Health and Social Care Bill (HL Bill 119)

(a) before paragraph (b) insert—

“(aa) the National Health Service Commissioning Board,

(ab) a clinical commissioning group, or”, and

(b) omit paragraph (c) and the preceding “or”.

5Regulation of Investigatory Powers Act 2000 (c. 23)Regulation of Investigatory Powers Act 2000 (c. 23)

98 In section 4 of the Regulation of Investigatory Powers Act 2000 (power to
provide for lawful interception) in subsection (5) for “section 8 of the
National Health Service Act 2006” substitute “section 4(3A)(a) of the
National Health Service Act 2006”.

10Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

99 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales)—

(a) omit paragraph 36A,

(b) before paragraph 38 insert—

“37A 15The National Health Service Commissioning Board.

37B A clinical commissioning group established under section
14D of the National Health Service Act 2006.”, and

(c) omit paragraph 39.

International Development Act 2002 (c. 1)International Development Act 2002 (c. 1)

100 20In Schedule 1 to the International Development Act 2002 (Statutory bodies
to which section 9 applies)—

(a) before the entry for a Health Board insert—

• “ the National Health Service Commissioning Board

• a clinical commissioning group”,

(b) 25omit the entry for a Primary Care Trust, and

(c) omit the entry for a Strategic Health Authority.

National Health Service Reform and Health Care Professions Act 2002 (c. 17)National Health Service Reform and Health Care Professions Act 2002 (c. 17)

101 The National Health Service Reform and Health Care Professions Act 2002
is amended as follows.

102 30Omit Schedule 1 (English health authorities: change of name to Strategic
Health Authorities).

103 Omit Schedule 2 (consequential amendments concerning the reallocation of
functions to Primary Care Trusts).

Adoption and Children Act 2002 (c. 38)Adoption and Children Act 2002 (c. 38)

104 35The Adoption and Children Act 2002 is amended as follows.

105 In section 4 (assessments etc for adoption support services), in subsection
(9)—

(a) before paragraph (a) insert—

“(za) there may be a need for the provision to that person of
40services that may be provided pursuant to

arrangements made by a clinical commissioning
group under the National Health Service Act 2006
(including by virtue of section 7A of that Act),”,

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

(c) 5in the text following paragraph (b)—

(i) after “notify that” insert “clinical commissioning group,”, and

(ii) omit “Primary Care Trust,”.

106 In section 8 (bodies which cannot be adoption support agencies), in
subsection (2)—

(a) 10before paragraph (d) insert—

“(ca) the National Health Service Commissioning Board,”,
and”

(b) in paragraph (d)—

(i) omit “, Primary Care Trust”, and

(ii) 15before “(in Wales,” insert “, clinical commissioning group”.

Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

107 In section 133(4) of the Nationality, Immigration and Asylum Act 2002
(power of medical inspector to disclose information to health service
bodies), in paragraph (a)—

(a) 20omit sub-paragraph (i),

(b) before sub-paragraph (ii) insert—

“(ia) the National Health Service Commissioning
Board,

(ib) a clinical commissioning group established
25under section 14D of the National Health
Service Act 2006,

(ic) a local authority in relation to the exercise of
functions under section 2B or 111 of, or any of
paragraphs 1 to 7B or 13 of Schedule 1 to, the
30National Health Service Act 2006,”, and

(c) omit sub-paragraph (iii).

Community Care (Delayed Discharges etc.) Act 2003 (c. 5)Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

108 The Community Care (Delayed Discharges etc.) Act 2003 is amended as
follows.

109 35In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in
subsection (1), in the definition of “NHS body” in paragraph (b) omit “a
Primary Care Trust (in England) or”.

