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Health and Social Care Bill (HL Bill 119)

Health and Social Care BillPage 310

(3) In subsection (4), for “The Primary Care Trust” substitute “The Board”.

82 In section 154 (suspension), in subsections (1), (3), (4), (6)(b) and (c) and (8)
(in each place it appears), for “the Primary Care Trust” substitute “the
Board”.

83 (1) 5Section 155 (suspension pending removal) is amended as follows.

(2) In subsections (1), (3) and (6), for “the Primary Care Trust” substitute “the
Board”.

(3) In subsection (5), for “The Primary Care Trust” substitute “The Board”.

84 (1) Section 157 (review of decisions) is amended as follows.

(2) 10In subsection (1), for “The Primary Care Trust” substitute “The Board”.

(3) In subsections (2)(a) and (3), for “the Primary Care Trust” substitute “the
Board”.

85 (1) Section 158 (appeals) is amended as follows.

(2) In subsection (1), for “a Primary Care Trust” substitute “the Board”.

(3) 15In subsections (2) and (6), for “The Primary Care Trust” substitute “The
Board”.

(4) In subsections (3), (4) and (5)(a) and (b) for “the Primary Care Trust”
substitute “the Board”.

(5) In subsection (7), for “Primary Care Trusts” substitute “the Board”.

86 (1) 20Section 159 (national disqualification) is amended as follows.

(2) In subsection (1), for “each Primary Care Trust”, in each place it appears,
substitute “the Board”.

(3) In subsection (3), for “a Primary Care Trust” substitute “the Board”.

(4) In subsection (4)—

(a) 25for “The Primary Care Trust” substitute “The Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

(5) In subsection (5), for “the Primary Care Trust’s” substitute “the Board’s”.

(6) In subsection (6)—

(a) in paragraph (a), for “no Primary Care Trust or” substitute “neither
30the Board nor a”, and

(b) in paragraph (b), for “each Primary Care Trust” substitute “the Board
(if he is included in a list prepared by it)”.

87 In section 160 (notification of decisions), for “a Primary Care Trust”
substitute “the Board”.

88 35In section 161 (withdrawal from lists), in paragraphs (a) and (b), for “a
Primary Care Trust” substitute “the Board”.

89 (1) Section 162 (regulations about decisions under Chapter 6 of Part 7) is
amended as follows.

(2) In subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the
40Board”.

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(3) In subsections (2)(c) and (3), for “the Primary Care Trust” substitute “the
Board”.

90 (1) Section 164 (remuneration for persons providing pharmaceutical services) is
amended as follows.

(2) 5In subsection (3)(b), for “any Primary Care Trust” substitute “the Board”.

(3) In subsection (4A)(a)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “to persons who provide” substitute “for providing”.

91 (1) Section 166 (indemnity cover) is amended as follows.

(2) 10In subsection (2)(b)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust”, in each place it appears, substitute “the
Board”.

(3) In subsection (3), in paragraph (a) of the definition of “indemnity cover”, for
15“a Primary Care Trust” substitute “the Board”.

92 (1) Section 167 (local pharmaceutical committees) is amended as follows.

(2) In subsection (1), for the words from the beginning to “other Primary Care
Trusts,” substitute “The Board may recognise a committee formed for an
area”.

(3) 20In subsections (2)(a) and (3)(a), omit “in the Primary Care Trust’s area”.

(4) In subsections (2)(a) and (b), (3)(a) and (b), (9), (10) and (11), for “the Primary
Care Trust” substitute “the Board”.

(5) In subsections (6) and (7), for “a Primary Care Trust” substitute “the Board”.

(6) In subsection (9), for “A Primary Care Trust” substitute “The Board”.

93 (1) 25Schedule 11 (pilot schemes) is amended as follows.

(2) In paragraph 1 (initiation of pilot schemes), in sub-paragraph (1)(a), for “a
Primary Care Trust” substitute “the Board”.

