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Health and Social Care Bill (HL Bill 119)

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(a) for “A Primary Care Trust” substitute “The Board or a clinical
commissioning group”, and

(b) for “the Primary Care Trust” substitute “the Board or (as the case
may be) the clinical commissioning group”.

131 5In section 257 (payments in respect of voluntary organisations under section
256), in subsection (2) for “the Primary Care Trust” substitute “the Board or
the clinical commissioning group”.

132 (1) Section 258 (university clinical teaching and research) is amended as
follows.

(2) 10In subsection (1)—

(a) for “The Secretary of State must exercise his functions under this
Act” substitute “The functions under this Act of the Secretary of
State, the Board and each clinical commissioning group must be
exercised”, and

(b) 15for “he” substitute “the Secretary of State, the Board or the clinical
commissioning group (as the case may be)”.

(3) In subsection (2), in paragraph (a)—

(a) after “exercisable by” insert “the Board,”,

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

(c) 20omit “Strategic Health Authority,”, and

(d) omit “Primary Care Trust,”.

133 (1) Section 259 (sale of medical practices) is amended as follows.

(2) In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section
83(2)”.

(3) 25After that subsection insert—

(4A) The reference in subsection (4)(e) to arrangements under section
83(2) of this Act includes a reference to arrangements made under
section 83(2)(b) of this Act before the commencement of paragraph
31 of Schedule 4 to the Health and Social Care Act 2012 (sub-
30paragraph (2) of which replaces section 83(2)).

(4) In subsection (5), in the definition of “relevant area”—

(a) after ““relevant area”” insert , and

  • (a)

(b) at the end insert ;

  • (b)

    35in relation to the Board, in a case where a
    person has at any time provided or performed
    services by arrangement or contract with the
    Board, means the prescribed area (at the
    prescribed time).

134 40Omit section 268 (persons displaced by health service development), and the
cross-heading which precedes it.

135 In section 271 (territorial limit of exercise of functions), in the words in
brackets in subsection (3)(a), after “directions to” insert “certain”.

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136 After section 271 insert—

271A Services to be treated as services of the Crown for certain purposes

(1) Services to which this section applies are to be treated as services of
the Crown for the purposes of—

(a) 5Schedule 1 to the Registered Designs Act 1949 (provisions as
to the use of registered designs for the services of the Crown
etc.), and

(b) sections 55 to 59 of the Patents Act 1977 (use of patented
inventions for the services of the Crown).

(2) 10This section applies to services provided in pursuance of—

(a) the functions of the Board or a clinical commissioning group
under section 3, 3A, 3B or 4 or Schedule 1, or

(b) the public health functions of a local authority.

137 (1) Section 272 (orders, regulations, rules and directions) is amended as follows.

(2) 15In subsection (3)—

(a) omit paragraph (b), and

(b) omit paragraph (d).

(3) In subsection (5) omit “a PCT order, or”.

138 (1) Section 273 (further provision about orders and directions) is amended as
20follows.

(2) In subsection (3) for “by a Strategic Health Authority” substitute “by the
Board”.

(3) In subsection (4)(c)(ii)—

(a) after “8,” insert “13Z1,”, and

(b) 25omit “15,”.

139 (1) Section 275 (interpretation) is amended as follows.

(2) In subsection (1)—

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

  • “the Board” means the National Health Service
    30Commissioning Board,

  • “clinical commissioning group” means a body
    established under section 14D of this Act,,

(b) in the definition of “health service hospital” omit “a Primary Care
Trust,”, and

(c) 35after the definition of “modifications” insert—

  • NHS body” means—

    (a)

    the Board,

    (b)

    a clinical commissioning group,

    (c)

    a Special Health Authority,

    (d)

    40an NHS trust,

    (e)

    an NHS foundation trust, and

    (f)

    a Local Health Board.

