Health and Social Care Bill (HL Bill 92)

(b) before sub-paragraph (ii) insert—

“(ia) the National Health Service Commissioning
Board,

(ib) a clinical commissioning group established
5under section 14D of the National Health
Service Act 2006,

(ic) 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, the
10National Health Service Act 2006,”, and

(c) omit sub-paragraph (iii).

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

108 The Community Care (Delayed Discharges etc.) Act 2003 is amended as
follows.

109 15In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in
subsection (1), in the definition of “NHS body” in paragraph (b) omit “a
Primary Care Trust (in England) or”.

110 In section 9 (dispute resolution)—

(a) in subsection (1) omit “by Strategic Health Authorities in England
20and”,

(b) at the end of that subsection insert “in relation to Wales”,

(c) in subsection (2) omit —

(i) “Strategic Health Authority or”, and

(ii) “Authority or”,

(d) 25in subsection (3)—

(i) for “the appropriate Minister” substitute “the Welsh
Ministers”,

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

(iii) omit “Authority or”, and

(e) 30in subsection (4)(a) omit “Strategic Health Authority or”.

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

111 In section 16 of the Licensing Act 2003 (applicant for premises licence), in
subsection (3), in the definition of “health service body” omit paragraph (b).

Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

112 35In section 42 of the Sexual Offences Act 2003 (care workers: interpretation)
in subsection (5), in the definition of “National Health Service body”—

(a) after paragraph (b) insert—

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

(bb) 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, the National Health Service
45Act 2006,”, and

(b) omit paragraph (c).

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

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

114 5In section 45 (quality in health care), in subsection (4), omit “, or under
regulations under section 12A(4),”.

115 In section 71 (reporting to Secretary of State and regulator)—

(a) in subsection (2), after “special measures” insert “or request another
person to take special measures”, and

(b) 10omit subsections (3) and (4).

116 In section 113 (complaints about health care), in subsection (1), after
paragraph (c) insert—

“(d) anything done by the National Health Service
Commissioning Board or a clinical commissioning group in
15pursuance of arrangements made under section 7A of the
National Health Service Act 2006.”

117 In section 148 (interpretation of Part 2), in the definition of “English NHS
body”—

(a) omit paragraph (a),

(b) 20omit paragraph (b), and

(c) before paragraph (d) insert—

“(ca) the National Health Service Commissioning Board;

(cb) a clinical commissioning group;”.

118 In section 160 (provision of information)—

(a) 25in subsection (1), after paragraph (g) insert—

“(h) if the injured person received NHS treatment
pursuant to arrangements made by a clinical
commissioning group under section 3 or 3A of the
National Health Service Act 2006, the clinical
30commissioning group.”, and

119 In section 165 (power to apply provisions about recovery of charges to non-
NHS hospitals), in subsection (3)(b)—

(a) 35omit sub-paragraph (i), and

(b) before sub-paragraph (ii) insert—

“(ia) the National Health Service Commissioning
Board,

(ib) a clinical commissioning group,”.

40 Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

120 In section 325 of the Criminal Justice Act 2003 (arrangements for assessing
etc risks posed by certain offenders)—

(a) after subsection (6)(b) insert—

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

(b) after subsection (6)(d) insert—

“(da) every local authority (in its capacity as a person
exercising functions for the purposes of the health
service) any part of whose area falls within the
5relevant area,”,

(c) in subsection (6)(f) omit “or Strategic Health Authority”,

(d) in subsection (6)(g)—

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

(ii) omit “Primary Care Trust or”.

10 Carers (Equal Opportunities) Act 2004 (c. 15)Carers (Equal Opportunities) Act 2004 (c. 15)

(1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation
between authorities) is amended as follows.

(2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in
pursuance of arrangements made by”.

(3) 15In subsection (3) after “provide” insert “or arrange for the provision of”.

(4) In subsection (5)—

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

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

(cb) the National Health Service Commissioning Board,
and”, and

(b) in paragraph (d)—

(i) 25after “any” insert “clinical commissioning group,”, and

(ii) omit “Primary Care Trust”.

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

122 In section 9 of the Domestic Violence, Crime and Victims Act 2004
(establishment and conduct of domestic homicide reviews), in the list in
30subsection (4)(a)—

(a) after the entry for local probation boards insert—

• “the National Health Service Commissioning Board;

• clinical commissioning groups established under
  section 14D of the National Health Service Act 2006;”,

(b) 35omit the entry for Strategic Health Authorities, and

(c) omit the entry for Primary Care Trusts.