(3) In paragraph 2 (preliminary steps)—

(a) in sub-paragraph (1), for “the Primary Care Trust concerned”
30substitute “the Board”,

(b) in sub-paragraphs (2), (3), (4) and (5)(a) and (b), for “a Primary Care
Trust” substitute “the Board”,

(c) in sub-paragraph (3)(b), for “the Primary Care Trust” substitute “the
Board”, and

(d) 35in sub-paragraph (5)(d)—

(i) for “Primary Care Trusts” substitute “the Board”, and

(ii) for “them” substitute “it”.

(4) In paragraph 3 (approvals)—

(a) in sub-paragraphs (2) and (3)(b), for “the Primary Care Trust”
40substitute “the Board”, and

(b) in sub-paragraph (3)(a), for “the Primary Care Trust concerned”
substitute “the Board”.

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(5) In paragraph 4 (preliminary approval)—

(a) in sub-paragraphs (1) and (4), for “a Primary Care Trust” substitute
“the Board”, and

(b) in sub-paragraph (2), for “The Primary Care Trust” substitute “The
5Board”.

(6) In paragraph 5 (effect of proposals on existing services)—

(a) in sub-paragraph (1)(a)—

(i) for “the Primary Care Trust”, in the first place it appears,
substitute “the Board”, and

(ii) 10for “the area of the Primary Care Trust” substitute “the area
concerned”,

(b) in sub-paragraph (1)(b), for the words from “supplied” to the end
substitute “prepared under sub-paragraph (3)”,

(c) in sub-paragraph (3)—

(i) 15for “a Primary Care Trust” substitute “the Board”,

(ii) for “the area of another Primary Care Trust” substitute
“another area”, and

(iii) for “consult that other Primary Care Trust about” substitute
“prepare an assessment of the likely effect on those services
20of the implementation of”, and

(d) omit sub-paragraph (4).

(7) In paragraph 7 (making a scheme)—

(a) in sub-paragraphs (1), (2) and (4), for “the Primary Care Trust
concerned” substitute “the Board”, and

(b) 25in sub-paragraph (1), for “the Primary Care Trust must” substitute
“the Board must”.

(8) Any pilot scheme under Chapter 2 of Part 7 of the National Health Service
Act 2006 having effect immediately before the commencement of this
paragraph is to continue to have effect as if it had been established by the
30Board; and nothing in this paragraph or paragraphs 69 to 76 affects the
validity of anything done under or for the purposes of the scheme.

94 (1) Schedule 12 (LPS schemes) is amended as follows.

(2) In paragraph 1 (provision of local pharmaceutical services)—

(a) in sub-paragraph (1)—

(i) 35for “Primary Care Trusts” substitute “The Board or the
Secretary of State”, and

(ii) omit “or Strategic Health Authorities”,

(b) in sub-paragraph (2)—

(i) in paragraph (a), for “a Primary Care Trust” substitute “the
40Board or the Secretary of State (the “commissioner”)”,

(ii) in that paragraph, omit “or Strategic Health Authority (the
“commissioning body”)”, and

(iii) in paragraph (b), for “the commissioning body” substitute
“the commissioner”,

(c) 45omit sub-paragraph (2A),

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(d) for sub-paragraph (2B) substitute—

(2B) The Secretary of State may establish an LPS scheme only
where the other party is the Board.

(2C) The Board may provide local pharmaceutical services
5under an LPS scheme only in such circumstances as may
be prescribed.,

(e) in each of sub-paragraphs (5) and (6), for “a Primary Care Trust”
substitute “the Board”, and

(f) in sub-paragraph (5), omit “in its area”.

(3) 10In paragraph 2 (designation of priority neighbourhoods or premises)—

(a) in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust”
substitute “the Board”, and

(b) in sub-paragraph (1), omit “or Strategic Health Authority”.

(4) In paragraph 3 (regulations)—

(a) 15in sub-paragraph (2), for “the commissioning body” substitute “the
commissioner”, and

(b) in sub-paragraph (3)(k)—

(i) for “Primary Care Trusts” substitute “the Board or the
Secretary of State”, and

(ii) 20omit “or Strategic Health Authorities”.