(3) In subsection (3)—

(a) omit “or 15”,

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(b) omit “Strategic Health Authority,” (in both places where it occurs),
and

(c) omit “Primary Care Trust or” (in both places where it occurs).

(4) Until the commencement of section 32, the definition of “NHS body” in
5section 275 of the National Health Service Act 2006 has effect as if it included
a reference to a Strategic Health Authority.

(5) Until the commencement of section 33, the definition of “NHS body” in
section 275 of the National Health Service Act 2006 has effect as if it included
a reference to a Primary Care Trust.

140 (1) 10Section 276 (index of defined expressions) is amended as follows.

(2) Omit the entry relating to “NHS body”.

(3) Omit the entry relating to “PCT order”.

(4) After the entry relating to “provider, in relation to an NHS contract” insert—

public health functions of
the Secretary of State
section 1G(5)(a)
15
public health functions of
local authorities
section 1G(5)(b).

Section 54(2)

SCHEDULE 5 Part 1: amendments of other enactments

20Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

1 In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936
(definitions)—

(a) in the definition of “voluntary hospital”, for “, NHS foundation trust
or a Primary Care Trust” substitute “or an NHS foundation trust”,
25and

(b) omit the definition of “Primary Care Trust”.

National Assistance Act 1948 (c. 29)National Assistance Act 1948 (c. 29)

2 The National Assistance Act 1948 is amended as follows.

3 (1) Section 24 (local authority’s liability for provision of accommodation) is
30amended as follows.

(2) In subsection (6A), in paragraph (b), omit “Primary Care Trust or”.

(3) Omit subsection (6B).

(4) In consequence of the repeal made by sub-paragraph (3), omit paragraph 1
of Schedule 1 to the Health Act 2009.

4 35In section 26 (provision of accommodation in premises maintained by
voluntary organisations), in subsection (1C)—

(a) after “such” insert “clinical commissioning group or”, and

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(b) omit “Primary Care Trust or”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

5 In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of
Civil Interests) Act 1951 (capacities in respect of which payments under Part
55 of the Act may be made, and paying authorities), in paragraph 15—

(a) in the first column (headed “capacity”), after “Officer of” insert “the
National Health Service Commissioning Board, a clinical
commissioning group,”,

(b) in that column, omit “a Strategic Health Authority,”,

(c) 10in the second column (headed “paying authority”), after “The” insert
“National Health Service Commissioning Board, clinical
commissioning group,”, and

(d) in that column, omit “Strategic Health Authority,”.

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

6 15In Schedule 1 to the Public Records Act 1958 (bodies the records of which are
public records), in paragraph 3(2) in the Table, in second column of the first
entry relating to the Department of Health—

(a) after “Authorities including” insert “the National Health Service
Commissioning Board, clinical commissioning groups,”,

(b) 20after “records of trust property passing to” insert “the National
Health Service Commissioning Board, a clinical commissioning
group,”,

(c) after “section 161 of the National Health Service (Wales) Act 2006” (in
the second place it occurs) insert “or under section 296 of the Health
25and Social Care Act 2012”,

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

(e) after “that Act, or” (in the second place where it occurs) insert “by
virtue of section 2 and section 13X of, or paragraph 19 of Schedule 1A
30to, that Act, or under”.

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

7 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which the Act applies), in paragraph 1—

(a) omit paragraph (ea),

(b) 35before paragraph (g) insert—

(fa) the National Health Service Commissioning Board,
except as regards the exercise of functions under
the National Health Service (Service Committees
and Tribunal) Regulations 1992, or any regulations
40amending or replacing those regulations;, and

(c) omit paragraph (gg).

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

8 In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not
subject to investigation), in paragraph 8—

(a) 45in sub-paragraph (1)—

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(i) after “Secretary of State by” insert “a local authority, the
National Health Service Commissioning Board, a clinical
commissioning group”,

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

(iii) 5omit “, a Primary Care Trust”, and

(b) in sub-paragraph (2)—

(i) after “action taken by” insert “a local authority, the National
Health Service Commissioning Board, a clinical
commissioning group or”,

(ii) 10omit “a Strategic Health Authority,”, and

(iii) omit “or Primary Care Trust”.