110 In section 9 (dispute resolution)—

(a) in subsection (1) omit “by Strategic Health Authorities in England
40and”,

(b) at the end of that subsection insert “in relation to Wales”,

(c) in subsection (2) omit —

(i) “Strategic Health Authority or”, and

(ii) “Authority or”,

(d) 45in subsection (3)—

(i) for “the appropriate Minister” substitute “the Welsh
Ministers”,

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

(iii) omit “Authority or”, and

(e) 5in subsection (4)(a) omit “Strategic Health Authority or”.

Licensing Act 2003 (c. 17)Licensing Act 2003 (c. 17)

111 In section 16 of the Licensing Act 2003 (applicant for premises licence), in
subsection (3), in the definition of “health service body” omit paragraph (b).

Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

112 10In section 42 of the Sexual Offences Act 2003 (care workers: interpretation)
in subsection (5), in the definition of “National Health Service body”—

(a) after paragraph (b) insert—

“(ba) the Secretary of State in relation to the exercise of
functions under section 2A or 2B of, or paragraph 7C,
158 or 12 of Schedule 1 to, the National Health Service
Act 2006,

(bb) a local authority in relation to the exercise of functions
under section 2B or 111 of, or any of paragraphs 1 to
7B, or 13 of Schedule 1 to, the National Health Service
20Act 2006,”, and

(b) omit paragraph (c).

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

113 The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.

114 25In section 45 (quality in health care), in subsection (4), omit “, or under
regulations under section 12A(4),”.

115 In section 71 (reporting to Secretary of State and regulator)—

(a) in subsection (2), after “special measures” insert “or request another
person to take special measures”, and

(b) 30omit subsections (3) and (4).

116 In section 113 (complaints about health care), in subsection (1), after
paragraph (c) insert—

“(d) anything done by the National Health Service
Commissioning Board or a clinical commissioning group in
35pursuance of arrangements made under section 7A of the
National Health Service Act 2006.”

117 In section 148 (interpretation of Part 2), in the definition of “English NHS
body”—

(a) omit paragraph (a),

(b) 40omit paragraph (b), and

(c) before paragraph (d) insert—

“(ca) the National Health Service Commissioning Board;

(cb) a clinical commissioning group;”.

118 In section 160 (provision of information)—

(a) in subsection (1), after paragraph (g) insert—

“(h) if the injured person received NHS treatment
pursuant to arrangements made by a clinical
5commissioning group under section 3 or 3A of the
National Health Service Act 2006, the clinical
commissioning group.”, and

119 10In section 165 (power to apply provisions about recovery of charges to non-
NHS hospitals), in subsection (3)(b)—

(a) omit sub-paragraph (i), and

(b) before sub-paragraph (ii) insert—

“(ia) the National Health Service Commissioning
15Board,

(ib) a clinical commissioning group,”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

120 In section 325 of the Criminal Justice Act 2003 (arrangements for assessing
etc risks posed by certain offenders)—

(a) 20after subsection (6)(b) insert—

“(ba) the National Health Service Commissioning Board,”,

(b) after subsection (6)(d) insert—

“(da) every local authority (in its capacity as a person
exercising functions for the purposes of the health
25service) any part of whose area falls within the
relevant area,”,

(c) in subsection (6)(f) omit “or Strategic Health Authority”, and

(d) in subsection (6)(g)—

(i) after “every” insert “clinical commissioning group or”, and

(ii) 30omit “Primary Care Trust or”.

Carers (Equal Opportunities) Act 2004 (c. 15)Carers (Equal Opportunities) Act 2004 (c. 15)

121 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation
between authorities) is amended as follows.

(2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in
35pursuance of arrangements made by”.

(3) In subsection (3) after “provide” insert “or arrange for the provision of”.

