Health and Social Care Bill (HL Bill 92)

(3) In subsection (5), for “the trust” substitute “the NHS foundation trust in
question”.

(4) For the title to that section substitute “The regulator’s decision”.

(5) Before that section, insert as a cross-heading “Action by the regulator and
5the Secretary of State”.

(1) Section 65L (trusts coming out of administration) is amended as follows.

(2) In subsection (1)—

(a) for “65K” substitute “65KB(2) or 65KD(2) or (9)”, and

(b) for “the trust” substitute “the NHS foundation trust in question”.

(3) 10In subsection (2)—

(a) for “The Secretary of State” substitute “The regulator”, and

(b) for “and directors” substitute “, directors and governors”.

(4) Omit subsections (2A), (2B) and (6).

(5) In consequence of the repeal of subsections (2A) and (2B) of that section,
15omit section 174(3) of this Act.

(1) Section 65M (replacement of special administrator) is amended as follows.

(2) In subsection (1), for “the Secretary of State”, in each place it appears,
substitute “the regulator”.

(3) In subsection (2), for “the Secretary of State” substitute “the regulator”.

(4) 20Omit subsection (3).

(5) In consequence of that repeal, omit section 175(1) of this Act.

(1) Section 65N (guidance) is amended as follows.

(2) In subsection (1), for “The Secretary of State” substitute “The regulator”.

(3) Omit subsection (4).

(4) 25In consequence of that repeal, omit section 175(3) of this Act.

25 In section 66 (intervention orders) (as amended by paragraph 8(1) of
Schedule 22 to this Act), in subsection (1), omit paragraph (a) and the “and”
following it.

26 In section 68 (default powers) (as amended by paragraph 10(1) of Schedule
3022 to this Act), in subsection (1), omit paragraph (a).

(1) In section 70(1) (transfer of residual liabilities of certain NHS bodies), omit
“an NHS trust or”.

(2) For the title to section 70 substitute “Transfer of residual liabilities of Special
Health Authorities”.

28 35In section 71 (schemes for meeting losses etc. of certain health bodies)—

(a) in subsection (2), omit paragraph (c),

(b) in subsections (3) and (6), omit “NHS trust,”, and

(c) in subsection (5), omit “(c),”.

29 In section 77 (Care Trusts)—

(a) in subsection (1)(a) omit “an NHS Trust or”, and

(b) in subsections (10) and (12) omit “NHS trust or”.

30 Omit section 78 (directed partnership arrangements).

31 In section 185(2) (charges for more expensive supplies), omit “an NHS trust”.

32 5In section 186(2) (charges for repairs and replacements in certain cases), omit
“an NHS trust”.

33 In section 196(3) (bodies to which provisions about protection from fraud
etc. relate), omit paragraph (d).

34 In section 217(1) (supplementary provisions about trusts), omit paragraph
10(h).

(1) In section 242 (public involvement and consultation)—

(a) in subsection (1)(b), for “relevant Welsh bodies” substitute “NHS
trusts”,

(b) in subsection (1A), in the definition of “relevant English body”, omit
15paragraph (c),

(c) in subsection (2), omit the definition of “relevant Welsh body”, and

(d) in subsection (2), for “relevant Welsh body” substitute “NHS trust”.

(2) In consequence of the repeal made by sub-paragraph (1)(c), omit section
233(3) of the Local Government and Public Involvement in Health Act 2007.

36 20In section 272(3) (orders not to be made by statutory instrument), omit
paragraph (e).

37 Omit section 272(5).

38 In section 275 (interpretation), in subsection (1), in the definition of “NHS
trust”, for “includes” substitute “means”.

39 25In section 276 (index of defined expressions), omit the entry for “NHS trust
order”.

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

(2) In paragraph 1—

(a) in sub-paragraph (1) omit paragraphs (d) and (e), and

(b) 30omit sub-paragraph (3).

(3) In paragraph 4(1), omit paragraph (b) and the “or” which precedes it.

(4) In paragraph 5—

(a) in sub-paragraph (1) for “neither a Special Health Authority nor
NHS Direct” substitute “not a Special Health Authority”, and

(b) 35in sub-paragraph (3) for “NHS body that is a Special Health
Authority or NHS Direct” substitute “Special Health Authority”.

(5)
In paragraph 6—

(a) in sub-paragraph (1) for “an NHS body that is a Special Health
Authority or NHS Direct” substitute “a Special Health Authority”,
40and

(b) in sub-paragraph (3) for “body” substitute “Special Health
Authority”.

41 In consequence of the repeal of section 56(6) by section 165(6) of this Act,
omit paragraph 84 of Schedule 5 to the Health and Social Care Act 2008.