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

9 In section 1 of the Abortion Act 1967 (location of treatment for termination
of pregnancy), in subsection (3) omit “a Primary Care Trust or”.

15Leasehold Reform Act 1967 (c. 88)Leasehold Reform Act 1967 (c. 88)

10 In section 28 of the Leasehold Reform Act 1967 (land required for public
purposes)—

(a) in subsection (5), in paragraph (d)—

(i) after “to” insert “the National Health Service Commissioning
20Board, any clinical commissioning group,”,

(ii) omit “any Strategic Health Authority,”, and

(iii) omit “, any Primary Care Trust”, and

(b) in subsection (6), in paragraph (c)—

(i) after “in the case of” insert “the National Health Service
25Commissioning Board, a clinical commissioning group,”,

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

(iii) omit “, Primary Care Trust”.

Health Services and Public Health Act 1968 (c. 46)Health Services and Public Health Act 1968 (c. 46)

11 The Health Services and Public Health Act 1968 is amended as follows.

12 (1) 30Section 63 (provision of instruction for officers of hospital authorities etc.) is
amended as follows.

(2) In subsection (1)—

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

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

(c) omit “, Primary Care Trust”.

(3) In subsection (2)—

(a) in paragraph (a) before “or the council” insert “, the National Health
Service Commissioning Board, a clinical commissioning group”, and

(b) 40in paragraph (b) for “a Primary Care Trust” substitute “the National
Health Service Commissioning Board”.

(4) In subsection (5A)—

Health and Social Care BillPage 325

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

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

(5) In subsection (5B)—

(a) 5omit paragraph (za), and

(b) omit paragraph (bb).

13 In section 64 (financial assistance to certain voluntary organisations), in
subsection (3)(b)—

(a) after “City of London” insert “or a service for the provision of which
10the National Health Service Commissioning Board or a clinical
commissioning group has, by virtue of the National Health Service
Act 2006, a duty or power to make arrangements”,

(b) for “a Primary Care Trust or local Health Board are” substitute “a
local Health Board is”,

(c) 15omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”,
and

(d) omit “Primary Care Trust or”.

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

14 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969
20(employers exempted from insurance), in subsection (2)(a)—

(a) after “National Health Service and Community Care Act 1990,”
insert “the National Health Service Commissioning Board, a clinical
commissioning group established under section 14D of the National
Health Service Act 2006,”, and

(b) 25omit “, a Primary Care Trust established under section 18 of the
National Health Service Act 2006”.

Local Authority Social Services Act 1970 (c. 42)Local Authority Social Services Act 1970 (c. 42)

15 In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions) in the entry relating to the Children Act 1989, in the column
30headed “Nature of functions”—

(a) after “accommodated” insert “pursuant to arrangements made by
the Secretary of State, the National Health Service Commissioning
Board or a clinical commissioning group under the National Health
Service Act 2006 or”, and

(b) 35omit “Primary Care Trusts,”.

Chronically Sick and Disabled Persons Act 1970 (c. 44)Chronically Sick and Disabled Persons Act 1970 (c. 44)

16 (1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation
of younger from older patients) is amended as follows.

(2) In subsection (1) for “The Secretary of State” substitute “The Welsh
40Ministers”.

(3) In subsection (2) (as substituted by the National Health Service
Reorganisation Act 1973)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”,

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(b) for “each House of Parliament” substitute “the National Assembly
for Wales”,

(c) for “as he considers” substitute “as they consider”, and

(d) for “in him” substitute “in them”.

5Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70)

17 In section 113 of the Local Government Act 1972 (placing of staff of local
authorities at disposal of certain persons)—

(a) in subsection (1A)—

(i) after “with” insert “the Secretary of State, the National Health
10Service Commissioning Board,”,

(ii) after “Local Health Board,” (in each place where it occurs)
insert “clinical commissioning group,”,

(iii) omit “Primary Care Trust,” (in each place where it occurs),

(iv) in paragraph (a), after “disposal of” insert “the Secretary of
15State, the National Health Service Commissioning Board,”,
and

(v) in paragraph (b), after “employed by” insert “the Secretary of
State, the National Health Service Commissioning Board,”,
and

(b) 20in subsection (4)—

(i) after “above”, insert ““Secretary of State” means the Secretary
of State in relation to the exercise of functions under section
2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the
National Health Service Act 2006,”,

(ii) 25before ““NHS trust”” insert ““clinical commissioning group”
means a body established under section 14D of the National
Health Service Act 2006, and”, and

(iii) omit the words from “and “Primary Care Trust”” to the end.

Local Government Act 1974 (c. 7)Local Government Act 1974 (c. 7)

18 30In section 26 of the Local Government Act 1974 (matters subject to
investigation by Local Commissioner), in subsection (1), after paragraph (c)
insert—

(d) an alleged or apparent failure in a service provided by the
authority in pursuance of arrangements under section 7A of
35the National Health Service Act 2006;

(e) an alleged or apparent failure to provide a service in
pursuance of such arrangements.

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

19 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
40(offices disqualifying for membership of the House)—

(a) omit the entry relating to the chairman or any member of a Primary
Care Trust,

(b) in the entry relating to the chairman or any member of any Strategic
Health Authority or Special Health Authority, omit “Strategic Health
45Authority, or”, and

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(c) at the appropriate place insert—

  • Chairman or non-executive member of the National Health Service
    Commissioning Board.

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

20 5The Acquisition of Land Act 1981 is amended as follows.

21 In section 16 (land excluded from compulsory purchase), in subsection (3)—

(a) after paragraph (a) insert—

(aa) the National Health Service Commissioning Board;

(ab) a clinical commissioning group established under
10section 14D of the National Health Service Act 2006;”,
and

(b) omit paragraph (c).

22 In section 17 (special parliamentary procedure applying to compulsory
purchase orders concerning certain land), in subsection (4) in the definition
15of “statutory undertakers”—

(a) omit paragraph (ad), and

(b) before paragraph (b) insert—

(ae) the National Health Service Commissioning Board,

(af) a clinical commissioning group established under
20section 14D of the National Health Service Act 2006,.

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

23 The Mental Health Act 1983 is amended as follows.

24 In section 19 (regulations as to transfers of patients), in subsection (3)—

(a) for “NHS foundation trust,”, in each place it appears, substitute
25NHS foundation trust or”, and

(b) omit “or Primary Care Trust” in each place it appears.

25 In section 23 (discharge of patients), in subsection (5)(a)—

(a) for “, Special Health Authority”, in each place it appears, substitute
“or Special Health Authority”,

(b) 30omit “or Primary Care Trust” in each place it appears, and

(c) omit “, trust” in each place it appears.

26 In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3),
omit “, Primary Care Trusts”.

27 (1) Section 39 (power of court to request information from hospitals) is
35amended as follows.

(2) In subsection (1)—

(a) omit “Primary Care Trust or” in each place it appears,

(b) in paragraph (a), after the first “the” insert “clinical commissioning
group or”,

(c) 40in paragraph (b), at the beginning insert “the National Health Service
Commissioning Board or”,

(d) in that paragraph, after “or any other” insert “clinical commissioning
group or”,

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(e) after “such information as that” insert “clinical commissioning group
or”,

(f) after “Local Health Board or”, in each place it appears, insert “the
National Health Service Commissioning Board or the”,

(g) 5after “order, and that” insert “clinical commissioning group or”.

