Health and Social Care Bill (HL Bill 119)

(9) For the purposes of sections 223H and 223I(3) and paragraph 16 of
Schedule 1A, any amount of which a clinical commissioning
group is notified under sub-paragraph (6) is to be treated as
expenditure of the group which is attributable to the performance
5by it of its functions in the year in question.

Other pharmaceutical remuneration

3 (1) This paragraph applies in relation to pharmaceutical
remuneration paid in a financial year other than—

(a) designated elements of such remuneration, and

(b) 10remuneration of a prescribed description.

(2) The Board may require a person to reimburse the Board for any
pharmaceutical remuneration to which this paragraph applies if
the drugs or services to which the remuneration relates were—

(a) ordered by that person, or

(b) 15ordered in the course of the delivery of a service arranged
by that person.

(3) Any sum payable to the Board by virtue of sub-paragraph (2) may
be recovered summarily as a civil debt (but this does not affect any
other method of recovery).

20Exercise of functions

4 The Board may, with the consent of the Secretary of State—

(a) direct a Special Health Authority to exercise any functions
of the Board under this Schedule, or

(b) arrange for any other person to exercise any of those
25functions.”

Section 54(1)

SCHEDULE 4 Amendments of the National Health Service Act 2006

Part 1 The health service in England

1 (1) 30For section 2 substitute—

“2 General power

The Secretary of State, the Board or a clinical commissioning group
may do anything which is calculated to facilitate, or is conducive or
incidental to, the discharge of any function conferred on that person
35by this Act.”

(2) For the cross-heading preceding section 2 substitute “General power”.

2 (1) Section 6 (performance of functions outside England) is amended as follows.

(2) For subsection (1) substitute—

“(1) Where the Secretary of State has a duty or power to provide anything
under section 2A or 2B or Schedule 1, that thing may be provided
outside England.”

(3) 5After subsection (1) insert—

“(1A) Where a clinical commissioning group or the Board has a duty or
power to arrange for the provision of anything under section 3, 3A,
3B or 4 or Schedule 1, it may arrange for that thing to be provided
outside England.”

(4) 10In subsection (2) for “The Secretary of State’s functions” substitute “The
functions of the Secretary of State, the Board and clinical commissioning
groups”.

3 (1) Section 6A (reimbursement of cost of services provided in another EEA
state) is amended as follows.

(2) 15In subsection (3)(b) after “Secretary of State” insert “, the Board”.

(3) In subsection (7) after “Secretary of State” insert “, the Board”.

(4) In subsection (8) in each of paragraphs (a) and (b)—

(a) after “Secretary of State” insert “, the Board”, and

(b) for “either of them” substitute “any of them”.

(5) 20In subsection (9), after “Secretary of State” (in the second place it occurs)
insert “, the Board”.

(6) In subsection (11), in the definition of “responsible authority”—

(a) omit “Strategic Health Authority or”,

(b) omit “Primary Care Trust”,

(c) 25before “responsible under” insert “a local authority or clinical
commissioning group”, and

(d) for “securing” substitute “arranging for”.

4 (1) Section 6B (prior authorisation for the purposes of section 6A) is amended as
follows.

(2) 30In subsection (2)(b) after “Secretary of State” insert “, the Board”.

(3) In subsection (5), in each of paragraphs (b) and (c) after “the Secretary of
State” insert “, the Board”.

5 (1) In section 8 (Secretary of State’s directions to health service bodies), in
subsection (2)—

(a) 35omit paragraph (a), and

(b) omit paragraph (b).

(2) In the heading to that section after “to” insert “certain”.

(3) Before section 8 insert the following cross-heading “Directions to certain
NHS bodies”.

6 (1) 40Section 9 (NHS contracts) is amended as follows.

(2) In subsection (4)—

(a) before paragraph (a) insert—

“(za) the Board,

(zb) a clinical commissioning group,”,

(b) omit paragraph (a), and

(c) 5omit paragraph (b).

7 In section 11 (arrangements to be treated as NHS contracts), in subsection
(1)—

(a) after “under which” insert “the Board,”,

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

(c) 10omit “a Primary Care Trust”.

8 (1) Section 12 (arrangements with other bodies) is amended as follows.

(2) In subsection (1) for “any service under this Act” substitute “anything which
the Secretary of State has a duty or power to provide, or arrange for the
provision of, under section 2A or 2B or Schedule 1”.

(3) 15For subsection (2) substitute—

“(2) The bodies with whom arrangements may be made under subsection
(1) include—

(a) the Board,

(b) clinical commissioning groups,

(c) 20any other public authorities, and

(d) voluntary organisations.”