Part 2 Amendments of other Acts

5 Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

42 In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936
(definitions), in the definition of “NHS trust” omit “the National Health
Service Act 2006 or”.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)Public Bodies (Admission to Meetings) Act 1960 (c. 67)

43 10In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which the Act applies), in paragraph 1(l) omit “section 25 of the
National Health Service Act 2006 or”.

Abortion Act 1967 (c. 87)Abortion Act 1967 (c. 87)

44 In section 1(3) of the Abortion Act 1967 (location of treatment for termination
15of pregnancy) after “National Health Service trust” insert “established under
section 18 of the National Health Service (Wales) Act 2006 or the National
Health Service (Scotland) Act 1978”.

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

45 In section 3(2)(a) of the Employers’ Liability (Compulsory Insurance) Act
201969 (NHS bodies exempted from insurance requirement), omit “section 25
of the National Health Service Act 2006,”.

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

46 In section 113(4) of the Local Government Act 1972 (placing of staff of local
authorities at disposal of NHS trusts), omit “section 25 of the National
25Health Service Act 2006 or”.

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

47 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership of the House), in the entry for
National Health Service trusts omit “the National Health Service Act 2006
30or”.

Acquisition of Land Act 1981 (c. 67)Acquisition of Land Act 1981 (c. 67)

48 The Acquisition of Land Act 1981 is amended as follows.

49 In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase),
omit “section 25 of the National Health Service Act 2006 or”.

50 35In section 17(4) (special parliamentary procedure applying to compulsory
purchase orders concerning NHS trusts’ land), in paragraph (aa) of the
definition of “statutory undertakers” omit “section 25 of the National Health
Service Act 2006 or”.

Mental Health Act 1983 (c. 20)Mental Health Act 1983 (c. 20)

51 In section 139(4) of the Mental Health Act 1983 (exemption from protection
for acts done in pursuance of the Act), omit “the National Health Service Act
2006 or”.

5 Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

52 In section 2(5) of the Disabled Persons (Services, Consultation and
Representation) Act 1986 (rights of authorised representatives of disabled
persons), in paragraph (a) omit “that Act or”.

Copyright, Designs and Patents Act 1988 (c. 48)Copyright, Designs and Patents Act 1988 (c. 48)

53 10In section 48 of the Copyright, Designs and Patents Act 1988 (material
communicated to the Crown in the course of public business), in subsection
(6) omit “section 25 of the National Health Service Act 2006,”.

Health and Medicines Act 1988 (c. 49)Health and Medicines Act 1988 (c. 49)

54 In section 7(3) of the Health and Medicines Act 1988 (powers to give
15directions in relation to financing of the NHS), in paragraph (i) omit “an
NHS trust or”.

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

55 In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances
to requirement for third party insurance), omit “section 25 of the National
20Health Service Act 2006,”.

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

56 In section 11 of the Access to Health Records Act 1990 (interpretation), in the
definition of “health service body”, in paragraph (d), omit “, section 25 of the
National Health Service Act 2006”.

25 Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

57 In Schedule 4A to the Water Industry Act 1991 (premises not to be
disconnected for non-payment), in paragraph 16 omit “the National Health
Service Act 2006 or”.

London Local Authorities Act 1991 (c. xiii)

58 30In section 4 of the London Local Authorities Act 1991 (interpretation), in the
definition of “establishment for special treatment”, in paragraph (d) omit
“section 25 of that Act or”.

Social Security Contributions and Benefits Act 1992 (c. 4)Social Security Contributions and Benefits Act 1992 (c. 4)

59 The Social Security Contributions and Benefits Act 1992 is amended as
35follows.

60 In section 163(6) (interpretation of Part 11), omit “the National Health
Service Act 2006,”.

61 In section 171(3) (interpretation of Part 12), omit “the National Health
Service Act 2006,”.

62 In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National
Health Service Act 2006,”.

63 5In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National
Health Service Act 2006,”.

Welsh Language Act 1993 (c. 38)Welsh Language Act 1993 (c. 38)

64 In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in
subsection (1)(g) omit “the National Health Service Act 2006 or”.

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

65 The Charities Act 1993 is amended as follows.

(1) In section 43A(7) (annual audit etc. of English NHS charity accounts), in the
definition of “English National Health Service charity”, omit paragraphs (c),
(d) and (da).

(2) 15In consequence of the repeal made by sub-paragraph (1), omit paragraph
161(a) of Schedule 1 to the National Health Service (Consequential
Provisions) Act 2006.

67 In section 43B (annual audit etc. of Welsh NHS charity accounts), in
subsection (4)—

(a) 20in paragraph (b) omit the words from “all or most” to the end,

(b) in paragraph (c) omit “falling within paragraph (b)”, and

(c) in paragraph (d) omit “such”.