(3) After subsection (1) insert—

(1ZA) A request under this section to the National Health Service
Commissioning Board may relate only to services or facilities the
provision of which the Board arranges.

(4) 10In consequence of the repeals made by sub-paragraph (2), omit paragraph
46 of Schedule 2 to the National Health Service Reform and Health Care
Professions Act 2002.

28 In section 134 (patients’ correspondence), in subsection (3)(e)—

(a) at the beginning insert “the National Health Service Commissioning
15Board, a clinical commissioning group,”,

(b) omit “Strategic Health Authority,”,

(c) for “, Special Health Authority” substitute “or Special Health
Authority”, and

(d) omit “or Primary Care Trust”.

29 20In section 139 (protection for acts done in pursuance of that Act), in
subsection (4)—

(a) after “the Secretary of State or against” insert “the National Health
Service Commissioning Board, a clinical commissioning group,”,

(b) omit “Strategic Health Authority,”,

(c) 25for “, Special Health Authority” substitute “or Special Health
Authority”, and

(d) omit “or Primary Care Trust”.

30 (1) In section 145 (interpretation), in subsection (1)—

(a) in the definition of “the managers”, in paragraph (a)—

(i) 30after “the National Health Service (Wales) Act 2006,” (in the
second place where it occurs) insert “the Secretary of State
where the Secretary is responsible for the administration of
the hospital or”,

(ii) omit “Primary Care Trust,”, and

(iii) 35omit “Strategic Health Authority,”,

(b) in paragraph (bb) of that definition, omit “a Primary Care Trust or”,

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

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

(2) In consequence of the repeals made by sub-paragraph (1)—

(a) 40omit paragraph 49 of Schedule 2 to the National Health Service
Reform and Health Care Professions Act 2002, and

(b) omit paragraph 70(e) and (g) of Schedule 1 to the National Health
Service (Consequential Provisions) Act 2006.

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Public Health (Control of Disease) Act 1984 (c. 22)Public Health (Control of Disease) Act 1984 (c. 22)

31 In section 13 of the Public Health (Control of Disease) Act 1984 (regulations
for control of certain diseases), in subsection (4)(a)—

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

(b) 5omit “, Primary Care Trusts”.

Dentists Act 1984 (c. 24)Dentists Act 1984 (c. 24)

32 The Dentists Act 1984 is amended as follows.

33 In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).

34 In section 36M (guidance for dental care professionals), in subsection (8)
10omit paragraph (a).

35 In section 40 (definition of “business of dentistry”), in subsection (2)(aa)—

(a) omit “under section 92 of the National Health Service Act 2006 or”,

(b) after “section 100” insert “of the National Health Service Act 2006 or
an agreement under section 107”,

(c) 15omit “under section 50 of the National Health Service (Wales) Act
2006 or”, and

(d) after “section 57” insert “of the National Health Service (Wales) Act
2006 or an agreement under section 64”.

36 In section 50D (rules: consultation), in subsection (4) omit paragraph (a).

20Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

37 The Disabled Persons (Services, Consultation and Representation) Act 1986
is amended as follows.

38 In section 2 (rights of authorised representatives of disabled persons)—

(a) in subsection (5) in paragraph (a)—

(i) 25after “hospital accommodation” (in the first place it occurs)
insert “provided pursuant to arrangements made by the
National Health Service Commissioning Board or a clinical
commissioning group under the National Health Service Act
2006 or”,

(ii) 30for “the Secretary of State under section (3)(1)(a)” substitute
“the Secretary of State under section 2A or 2B”, and

(iii) omit “by a Primary Care Trust established under that Act,”,

(b) in subsection (7) in paragraph (a), after “provision of services” insert
“, or the arrangement for the provision of services,”, and

(c) 35in subsection (9) in the definition of “health authority”, in paragraph
(a)—

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

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

(iii) 40omit “or a Primary Care Trust”.

39 In section 7 (persons discharged from hospital), in subsection (9)—