some default text...

Health and Social Care Bill (HL Bill 92)

Health and Social Care BillPage 430

Part 3 The National Information Governance Board for Health and Social Care

Consequential amendments

(1) Omit the entry for the National Information Governance Board for Health
5and Social Care in each of the following—

(a) Schedule 2 to the Parliamentary Commissioner Act 1967,

(b) Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975, and

(c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.

(2) 10In consequence of those repeals, in Schedule 14 to the Health and Social Care
Act 2008, omit paragraphs 2 to 4 (and the cross-heading preceding each of
those paragraphs).

(1) In section 271 of the National Health Service Act 2006 (territorial limit of
exercise of functions), in subsection (3), omit paragraph (fa).

(2) 15In consequence of that repeal, in Schedule 14 to the Health and Social Care
Act 2008, omit paragraph 5 (and the preceding cross-heading).

11 In consequence of the repeal made by section 274(2), omit sections 157(1) and
158 of the Health and Social Care Act 2008.

Savings

(1) 20Anything which is in the process of being done by the National Information
Governance Board for Health and Social Care under an enactment
immediately before abolition may be continued by the Secretary of State.

(2) Despite section 274(2), section 250D of the National Health Service Act 2006
(annual report) is to continue to have effect for the purpose of imposing the
25duty under subsection (1)(a); and for that purpose—

(a) if abolition is to occur at a time other than immediately after the end
of a reporting year within the meaning of that section, the period that
begins with the 1 April before abolition and ends with abolition is to
be treated as a reporting year for the purposes of that section, and

(b) 30the duty under subsection (1)(a) of that section must be discharged
by the Secretary of State.

(3) Anything which the Board is required to do under an enactment before
abolition may, in so far as it has not been done by the Board, be done by the
Secretary of State after abolition.

(4) 35In this paragraph—

  • “abolition” means the commencement of section 274(1);

  • “enactment” includes an enactment contained in subordinate
    legislation (within the meaning of the Interpretation Act 1978).

Health and Social Care BillPage 431

Section 291

SCHEDULE 22 Amendments relating to relationships between the health services

National Health Service (Scotland) Act 1978 (c. 29)National Health Service (Scotland) Act 1978 (c. 29)

1 The National Health Service (Scotland) Act 1978 is amended as follows.

(1) 5Section 17A (NHS contracts) is amended as follows.

(2) In subsection (1), in paragraph (b) for “(q)” substitute “(s)”.

(3) In subsection (2)—

(a) after paragraph (c) insert —

(ca) the Scottish Ministers;,

(b) 10for paragraph (f) substitute—

(f) Local Health Boards established under section 11 of
the National Health Service (Wales) Act 2006;,

(c) for paragraph (ff) substitute—

(fa) Special Health Authorities established under section
1528 of the National Health Service Act 2006;

(fb) Special Health Authorities established under section
22 of the National Health Service (Wales) Act 2006;,

(d) omit paragraph (h),

(e) before paragraph (k) insert—

(ja) 20the National Health Service Commissioning Board;

(jb) clinical commissioning groups established under
section 14D of the National Health Service Act 2006;,

(f) in paragraph (k), for “section 5 of the National Health Service and
Community Care Act 1990” substitute “section 18 of the National
25Health Service (Wales) Act 2006”,

(g) omit paragraph (ka),

(h) after paragraph (m) insert—

(ma) the Welsh Ministers;,

(i) after paragraph (p) omit the “and,”,

(j) 30after paragraph (q) insert—

(r) the National Institute for Health and Care Excellence;
and

(s) the Health and Social Care Information Centre,

(4) After subsection (10) insert—

(11) 35Subsection (12) applies where a person mentioned in subsection
(2)(fa), (ja), (jb), (m), (r) or (s) is a party or prospective party to an
arrangement or proposed arrangement which—

(a) falls within subsection (1); and

(b) also falls within the definition of NHS contract in section 9 of
40the National Health Service Act 2006.

(12) Subsections (4) to (9) shall apply in relation to that arrangement or
proposed arrangement (except in so far as it relates to reserved
matters within the meaning of the Scotland Act 1998) with the
substitution for references to the Secretary of State of references to
45the Scottish Ministers and the Secretary of State acting jointly.

