Health and Social Care Bill (HL Bill 92)

(4) In that subsection in the definition of “NHS care”—

(a) after “health care” insert “—

• (a)

  commissioned by the National Health Service
  Commissioning Board or by a clinical
  5commissioning group (whether from an
  English NHS provider or not), or”, and

  (ii)

(b) omit from “provided by” to the end.

(5) After subsection (2) insert—

“(2A) 10Any reference in this Part to health care commissioned by the
National Health Service Commissioning Board or by a clinical
commissioning group is a reference to health care provided by other
persons pursuant to arrangements made by the Board or a clinical
commissioning group under the National Health Service Act 2006
15(including arrangements so made by virtue of section 7A of that
Act).”

(6) Omit subsection (3).

165 In section 153 (directions to certain NHS bodies) in subsection (1)—

(a) omit paragraph (a), and

(b) 20omit paragraph (b).

Education and Skills Act 2008 (c. 25)2008 (c. 25)

166 The Education and Skills Act 2008 is amended as follows.

167 In section 16 (supply of information by public bodies), in subsection (2)—

(a) omit paragraph (c),

(b) 25omit paragraph (d), and

(c) before paragraph (e) insert—

• “( da)

  a clinical commissioning group,”.

168 In section 77 (supply of information by public bodies), in subsection (2)—

(a) omit paragraph (c),

(b) 30omit paragraph (d), and

(c) before paragraph (e) insert—

“(da) a clinical commissioning group,”.

Autism Act 2009 (c. 15)2009 (c. 15)

169 In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the
35definition of “NHS body”—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) before paragraph (d) insert—

• “( ca)

  the National Health Service Commissioning
  40Board;

  (cb)

  a clinical commissioning group;”.

Local Democracy, Economic Development and Construction Act 2009 (c. 20)Local Democracy, Economic Development and Construction Act 2009 (c. 20)

170 The Local Democracy, Economic Development and Construction Act 2009 is
amended as follows.

171 In section 2 (duty to promote understanding of functions of certain public
5bodies))—

(a) in subsection (2), in paragraph (c) after “under” insert “section 2A or
2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health
Service Act 2006 or”,

(b) in that subsection, after paragraph (e) insert—

“(ea) 10the National Health Service Commissioning Board, so
far as exercising functions in respect of the principal
local authority’s area;”,

(c) in subsection (3), after paragraph (k) insert—

“(ka) a clinical commissioning group;”, and

(d) 15in that subsection—

(i) omit paragraph (l), and

(ii) omit paragraph (m).

172 In section 123 (partner authorities), in subsection (2)—

(a) after paragraph (h) insert—

“(ha) 20a clinical commissioning group;”, and

(b) omit paragraph (i).

Health Act 2009 (c. 21)2009 (c. 21)

173 The Health Act 2009 is amended as follows.

174 In each of the following provisions for “NHS services” substitute “health
25services”—

(a) the title to Part 1,

(b) section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and

(c) the definitions of “carers”, “patients” and “staff” in section 3(7).

(1) Section 2 (duty to have regard to NHS constitution) is amended as follows.

(2) 30In subsection (1), for “NHS functions” substitute “health service functions”.

(3) In subsection (2)—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) before paragraph (d) insert—

“(ca) 35the National Health Service Commissioning Board;

(cb) clinical commissioning groups;

(cc) local authorities (within the meaning of section 2B of
the National Health Service Act 2006);”.

(4) In subsection (3), for “an “NHS function”” substitute “a “health service
40function””.

(5) In subsection (4)—

(a) before paragraph (a) insert—

“(za) provides health services under arrangements made
by the National Health Service Commissioning Board
or a clinical commissioning group under or by virtue
5of section 3, 3A, 3B or 4 of, or Schedule 1 to, the
National Health Service Act 2006,”,

(b) omit the word “or” at the end of paragraph (a), and

(c) after paragraph (b) insert ‘, or

“(c) provides health services under arrangements made
10by a local authority for the purposes of its functions
under or by virtue of section 2B or 6C(1) of, or
Schedule 1 to, that Act.”

(6) In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za),
(a), (b) or (c)”.

(1) 15Section 3 (availability and review of NHS constitution) is amended as
follows.

(2) In subsection (3), omit paragraph (d).

(3) Omit subsection (8).

(1) Section 8 (duty of providers to publish information) is amended as follows.

(2) 20In subsection (1) for “NHS services” (in each place where it occurs) substitute
“relevant health services”.

(3) Omit subsection (2)(a).

(4) In subsection (3) for paragraphs (a) to (c) substitute—

“(a) provides health services as mentioned in section 2(4)(za) or
25(a), or

(b) in pursuance of a contract, agreement or arrangements as
mentioned in section 2(4)(za) or (a), makes arrangements for
another person to provide health services,”.