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

123 The Children Act 2004 is amended as follows.

124 In section 10 (co-operation to improve wellbeing), in subsection (4)—

(a) 40after paragraph (d) insert—

“(da) the National Health Service Commissioning Board;”

(b) after paragraph (da) (as inserted by paragraph (a) above) insert—

“(db) any clinical commissioning group for an area any part
of which falls within the area of the authority;”, and

(c) omit paragraph (e).

125 5In section 11 (arrangements to safeguard and promote welfare), in
subsection (1)—

(a) after paragraph (b) insert—

“(ba) the National Health Service Commissioning Board;”

(b) after paragraph (ba) (as inserted by paragraph (a) above) insert—

“(bb) 10a clinical commissioning group;”,

(c) omit paragraph (c), and

(d) omit paragraph (e).

126 In section 12A (establishment of children’s trust boards), after subsection (7)
at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.

127 15In section 13 (establishment of Local Safeguarding Children Boards), in
subsection (3)—

(a) after paragraph (d) insert—

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

(b) after paragraph (da) insert—

“(db) 20any clinical commissioning group for an area any part
of which falls within the area of the authority;”, and

(c) omit paragraph (e).

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

(1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2
25responders) is amended as follows.

(2) In Part 1 (which contains the general list of Category 1 responders)—

(a) after the cross-heading “Health” insert—

“4A The National Health Service Commissioning Board.”, and

(b) omit paragraph 7.

(3) 30In Part 3 (which contains the general list of Category 2 responders)—

(a) after the cross-heading “Health” insert—

“29ZA A clinical commissioning group established under section
14D of the National Health Service Act 2006.”, and

(b) omit paragraph 29A.

35 Mental Capacity Act 2005 (c. 9)Mental Capacity Act 2005 (c. 9)

129 The Mental Capacity Act 2005 is amended as follows.

130 In section 35 (appointment of independent mental capacity advocates)—

(a) in subsection (1), for “appropriate authority” substitute “responsible
authority”,

(b) 40in subsection (4), for “appropriate authority” substitute “responsible
authority”, and

(c) after subsection (6) insert—

“(6A) In subsections (1) and (4), “the responsible authority”
means—

(a) in relation to the provision of the services of
5independent mental capacity advocates in the area of
a local authority in England, that local authority, and

(b) in relation to the provision of the services of
independent mental capacity advocates in Wales, the
Welsh Ministers.

(6B) 10In subsection (6A)(a), “local authority” has the meaning
given in section 64(1) except that it does not include the
council of a county or county borough in Wales.”

131 In section 64 (interpretation), in subsection (1) in the definition of “local
authority”, after “except in” insert “section 35(6A)(a) and”.

(1) 15Schedule A1 (hospital and care home residents: deprivation of liberty) is
amended as follows.

(2) In paragraph 176 (meaning of “managing authority”), in sub-paragraph
(1)—

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

(b) 20in that paragraph omit “Strategic Health Authority,”,

(c) after that paragraph insert—

“(aa) in relation to England, if the hospital falls within
paragraph (a)(i) or (ii) and no Special Health
Authority has responsibility for its administration,
25the Secretary of State;”, and

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

(3) In paragraph 180 (supervisory bodies: hospitals in England)—

(a) for sub-paragraph (2) substitute—

“(2) If the relevant person is ordinarily resident in the area of a
30local authority in England, the supervisory body are that
local authority.”

(b) in sub-paragraph (3), after “If” insert “the relevant person is not
ordinarily resident in England and”,

(c) in sub-paragraph (4), for “the Primary Care Trust” substitute “the
35local authority”,

(d) after sub-paragraph (4) insert—

“(4A) Local authority” means—

(a) the council of a county;

(b) the council of a district for which there is no county
40council;

(c) the council of a London borough;

(d) the Common Council of the City of London;

(e) the Council of the Isles of Scilly.”, and

(e) in sub-paragraph (5), for “Primary Care Trusts” substitute “local
45authorities”.

(4) In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-

paragraph (3) substitute—

“(3) But if the relevant person is ordinarily resident in the area of a
local authority in England, the supervisory body are that local
authority.