Health and Social Care BillPage 432

(13) Subsection (14) applies where a person mentioned in subsection
(2)(f), (fb), (k) or (ma) is a party or prospective party to an
arrangement or proposed arrangement which—

(a) falls within subsection (1); and

(b) 5also falls within the definition of NHS contract in section 7 of
the National Health Service (Wales) Act 2006.

(14) Subsections (4) to (9) shall apply in relation to that arrangement or
proposed arrangement with the substitution for references to the
Secretary of State—

(a) 10in so far as the arrangement or proposed arrangement relates
to reserved matters within the meaning of the Scotland Act
1998, of references to the Secretary of State and the Welsh
Ministers acting jointly; and

(b) for all other purposes, of references to the Scottish Ministers
15and Welsh Ministers acting jointly.

(15) Subsection (16) applies (and subsections (12) and (14) do not apply)
where a cross-border Special Health Authority is a party or
prospective party to an arrangement or proposed arrangement
which—

(a) 20falls within subsection (1); and

(b) also falls within the definition of NHS contract in section 9 of
the National Health Service Act 2006 and the definition of
NHS contract in section 7 of the National Health Service
(Wales) Act 2006.

(16) 25Subsections (4) to (9) shall apply in relation to that arrangement or
proposed arrangement (except in so far as it relates to reserved
matters within the meaning of the Scotland Act 1998) with the
substitution for references to the Secretary of State—

(a) where the cross-border Special Health Authority is exercising
30functions in relation to England only, of references to the
Secretary of State and the Scottish Ministers acting jointly;

(b) where the Authority is exercising functions in relation to
Wales only, of references to the Welsh Ministers and the
Scottish Ministers acting jointly; and

(c) 35where the Authority is exercising functions in relation to
England and Wales, of references to the Secretary of State and
the Welsh Ministers acting concurrently with each other and
jointly with the Scottish Ministers.

(17) In subsections (15) and (16), “cross-border Special Health Authority”
40means a Special Health Authority which is established under the
National Health Service Act 2006 and the National Health Service
(Wales) Act 2006 by virtue of—

(a) paragraph 1(2) of Schedule 2 to the National Health Service
(Consequential Provisions) Act 2006, or

(b) 45the power under section 28 of the National Health Service Act
2006 and the power under section 22 of the National Health
Service (Wales) Act 2006 being exercised together.

(1) Section 17C (personal medical or dental services) is amended as follows.

(2) In subsection (5)—

Health and Social Care BillPage 433

(a) in paragraph (a), for the words from “the Board by” to the end
substitute “the Board by a Local Health Board”, and

(b) in paragraph (b), for the words from “exercisable by” to “the
Authority” substitute “exercisable by a Local Health Board in
5relation to an agreement made under section 50 of the National
Health Service (Wales) Act 2006 to be exercisable on behalf of the
Local Health Board”.

(3) In subsection (6), for the first definition substitute—

  • “Local Health Board” means a Local Health Board established
    10under section 11 of the National Health Service (Wales) Act
    2006;.

(4) In consequence of the amendments made by sub-paragraphs (2) and (3),
omit paragraph 12 of Schedule 3 to the National Health Service Reform and
Health Care Professions Act 2002, and the cross-heading which precedes it.

4 15In section 17D (persons with whom agreements under section 17C may be
made), in subsection (2), in paragraph (b) of the definition of “NHS
employee”—

(a) in sub-paragraph (ii) omit “a Primary Care Trust or”,

(b) in sub-paragraph (iii)—

(i) 20after “NHS trust” insert “within the meaning of the National
Health Service Act (Wales) 2006”, and

(c) omit the words from “and in this paragraph” to the end.

National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

5 The National Health Service Act 2006 is amended as follows.

6 25In section 9 (NHS contracts), in subsection (4)—

(a) after paragraph (f) insert—

(fa) a Special Health Board constituted under that
section,, and

(b) after paragraph (n) insert—

(na) 30the Scottish Ministers,

(nb) Healthcare Improvement Scotland,.

7 After section 10 (provision about NHS contracts entered into by a body in
Northern Ireland) insert—

10A Provision for bodies in Scotland

(1) 35Subsection (2) applies where the Scottish Ministers are, or a body
mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 9(4) is, a
party or prospective party to an arrangement or proposed
arrangement which—

(a) falls within the definition of NHS contract in section 9(1), and

(b) 40also falls within the definition of NHS contract in section 17A
of the National Health Service (Scotland) Act 1978.

