omit “a Primary Care Trust,”.

101 In section 186 (charges for repairs and replacements in certain cases), in
35subsection (2)—

(a) after “the Secretary of State,” insert “the Board, a clinical
commissioning group, a local authority,” and

(b) omit “a Primary Care Trust,”.

102 In section 187 (charges for designated services or facilities) for the words
40from “designated” to the end substitute “of a kind mentioned in section
3(1)(d) or (e) (whether provided in pursuance of those provisions or any
other provision of this Act)”.

103 In section 188 (sums otherwise payable to those providing services), in
subsection (2) —

(a) after the first “by” insert “the Board or a clinical commissioning
group,”, and

(b) 5omit “a Primary Care Trust”.

Part 9 Fraud etc.

(1) Section 195 (compulsory disclosure of documents) is amended as follows.

(2) In subsection (2) for “section 2(1)(b)” substitute “section 2”.

(3) 10In subsection (3) —

(a) for “section 2(1)(b)” substitute “section 2”,

(b) in paragraph (a) after “(“NHS services”)” insert “or in arranging for
the provision of such services”,

(c) in paragraph (d) after “NHS services” insert “or with arranging for
15the provision of such services”, and

(d) in paragraph (f) after “NHS services” insert “or with arranging for
the provision of such services”.

(1) Section 196 (persons and bodies about which provision is made by Part 10)
is amended as follows.

(2) 20In subsection (2), for “section 28(6)” substitute “section 275(1)”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

“(za) the Board,

(zb) a clinical commissioning group,”

(4) After subsection (5) insert—

“(5A) A “public health service contractor” means any person providing
services of any description under arrangements made in the exercise
30of the public health functions of the Secretary of State or a local
authority.”

(1) Section 197 (notice requiring production of documents) is amended as
follows.

(2) In subsection (1)(a) after “health service provider” insert “, public health
35service contractor”.

(3) In subsection (3)(d) after “health service provider” insert “, public health
service contractor”.

107 In section 201 (disclosure of information), in subsection (3)(a) for “any of the
Secretary of State’s functions” substitute “any of the functions of the
40Secretary of State, the Board, a clinical commissioning group or a local
authority”.

(1) Section 210 (interpretation of Part 10) is amended as follows.

(2) In subsection (1) after “health service provider” insert “, “public health
service contractor””.

(3) In subsection (2)(a)—

(a) after “in relation to” insert “the Secretary of State, local authorities,”,
5and

(b) after “health service providers” insert “, public health service
contractors”.

Part 10 Property and finance

(1) 10Section 211 (acquisition, use and maintenance of property) is amended as
follows.

(2) In subsection (4) for “A local social services authority” substitute “A local
authority”.

(3) After that subsection insert—

“(4A) 15In subsection (4), “local authority” has the same meaning as in
section 2B.”

110 In section 213 (transfers of trust property), in subsection (2)(c)—

(a) after “for” insert “the Board or a clinical commissioning group,”, and

(b) omit “a Primary Care Trust,.”

(1) 20Section 214 (transfer of functions and property to or from special trustees) is
amended as follows.

(2) In subsection (1)—

(a) after the first “by” insert “the Board, a clinical commissioning
group,”, and

(b) 25omit “a Primary Care trust,”.

(3) In subsection (3)(a)—

(a) after “for” insert “the Board or a clinical commissioning group,”, and

(b) omit “a Primary Care Trust,”.

(1) Section 215 (trustees and property under section 222) is amended as follows.

(2) 30Omit subsection (2)(b) and the preceding “and”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

“(za) on trust for any purposes of the Board for which
trustees have been appointed under paragraph 11 of
35Schedule A1,

(zb) on trust for any purposes of the clinical
commissioning group for which trustees have been
appointed under paragraph 14 of Schedule 1A,”, and

(b) omit paragraph (a).

(4) 40In subsection (4)—

(a) after the second “and” insert “the Board, the clinical commissioning
group,”,

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

(c) after the second “by” insert “the Board, the clinical commissioning
group,”.

113 In section 217 (trusts: supplementary provisions), in subsection (1)—

(a) 5omit paragraph (f), and

(b) omit paragraph (g).

114 In section 218 (private trusts for hospitals), in subsection (4)—

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

(b) in paragraph (c) omit “or Primary Care Trust” (in both places where
10it occurs), and

(c) for paragraph (d) substitute —

“(d) in any other case—

(i) where the hospital is vested in the Secretary of
State, the Special Health Authority exercising
15functions of the Secretary of State in respect of
it or, where there is no such Special Health
Authority, the Secretary of State,

(ii) where the Welsh Ministers have functions in
respect of the hospital, the Special Health
20Authority or Local Health Board exercising
those functions.”

(1) Section 222 (power to raise money) is amended as follows.

(2) In subsection (3) for “the Secretary of State” substitute “the appropriate
authority”.

(3) 25After subsection (3) insert—

“(3A) In subsection (3) “appropriate authority” means—

(a) in relation to a clinical commissioning group, the Board, and

(b) in relation to any other body to which this section applies, the
Secretary of State.”

(1) 30In section 223 (formation of companies), in each of subsections (1), (2) and (5)
after “Secretary of State” insert “or the Board”.

(2) After that section insert—

“223A Application of section 223 to clinical commissioning groups

(1) Section 223 applies in relation to a clinical commissioning group as it
35applies in relation to the Board.

(2) But the powers conferred by that section are exercisable by a clinical
commissioning group only for the purpose of securing
improvement—

(a) in the physical and mental health of the people for whom it
40has responsibility for the purposes of section 3, or

(b) in the prevention, diagnosis and treatment of illness in such
people.”