(4) 5“Local authority” means—

(a) the council of a county;

(b) the council of a district for which there is no county
council;

(c) the council of a London borough;

(d) 10the Common Council of the City of London;

(e) the Council of the Isles of Scilly.”

(5) Before paragraph 183 insert the following heading—

“Supervisory bodies: determination of place of ordinary residence”.

(6) In that paragraph—

(a) 15in sub-paragraph (1), for “paragraph” substitute “paragraphs 180,
181 and”, and

(b) in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to
any determination of where a person is ordinarily resident for the
purposes of paragraph 182”.

20 Childcare Act 2006 (c. 21)Childcare Act 2006 (c. 21)

133 In section 4 of the Childcare Act 2006 (duty of local authority and relevant
partners to work together), in subsection (1)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;”,
25and”

(b) in paragraph (a)—

(i) at the beginning insert “a clinical commissioning group”,

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

(iii) omit “or Primary Care Trust”.

30 Emergency Workers (Obstruction) Act 2006 (c. 39)Emergency Workers (Obstruction) Act 2006 (c. 39)

134 In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing
emergency workers)—

(a) in subsection (5), in paragraph (a)—

(i) after “Wales,” insert “the Secretary of State in the exercise of
35public health functions, a local authority in the exercise of
public health functions, the National Health Service
Commissioning Board, a clinical commissioning group,”,
and

(ii) omit “, Primary Care Trust”, and

(b) 40after that subsection insert—

“(6) In subsection (5)(a) above “public health functions”—

(a) in relation to the Secretary of State, has the same
meaning as in section 1E(5)(a) of the National Health
Service Act 2006;

(b) in relation to a local authority, has the same meaning
5as in section 1E(5)(b) of that Act.”

National Health Service (Consequential Provisions) Act 2006 (c. 43)National Health Service (Consequential Provisions) Act 2006 (c. 43)

135 In Schedule 1 to the National Health Service (Consequential Provisions) Act
2006—

(a) omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b),
1054(b), 90(e), 112(a), 125(c), 141(a), 170(b), 179(b)(iv), 180(c), 211(d),
228(a), 233(c), 234(c), 271(c) and 294 (which make amendments
relating to Primary Care Trusts), and

(b) omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a),
228(c), 233(a), 234(a) and 271(e) (which make amendments relating to
15Strategic Health Authorities).

NHS Redress Act 2006 (c. 44)NHS Redress Act 2006 (c. 44)

136 The NHS Redress Act 2006 is amended as follows.

137 In section 1, in subsection (3)—

(a) after paragraph (a) insert—

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

(ab) a clinical commissioning group,”,

(b) omit paragraph (b),

(c) omit paragraph (c), and

(d) in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.

138 25In section 18 (interpretation), in subsection (1) omit the definition of
“designated Strategic Health Authority”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)Safeguarding Vulnerable Groups Act 2006 (c. 47)

139 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

140 In section 6 (regulated activity providers)—

(a) 30omit subsection (8D), and

(b) before subsection (9) insert—

“(8E) The National Health Service Commissioning Board or a
clinical commissioning group does not make arrangements
for another to engage in a regulated activity by virtue of
35anything the Board or the clinical commissioning group does
under section 12A or 12D, or regulations under 12B, of the
National Health Service Act 2006 (direct payments for health
services).”

141 In section 17 (NHS employment) in subsection (3)—

(a) 40before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;

(zb) a clinical commissioning group;”,

(b) omit paragraph (b), and

(c) omit paragraph (f).

(1) Section 21 (controlled activity relating to children) is amended as follows.

(2) In subsection (5)(a), omit “, or regulations under section 12A(4),”.

(3) In subsection (8)(aa), omit “, or under regulations under section 12A(4),”.

143 5In section 22 (controlled activity relating to vulnerable adults), in subsection
(6) in the definition of “hospital services” omit paragraph (d).

144 In section 59 (vulnerable adults), in subsection (1)(ia), omit “, or under
regulations under section 12A(4),”.

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

145 10In section 6 of the Corporate Manslaughter and Corporate Homicide Act
2007 (emergencies), in subsection (7) in the definition of “relevant NHS
body”—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;”,
15and”

(b) in paragraph (a)—

(i) at the beginning insert “a clinical commissioning group,”

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

(iii) omit “Primary Care Trust,”.

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

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

(1) Section 222 (arrangements relating to local care services) is amended as
follows.