(5) In consequence of the repeals made by this paragraph, omit section 29(7),
(8)(a) and (c), (10), (12) and (15) of the Health Act 2009.

(6) Any LPS scheme under Chapter 3 of Part 7 of the National Health Service
Act 2006 having effect immediately before the commencement of this
25paragraph is to continue to have effect as if it had been established by the
Board; and nothing in this paragraph or paragraph 77 affects the validity of
anything done under or for the purposes of the scheme.

Part 8 Charging

95 30In section 176 (dental charging)—

(a) in subsection (3), for “a Primary Care Trust or Special Health
Authority” substitute “the Board”, and

(b) in subsection (4)(a), omit sub-paragraph (i).

96 In section 177 (exemptions from dental charging), in subsection (4), omit
35paragraph (a).

97 (1) Section 180 (payments in respect of costs of optical appliances) is amended
as follows.

(2) In subsection (1), for “him or a relevant body” substitute “the Board”.

(3) In subsection (3), in paragraph (a)—

(a) 40for “himself or such relevant body as may be prescribed” substitute
“the Board”, and

(b) for “he or the prescribed body” substitute “the Board”.

(4) In paragraph (b) of that subsection—

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(a) for “him or such relevant body as may be prescribed” substitute “the
Board”, and

(b) for “him or by the prescribed body” substitute “the Board”.

(5) After subsection (6) insert—

(6A) 5The Board may direct a Special Health Authority, or such other body
as may be prescribed, to exercise any of the Board’s functions under
regulations under this section.

(6) Omit subsection (10).

(7) In subsection (11), at the end insert “in accordance with the regulations”.

(8) 10Omit subsection (12).

(9) For the title to section 180 substitute “Payments in respect of costs of optical
appliances and sight tests”.

98 (1) Section 181 (provision supplementary to section 180) is amended as follows.

(2) In subsection (3), omit the words from “(whether” to the end.

(3) 15Omit subsection (9).

99 (1) Section 183 (payment of travelling expenses) is amended as follows.

(2) In paragraph (a) —

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

(b) 20omit “, a Primary Care Trust,”.

(3) In paragraph (b)—

(a) after “by” insert “the Board,”,

(b) omit “a Primary Care Trust”, and

(c) before the first “to” insert “or a clinical commissioning group”, and

(d) 25omit the words from “and” to “Trust,”.

(4) In paragraph (c)—

(a) after “by” insert “the Board,”,

(b) omit “a Primary Care Trust”, and

(c) before the first “to” insert “or a clinical commissioning group”.

100 30In section 185 (charges for more expensive supplies), in subsection (2)—

(a) after “the Secretary of State,” insert “the Board, a clinical
commissioning group, a local authority,”, and

(b) omit “a Primary Care Trust,”.

101 In section 186 (charges for repairs and replacements in certain cases), in
35subsection (2)—

(a) after “the Secretary of State,” insert “the Board, a clinical
commissioning group, a local authority,” and

(b) omit “a Primary Care Trust,”.

102 In section 187 (charges for designated services or facilities) for the words
40from “designated” to the end substitute “of a kind mentioned in section
3(1)(d) or (e) (whether provided in pursuance of those provisions or any
other provision of this Act)”.

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103 In section 188 (sums otherwise payable to those providing services), in
subsection (2) —

(a) after the first “by” insert “the Board or a clinical commissioning
group,”, and

(b) 5omit “a Primary Care Trust”.

Part 9 Fraud etc.

104 (1) Section 195 (compulsory disclosure of documents) is amended as follows.

(2) In subsection (2) for “section 2(1)(b)” substitute “section 2”.

(3) 10In subsection (3) —

(a) for “section 2(1)(b)” substitute “section 2”,

(b) in paragraph (a) after “(“NHS services”)” insert “or in arranging for
the provision of such services”,

(c) in paragraph (d) after “NHS services” insert “or with arranging for
15the provision of such services”, and

(d) in paragraph (f) after “NHS services” insert “or with arranging for
the provision of such services”.

