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Health and Social Care Bill (HL Bill 92)

Health and Social Care BillPage 440

(b) omit “under paragraph 7(8) of Schedule 2 to the National Health
Service Act 2006 (c. 41)2006 (c. 41) and”, and

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

(1) Schedule 3 (NHS trusts) is amended as follows.

(2) 5In paragraph 5(1)(f) omit “Primary Care Trust,”.

(3) In paragraph 6—

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

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

(4) In paragraph 7, in sub-paragraph (3) omit “Strategic Health Authority”.

(5) 10In paragraph 8 omit “, Primary Care Trust” in each place it occurs.

(6) In paragraph 9—

(a) in sub-paragraph (1)—

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

(ii) omit “a Primary Care Trust,”,

(b) 15in sub-paragraph (3)—

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

(ii) omit “Primary Care Trust,”,

(c) in sub-paragraph (6)—

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

(ii) 20omit “a Primary Care Trust,”, and

(d) in sub-paragraph (7)—

(i) omit “Strategic Health Authority,” in each place it occurs,

(ii) omit “or belong to a Primary Care Trust”, and

(iii) omit “Primary Care Trust,”.

(7) 25In paragraph 18—

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

(b) omit “Primary Care Trust,”.

(8) In paragraph 30—

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

(b) 30omit “Primary Care Trust,”.

(1) Schedule 5 (Special Health Authorities) is amended as follows.

(2) In paragraph 3—

in sub-paragraph (8)—

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

(ii) 35omit “, a Strategic Health Authority”, and

(i) in paragraph (a) omit “or of a Strategic Health Authority”,
and

(ii) in paragraph (b) omit “or by a Strategic Health Authority”.

(f) in sub-paragraph (12)—

(3) 40In paragraph 13, for “a Strategic Health Authority” substitute “the National
Health Service Commissioning Board”.

(1) Schedule 10 (further provision about Community Health Councils) is
amended as follows.

Health and Social Care BillPage 441

(2) In paragraph 2—

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

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

(3) In paragraph 3—

(a) 5omit paragraph (b), and

(b) omit paragraph (c).

Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))

(1) Article 8 of the Health and Personal Social Services (Northern Ireland) Order
1991 (health and social services contracts) is amended as follows.

(2) 10In paragraph (2)—

(a) in sub-paragraph (g)—

(i) omit paragraph (i),

(ii) omit paragraph (ii), and

(iii) omit paragraph (iii),

(b) 15after that sub-paragraph insert—

(ga) the National Health Service Commissioning Board;

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

(gc) Special Health Authorities established under section
2028 of that Act;

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

(ge) Local Health Boards established under section 11 of
that Act;

(gf) 25NHS trusts established under section 18 of that Act;,

(c) in sub-paragraph (h) after paragraph (i) insert—

(ia) Special Health Boards;,

(d) after sub-paragraph (h) insert—

(ha) Healthcare Improvement Scotland,,

(e) 30omit sub-paragraph (i), and

(f) before sub-paragraph (j) insert—

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

(ib) the Health and Social Care Information Centre;.

(3) In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub-
35paragraphs (g) to (gf), (h), (ha), (ia), (ib) and (j) of paragraph (2)”.

Section 294(2)

SCHEDULE 23 Property transfer schemes

Transferor Permitted transferees
A Primary Care Trust The Secretary of State

Health and Social Care BillPage 442

Transferor Permitted transferees
The National Health Service
Commissioning Board
A clinical commissioning group
5A local authority
The Care Quality Commission
Monitor
A Special Health Authority
Any public authority which provides
10services as part of the health service in
England
Any other person who provides
services as part of the health service in
England and consents to the transfer
15A qualifying company
Any person with whom the Secretary of
State has made, or has decided to make,
an agreement under section 12ZA(1) of
the Mental Health Act 1983
A Strategic Health Authority 20The Secretary of State
The National Health Service
Commissioning Board
A clinical commissioning group
A local authority
25The Care Quality Commission
Monitor
A Special Health Authority
Any public authority which provides
services as part of the health service in
30England
Any other person who provides
services as part of the health service in
England and consents to the transfer
A qualifying company
35Any person with whom the Secretary of
State has made, or has decided to make,
an agreement under section 12ZA(1) of
the Mental Health Act 1983

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Transferor Permitted transferees
The Special Health Authority known as
the National Institute for Health and
Clinical Excellence
The National Institute for Health and
Care Excellence (established under
section 229)
The Special Health Authority known as
the Health and Social Care Information
Centre
5The Health and Social Care Information
Centre (established under section 249)
The Special Health Authority known as
the National Health Service Institute for
Innovation and Improvement
The National Health Service
Commissioning Board
10
The Special Health Authority known as
the National Patient Safety Agency
The National Health Service
Commissioning Board
The Health and Social Care Information
Centre (established under section 249)
The Appointments Commission 15A Minister of the Crown
A Special Health Authority
The General Social Care Council The Secretary of State
The Health and Care Professions
Council
20A person authorised by the Secretary of
State under subsection (5)(b) of section
67 of the Care Standards Act 2000 to
exercise functions of the Secretary of
State under that section
25Any other person who carries on
activities in connection with social work
or social care work
The Health Protection Agency The Secretary of State
The Secretary of State The National Health Service
30Commissioning Board
A Special Health Authority
A qualifying company

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Section 294(3)

SCHEDULE 24 Staff transfer schemes

Transferor Permitted transferees
Any Primary Care Trust The Secretary of State
5The National Health Service
Commissioning Board
A clinical commissioning group
A local authority
The Care Quality Commission
10A Special Health Authority
Any public authority which exercises
functions in relation to health and is
prescribed in regulations
A qualifying company
15Any person with whom the Secretary of
State has made, or has decided to make,
an agreement under section 12ZA(1) of
the Mental Health Act 1983
Any Strategic Health Authority The Secretary of State
20The National Health Service
Commissioning Board
A clinical commissioning group
The Care Quality Commission
Monitor
25A Special Health Authority
Any public authority which exercises
functions in relation to health and is
prescribed in regulations
A qualifying company
30Any person with whom the Secretary of
State has made, or has decided to make,
an agreement under section 12ZA(1) of
the Mental Health Act 1983
The Special Health Authority known as
National Institute for Health and
Clinical Excellence
The National Institute for Health and
35Care Excellence (established under
section 229)

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Transferor Permitted transferees
The Special Health Authority known as
the Health and Social Care Information
Centre
The Health and Social Care Information
Centre (established under section 249)
The Special Health Authority known as
the National Institute for Innovation
and Improvement
5The National Health Service
Commissioning Board
The Special Health Authority known as
the National Patient Safety Agency
The National Health Service
Commissioning Board
10The Health and Social Care Information
Centre
The Appointments Commission A Minister of the Crown
A Special Health Authority
The General Social Care Council The Secretary of State
15The Health and Care Professions
Council
A person authorised by the Secretary of
State under subsection (5)(b) of section
67 of the Care Standards Act 2000 to
20exercise functions of the Secretary of
State under that section
Any other person who carries on
activities in connection with social work
or social care work
The Health Protection Agency 25The Secretary of State
The Secretary of State National Health Service Commissioning
Board
The Care Quality Commission
Monitor