(5) For subsection (6) substitute—

“(6) 30In this section—

• “health services” has the same meaning as in Chapter 1;

• “relevant health services” means health services the provision
  of which is arranged by the National Health Service
  Commissioning Board or a clinical commissioning group
  35under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1
  to, the National Health Service Act 2006 or under or by virtue
  of Parts 4 to 7 of that Act.”

178 In section 9 (supplementary provision about the duty to publish
information), in subsection (3), for “a Strategic Health Authority” substitute
40“Monitor”.

179 In section 36 (disclosure of information by Her Majesty’s Revenue and
Customs), in subsection (3) after paragraph (a) insert—

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

Equality Act 2010 (c. 15)2010 (c. 15)

180 The Equality Act 2010 is amended as follows.

181 In section 1 (public sector duty regarding socio-economic inequalities), in
subsection (3)—

182 In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the
group of entries that includes entries for bodies whose functions relate to the
health service—

(a) 10at the beginning insert—

• “ The National Health Service Commissioning Board.

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

(b) in the entry for an NHS trust, for “that Act” substitute “the National
15Health Service Act 2006”,

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

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

Child Poverty Act 2010 (c. 9)2010 (c. 9)

183 In section 20 of the Child Poverty Act 2010 (partner authorities), in
20subsection (2)—

(a) after paragraph (e) insert—

“(ea) a clinical commissioning group;”,

Section 52(3)

25SCHEDULE 6 Part 1: transitional provision

Interpretation

(1) This paragraph applies for the purposes of this Schedule.

(2) “The initial period” means the period that—

(a) 30begins with the commencement of section 22, and

(b) ends with the day specified by the Secretary of State for the purposes
of section 14A of the 2006 Act (as inserted by section 22).

(3) “An initial application” means an application under section 14B of that Act
which is made during the initial period.

(4) 35“The Board” means the National Health Service Commissioning Board.

(5) “The 2006 Act” means the National Health Service Act 2006.

Modification of requirements as to consultation

(1) If, at any time before the commencement of section 6, the Secretary of State
consults a Special Health Authority as to the making of regulations under
section 3B of the 2006 Act (as inserted by section 12), the consultation is to be
5treated for the purposes of subsection (4)(b) of section 3B as consultation
with the Board.

(2) If, at any time before the commencement of section 6, the Secretary of State
consults a Special Health Authority about the objectives or requirements to
be included in the first mandate published under section 13A of the 2006 Act
10(as inserted by section 20), the consultation is to be treated for the purposes
of subsection (8)(a) of section 13A as consultation with the Board.

Directions under section 7 of the 2006 Act

(1) This paragraph applies if section 18 is commenced before section 30(1).

(2) Until section 30(1) is commenced, section 7(1) of the 2006 Act has effect as if
15after “Special Health Authority” there were inserted “or Strategic Health
Authority”.

(3) Sub-paragraph (4) applies in relation to any direction given under section
7(1) of the 2006 Act to a Strategic Health Authority which has effect
immediately before section 18 is commenced.

(4) 20Until section 30(1) is commenced, the direction continues to have effect as if
given to the Strategic Health Authority under section 7(1) of the 2006 Act (as
it has effect by virtue of sub-paragraph (2)).

(5) Sub-paragraph (6) applies in relation to any direction given under section
7(2) of the 2006 Act to a Special Health Authority in respect of the functions
25of a Strategic Health Authority which has effect immediately before section
18 is commenced.

(6) Until section 30(1) is commenced, the direction continues to have effect as if
given to the Special Health Authority in respect of the functions of the
Strategic Health Authority under section 7(1) of the 2006 Act.

(7) 30Any reference in this paragraph to section 7(1) of the 2006 Act is a reference
to that provision as amended by section 18.

(1) This paragraph applies if section 18 is commenced before section 31(1).

(2) Until section 31(1) is commenced, section 7(1) of the 2006 Act has effect as if
after “Special Health Authority” there were inserted “or Primary Care
35Trust”.

(3) Sub-paragraph (4) applies in relation to any direction given under section
7(1) of the 2006 Act to a Primary Care Trust which has effect immediately
before section 18 is commenced.

(4) Until section 31(1) is commenced, the direction continues to have effect as if
40given to the Primary Care Trust under section 7(1) of the 2006 Act (as it has
effect by virtue of sub-paragraph (2)).

(5) Sub-paragraph (6) applies in relation to any direction given under section
7(2) of the 2006 Act to a Special Health Authority in respect of the functions

of a Primary Care Trust which has effect immediately before section 18 is
commenced.

(6) Until section 31(1) is commenced, the direction continues to have effect as if
given to the Special Health Authority in respect of the functions of the
5Primary Care Trust under section 7(1) of the 2006 Act.