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

68 In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject
25to investigation by the Commissioner), omit paragraph (d).

Vehicle Excise and Registration Act 1994 (c. 22)Vehicle Excise and Registration Act 1994 (c. 22)

69 In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle
exempt from vehicle excise duty), in paragraph 7(b) omit “the National
Health Service Act 2006,”.

30 Value Added Tax Act 1994 (c. 23)Value Added Tax Act 1994 (c. 23)

70 The Value Added Tax Act 1994 is amended as follows.

71 In section 41(7) (definition of “government department”), for “Part I of that
Act” substitute “section 18 of the National Health Service (Wales) Act 2006”.

72 In Part 2 of Schedule 8 (zero-rated supply of goods and services)—

(a) 35in the Notes for group 12 (drugs, medicines, aids for the
handicapped), in paragraph (e) of Note (5H) omit “the National
Health Service Act 2006 or”, and

(b) in the Notes for group 15 (charities, etc.), in paragraph (i) of Note 4
for “Part I of the National Health Service and Community Care Act

1990” substitute “section 18 of the National Health Service (Wales)
Act 2006”.

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

73 The Employment Rights Act 1996 is amended as follows.

74 5In section 50(8)(a) (right of employees of NHS trusts to time off for public
duties), omit “section 25 of the National Health Service Act 2006,”.

75 In section 218(10)(c) (change of employer) omit “that Act or”.

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

76 The Audit Commission Act 1998 is amended as follows.

77 10Omit section 33(8)(c) (bodies not subject to certain Commission studies).

78 In section 53(1) (interpretation), in the definition of “health service body”
omit “or NHS Direct National Health Service Trust”.

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

79 In section 69(3) of the Data Protection Act 1998 (meaning of “health
15professional”), in paragraph (f) omit “section 25 of the National Health
Service Act 2006,”.

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

80 In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts
to public dividend capital), in subsection (5) after the definition of “initial
20loan” insert—

• ““NHS trust” includes an NHS trust which was established (by virtue
  of the National Health Service (Consequential Provisions) Act 2006)
  under section 25 of the National Health Service Act 2006, prior to the
  repeal of that section by section 176 of the Health and Social Care Act
  252011.”

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

81 Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS
trusts to be included among relevant bodies for purposes of Mayor of
London’s health inequalities strategy).

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

82 The Care Standards Act 2000 is amended as follows.

83 In section 42(7) (power to extend application of Part 2), in paragraph (b) of
the definition of “Welsh NHS bodies” omit the words from “all or most” to
the end.

84 35In Schedule 2A (persons subject to review by the Children’s Commissioner
for Wales), in paragraph 3 omit the words from “all or most” to the end.

85 In Schedule 2B (persons whose arrangements are subject to review by the
Children’s Commissioner for Wales), in paragraph 4 omit the words from
“all or most” to the end.

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

86 5In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales), in paragraph 40, omit “section 25 of the National
Health Service Act 2006 or”.

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

87 In Schedule 1 to the International Development Act 2002 (statutory bodies
10who may exercise certain powers for the purpose of assisting countries
outside the UK), in the entry for National Health Service trusts, omit “the
National Health Service Act 2006,”.

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

88 In section 133(4) of the Nationality, Immigration and Asylum Act 2002
15(power of medical inspector to disclose information to NHS trusts), in
paragraphs (a)(ii) and (b)(ii) omit “section 25 of the National Health Service
Act 2006 or”.

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

89 In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003
20(meaning of “NHS body”), in the definition of “NHS body”, after “a National
Health Service trust” insert “(in Wales)”.

Finance Act 2003 (c. 14)Finance Act 2003 (c. 14)

90 The Finance Act 2003 is amended as follows.

91 In section 61(3) (bodies that are public authorities for purpose of
25requirement to comply with planning obligations), under the heading
“Health: England and Wales”, in the entry for National Health Service trusts,
omit “section 25 of the National Health Service Act 2006 or”.

92 In section 66(4) (bodies that are public bodies for purpose of exemption for
transfers of land), under the heading “Health: England and Wales”, in the
30entry for National Health Service trusts, omit “section 25 of the National
Health Service Act 2006 or”.

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

93 In section 16(3) of the Licensing Act 2003 (bodies that may apply for
premises licence), in the definition of “health service body”, in paragraph (a),
35omit “section 25 of the National Health Service Act 2006 or”.

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

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

95 In section 148 (interpretation of Part 2)—

(a) in the definition of “English NHS body” omit paragraph (c), and

(b) in paragraph (b) of the definition of “Welsh NHS body”, omit “all or
most of whose hospitals, establishments and facilities are situated in
Wales”.