(2) Subsections (5) to (13) of section 9 apply in relation to the
arrangement or proposed arrangement (except in so far as it relates
to reserved matters within the meaning of the Scotland Act 1998)
45with the substitution for references to the Secretary of State of

Health and Social Care BillPage 434

references to the Secretary of State and the Scottish Ministers acting
jointly.

(3) Subsection (4) applies (and subsection (2) does not apply) where a
cross-border Special Health authority is a party or prospective party
5to an arrangement or proposed arrangement which—

(a) falls within the definition of NHS contract in section 9(1), and

(b) also falls within the definition of NHS contract in section 17A
of the National Health Service (Scotland) Act 1978 and the
definition of NHS contract in section 7(1) of the National
10Health Service (Wales) Act 2006.

(4) Subsections (5) to (13) of section 9 apply in relation to that
arrangement or proposed arrangement (except in so far as it relates
to reserved matters within the meaning of the Scotland Act 1998)
with the substitution for references to the Secretary of State—

(a) 15where the cross-border Special Health Authority is exercising
functions in relation to England only, of references to the
Secretary of State and the Scottish Ministers acting jointly;
and

(b) where the Authority is exercising functions in relation to
20England and Wales, of references to the Secretary of State and
the Welsh Ministers acting concurrently with each other and
jointly with the Scottish Ministers.

(5) In subsections (3) and (4), “cross-border Special Health Authority”
means a Special Health Authority which is established under the
25National Health Service Act 2006 and the National Health Service
(Wales) Act 2006 by virtue of—

(a) paragraph 1(2) of Schedule 2 to the National Health Service
(Consequential Provisions) Act 2006, or

(b) the power under section 28 of the National Health Service Act
302006 and the power under section 22 of the National Health
Service (Wales) Act 2006 being exercised together.

(1) In section 66 (intervention orders), for subsection (1) substitute—

(1) This section applies to—

(a) NHS trusts, and

(b) 35Special Health Authorities.

(2) Until the commencement of section 30 of this Act, subsection (1) of section
66 of the National Health Service Act 2006 has effect as if it included a
reference to Strategic Health Authorities.

(3) Until the commencement of section 31 of this Act, subsection (1) of section
4066 of the National Health Service Act 2006 has effect as if it included a
reference to Primary Care Trusts.

(1) Section 67 (effect of intervention orders) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) omit “or Local Health Board, or a member of the
45board of directors of an NHS trust”, and

(b) in paragraph (b)—

(i) omit “or Local Health Board,” and

Health and Social Care BillPage 435

(ii) in that paragraph omit “, or an executive director of an NHS
trust”.

(3) In subsection (7)(a) omit “(or in the case of an NHS trust to the membership
of its board of directors)”.

(1) 5In section 68 (default powers), for subsection (1) substitute—

(1) This section applies to—

(a) NHS trusts established under section 25, and

(b) Special Health Authorities.

(2) Until the commencement of section 30 of this Act, subsection (1) of section
1068 of the National Health Service Act 2006 has effect as if it included a
reference to Strategic Health Authorities.

(3) Until the commencement of section 31 of this Act, subsection (1) of section
68 of the National Health Service Act 2006 has effect as if it included a
reference to Primary Care Trusts.

11 15In section 78 (directed partnership arrangements), in subsection (3)—

(a) in paragraph (c) after “NHS trusts” insert “established under section
25”, and

(b) omit paragraph (d).

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

12 20The National Health Service (Wales) Act 2006 is amended as follows.

13 In section 7 (NHS contracts), in subsection (4)—

(a) omit paragraph (a),

(b) omit paragraph (b),

(c) before paragraph (c) insert—

(ba) 25the National Health Service Commissioning Board,

(bb) a clinical commissioning group,,

(d) after paragraph (f) insert—

(fa) a Special Health Board constituted under that
section,,

(e) 30omit paragraph (j), and

(f) after paragraph (n) insert—

(na) the Scottish Ministers,

(nb) Healthcare Improvement Scotland,.