(4) In subsection (5)—

(a) omit the “and” at the end of paragraph (c) and insert—

“(ca) the Secretary of State, in relation to the exercise of
40functions under section 2A or 2B of, or paragraph 7C,
8 or 12 of Schedule 1 to, the National Health Service
Act 2006,

(cb) the National Health Service Commissioning Board,
and”, and

(b) 45in paragraph (d)—

(i) after “any” insert “clinical commissioning group,”, and

(ii) omit “Primary Care Trust”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)Domestic Violence, Crime and Victims Act 2004 (c. 28)

122 In section 9 of the Domestic Violence, Crime and Victims Act 2004
5(establishment and conduct of domestic homicide reviews), in the list in
subsection (4)(a)—

(a) after the entry for local probation boards insert—

• “the National Health Service Commissioning Board;

• clinical commissioning groups established under
  10section 14D of the National Health Service Act 2006;”,

(b) omit the entry for Strategic Health Authorities, and

(c) omit the entry for Primary Care Trusts.

Children Act 2004 (c. 31)Children Act 2004 (c. 31)

123 The Children Act 2004 is amended as follows.

124 15In section 10 (co-operation to improve wellbeing), in subsection (4)—

(a) after paragraph (d) insert—

“(da) the National Health Service Commissioning Board;”,

(b) after paragraph (da) (as inserted by paragraph (a) above) insert—

“(db) any clinical commissioning group for an area any part
20of which falls within the area of the authority;”, and

(c) omit paragraph (e).

125 In section 11 (arrangements to safeguard and promote welfare), in
subsection (1)—

(a) after paragraph (b) insert—

“(ba) 25the National Health Service Commissioning Board;”

(b) after paragraph (ba) (as inserted by paragraph (a) above) insert—

“(bb) a clinical commissioning group;”,

(c) omit paragraph (c), and

(d) omit paragraph (e).

126 30In section 12A (establishment of children’s trust boards), after subsection (7)
at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.

127 In section 13 (establishment of Local Safeguarding Children Boards), in
subsection (3)—

(a) after paragraph (d) insert—

“(da) 35the National Health Service Commissioning Board;”,

(b) after paragraph (da) insert—

“(db) any clinical commissioning group for an area any part
of which falls within the area of the authority;”, and

(c) omit paragraph (e).

40Civil Contingencies Act 2004 (c. 36)Civil Contingencies Act 2004 (c. 36)

128 (1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2
responders) is amended as follows.

(2) In Part 1 (which contains the general list of Category 1 responders)—

(a) after the cross-heading “Health” insert—

“4A The National Health Service Commissioning Board.”, and

(b) omit paragraph 7.

(3) 5In Part 3 (which contains the general list of Category 2 responders)—

(a) after the cross-heading “Health” insert—

“29ZA A clinical commissioning group established under section
14D of the National Health Service Act 2006.”, and

(b) omit paragraph 29A.

10Mental Capacity Act 2005 (c. 9)Mental Capacity Act 2005 (c. 9)

129 The Mental Capacity Act 2005 is amended as follows.

130 In section 35 (appointment of independent mental capacity advocates)—

(a) in subsection (1), for “appropriate authority” substitute “responsible
authority”,

(b) 15in subsection (4), for “appropriate authority” substitute “responsible
authority”, and

(c) after subsection (6) insert—

“(6A) In subsections (1) and (4), “the responsible authority”
means—

(a) 20in relation to the provision of the services of
independent mental capacity advocates in the area of
a local authority in England, that local authority, and

(b) in relation to the provision of the services of
independent mental capacity advocates in Wales, the
25Welsh Ministers.

(6B) In subsection (6A)(a), “local authority” has the meaning
given in section 64(1) except that it does not include the
council of a county or county borough in Wales.”

131 In section 64 (interpretation), in subsection (1) in the definition of “local
30authority”, after “except in” insert “section 35(6A)(a) and”.

132 (1) Schedule A1 (hospital and care home residents: deprivation of liberty) is
amended as follows.

