Health and Social Care Bill (HL Bill 119)

Health and Social Care BillPage 440

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

(b) omit “a Primary Care Trust,”.

36 In section 181 (payment for medical examination before application for
5admission to hospital under the Mental Health Act), in subsection (2)(b)—

(a) omit “a Primary Care Trust,”, and

(b) before “NHS trust” insert “an”.

37 In section 197 (university clinical teaching and research), in subsection
(2)(a)—

(a) 10after “exercisable by” insert “the National Health Service
Commissioning Board,”,

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

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

(d) omit “Primary Care Trust,”.

38 (1) 15In section 206 (interpretation), in subsection (1)—

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

  • “clinical commissioning group” means a body
    established under section 14D of the National Health
    Service Act 2006,,

(b) 20after the definition of “modifications” insert—

  • NHS body” means—

    (a)

    a Special Health Authority,

    (b)

    an NHS trust,

    (c)

    an NHS foundation trust,

    (d)

    25a Local Health Board,

    (e)

    the National Health Service Commissioning
    Board, and

    (f)

    a clinical commissioning group.

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

(d) 30omit the definition of “Strategic Health Authority”.

(2) Until the commencement of section 33 of this Act, the definition of “NHS
body” in section 206(1) of the National Health Service (Wales) Act 2006 has
effect as if it included a reference to a Primary Care Trust.

39 In Schedule 2 (Local Health Boards), in paragraph 9—

(a) 35omit “Strategic Health Authorities and”,

(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”.

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

(2) 40In 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”.

Health and Social Care BillPage 441

(5) In 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) 5omit “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) 10omit “a Strategic Health Authority,”, and

(ii) omit “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) 15omit “Primary Care Trust,”.

(7) In paragraph 18—

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

(b) omit “Primary Care Trust,”.

(8) In paragraph 30—

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

(b) omit “Primary Care Trust,”.

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

(2) In paragraph 3—

in sub-paragraph (8)—

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

(ii) omit “, 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) 30in sub-paragraph (12)—

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

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

(2) 35In 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) omit paragraph (b), and

(b) 40omit paragraph (c).

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

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

Health and Social Care BillPage 442

(2) In paragraph (2)—

(a) in sub-paragraph (g)—

(i) omit paragraph (i),

(ii) omit paragraph (ii), and

(iii) 5omit paragraph (iii),

(b) after 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) 10Special Health Authorities established under section
28 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
15that Act;

(gf) NHS 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) 20Healthcare Improvement Scotland,,

(e) omit 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) 25In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub-
paragraphs (g) to (gf), (h), (ha), (ia), (ib) and (j) of paragraph (2)”.

Section 296(2)

SCHEDULE 23 Property transfer schemes

Transferor Permitted transferees
A Primary Care Trust 30The Secretary of State
The National Health Service
Commissioning Board
A clinical commissioning group
A local authority
35The Care Quality Commission
Monitor
A Special Health Authority

Health and Social Care BillPage 443

Transferor Permitted transferees
Any public authority which provides
services as part of the health service in
England
5Any other person who provides
services as part of the health service in
England and consents to the transfer
A qualifying company
Any person with whom the Secretary of
10State has made, or has decided to make,
an agreement under section 12ZA(1) of
the Mental Health Act 1983
A Strategic Health Authority The Secretary of State
The National Health Service
15Commissioning Board
A clinical commissioning group
A local authority
The Care Quality Commission
Monitor
20A Special Health Authority
Any public authority which provides
services as part of the health service in
England
Any other person who provides
25services as part of the health service in
England and consents to the transfer
A qualifying company
Any person with whom the Secretary of
State has made, or has decided to make,
30an agreement under section 12ZA(1) of
the Mental Health Act 1983
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 231)
The Special Health Authority known as
the Health and Social Care Information
Centre
35The Health and Social Care Information
Centre (established under section 251)
The Special Health Authority known as
the National Health Service Institute for
Innovation and Improvement
The National Health Service
Commissioning Board
40

Health and Social Care BillPage 444

Transferor Permitted transferees
The Special Health Authority known as
the National Patient Safety Agency
The National Health Service
Commissioning Board
The Health and Social Care Information
5Centre (established under section 251)
The Appointments Commission A Minister of the Crown
A Special Health Authority
The General Social Care Council The Secretary of State
The Health and Care Professions
10Council
A 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
15State under that section
Any 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 20The National Health Service
Commissioning Board
A Special Health Authority
A qualifying company

Section 296(3)

SCHEDULE 24 25Staff transfer schemes

Transferor Permitted transferees
Any Primary Care Trust The Secretary of State
The National Health Service
Commissioning Board
30A clinical commissioning group
A local authority
The Care Quality Commission

Health and Social Care BillPage 445

Transferor Permitted transferees
A Special Health Authority
Any public authority which exercises
functions in relation to health and is
5prescribed in regulations
A qualifying company
Any person with whom the Secretary of
State has made, or has decided to make,
an agreement under section 12ZA(1) of
10the Mental Health Act 1983
Any Strategic Health Authority The Secretary of State
The National Health Service
Commissioning Board
A clinical commissioning group
15The Care Quality Commission
Monitor
A Special Health Authority
Any public authority which exercises
functions in relation to health and is
20prescribed in regulations
A qualifying company
Any person with whom the Secretary of
State has made, or has decided to make,
an agreement under section 12ZA(1) of
25the Mental Health Act 1983
The Special Health Authority known as
National Institute for Health and
Clinical Excellence
The National Institute for Health and
Care Excellence (established under
section 231)
The Special Health Authority known as
the Health and Social Care Information
Centre
The Health and Social Care Information
30Centre (established under section 251)
The Special Health Authority known as
the National Institute for Innovation
and Improvement
The National Health Service
Commissioning Board
The Special Health Authority known as
the National Patient Safety Agency
35The National Health Service
Commissioning Board
The Health and Social Care Information
Centre
The Appointments Commission A Minister of the Crown

Health and Social Care BillPage 446

Transferor Permitted transferees
A Special Health Authority
The General Social Care Council The Secretary of State
The Health and Care Professions
5Council
A 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
10State under that section
Any 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 15National Health Service Commissioning
Board
The Care Quality Commission
Monitor