105 (1) Section 196 (persons and bodies about which provision is made by Part 10)
is amended as follows.

(2) 20In subsection (2), for “section 28(6)” substitute “section 275(1)”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

(za) the Board,

(zb) a clinical commissioning group,

(4) After subsection (5) insert—

(5A) A “public health service contractor” means any person providing
services of any description under arrangements made in the exercise
30of the public health functions of the Secretary of State or a local
authority.

106 (1) Section 197 (notice requiring production of documents) is amended as
follows.

(2) In subsection (1)(a) after “health service provider” insert “, public health
35service contractor”.

(3) In subsection (3)(d) after “health service provider” insert “, public health
service contractor”.

107 In section 201 (disclosure of information), in subsection (3)(a) for “any of the
Secretary of State’s functions” substitute “any of the functions of the
40Secretary of State, the Board, a clinical commissioning group or a local
authority”.

108 (1) Section 210 (interpretation of Part 10) is amended as follows.

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(2) In subsection (1) after “health service provider” insert “, “public health
service contractor””.

(3) In subsection (2)(a)—

(a) after “in relation to” insert “the Secretary of State, local authorities,”,
5and

(b) after “health service providers” insert “, public health service
contractors”.

Part 10 Property and finance

109 (1) 10Section 211 (acquisition, use and maintenance of property) is amended as
follows.

(2) In subsection (4) for “A local social services authority” substitute “A local
authority”.

(3) After that subsection insert—

(4A) 15In subsection (4), “local authority” has the same meaning as in
section 2B.

110 In section 213 (transfers of trust property), in subsection (2)(c)—

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

(b) omit “a Primary Care Trust,.”

111 (1) 20Section 214 (transfer of functions and property to or from special trustees) is
amended as follows.

(2) In subsection (1)—

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

(b) 25omit “a Primary Care trust,”.

(3) In subsection (3)(a)—

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

(b) omit “a Primary Care Trust,”.

112 (1) Section 215 (trustees and property under section 222) is amended as follows.

(2) 30Omit subsection (2)(b) and the preceding “and”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

(za) on trust for any purposes of the Board for which
trustees have been appointed under paragraph 11 of
35Schedule A1,

(zb) on trust for any purposes of the clinical
commissioning group for which trustees have been
appointed under paragraph 14 of Schedule 1A,, and

(b) omit paragraph (a).

(4) 40In subsection (4)—

(a) after the second “and” insert “the Board, the clinical commissioning
group,”,

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

(c) after the second “by” insert “the Board, the clinical commissioning
group,”.

113 In section 216 (application of trust property: further provisions), in
5subsection (3), after “or 214” insert “of this Act or section 296 or 298 of the
Health and Social Care Act 2012”.

114 In section 217 (trusts: supplementary provisions), in subsection (1)—

(a) omit paragraph (f), and

(b) omit paragraph (g).

115 10In section 218 (private trusts for hospitals), in subsection (4)—

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

(b) in paragraph (c) omit “or Primary Care Trust” (in both places where
it occurs), and

(c) for paragraph (d) substitute —

(d) 15in any other case—

(i) where the hospital is vested in the Secretary of
State, the Special Health Authority exercising
functions of the Secretary of State in respect of
it or, where there is no such Special Health
20Authority, the Secretary of State,

(ii) where the Welsh Ministers have functions in
respect of the hospital, the Special Health
Authority or Local Health Board exercising
those functions.

116 25In section 220 (trust property previously held for general hospital purposes),
in subsection (2), after “or 214” insert “of this Act or section 296 or 298 of the
Health and Social Care Act 2012”.

117 (1) Section 222 (power to raise money) is amended as follows.

(2) In subsection (3) for “the Secretary of State” substitute “the appropriate
30authority”.