(4) For subsection (3) substitute—

“(3) The Secretary of State may make available any facilities provided by
the Secretary of State under section 2A or 2B or Schedule 1 to any
25service provider or to any eligible voluntary organisation.

(3A) In subsection (3)—

• “eligible voluntary organisation” means a voluntary
  organisation eligible for assistance under section 64 or section
  65 of the Health Services and Public Health Act 1968;

• 30“service provider” means a person or body with whom the
  Secretary of State has made an arrangement under subsection
  (1).”

(5) In subsection (4)—

(a) after paragraph (a) insert—

“(aa) 35the Board,

(ab) a clinical commissioning group,

(ac) a local authority,”,

(b) omit paragraph (b), and

(c) omit paragraph (c).

(6) 40After subsection (4) insert—

“(4A) In subsection (4), “local authority” has the same meaning as in
section 2B.”

(7) For the cross-heading preceding section 12 substitute “Arrangements with
other bodies”.

9 After section 12 insert—

“12ZA Commissioning arrangements by the Board or clinical commissioning
groups

(1) This section applies in relation to arrangements made by the Board
5or a clinical commissioning group in the exercise of functions under
section 3, 3A, 3B or 4 or Schedule 1.

(2) The arrangements may be made with any person or body (including
public authorities and voluntary organisations).

(3) If the Board or a clinical commissioning group arranges for the
10provision of facilities by a service provider, it may also make
arrangements for those facilities to be made available to another
service provider or to an eligible voluntary organisation.

(4) The Board or a clinical commissioning group may make available
any of its facilities to—

(a) 15a service provider, or

(b) an eligible voluntary organisation.

(5) Where facilities are made available under subsection (4) any of the
following persons may make available the services of any employee
of that person who is employed in connection with the facilities—

(a) 20the Secretary of State,

(b) the Board,

(c) a clinical commissioning group,

(d) a Special Health Authority, or

(e) a Local Health Board.

(6) 25Goods or materials may be made available under this section either
temporarily or permanently.

(7) Any power to supply goods or materials under this section
includes—

(a) a power to purchase or store them, and

(b) 30a power to arrange with third parties for the supply of goods
or materials by those third parties.

(8) Powers under this section may be exercised on such terms as may be
agreed, including terms as to the making of payments.

(9) In this section—

• 35“eligible voluntary organisation” means a voluntary
  organisation eligible for assistance under section 64 or section
  65 of the Health Services and Public Health Act 1968;

• “service provider” means a person or body with whom the
  Board or a clinical commissioning group has made
  40arrangements in the exercise of the functions mentioned in
  subsection (1).”

10 (1) Section 12A (direct payments for health care) is amended as follows.

(2) In subsection (1) after “The Secretary of State” insert “, the Board, a clinical
commissioning group or a local authority”.

(3) 45In subsection (2)—

(a) for paragraph (a) substitute—

“(a) anything that the Secretary of State or a local
authority has a duty or power to provide or arrange
under section 2A or 2B or Schedule 1;”,

(b) 5after that paragraph insert—

“(aa) anything that the Board or a clinical commissioning
group may or must arrange for the provision of under
this Act or any other enactment.”, and

(c) omit paragraphs (b) and (c).

(4) 10Omit subsection (4).

(5) In subsection (5), omit “or under regulations under subsection (4)”.

(6) After subsection (6) insert—

“(7) In this section and sections 12B to 12D, “local authority” has the same
meaning as in section 2B.”

11 (1) 15Section 12B (regulations about direct payments) is amended as follows.

(2) In subsection (2), in each of paragraphs (d), (g), (h) and (j), for “or the
Primary Care Trust” substitute “, the Board, a clinical commissioning group
or a local authority”.

(3) In subsection (4) —

(a) 20for “or the Primary Care Trust”, in the first place it occurs, substitute
“, the Board, a clinical commissioning group or a local authority”,
and

(b) for “or the Primary Care Trust”, in the second place it occurs,
substitute “the Board, a clinical commissioning group or a local
25authority (as the case may be)”.

(4) In subsection (5)—

(a) in paragraph (a), after “the Secretary of State” insert “or a local
authority or as arranged for by the Board or a clinical commissioning
group (as the case may be)”, and

(b) 30in paragraph (b) for “a Primary Care Trust with respect to the
provision of” substitute “the Board, a clinical commissioning group
or a local authority with respect to the arrangement for the provision
of”.

12 In section 12C (direct payments pilot schemes), in subsection (9), for “the
35powers conferred by section 12A(1) or by regulations under section 12A(4)”
substitute “the power conferred by section 12A(1)”.

13 In section 12D (arrangements with other bodies relating to direct
payments)—

(a) in subsection (1) after “the Secretary of State” insert “, the Board, a
40clinical commissioning group or a local authority”, and

(b) in subsection (3) after “the Secretary of State” insert “, the Board, a
clinical commissioning group or a local authority”.