(7) Any reference in this paragraph to section 7(1) of the 2006 Act is a reference
to that provision as amended by section 18.

(1) Sub-paragraph (2) applies in relation to any direction given under section
7(1) of the 2006 Act to a Special Health Authority which has effect
10immediately before section 18 is commenced.

(2) The direction continues to have effect on and after the commencement of
that section as if given under section 7(1) of the 2006 Act (as amended by
section 18).

6 Any reference in paragraphs 3 to 5 to the commencement of section 18 is to
15its commencement by virtue of an order under section 300(4) (and not to its
commencement for limited purposes by virtue of section 300(1)(d)).

Exercise of Secretary of State’s functions in relation to Primary Care Trusts

(1) The Secretary of State may, at any time during the initial period, direct the
Board to exercise any functions of the Secretary of State that—

(a) 20relate to Primary Care Trusts or Strategic Health Authorities, and

(b) are specified in the direction.

(2) Sub-paragraph (1) does not apply to any power or duty of the Secretary of
State to make an order or regulations.

(3) Any rights acquired, or liabilities (including liabilities in tort) incurred, in
25respect of the exercise by the Board of any function exercisable by it by virtue
of sub-paragraph (1) are enforceable by or against the Board (and no other
person).

Conditional establishment of clinical commissioning groups

(1) Regulations may make provision authorising the Board to grant an initial
30application where the Board is not satisfied as to the matters mentioned in
section 14C(2) of the 2006 Act.

(2) In the following provisions of this paragraph, any reference to the grant of
an initial application is a reference to the grant of such an application by
virtue of the regulations.

(3) 35The regulations may authorise the Board to impose conditions on the grant
of an initial application.

(4) The regulations may, in relation to a clinical commissioning group
established under section 14D of the 2006 Act on the grant of an initial
application, authorise the Board—

(a) 40to direct the group not to exercise any functions specified in the
direction;

(b) to give directions to the group about the exercise of any of its
functions.

(5) If the regulations authorise the Board to give a direction mentioned in sub-
paragraph (4)(a), they may also authorise or require the Board to—

(a) exercise any functions specified in such a direction on behalf of the
clinical commissioning group;

(b) 5arrange for another clinical commissioning group to exercise those
functions on behalf of the group.

(6) The 2006 Act applies in relation to a clinical commissioning group
established on the grant of an initial application with such modifications as
may be specified in the regulations.

(7) 10The regulations may, in particular, provide for the power in section 14Z19(7)
of the 2006 Act to be exercisable by the Board where a clinical commissioning
group is failing or has failed to comply with any conditions imposed by
virtue of the regulations.

(8) The regulations may make provision requiring the Board to keep under
15review any conditions imposed or directions given by virtue of the
regulations.

(9) The regulations must make provision authorising the Board to vary or
remove any conditions imposed, or to vary or revoke any directions given,
by virtue of the regulations.

(10) 20The regulations may make provision—

(a) as to factors which the Board must or may take into account in
deciding how to exercise any power conferred on the Board by the
regulations;

(b) as to the procedure to be followed by the Board before exercising any
25such power.

(11) Sub-paragraph (12) applies if all the conditions imposed and directions
given in relation to a clinical commissioning group are removed or (as the
case may be) revoked.

(12) In relation to any time after the day on which the clinical commissioning
30group ceases to be subject to any conditions or directions, the group is to be
deemed to have been established by virtue of an application granted under
section 14C of the 2006 Act.

Exercise of functions of clinical commissioning groups during initial period

(1) This paragraph applies to a clinical commissioning group if the application
35for its establishment is granted under section 14C of the 2006 Act during the
initial period.

(2) The Board may direct that, during that period, the clinical commissioning
group may only exercise such of its functions as are specified in the
direction.

40Preparatory work by clinical commissioning groups during initial period

(1) This paragraph applies to a clinical commissioning group which is
prevented by a direction given by virtue of paragraph 5 or 6 of this Schedule
from exercising a function.

(2) The giving of the direction does not prevent the group from doing anything
that appears to it to be necessary or expedient for the purpose of preparing
it to exercise that function.

Arrangements between PCTs and clinical commissioning groups during initial period

(1) 5A Primary Care Trust may at any time during the initial period make
arrangements with a clinical commissioning group under which the group
exercises any functions of the Primary Care Trust on its behalf.

(2) Any reference (however expressed) in the following provisions of Chapter
A2 of Part 2 of the National Health Service Act 2006 to the functions of a
10clinical commissioning group includes a reference to the functions of a
Primary Care Trust that are exercisable by the group by virtue of sub-
paragraph (1)—

(a) section 14O(1),

(b) section 14P,

(c) 15section 14Q(1),

(d) section 14S,

(e) section 14T(1),

(f) section 14U,

(g) section 14V(1),

(h) 20section 14W,

(i) section 14X,

(j) section 14Y(1) and (2),

(k) section 14Z1(7).