(2) 25In subsection (3)—

(a) after paragraph (c) insert “or

(ca) a clinical commissioning group.”,

(b) omit paragraph (d), and

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

(3) 30After that subsection insert—

“(3A) The arrangements must not be made with the National Health
Service Commissioning Board.”

148 In section 224 (duties of services-providers to respond to local involvement
networks)—

(a) 35for “services-provider”, in each place it appears, substitute
“responsible person”,

(b) in subsection (2), before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;

(zb) a clinical commissioning group;”,

(c) 40in subsection (2), omit paragraph (c), and

(d) in the title, for “services-providers” substitute “responsible persons”.

149 In section 225 (duties of services-providers to allow entry by local
involvement networks), in subsection (7), omit paragraph (c).

150 In section 227 (annual reports), in subsection (4)(b)—

(a) omit “each Primary Care Trust,”,

(b) 5omit “and”,

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

(d) omit the words from “any” to the end.

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

151 In section 119 of the Criminal Justice and Immigration Act 2008 (offence of
10causing nuisance or disturbance on NHS premises), in subsection (4) in the
definition of “relevant English NHS body”, omit paragraph (b).

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

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

153 In section 30 (urgent procedure for cancellation), in subsection (3)—

(a) 15before paragraph (a) insert—

“(za) in any case where regulations so provide, to the
National Health Service Commissioning Board,”,

(b) in paragraph (a)—

(i) at the beginning insert “in any case where regulations so
20provide,”,

(ii) after “such” insert “clinical commissioning group”, and

(iii) omit “Primary Care Trust”, and

(c) omit paragraph (b).

154 In section 39 (bodies required to be notified of certain matters), in subsection
25(1)—

(a) before paragraph (a) insert—

“(za) in any case where regulations so provide, to the
National Health Service Commissioning Board,”,

(b) in paragraph (a)—

(i) 30at the beginning insert “in any case where regulations so
provide,”,

(ii) after “such” insert “clinical commissioning group”, and

(iii) omit “Primary Care Trust”, and

(c) omit paragraph (b).

155 35In section 46 (reviews and investigations)—

(a) omit subsection (1),

(b) omit subsection (2), and

(c) in subsections (4) and (6)(a), for “a body’s” substitute “a local
authority’s”.

156 40In section 48 (special reviews and investigations)—

(a) in subsection (2) after paragraph (b) (and before the “or”
immediately following it) insert—

“(ba) the exercise of the functions of the National Health
Service Commissioning Board or a clinical

commissioning group in arranging for the provision
of NHS care under the National Health Service Act
2006,”,

(b) in subsection (8) omit paragraph (a) and the word “or” immediately
5following it.

157 In section 49 (power to extend periodic review function), in subsection (3)—

(a) omit “a Primary Care Trust,”, and

(b) omit “another English NHS provider or”.

158 In section 54 (studies as to economy, efficiency etc)—

(a) 10omit subsection (2)(b), and

(b) in subsection (5) after “reference to” insert “the National Health
Service Commissioning Board, a clinical commissioning group or”.

159 In section 59 (additional functions) at the end insert—

“(3) The references in subsection (1) to English NHS bodies do not
15include references to the National Health Service Commissioning
Board or clinical commissioning groups.”

160 In section 64 (power to require documents and information), in subsection
(2)(b)—

(a) after “commissioned by” insert “—

(i) 20the National Health Service Commissioning
Board,

(ii) a clinical commissioning group, or

(iii)”, and

(b) omit “a Primary Care Trust”.

161 25In section 70 (co-operation between the Care Quality Commission and the
Independent Regulator of NHS foundation trusts, in subsection (3)(a) omit
“section 46 or”.

162 In section 72 (provision of material to the Comptroller and Auditor
General)—

(a) 30omit paragraph (a), and

(b) in paragraph (b), for “such a body” substitute “an English NHS
body”.

163 In section 81 (publication of programme of reviews etc), in subsection (2)
after paragraph (a) and before the “and” immediately following it insert—

“(aa) 35the National Health Service Commissioning Board,”.

(1) Section 97 (general interpretation of Part 1) is amended as follows.

(2) In subsection (1) in the definition of “English NHS body”—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) 40before paragraph (d) insert—

• “( ca)

  the National Health Service Commissioning
  Board,

  (cb)

  a clinical commissioning group,”.

(3) In that subsection in the definition of “English NHS provider” omit
45paragraph (a).