14 After section 8 insert—

8A 35Provision for bodies in Scotland

(1) Subsection (2) applies where the Scottish Ministers are, or a body
mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 7(4) is, a
party or prospective party to an arrangement or proposed
arrangement which—

(a) 40falls within the definition of NHS contract in section 7(1), and

(b) also falls within the definition of NHS contract in section 17A
of the National Health Service (Scotland) Act 1978.

Health and Social Care BillPage 436

(2) Subsections (5) to (13) of section 7 apply in relation to the
arrangement or proposed arrangement with the substitution for
references to the Welsh Ministers—

(a) in so far as the arrangement or proposed arrangement relates
5to reserved matters within the meaning of the Scotland Act
1998, of references to the Welsh Ministers and the Secretary
of State acting jointly, and

(b) for all other purposes, of references to the Welsh Ministers
and the Scottish Ministers acting jointly.

(3) 10Subsection (4) applies (and subsection (2) does not apply) where a
cross-border Special Health Authority is a party or prospective party
to an arrangement or proposed arrangement which—

(a) falls within the definition of NHS contract in section 7(1), and

(b) also falls within the definition of NHS contract in section 17A
15of the National Health Service (Scotland) Act 1978 and the
definition of NHS contract in section 9(1) of the National
Health Service Act 2006.

(4) Subsections (5) to (13) of section 7 apply in relation to the
arrangement or proposed arrangement (except in so far as it relates
20to reserved matters within the meaning of the Scotland Act 1998)
with the substitution for references to the Welsh Ministers—

(a) where the cross-border Special Health Authority is exercising
functions in relation to Wales only, of references to the Welsh
Ministers and the Scottish Ministers acting jointly, and

(b) 25where the Authority is exercising functions in relation to
England and Wales, of references to the Welsh Ministers and
the Secretary of State acting concurrently with each other and
jointly with the Scottish Ministers.

(5) In subsections (3) and (4), “cross-border Special Health Authority”
30means a Special Health Authority which is established under the
National Health Service Act 2006 and the National Health Service
(Wales) Act 2006 by virtue of—

(a) paragraph 1(2) of Schedule 2 to the National Health Service
(Consequential Provisions) Act 2006, or

(b) 35the power under section 28 of the National Health Service Act
2006 and the power under section 22 of the National Health
Service (Wales) Act 2006 being exercised together.

15 In section 10 (Welsh Ministers’ arrangements with other bodies), in
subsection (4) omit paragraph (b).

16 40In section 13 (exercise of Local Health Board functions), in subsection (3)—

(a) omit paragraph (a), and

(b) before paragraph (b) insert—

(aa) the National Health Service Commissioning Board,

(ab) clinical commissioning groups,.

17 45In section 17 (plans for improving health etc), in subsection (6)—

(a) in paragraph (g)—

(i) after “between” insert “the National Health Service
Commissioning Board, clinical commissioning groups,”,

(ii) omit “Strategic Health Authorities,”,

Health and Social Care BillPage 437

(iii) omit “Primary Care Trusts,”, and

(iv) for “section 24 of the National Health Service Act 2006 (c. 41)2006 (c. 41)”
substitute “the preparation of joint health and wellbeing
strategies under section 116A of the Local Government and
5Public Involvement in Health Act 2007”, and

(b) in paragraph (h)—

(i) after “provision by” insert “the National Health Service
Commissioning Board, clinical commissioning groups,”,

(ii) omit “Strategic Health Authorities,”,

(iii) 10omit “Primary Care Trusts”, and

(iv) for “section 24 of the National Health Service Act 2006 (c. 41)2006 (c. 41)”
substitute “joint health and wellbeing strategies under
section 116A of the Local Government and Public
Involvement in Health Act 2007”.

18 15In section 22 (special health authorities), omit subsection (6).

19 In section 26 (intervention orders), in subsection (1) after “other than” insert
“the National Health Service Commissioning Board, clinical commissioning
groups and”.

20 In section 27 (effect of intervention orders), in subsection (1)—

(a) 20omit “Strategic Health Authority,” in each place it occurs, and

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

21 In section 28 (default powers), in subsection (1) after “other than” insert “the
National Health Service Commissioning Board, clinical commissioning
groups and”.

22 25In section 34 (power of local authorities to make payments), in subsection
(1)—

(a) after “payments to” insert “the National Health Service
Commissioning Board, a clinical commissioning group”,

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

(c) 30omit “a Primary Care Trust”.

