Health and Social Care Bill (HL Bill 119)
SCHEDULE 22 continued
Contents page 340-349 350-359 360-369 370-379 380-389 390-399 400-409 410-419 420-429 430-439 440-442 Last page
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 |