Health and Social Care Bill (HL Bill 92)

commissioning group under the National Health Service Act 2006
or”.

49 In section 24C (information), in subsection (2)—

(a) in paragraph (b) for “, Special Health Authority or Primary Care
5Trust” substitute “or Special Health Authority”, and

(b) in paragraph (c) after “provided” insert “pursuant to arrangements
made by the Secretary of State, the National Health Service
Commissioning Board or a clinical commissioning group under the
National Health Service Act 2006 or”.

50 10In section 27 (co-operation between authorities), in subsection (3)—

(a) after paragraph (c) insert—

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

(b) in paragraph (d)—

(i) 15after “any” insert “clinical commissioning group,”, and

(ii) omit “, Primary Care Trust”.

51 In section 29 (recoupment of cost of providing services), in subsection (8) in
paragraph (c)—

(a) for “Secretary of State,” substitute “Secretary of State or”,

(b) 20omit “or a Primary Care Trust” (in both places where it occurs),

(c) after “arrangements made by” insert “the Secretary of State, the
National Health Service Commissioning Board or a clinical
commissioning group under the National Health Service Act 2006 or
by”, and

(d) 25omit “a Strategic Health Authority,”.

52 In section 47 (local authority’s duty to investigate), in subsection (11)—

(a) after paragraph (c) insert—

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

(b) 30in paragraph (d)—

(i) after “any” insert “clinical commissioning group,”, and

(ii) omit “, Primary Care Trust”.

53 In section 80 (inspection of children’s homes)—

(a) in subsection (1), in paragraph (d) —

(i) 35omit “Primary Care Trust,”, and

(ii) after “NHS foundation trust” insert “or pursuant to
arrangements made by the Secretary of State, the National
Health Service Commissioning Board or a clinical
commissioning group under the National Health Service Act
402006”,

(b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and

(c) after that paragraph insert—

“(ea) person providing accommodation for a child
pursuant to arrangements made by the Secretary of
45State, the National Health Service Commissioning
Board or a clinical commissioning group under the
National Health Service Act 2006;”.

54 In section 85 (children accommodated by health authorities)—

(a) in subsection (1) omit “Primary Care Trust,”, and

(b) after subsection (2) insert—

“(2A) Where a child is provided with accommodation—

(a) 5by a body which is not mentioned in subsection (1),
and

(b) pursuant to arrangements made by the Secretary of
State, the National Health Service Commissioning
Board or a clinical commissioning group under the
10National Health Service Act 2006,

subsections (1) and (2) apply in relation to the Secretary of
State, the Board or (as the case may be) the clinical
commissioning group as if it were the accommodation
authority.”

(1) 15Section 105 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) before the definition of “community home” insert—

• ““clinical commissioning group” means a body
  established under section 14D of the National Health
  20Service Act 2006;”,

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

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

(3) After subsection (7) insert—

“(7A) References in this Act to a hospital or accommodation made
25available or provided pursuant to arrangements made by the
Secretary of State under the National Health Service Act 2006 are
references to a hospital or accommodation made available or
provided pursuant to arrangements so made in the exercise of the
public health functions of the Secretary of State (within the meaning
30of that Act).

(7B) References in this Act to arrangements made by the National Health
Service Commissioning Board or a clinical commissioning group
under the National Health Service Act 2006 include references to
arrangements so made by virtue of section 7A of that Act.”

35 National Health Service and Community Care Act 1990 (c. 19)National Health Service and Community Care Act 1990 (c. 19)

56 The National Health Service and Community Care Act 1990 is amended as
follows.

57 In section 47 (assessment of needs for community care services), in
subsection (3)—

(a) 40before paragraph (a) insert—

“(za) that there may be a need for the provision to that
person, pursuant to arrangements made under the
National Health Service Act 2006 by such clinical
commissioning group as may be determined in
45accordance with regulations, of any services
(including services that may be provided pursuant to
such arrangements by virtue of section 7A of that

Act),”,

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

(c) in that paragraph omit “the National Health Service Act 2006 or”,

(d) in the text following paragraph (b), omit “Primary Care Trust,” (in
5both places where it occurs), and

(e) in that text, before “Health Authority” (in both places it occurs) insert
“clinical commissioning group,”.

58 In section 49 (transfer of staff to local authorities), in subsection (4)(b)—

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

(b) 10omit “Primary Care Trust,”.

59 In section 60 (removal of crown immunities), in subsection (7)—

(a) in paragraph (a) omit the words from “a Strategic” to “2006 or”, and

(b) in paragraph (aa) for “that Act” substitute “the National Health
Service Act 2006”.