23 In section 36 (directed partnership arrangements), in subsection (3)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

(1) Section 38 (supply of goods and services by the Welsh Ministers) is amended
35as follows.

(2) In subsection (3)—

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

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

(3) In subsection (6) omit “, a Primary Care Trust” in each place it occurs.

(4) 40In subsection (7), in paragraph (d) omit “, Primary Care Trusts”.

25 In section 39 (conditions of supply under section 38), in subsection (3), omit
“Primary Care Trusts,”.

26 In section 41 (duty to provide primary medical services), omit subsection (4).

Health and Social Care BillPage 438

(1) Section 51 (persons with whom agreements for provision of primary
medical services may be made) is amended as follows.

(2) In subsection (1)(g), omit “Primary Care Trust or”.

(3) In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit
5“Primary Care Trust or”.

28 In section 56 (primary dental services), omit subsection (4).

(1) Section 65 (persons with whom agreements for provision of primary dental
services may be made) is amended as follows.

(2) In subsection (1)(g), omit “Primary Care Trust or”.

(3) 10In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit
“Primary Care Trust or”.

30 In section 106 (provision about regulations under section 105), in subsection
(2)—

(a) omit paragraph (e), and

(b) 15after paragraph (e) insert—

(f) a list corresponding to a list mentioned in any of
paragraphs (a) to (d) prepared by the National Health
Service Commissioning Board under or by virtue of
the National Health Service Act 2006,

(1) 20Section 115 (national disqualification) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (e),

(b) after that paragraph insert—

(f) the lists corresponding to the lists mentioned in
25paragraphs (a) to (d) prepared by the National Health
Service Commissioning Board under or by virtue of
the National Health Service Act 2006,

(c) after “such lists prepared by each Local Health Board” insert “and
the National Health Service Commissioning Board”, and

(d) 30omit “and each Primary Care Trust”.

(3) In subsection (6)—

(a) in paragraph (a)—

(i) omit “or Primary Care Trust”, and

(ii) before “may include” insert “or the National Health Service
35Commissioning Board”, and

(b) in paragraph (b)—

(i) omit “and each Primary Care Trust”, and

(ii) after “included” insert “, and the National Health Service
Commissioning Board,”.

32 40In section 131 (payment of travelling expenses), in paragraph (c) omit “, and,
in such cases as may be prescribed, to a Primary Care Trust,”.

33 In section 144 (persons and bodies about which provision is made), in
subsection (2) for “section 22(6)” substitute “section 206(1)”.

34 In section 161 (transfers of trust property), in subsection (2)(c)—

Health and Social Care BillPage 439

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

(b) omit “a Primary Care Trust,”

(1) Section 162 (transfer of functions and property to or from special trustees) is
5amended as follows.

(2) In subsection (1)—

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

(b) omit “a Primary Care Trust,”.

(3) 10In subsection (3)(a)—

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

(b) omit “a Primary Care Trust,”.

36 In section 181 (payment for medical examination before application for
15admission to hospital under the Mental Health Act), in subsection (2)(b)—

(a) omit “a Primary Care Trust,”, and

(b) before “NHS trust” insert “an”.

37 In section 197 (university clinical teaching and research), in subsection
(2)(a)—

(a) 20after “exercisable by” insert “the National Health Service
Commissioning Board,”,

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

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

(d) omit “Primary Care Trust,”.

(1) 25In section 206 (interpretation), in subsection (1)—

(a)before the definition of “dental practitioner” insert—

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

(b) 30after the definition of “modifications” insert—

  • NHS body” means—

    (a)

    a Special Health Authority,

    (b)

    an NHS trust,

    (c)

    an NHS foundation trust,

    (d)

    35a Local Health Board,

    (e)

    the National Health Service Commissioning
    Board, and

    (f)

    a clinical commissioning group.

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

(d) 40omit the definition of “Strategic Health Authority”.

(2) Until the commencement of section 31 of this Act, the definition of “NHS
body” in section 206(1) of the National Health Service (Wales) Act 2006 has
effect as if it included a reference to a Primary Care Trust.

39 In Schedule 2 (Local Health Boards), in paragraph 9—

(a) 45omit “Strategic Health Authorities and”,