(l) section 14Z2(1),

(m) 25section 14Z3(2),

(n) section 14Z5(7) insofar as it defines “commissioning functions” in
section 14Z6,

(o) sections 14Z15(1), 14Z17(1) and 14Z19(1) and (3),

(p) in Schedule 1A, paragraphs 3(1) and (3), 5 and 11(9)(b).

(3) 30Arrangements made under sub-paragraph (1) do not affect the liability of
the Primary Care Trust for the exercise of any of its functions.

Power to make payments to the Board during initial period

(1) The Secretary of State may make payments to the Board of such amounts as
the Secretary of State considers appropriate towards meeting the
35expenditure of the Board which is attributable to the performance by it of its
functions during the initial period.

(2) Payments under sub-paragraph (1) may be made at such times and on such
terms and conditions as the Secretary of State considers appropriate.

(1) The Secretary of State may make payments to the Board of such amounts as
40the Secretary of State considers appropriate towards meeting the
expenditure of the Board which is attributable to the performance by it of its
functions during the initial period.

(2) Payments under sub-paragraph (1) may be made at such times and on such
terms and conditions as the Secretary of State considers appropriate.

45Support for clinical commissioning groups during initial period

(1) A Primary Care Trust may provide assistance or support to a clinical
commissioning group during the initial period.

(2) The assistance that may be provided includes—

(a) financial assistance, and

(b) making the services of the Trust’s employees or any other resources
of the Trust available to the group.

(3) Assistance or support provided under this paragraph may be provided on
such terms and conditions, including terms as to payment, as the Trust
5considers appropriate.

(4) The Primary Care Trust may, in particular, impose restrictions on the use of
any financial or other assistance or support provided under this paragraph.

(5) A clinical commissioning group must comply with any restrictions imposed
under sub-paragraph (4).

Section 53(4)

10SCHEDULE 7 Abolition of the Health Protection Agency: consequential amendments

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

1 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation)—

(a) 15omit the entry for the Health Protection Agency, and

(b) in the Notes, omit the paragraph on the Health Protection Agency.

Superannuation Act 1972 (c. 11)Superannuation Act 1972 (c. 11)

2 In Schedule 1 to the Superannuation Act 1972 (kinds of employment to
which a scheme under section 1 of that Act can apply), omit the entry for the
20Health Protection Agency.

Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70)

3 In section 113 of the Local Government Act 1972 (placing of staff of local
authorities at disposal of other local authorities), in subsection (1A) omit
“the Health Protection Agency,” in each place it occurs.

25 Health and Safety at Work etc. Act 1974 (c. 37)Health and Safety at Work etc. Act 1974 (c. 37)

4 The Health and Safety at Work etc. Act 1974 is amended as follows.

5 In section 16 (approval of codes of practice), in subsection (2)(a) omit the
words from “(and, in particular,” to the end.

6 In section 50 (exercise of certain powers to make regulations), in subsection
30(3)(a) omit the words from “, and, in the case of” to “the Health Protection
Agency”.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

7 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership of the House), omit the entry for the
35chairman and any non-executive member of the Health Protection Agency.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

8 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (offices disqualifying for membership of the Assembly), omit the
entry for the chairman and any non-executive member of the Health
5Protection Agency.

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

9 In section 218 of the Employment Rights Act 1996 (change of employer), in
subsection (10) omit paragraph (dd).

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

10 10In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities), omit the entry for the Health Protection Agency.

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

11 In Schedule 1 to the International Development Act 2002 (statutory bodies
who may exercise certain powers for the purpose of assisting countries
15outside the UK), omit the entry for the Health Protection Agency.

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

(1) Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power
of medical inspector to disclose information to health service bodies) is
amended as follows.

(2) 20In paragraph (a)—

(a) before sub-paragraph (i) insert—

“(ai) the Secretary of State,”, and

(b) omit sub-paragraph (vi) and the “or” preceding it.

(3) In paragraph (b)—

(a) 25after sub-paragraph (i) insert “or”, and

(b) omit sub-paragraph (iv) and the “or” preceding it.

(4) In paragraph (c)—

(a) before sub-paragraph (i) insert—

“(ai) the Secretary of State,”,

(b) 30after sub-paragraph (i) insert “or”, and

(c) omit sub-paragraph (iii).

(5) In paragraph (d)—

(a) after sub-paragraph (ii) insert—

“(iia) the Regional Agency for Public Health and
35Social Well-being established under section 12
of the Health and Social Care (Reform) Act
(Northern Ireland) 2009, or”, and

(b) omit sub-paragraph (iv) and the “, or” preceding it.