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

60 The Access to Health Records Act 1990 is amended as follows.

61 In section 1, in subsection (2) (meaning of “holder” in relation to a health
record)—

(a) in paragraph (a)—

(i) 20for “a Primary Care Trust or” substitute “the National Health
Service Commissioning Board or a”, and

(ii) omit “Trust or”, and

(b) in paragraph (aa)—

(i) for “a Primary Care Trust, Strategic Health Authority or”
25substitute “the National Health Service Commissioning
Board or a”, and

(ii) omit “Trust, Authority or”.

62 In section 11 (interpretation)—

(a) in the definition of “health service body”, in paragraph (a)—

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

(ii) for “, Local” substitute “or Local”, and

(iii) omit “or Primary Care Trust”,

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

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

35London Local Authorities Act 1991 (c. xiii)

63 In section 4 of the London Local Authorities Act 1991 (interpretation) in the
definition of “establishment for special treatment”, in paragraph (d) for “by
a Primary Care Trust established under section 18 of the National Health
Service Act 2006” substitute “by any person in pursuance of arrangements
40made by the National Health Service Commissioning Board or by a clinical
commissioning group under the National Health Service Act 2006
(including by virtue of section 7A of that Act)”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

64 In section 279 of the Trade Union and Labour Relations (Consolidation) Act
1992 (health service practitioners)—

(a) in subsection (1), in paragraph (a) for “a Primary Care Trust”
5substitute “the National Health Service Commissioning Board”,

(b) in subsection (2), in paragraph (a) for “a Primary Care Trust,
Strategic Health Authority or” substitute “the National Health
Service Commissioning Board or a”,

(c) in paragraph (b) of that subsection, for “a Primary Care Trust or”
10substitute “the National Health Service Commissioning Board or a”,
and

(d) in that paragraph, for “entered into by him with a Primary Care
Trust” substitute “entered into by him with the National Health
Service Commissioning Board”.

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

65 In section 43A of the Charities Act 1993 (annual audit etc. of English NHS
charity accounts) in subsection (7), in the definition of “English National
Health Service charity”—

(a) omit paragraph (a),

(b) 20omit paragraph (b),

(c) before paragraph (c) insert—

“(ba) the National Health Service Commissioning Board;

(bb) a clinical commissioning group;”,

(d) after that paragraph insert—

“(ca) 25trustees for the National Health Service
Commissioning Board appointed in pursuance of
paragraph 11 of Schedule A1 to the National Health
Service Act 2006;

(cb) trustees for a clinical commissioning group appointed
30in pursuance of paragraph 14 of Schedule 1A to the
National Health Service Act 2006;”, and

(e) omit paragraph (e).

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

66 The Health Service Commissioners Act 1993 is amended as follows.

67 35In section 2 (health service bodies subject to investigation), in subsection
(1)—

(a) omit paragraph (a),

(b) omit paragraph (da), and

(c) after paragraph (db) insert—

“(dc) 40the National Health Service Commissioning Board,

(dd) clinical commissioning groups.”’.

68 In section 2A (health service providers subject to investigation), in
subsection (1)(a) for “a Primary Care Trust” substitute “the National Health
Service Commissioning Board”.

(1) 45Section 14 (reports etc. by the Commissioner) is amended as follows.

(2) In subsection (1)—

(a) at the end of paragraph (c) insert “and”, and

(b) omit paragraph (e) and the preceding “and”.

(3) In subsection (2A)—

(a) 5at the end of paragraph (d) insert “and”, and

(b) omit paragraph (f) and the preceding “and”.

(4) In subsection (2C)—

(a) at the end of paragraph (d) insert “and”, and

(b) omit paragraph (f) and the preceding “and”.

(5) 10Omit subsection (2E)(e).

(6) In subsection (2G)—

(a) at the end of paragraph (c) insert “and”, and

(b) omit paragraph (e) and the preceding “and”.

70 In section 19 (interpretation), in the definition of “direct payment services”,
15omit “, or under regulations under section 12A(4),”.

Health Authorities Act 1995 (c. 17)Health Authorities Act 1995 (c. 17)

71 In Schedule 2 to the Health Authorities Act 1995 (property, rights and
liabilities), in paragraph 2—

(a) in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and

(b) 20in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health
Authority,”.

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

72 The Employment Rights Act 1996 is amended as follows.

73 In section 43K (extension of meaning of “worker” etc for Part IVA)—

(a) 25in subsection (1)(ba) for “a Primary Care Trust” (in each place where
it occurs) substitute “the National Health Service Commissioning
Board”,

(b) in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the
National Health Service Commissioning Board”,

(c) 30in subsection (2)(aa) for “the Primary Care Trust or” substitute “the
National Health Service Commissioning Board, or the”.

74 In section 50 (right to time off for public duties), in subsection (8)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board,

(zb) 35a clinical commissioning group,” and

(b) in paragraph (b)—

(i) omit “a Strategic Health Authority established under section
13 of the National Health Service Act 2006,”, and

(ii) omit “or a Primary Care Trust established under section 18 of
40the National Health Service Act 2006,”.