117 Omit section 224 (means of meeting expenditure of strategic health
authorities).

(1) Section 226 (financial duties of Strategic Health Authorities and Special
Health Authorities) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (3) —

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

(b) for “subsection (1) or (2)” substitute “subsection (2)”.

(4) In subsection (4) omit “Strategic Health Authority or” (in each place where
it occurs).

(5) In subsection (5) omit “Strategic Health Authority or”.

(6) 10In subsection (6) omit “Strategic Health Authority or”.

(7) In subsection (7)—

(a) in paragraph (a) omit “specified Strategic Health Authority or”,

(b) omit paragraph (b)(i) and the word “or” immediately following it,
and

(c) 15omit paragraph (c)(i) and the word “or” immediately following it,
and

(d) in the words following paragraph (c) omit “Strategic Health
Authority or”.

(1) Section 227 (resource limits for Strategic Health Authorities and Special
20Health Authorities) is amended as follows.

(2) In subsection (1), omit “Strategic Health Authority and each”.

(3) In subsection (2)(b) omit “Strategic Health Authority or”.

(4) In subsection (3) omit “Strategic Health Authority or”.

(5) In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.

120 25Omit sections 228 to 231 (funding of Primary Care Trusts etc).

121 In section 234 (special arrangement as to payment of remuneration), omit
subsection (4).

(1) Section 236 (payment for medical examination before application for
admission to hospital under the Mental Health Act) is amended as follows.

(2) 30In subsection (1), for “the Secretary of State” substitute “the prescribed
clinical commissioning group”.

(3) In subsection (2)(b)—

(a) after “report made” insert “—

(i)”,

(b) 35omit “a Primary Care Trust,”,

(c) before “NHS trust” insert “an”, and

(d) at the end insert “, or

(ii) pursuant to arrangements made by the
National Health Service Commissioning
40Board or a clinical commissioning group, or

(iii) pursuant to arrangements made in the
exercise (by any person) of the public health

functions of the Secretary of State or a local
authority.”

123 Omit Schedule 14 (further provision about expenditure of Primary Care
Trusts).

(1) 5Schedule 15 (accounts and audits) is amended as follows.

(2) In paragraph 1(1)—

(a) omit paragraph (a),

(b) omit paragraph (c), and

(c) omit paragraph (g).

(3) 10In paragraph 5, omit sub-paragraph (2).

(4) Omit paragraph 7.

(5) In paragraph 8(3) omit “or 7”.

(6) Omit paragraph 9.

Part 11 15Public involvement and scrutiny

(1) Section 242 (public involvement and consultation) is amended as follows.

(2) In subsection (1A)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

(3) 20Omit subsections (4) and (5).

126 Omit sections 242A and 242B (duties of Strategic Health Authorities in
relation to involvement of users).

127 In section 246 (overview and scrutiny committees: exempt information), in
subsection (3)(a), omit “, or under regulations under section 12A(4),”.

25Part 12 Miscellaneous

(1) Section 256 (power of Primary Care Trusts to make payments towards
expenditure on community services) is amended as follows.

(2) In subsection (1) for “A Primary Care Trust” substitute “The Board or a
30clinical commissioning group”.

(3) In subsection (3)—

(a) for “A Primary Care Trust” substitute “The Board or a clinical
commissioning group”, and

(b) for “the Primary Care Trust” substitute “the Board or (as the case
35may be) the clinical commissioning group”.

129 In section 257 (payments in respect of voluntary organisations under section
256), in subsection (2) for “the Primary Care Trust” substitute “the Board or
the clinical commissioning group”.

(1) Section 258 (university clinical teaching and research) is amended as
follows.

(2) In subsection (1)—

(a) for “The Secretary of State must exercise his functions under this
5Act” substitute “The functions under this Act of the Secretary of
State, the Board and each clinical commissioning group must be
exercised”, and

(b) for “he” substitute “the Secretary of State, the Board or the clinical
commissioning group (as the case may be)”.

(3) 10In subsection (2), in paragraph (a)—

(a) after “exercisable by” insert “the Board,”,

(b) after “a” insert “clinical commissioning group,”,

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

(d) omit “Primary Care Trust,”.

(1) 15Section 259 (sale of medical practices) is amended as follows.

(2) In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section
83(2)”.

(3) After that subsection insert—

“(4A) The reference in subsection (4)(e) to arrangements under section
2083(2) of this Act includes a reference to arrangements made under
section 83(2)(b) of this Act before the commencement of paragraph
31 of Schedule 4 to the Health and Social Care Act 2011 (sub-
paragraph (2) of which replaces section 83(2)).”

(4) In subsection (5), in the definition of “relevant area”—

(a) 25after ““relevant area”” insert “—”, and

• (a)

(b) at the end insert “;

• (b)

  in relation to the Board, in a case where a
  person has at any time provided or performed
  30services by arrangement or contract with the
  Board, means the prescribed area (at the
  prescribed time).”

132 Omit section 268 (persons displaced by health service development), and the
cross-heading which precedes it.

133 35In section 271 (territorial limit of exercise of functions), in the words in
brackets in subsection (3)(a), after “directions to” insert “certain”.

134 After section 271 insert—

“271A Services to be treated as services of the Crown for certain purposes

(1) Services to which this section applies are to be treated as services of
40the Crown for the purposes of—

(a) Schedule 1 to the Registered Designs Act 1949 (provisions as
to the use of registered designs for the services of the Crown
etc.), and

(b) sections 55 to 59 of the Patents Act 1977 (use of patented
45inventions for the services of the Crown).