(2) In paragraph 176 (meaning of “managing authority”), in sub-paragraph
(1)—

(a) 35in paragraph (a) omit “Primary Care Trust,”,

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

(c) after that paragraph insert—

“(aa) in relation to England, if the hospital falls within
paragraph (a)(i) or (ii) and no Special Health
40Authority has responsibility for its administration,
the Secretary of State;”, and

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

(3) In paragraph 180 (supervisory bodies: hospitals in England)—

(a) for sub-paragraph (2) substitute—

“(2) If the relevant person is ordinarily resident in the area of a
local authority in England, the supervisory body are that
local authority.”,

(b) 5in sub-paragraph (3), after “If” insert “the relevant person is not
ordinarily resident in England and”,

(c) in sub-paragraph (4), for “the Primary Care Trust” substitute “the
local authority”,

(d) after sub-paragraph (4) insert—

“(4A) 10Local authority” means—

(a) the council of a county;

(b) the council of a district for which there is no county
council;

(c) the council of a London borough;

(d) 15the Common Council of the City of London;

(e) the Council of the Isles of Scilly.”, and

(e) in sub-paragraph (5), for “Primary Care Trusts” substitute “local
authorities”.

(4) In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-
20paragraph (3) substitute—

“(3) But if the relevant person is ordinarily resident in the area of a
local authority in England, the supervisory body are that local
authority.

(4) “Local authority” means—

(a) 25the council of a county;

(b) the council of a district for which there is no county
council;

(c) the council of a London borough;

(d) the Common Council of the City of London;

(e) 30the Council of the Isles of Scilly.”

(5) Before paragraph 183 insert the following heading—

“Supervisory bodies: determination of place of ordinary residence”.

(6) In that paragraph—

(a) in sub-paragraph (1), for “paragraph” substitute “paragraphs 180,
35181 and”, and

(b) in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to
any determination of where a person is ordinarily resident for the
purposes of paragraph 182”.

Childcare Act 2006 (c. 21)Childcare Act 2006 (c. 21)

133 40In section 4 of the Childcare Act 2006 (duty of local authority and relevant
partners to work together), in subsection (1)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;”,
and”

(b) in paragraph (a)—

(i) at the beginning insert “a clinical commissioning group”,

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

(iii) omit “or Primary Care Trust”.

5Emergency Workers (Obstruction) Act 2006 (c. 39)Emergency Workers (Obstruction) Act 2006 (c. 39)

134 In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing
emergency workers)—

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

(i) after “Wales,” insert “the Secretary of State in the exercise of
10public health functions, a local authority in the exercise of
public health functions, the National Health Service
Commissioning Board, a clinical commissioning group,”,
and

(ii) omit “, Primary Care Trust”, and

(b) 15after that subsection insert—

“(6) In subsection (5)(a) above “public health functions”—

(a) in relation to the Secretary of State, has the same
meaning as in section 1G(5)(a) of the National Health
Service Act 2006;

(b) 20in relation to a local authority, has the same meaning
as in section 1G(5)(b) of that Act.”

National Health Service (Consequential Provisions) Act 2006 (c. 43)National Health Service (Consequential Provisions) Act 2006 (c. 43)

135 In Schedule 1 to the National Health Service (Consequential Provisions) Act
2006—

(a) 25omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b),
54(b), 90(e), 112(a), 125(c), 141(a), 170(b), 179(b)(iv), 180(c), 211(d),
228(a), 233(c), 234(c), 271(c) and 294 (which make amendments
relating to Primary Care Trusts), and

(b) omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a),
30228(c), 233(a), 234(a) and 271(e) (which make amendments relating to
Strategic Health Authorities).

NHS Redress Act 2006 (c. 44)NHS Redress Act 2006 (c. 44)

136 The NHS Redress Act 2006 is amended as follows.

137 In section 1, in subsection (3)—

(a) 35after paragraph (a) insert—

“(aa) the National Health Service Commissioning Board,

(ab) a clinical commissioning group,”,

(b) omit paragraph (b),

(c) omit paragraph (c), and

(d) 40in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.