Part 2 NHS Bodies

14 In section 28 (special health authorities), omit subsection (6).

15 In section 29 (exercise of Special Health Authority functions), in subsection
5(2)(a)—

(a) omit “, section 14”, and

(b) omit “, section 19”.

16 Omit Chapter 5B of Part 2 (trust special administrators: Primary Care
Trusts).

17 10In section 67 (effect of intervention orders), in subsection (1)—

(a) in paragraph (a)—

(i) omit “Strategic Health Authority,” and

(ii) omit “Primary Care Trust,” and

(b) in paragraph (b)—

(i) 15omit “Strategic Health Authority,” and

(ii) omit “Primary Care Trust,”.

18 In section 70 (transfer of residual liabilities)—

(a) in subsection (1)—

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

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

(b) in the heading, at the end insert “of certain health service bodies”.

19 (1) Section 71 (schemes for meeting losses and liabilities in respect of certain
health service bodies) is amended as follows.

(2) In subsection (2)—

(a) 25after “are—” insert—

“(za) the Board,

(zb) clinical commissioning groups,”,

(b) omit paragraph (a),

(c) omit paragraph (b),

(d) 30after paragraph (h) (and before the “and” immediately following it)
insert—

“(ha) a company formed under section 223 and wholly or
partly owned by the Secretary of State or the Board,

(hb) a subsidiary of a company which is formed under that
35section and wholly owned by the Secretary of State,”,
and”

(e) in paragraph (i)—

(i) for “paragraphs (a) to (h)”, in the first place where it occurs,
substitute “paragraphs (za) to (hb)”, and

(ii) 40for “paragraphs (a) to (h)”, in the second place where it
occurs, substitute “paragraphs (za) to (h)”.

(3) In subsection (2A)—

(a) after paragraph (a) insert—

“(ab) in relation to a company within paragraph (ha) or (hb)
of subsection (2), means the company’s activities in
providing facilities or services to any person or
5body;”, and

(b) in paragraph (b) for “paragraphs (a) to (h)” substitute “paragraphs
(za) to (h)”.

(4) In subsection (3)(a)—

(a) after “the Secretary of State” insert “or the Board”,

(b) 10omit “Strategic Health Authority,”, and

(c) omit “Primary Care Trust,”.

(5) In subsection (5), for “(a) to (d),” substitute “(c), (d),”.

(6) In subsection (6)—

(a) after “the Secretary of State,” insert “the Board or”,

(b) 15omit “Strategic Health Authority,” and

(c) omit “Primary Care Trust,”.

20 In section 73 (directions and regulations), in subsection (1) omit paragraphs
(c) to (f).

21 Omit Schedule 2.

22 20Omit Schedule 3.

23 (1) Schedule 4 (NHS trusts) is amended as follows.

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

(3) In paragraph 6—

(a) in sub-paragraph (1) —

(i) 25omit “Strategic Health Authority,” and

(ii) omit “, Primary Care Trust”, and

(b) in sub-paragraph (2) —

(i) omit “Strategic Health Authority,” and

(ii) omit “, Primary Care Trust”.

(4) 30In paragraph 7(3), omit “Strategic Health Authority,”.

(5) In paragraph 8—

(a) in sub-paragraph (1), omit “, Primary Care Trust” (in each place
where it occurs), and

(b) in sub-paragraph (4), omit “, Primary Care Trust”,

(c) 35in sub-paragraph (5), omit “, Primary Care Trust” (in each place
where it occurs),

(d) in sub-paragraph (6)(b), omit “, Primary Care Trust”, and

(e) in sub-paragraph (9)(b), omit “, Primary Care Trust”.

(6) In paragraph 9—

(a) 40in sub-paragraph (1)—

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

(ii) omit “a Primary Care Trust,”,

(b) in 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) 5omit “, a Primary Care Trust,”,

(d) in sub-paragraph (7)—

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

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

(iii) 10in the words following paragraph (b)—

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

(b) omit “Primary Care Trust,”.

(7) In paragraph 15, omit sub-paragraphs (2) and (3).

(8) In paragraph 18—

(a) 15omit “Strategic Health Authority,” and

(b) omit “Primary Care Trust,”.

(9) In paragraph 29, in sub-paragraph (3) omit “Strategic Health Authority,”.

(10) In paragraph 30, in sub-paragraph (1)—

(a) omit “Strategic Health Authority,” and

(b) 20omit “Primary Care Trust,”.

24 (1) Schedule 6 (special health authorities established under section 28) is
amended as follows.