75 In section 218 (change of employer), in subsection (10)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board,

(zb) a clinical commissioning group,”

(b) omit paragraph (a),

(c) 5in paragraph (b) for “that Act” substitute “the National Health
Service Act 2006”,

(d) omit paragraph (bb), and

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

10 Housing Grants, Construction and Regeneration Act 1996 (c. 53)Housing Grants, Construction and Regeneration Act 1996 (c. 53)

76 In section 3 of the Housing Grants, Construction and Regeneration Act 1996,
in subsection (2)(f) (persons ineligible for grants)—

(a) at the beginning insert “the National Health Service Commissioning
Board, a clinical commissioning group,”,

(b) 15omit “a Strategic Health Authority,”, and

(c) omit “, Primary Care Trust”.

Education Act 1996 (c. 56)Education Act 1996 (c. 56)

77 The Education Act 1996 is amended as follows.

(1) Section 322 (duty of certain bodies to help local authorities) is amended as
20follows.

(2) In subsection (1)—

(a) after “another local authority,” insert “the National Health Service
Commissioning Board, a clinical commissioning group or”,

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

(c) 25for “the board, authority or trust” substitute “that body”.

(3) In subsection (2), for “An authority, a board or a trust” substitute “A body”.

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

(a) after “request is made of” insert “the National Health Service
Commissioning Board, a clinical commissioning group or”,

(b) 30omit “or Primary Care Trust”, and

(c) for “that board or trust” substitute “that body”.

(5) In subsection (4)—

(a) for “an authority, a board” substitute “a local authority, the National
Health Service Commissioning Board, a clinical commissioning
35group or a Local Health Board”, and

(b) omit “or a trust”.

(1) Section 332 (duty of certain NHS bodies to notify parent) is amended as
follows.

(2) In subsection (1)—

(a) 40after “where” insert “a clinical commissioning group,” and

(b) omit “a Primary Care Trust,”.

(3) In subsection (2) for “trust” (in each place where it occurs) substitute “other
body”.

(4) In subsection (3) for “trust” substitute “other body”.

80 In section 579 (general interpretation), in subsection (1) in the definition of
“school buildings” in paragraph (c) for the words from “for enabling” to
“functions” substitute “for the carrying out of functions”.

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

81 In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not
subject to certain Commission studies)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

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

82 In section 69 of the Data Protection Act 1998 (meaning of “health
professional”)—

(a) in subsection (1), in paragraph (k) for “such a body” substitute “a
health service body”,

(b) 15in subsection (3), omit paragraph (a),

(c) in that subsection, before paragraph (b) insert—

“(aa) the Secretary of State in relation to the exercise of
functions under section 2A or 2B of, or paragraph 7C,
8 or 12 of Schedule 1 to, the National Health Service
20Act 2006,

(ab) a local authority in relation to the exercise of functions
under section 2B or 111 of, or any of paragraphs 1 to
7B or 13 of Schedule 1 to, that Act,”, and

(d) in that subsection, omit paragraph (bb).

25 Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

83 The Crime and Disorder Act 1998 is amended as follows.

84 In section 5 (authorities responsible for crime and disorder strategies), in
subsection (1)(e) for “Primary Care Trust” substitute “clinical
commissioning group”.

85 30In section 38 (local provision of youth justice services), in subsection (2)(b)—

(a) after “local probation board” insert “, clinical commissioning group
or”, and

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

(c) omit “or Primary Care Trust”.

86 35In section 39 (local provision of youth justice services), in subsection (3)(b)—

(a) after “local probation board” insert “, clinical commissioning group
or”, and

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

(c) omit “or Primary Care Trust”.

87 40In that section, in subsection (5)(d)—

(a) after “nominated by” insert “a clinical commissioning group or”, and

(b) omit “a Primary Care Trust or”.

88 In section 41 (the Youth Justice Board), in subsection (10)—

(a) after “provider of probation services,” insert “a clinical
commissioning group,”, and

(b) for “, a Strategic Health Authority,” substitute “and”, and

(c) 5omit “and a Primary Care Trust”.

89 In section 42 (supplementary provisions), in subsection (3)—

(a) after “provider of probation services,” insert “a clinical
commissioning group,”, and

(b) for “, a Strategic Health Authority,” substitute “or”, and

(c) 10omit “or a Primary Care Trust”.

90 In section 115, in subsection (2) (disclosure of information to relevant
authorities)—

(a) omit paragraph (ea),

(b) after paragraph (f) insert—

“(fa) 15the National Health Service Commissioning Board;

(fb) a clinical commissioning group;”, and

(c) omit paragraph (g).