138 In section 18 (interpretation), in subsection (1) omit the definition of
“designated Strategic Health Authority”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)Safeguarding Vulnerable Groups Act 2006 (c. 47)

139 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

140 In section 6 (regulated activity providers)—

(a) omit subsection (8D), and

(b) 5before subsection (9) insert—

“(8E) The National Health Service Commissioning Board or a
clinical commissioning group does not make arrangements
for another to engage in a regulated activity by virtue of
anything the Board or the clinical commissioning group does
10under section 12A or 12D, or regulations under 12B, of the
National Health Service Act 2006 (direct payments for health
services).”

141 In section 17 (NHS employment) in subsection (3)—

(a) before paragraph (a) insert—

“(za) 15the National Health Service Commissioning Board;

(zb) a clinical commissioning group;”,

(b) omit paragraph (b), and

(c) omit paragraph (f).

142 (1) Section 21 (controlled activity relating to children) is amended as follows.

(2) 20In subsection (5)(a), omit “, or regulations under section 12A(4),”.

(3) In subsection (8)(aa), omit “, or under regulations under section 12A(4),”.

143 In section 22 (controlled activity relating to vulnerable adults), in subsection
(6) in the definition of “hospital services” omit paragraph (d).

144 In section 59 (vulnerable adults), in subsection (1)(ia), omit “, or under
25regulations under section 12A(4),”.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)2007 (c. 19)

145 In section 6 of the Corporate Manslaughter and Corporate Homicide Act
2007 (emergencies), in subsection (7) in the definition of “relevant NHS
body”—

(a) 30before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;”,
and”

(b) in paragraph (a)—

(i) at the beginning insert “a clinical commissioning group,”

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

(iii) omit “Primary Care Trust,”.

Local Government and Public Involvement in Health Act 2007 (c. 28)Local Government and Public Involvement in Health Act 2007 (c. 28)

146 The Local Government and Public Involvement in Health Act 2007 is
amended as follows.

147 (1) 40Section 222 (arrangements relating to local care services) is amended as
follows.

(2) In subsection (3)—

(a) after paragraph (c) insert “or

(ca) a clinical commissioning group.”,

(b) omit paragraph (d), and

(c) 5omit paragraph (e) and the preceding “or”.

(3) After that subsection insert—

“(3A) The arrangements must not be made with the National Health
Service Commissioning Board.”

148 In section 224 (duties of services-providers to respond to local involvement
10networks)—

(a) for “services-provider”, in each place it appears, substitute
“responsible person”,

(b) in subsection (2), before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;

(zb) 15a clinical commissioning group;”,

(c) in subsection (2), omit paragraph (c), and

(d) in the title, for “services-providers” substitute “responsible persons”.

149 In section 225 (duties of services-providers to allow entry by local
involvement networks), in subsection (7), omit paragraph (c).

150 20In section 227 (annual reports), in subsection (4)(b)—

(a) omit “each Primary Care Trust,”,

(b) omit “and”,

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

(d) omit the words from “any” to the end.

25Criminal Justice and Immigration Act 2008 (c. 4)Criminal Justice and Immigration Act 2008 (c. 4)

151 In section 119 of the Criminal Justice and Immigration Act 2008 (offence of
causing nuisance or disturbance on NHS premises), in subsection (4) in the
definition of “relevant English NHS body”, omit paragraph (b).

Health and Social Care Act 2008 (c. 14)2008 (c. 14)

152 30The Health and Social Care Act 2008 is amended as follows.

153 In section 30 (urgent procedure for cancellation), in subsection (3)—

(a) before paragraph (a) insert—

“(za) in any case where regulations so provide, to the
National Health Service Commissioning Board,”,

(b) 35in paragraph (a)—

(i) at the beginning insert “in any case where regulations so
provide,”,

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

(iii) omit “Primary Care Trust”, and

(c) 40omit paragraph (b).

154 In section 39 (bodies required to be notified of certain matters), in subsection
(1)—