(2) In paragraph 3(8)—

(a) for “to a Strategic Health Authority” substitute “to the Board”, and

(b) 25for “a Strategic Health Authority” substitute “the Board”.

(3)
In paragraph 3(12)—

(a) in paragraph (a) for “of a Strategic Health Authority” substitute “of
the Board”, and

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

(4) 30In paragraph 13 for “a Strategic Health Authority” substitute “the Board”.

Part 3 Local authorities

25 In section 74 (supply of goods and services by local authorities), in
subsection (1)(a)—

(a) 35at the beginning insert “the Board and”,

(b) after “any” insert “clinical commissioning group or,”,

(c) omit “Strategic Health Authority,” and

(d) omit “or Primary Care Trust”.

26 In section 76 (power of local authorities to make payments), in subsection
40(1)—

(a) after the first “to” insert “the Board, a clinical commissioning group”,

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

(c) omit “a Primary Care Trust”.

27 In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit “a
Primary Care Trust or”.

28 In section 78 (directed partnership agreements), in subsection (3)—

(a) 5omit paragraph (a), and

(b) omit paragraph (b).

29 (1) Section 80 (supply of goods and services by the Secretary of State) is
amended as follows.

(2) In subsection (1)—

(a) 10after “The Secretary of State” insert “, the Board or a clinical
commissioning group”, and

(b) in paragraph (b) for “he” substitute “the Secretary of State”.

(3) In subsection (3)—

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

(b) 15in paragraph (b)—

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

(ii) omit “a Primary Care Trust,”.

(4) After subsection (3) insert—

“(3A) The Board or a clinical commissioning group may make available to
20persons falling within subsection (1)—

(a) any facilities the provision of which is arranged by the Board
or (as the case may be) the clinical commissioning group
under this Act (including by virtue of section 7A),

(b) any facilities of the Board or (as the case may be) the group,
25and

(c) the services of persons employed by the Board or (as the case
may be) the group.”

(5) In subsection (4) after “carry out” insert “, and the Board or a clinical
commissioning group may arrange for the carrying out of,”.

(6) 30In subsection (5), for “The Secretary of State” substitute “The Board”.

(7) In subsection (6)—

(a) in paragraph (a), after “provided” insert “by the Secretary of State”,

(b) in paragraph (b)—

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

(ii) 35omit “a Primary Care Trust,” and

(c) in paragraph (c)—

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

(ii) omit “a Primary Care Trust,”.

(8) After subsection (6) insert—

“(6A) 40The Board and each clinical commissioning group must make
available to local authorities—

(a) any services (other than the services of any person) or other
facilities the provision of which is arranged by the Board or

(as the case may be) the clinical commissioning group under
this Act,

(b) the services of persons employed by the Board or (as the case
may be) the group, and

(c) 5any facilities of the Board or (as the case may be) the group,

so far as is reasonably necessary and practicable to enable local
authorities to discharge their functions relating to social services,
education and public health.”

(9) In subsection (7)—

(a) 10for “The Secretary of State” substitute “The Board”,

(b) at the end of paragraph (c) insert “or”, and

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

(10) After that subsection insert—

“(8) The Secretary of State may arrange to make available to local
15authorities the services of persons providing Special Health
Authorities or Local Health Boards with services of a kind provided
as part of the health service, so far as is reasonably necessary and
practicable to enable local authorities to discharge their functions
relating to social services, education and public health.

(9) 20The Board or a clinical commissioning group may arrange to make
available to local authorities the services of persons providing
services pursuant to arrangements made under this Act by the Board
or (as the case may be) the clinical commissioning group, so far as is
reasonably necessary and practicable to enable local authorities to
25discharge their functions relating to social services, education and
public health.

(10) The reference in subsection (9) to arrangements made by the Board
or (as the case may be) a clinical commissioning group includes a
reference to arrangements so made by virtue of section 7A.”

(11) 30In the title to section 80, after “Secretary of State” insert “, the Board and
clinical commissioning groups”.

(12) Until the commencement of section 33, subsection (8) of section 80 of the
National Health Service Act 2006 (as inserted by sub-paragraph (10)) has
effect as if after “Special Health Authorities” there were inserted “, Primary
35Care Trusts”.

30 (1) Section 81 (conditions of supply under section 80) is amended as follows.

(2) In subsection (1)—

(a) for the words from the beginning to “that section” substitute “Before
a person makes the services of any officer available under section
4080(3)(b), (3A)(b), (6)(b) or (c) or (6A)(b), the person must”,

(b) in paragraph (a) for “the Secretary of State” substitute “the person”,
and

(c) in paragraph (b) at the beginning insert “where the person is the
Secretary of State and is not the officer’s employer,”.

(3) 45In subsection (2)—

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

(b) for “he” substitute “it”.