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

91 The Health Act 1999 is amended as follows.

92 20In section 61 (English and Scottish border provisions)—

(a) in subsection (2)—

(i) after “Secretary of State” insert “the National Health Service
Commissioning Board”,

(ii) after “any” insert “clinical commissioning group”,

(iii) 25omit “Strategic Health Authority”, and

(iv) omit “or Primary Care Trust”, and

(b) in subsection (5)—

(i) after “any” insert “clinical commissioning group”, and

(ii) omit “Primary Care Trust”.

93 30In Schedule 4 (amendments relating to Primary Care Trusts)—

(a) omit paragraphs 1, 74, and 86, and the cross-heading preceding each
paragraph, and

(b) omit paragraphs 3(c), 82 and 85(2).

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

94 35In section 309E of the Greater London Authority Act 1999, in subsection (5)
(bodies to be included among relevant bodies for purposes of Mayor of
London’s health inequalities strategy)—

(a) omit paragraph (f),

(b) omit paragraph (g), and

(c) 40before paragraph (h) insert—

“(ga) the Secretary of State in relation to the exercise of
functions under section 2A or 2B of, or paragraph 7C,
8 or 12 of Schedule 1 to, the National Health Service
Act 2006,

(gb) the National Health Service Commissioning Board,

(gc) any clinical commissioning group (established under
section 14D of the National Health Service Act 2006)
for an area wholly or partly in Greater London,”.

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

95 In section 121 of the Care Standards Act 2000 (interpretation), in subsection
(1) in the definition of “National Health Service body”—

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

(b) omit “, a Primary Care Trust”.

10 Government Resources and Accounts Act 2000 (c. 20)Government Resources and Accounts Act 2000 (c. 20)

(1) Section 14 of the Government Resources and Accounts Act 2000
(summarised accounts) is amended as follows.

(2) In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health
Service Act 2006 or”.

(3) 15Omit subsection (3).

(4) In subsection (4) for “that subsection” substitute “subsection (1)”.

Local Government Act 2000 (c. 22)Local Government Act 2000 (c. 22)

97 In section 21C of the Local Government Act 2000 (reports and
recommendations of overview and scrutiny committees: duties of certain
20bodies), in subsection (6)—

(a) before paragraph (b) insert—

“(aa) the National Health Service Commissioning Board,

(ab) a clinical commissioning group, or”.

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

25 Regulation of Investigatory Powers Act 2000 (c. 23)Regulation of Investigatory Powers Act 2000 (c. 23)

98 In section 4 of the Regulation of Investigatory Powers Act 2000 (power to
provide for lawful interception) in subsection (5) for “section 8 of the
National Health Service Act 2006” substitute “section 4(3A)(a) of the
National Health Service Act 2006”.

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

99 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales)—

(a) omit paragraph 36A,

(b) before paragraph 38 insert—

“37A 35The National Health Service Commissioning Board.

37B A clinical commissioning group established under section
14D of the National Health Service Act 2006.”, and

(c) omit paragraph 39.

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

100 In Schedule 1 to the International Development Act 2002 (Statutory bodies
to which section 9 applies)—

(a) before the entry for a Health Board insert—

• 5“ the National Health Service Commissioning Board

• a clinical commissioning group”,

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

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

National Health Service Reform and Health Care Professions Act 2002 (c. 17)National Health Service Reform and Health Care Professions Act 2002 (c. 17)

101 10The National Health Service Reform and Health Care Professions Act 2002
is amended as follows.

102 Omit Schedule 1 (English health authorities: change of name to Strategic
Health Authorities).

103 Omit Schedule 2 (consequential amendments concerning the reallocation of
15functions to Primary Care Trusts).

Adoption and Children Act 2002 (c. 38)Adoption and Children Act 2002 (c. 38)

104 The Adoption and Children Act 2002 is amended as follows.

105 In section 4 (assessments etc for adoption support services), in subsection
(9)—

(a) 20before paragraph (a) insert—

“(za) there may be a need for the provision to that person of
services that may be provided pursuant to
arrangements made by a clinical commissioning
group under the National Health Service Act 2006
25(including by virtue of section 7A of that Act),”,

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

(c) in the text following paragraph (b)—

(i) after “notify that” insert “clinical commissioning group,”, and

(ii) omit “Primary Care Trust,”.

106 30In section 8 (bodies which cannot be adoption support agencies), in
subsection (2)—

(a) before paragraph (d) insert—

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

(b) 35in paragraph (d)—

(i) omit “, Primary Care Trust”, and

(ii) before “(in Wales,” insert “, clinical commissioning group”.

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

107 In section 133(4) of the Nationality, Immigration and Asylum Act 2002
40(power of medical inspector to disclose information to health service
bodies), in paragraph (a)—

(a) omit sub-paragraph (i),