(3) After subsection (3) insert—

(3A) In subsection (3) “appropriate authority” means—

(a) in relation to a clinical commissioning group, the Board, and

(b) in relation to any other body to which this section applies, the
35Secretary of State.

118 (1) In section 223 (formation of companies), in each of subsections (1), (2) and (5)
after “Secretary of State” insert “or the Board”.

(2) After that section insert—

223A Application of section 223 to clinical commissioning groups

(1) 40Section 223 applies in relation to a clinical commissioning group as it
applies in relation to the Board.

(2) But the powers conferred by that section are exercisable by a clinical
commissioning group only for the purpose of securing
improvement—

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(a) in the physical and mental health of the people for whom it
has responsibility for the purposes of section 3, or

(b) in the prevention, diagnosis and treatment of illness in such
people.

119 5Omit section 224 (means of meeting expenditure of Strategic Health
Authorities).

120 (1) Section 226 (financial duties of Strategic Health Authorities and Special
Health Authorities) is amended as follows.

(2) Omit subsection (1).

(3) 10In subsection (3) —

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

(b) for “subsection (1) or (2)” substitute “subsection (2)”.

(4) In subsection (4) omit “Strategic Health Authority or” (in each place where
it occurs).

(5) 15In subsection (5) omit “Strategic Health Authority or”.

(6) In subsection (6) omit “Strategic Health Authority or”.

(7) In subsection (7)—

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

(b) omit paragraph (b)(i) and the word “or” immediately following it,
20and

(c) omit paragraph (c)(i) and the word “or” immediately following it,
and

(d) in the words following paragraph (c) omit “Strategic Health
Authority or”.

121 (1) 25Section 227 (resource limits for Strategic Health Authorities and Special
Health Authorities) is amended as follows.

(2) In subsection (1), omit “Strategic Health Authority and each”.

(3) In subsection (2)(b) omit “Strategic Health Authority or”.

(4) In subsection (3) omit “Strategic Health Authority or”.

(5) 30In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.

122 Omit sections 228 to 231 (funding of Primary Care Trusts etc).

123 In section 234 (special arrangement as to payment of remuneration), omit
subsection (4).

124 (1) Section 236 (payment for medical examination before application for
35admission to hospital under the Mental Health Act) is amended as follows.

(2) In subsection (1), for “the Secretary of State” substitute “the prescribed
clinical commissioning group”.

(3) In subsection (2)(b)—

(a) after “report made” insert

(i), 40

(b) omit “a Primary Care Trust,”,

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(c) before “NHS trust” insert “an”, and

(d) at the end insert , or

(ii) pursuant to arrangements made by the
National Health Service Commissioning
5Board or a clinical commissioning group, or

(iii) pursuant to arrangements made in the
exercise (by any person) of the public health
functions of the Secretary of State or a local
authority.

125 10Omit Schedule 14 (further provision about expenditure of Primary Care
Trusts).

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

(2) In paragraph 1(1)—

(a) omit paragraph (a),

(b) 15omit paragraph (c), and

(c) omit paragraph (g).

(3) In paragraph 5, omit sub-paragraph (2).

(4) Omit paragraph 7.

(5) In paragraph 8(3) omit “or 7”.

(6) 20Omit paragraph 9.

Part 11 Public involvement and scrutiny

127 (1) Section 242 (public involvement and consultation) is amended as follows.

(2) In subsection (1A)—

(a) 25omit paragraph (a), and

(b) omit paragraph (b).

(3) Omit subsections (4) and (5).

128 Omit sections 242A and 242B (duties of Strategic Health Authorities in
relation to involvement of users).

129 30In section 246 (overview and scrutiny committees: exempt information), in
subsection (3)(a), omit “, or under regulations under section 12A(4),”.

Part 12 Miscellaneous

130 (1) Section 256 (power of Primary Care Trusts to make payments towards
35expenditure on community services) is amended as follows.

(2) In subsection (1) for “A Primary Care Trust” substitute “The Board or a
clinical commissioning group”.

(3) In subsection (3)—