96 5In section 160 (provision of information in personal injury cases), in
subsection (4), in the definition of “ambulance trust”, in paragraph (a)(i),
omit “section 25 of the 2006 Act,”.

97 In section 162 (payment of NHS charges to hospitals or ambulance trusts), in
subsection (6), in the definition of “relevant ambulance trust”—

(a) 10before paragraph (a) insert—

“(za) In relation to England, means the NHS foundation
trust which is designated by the Secretary of State for
the purposes of this section in relation to the health
service hospital to which the injured person was
15taken for treatment,”,

(b) in paragraph (a) omit “England or”, and

(c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006
Act or”.

98 In section 165 (power to apply provisions about recovery of charges to non
20NHS hospitals), in subsection (3)(b)(ii) omit “section 25 of the 2006 Act,”.

Finance Act 2004 (c. 12)Finance Act 2004 (c. 12)

99 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the
definition of “NHS trust”, in paragraph (a) omit “section 25 of the National
Health Service Act 2006 or”.

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

100 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004
(duty to have regard to guidance on conduct of domestic homicide reviews),
in the entry for NHS trusts omit “section 25 of the National Health Service
Act 2006 or”.

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

101 The Children Act 2004 is amended as follows.

(za) In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit paragraph (f).

(za) In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.

104 In section 28(1) (arrangements to safeguard and promote welfare: Wales), in
35paragraph (c) omit the words from “all or most” to the end.

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

105 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1
responders to emergencies), in paragraph 5 omit “section 25 of the 2006 Act,
or”.

National Health Service (Wales) Act 2006 (c. 42)National Health Service (Wales) Act 2006 (c. 42)

106 In section 206(1) of the National Health Service Act (Wales) 2006
(interpretation), omit the definition of “NHS trust”.

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

107 5In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act
2007 (duty of care in emergencies), in the definition of “relevant NHS body”,
in paragraph (a) omit “NHS trust,”.

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

108 The Local Government and Public Involvement in Health Act 2007 is
10amended as follows.

109 In section 222 (arrangements regarding local involvement networks)—

(a) omit subsection (3)(b), and

(b) omit subsection (4)(d).

110 In section 224(2) (duties of service-providers to local involvement networks),
15omit paragraph (a).

111 In section 225(7) (duty to allow entry to local involvement networks), omit
paragraph (a).

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

112 In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence
20of causing nuisance or disturbance on NHS premises), in the definition of
“relevant English NHS body”, omit paragraph (a).

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

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

114 In section 97(1) (general interpretation of Part 1)—

(a) 25in the definition of “English NHS body” omit paragraph (c), and

(b) in the definition of “English NHS provider” omit paragraph (b).

115 In section 153(1) (directing NHS bodies to exercise certain functions in
relation to financial assistance), omit paragraph (c).

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

116 30In section 4(1) of the Autism Act 2009 (interpretation), in the definition of
“NHS body”, omit paragraph (c).

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

117 The Health Act 2009 is amended as follows.

118 In section 2(2) (bodies with duty to have regard to NHS Constitution) omit
35paragraph (c).

119 In section 8(2) (bodies with duty to publish information on quality of
services) omit paragraph (b).

Corporation Tax Act 2010 (c. 4)Corporation Tax Act 2010 (c. 4)

120 In section 986 of the Corporation Tax Act 2010 (meaning of “health service
body”), in the table entry for a National health Service Trust, omit “section
25 of the National Health Service Act 2006 or”.

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

121 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public
sector equality duty), in the group of entries that includes entries for bodies
whose functions relate to the health service, omit the entry for an NHS trust.

Section 179

SCHEDULE 15 10Local Healthwatch Organisations

Section 220A

“Schedule 1 Local Healthwatch organisations

Status

(1) A Local Healthwatch organisation (“LHW”) is a body corporate.

(2) 15An LHW is not to be regarded as a servant or agent of the Crown
or to be regarded as enjoying any status, immunity or privilege of
the Crown.

(3) The property of an LHW is not to be regarded as property of, or
property held on behalf of, the Crown.

20Membership

(1) The Secretary of State may by regulations make provision about
the membership of LHWs.

(2) The regulations may in particular make provision about—

(a) the number of members;

(b) 25conditions of eligibility for membership;

(c) the appointment of members (including who has the
power of appointment);

(d) the terms of appointment;

(e) circumstances in which a person ceases to be a member or
30may be suspended;

(f) the payment of remuneration and other amounts to or in
respect of members.

(3) The regulations must make provision requiring a person who has
power to appoint a member of an LHW to act with a view to
35securing that the members of the LHW (taken together) are
representative of—

(a) people who live in the LHW’s area,