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Health and Social Care Bill


Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 2 — NHS Bodies

304

 

(b)   

in paragraph (b) for “a Primary Care Trust with respect to the

provision of” substitute “the Board, a clinical commissioning group

or a local authority with respect to the arrangement for the provision

of”.

12         

In section 12C (direct payments pilot schemes), in subsection (9), for “the

5

powers conferred by section 12A(1) or by regulations under section 12A(4)”

substitute “the power conferred by section 12A(1)”.

13         

In section 12D (arrangements with other bodies relating to direct

payments)—

(a)   

in subsection (1) after “the Secretary of State” insert “, the Board, a

10

clinical commissioning group or a local authority”, and

(b)   

in subsection (3) after “the Secretary of State” insert “, the Board, a

clinical commissioning group or a local authority”.

Part 2

NHS Bodies

15

14         

In section 28 (special health authorities), omit subsection (6).

15         

In section 29 (exercise of Special Health Authority functions), in subsection

(2)(a)—

(a)   

omit “, section 14”, and

(b)   

omit “, section 19”.

20

16         

Omit Chapter 5B of Part 2 (trust special administrators: Primary Care

Trusts).

17         

In section 67 (effect of intervention orders), in subsection (1)—

(a)   

in paragraph (a)—

(i)   

omit “Strategic Health Authority,” and

25

(ii)   

omit “Primary Care Trust,” and

(b)   

in paragraph (b)—

(i)   

omit “Strategic Health Authority,” and

(ii)   

omit “Primary Care Trust,”.

18         

In section 70 (transfer of residual liabilities)—

30

(a)   

in subsection (1)—

(i)   

omit “a Strategic Health Authority,”, and

(ii)   

omit “a Primary Care Trust,”, and

(b)   

in the heading, at the end insert “of certain health service bodies”.

19    (1)  

Section 71 (schemes for meeting losses and liabilities in respect of certain

35

health service bodies) is amended as follows.

      (2)  

In subsection (2)—

(a)   

after “are—” insert—

“(za)   

the Board,

(zb)   

clinical commissioning groups,”,

40

(b)   

omit paragraph (a),

(c)   

omit paragraph (b),

(d)   

after paragraph (h) (and before the “and” immediately following it)

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 2 — NHS Bodies

305

 

insert—

“(ha)   

a company formed under section 223 and wholly or

partly owned by the Secretary of State or the Board,

(hb)   

a subsidiary of a company which is formed under that

section and wholly owned by the Secretary of State,”,

5

and

(e)   

in paragraph (i)—

(i)   

for “paragraphs (a) to (h)”, in the first place where it occurs,

substitute “paragraphs (za) to (hb)”, and

(ii)   

for “paragraphs (a) to (h)”, in the second place where it

10

occurs, substitute “paragraphs (za) to (h)”.

      (3)  

In subsection (2A)—

(a)   

after paragraph (a) insert—

“(ab)   

in relation to a company within paragraph (ha) or (hb)

of subsection (2), means the company’s activities in

15

providing facilities or services to any person or

body;”, and

(b)   

in paragraph (b) for “paragraphs (a) to (h)” substitute “paragraphs

(za) to (h)”.

      (4)  

In subsection (3)(a)—

20

(a)   

after “the Secretary of State” insert “or the Board”,

(b)   

omit “Strategic Health Authority,”, and

(c)   

omit “Primary Care Trust,”.

      (5)  

In subsection (5), for “(a) to (d),” substitute “(c), (d),”.

      (6)  

In subsection (6)—

25

(a)   

after “the Secretary of State,” insert “the Board or”,

(b)   

omit “Strategic Health Authority,” and

(c)   

omit “Primary Care Trust,”.

20         

In section 73 (directions and regulations), in subsection (1) omit paragraphs

(c) to (f).

30

21         

Omit Schedule 2.

22         

Omit Schedule 3.

23    (1)  

Schedule 4 (NHS trusts) is amended as follows.

      (2)  

In paragraph (5)(1)(f), omit “Primary Care Trusts,”.

      (3)  

In paragraph 6—

35

(a)   

in sub-paragraph (1) —

(i)   

omit “Strategic Health Authority,” and

(ii)   

omit “, Primary Care Trust”, and

(b)   

in sub-paragraph (2) —

(i)   

omit “Strategic Health Authority,” and

40

(ii)   

omit “, Primary Care Trust”.

      (4)  

In paragraph 7(3), omit “Strategic Health Authority,”.

      (5)  

In paragraph 8—

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 2 — NHS Bodies

306

 

(a)   

in sub-paragraph (1), omit “, Primary Care Trust” (in each place

where it occurs), and

(b)   

in sub-paragraph (4), omit “, Primary Care Trust”,

(c)   

in sub-paragraph (5), omit “, Primary Care Trust” (in each place

where it occurs),

5

(d)   

in sub-paragraph (6)(b), omit “, Primary Care Trust”, and

(e)   

in sub-paragraph (9)(b), omit “, Primary Care Trust”.

      (6)  

In paragraph 9—

(a)   

in sub-paragraph (1)—

(i)   

omit “a Strategic Health Authority,”, and

10

(ii)   

omit “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)—

15

(i)   

omit “a Strategic Health Authority,”, and

(ii)   

omit “, a Primary Care Trust,”,

(d)   

in sub-paragraph (7)—

(i)   

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

(ii)   

in that paragraph omit “or belong to a Primary Care Trust”,

20

and

(iii)   

in the words following paragraph (b)—

(a)   

omit “Strategic Health Authority,”, and

(b)   

omit “Primary Care Trust,”.

      (7)  

In paragraph 15, omit sub-paragraphs (2) and (3).

25

      (8)  

In paragraph 18—

(a)   

omit “Strategic Health Authority,” and

(b)   

omit “Primary Care Trust,”.

      (9)  

In paragraph 29, in sub-paragraph (3) omit “Strategic Health Authority,”.

     (10)  

In paragraph 30, in sub-paragraph (1)—

30

(a)   

omit “Strategic Health Authority,” and

(b)   

omit “Primary Care Trust,”.

24    (1)  

Schedule 6 (special health authorities established under section 28) is

amended as follows.

      (2)  

In paragraph 3(8)—

35

(a)   

for “to a Strategic Health Authority” substitute “to the Board”, and

(b)   

for “a Strategic Health Authority” substitute “the Board”.

      (3)  

In paragraph 3(12)—

(a)   

in paragraph (a) for “of a Strategic Health Authority” substitute “of

the Board”, and

40

(b)   

in paragraph (b) omit “or by a Strategic Health Authority”.

      (4)  

In paragraph 13 for “a Strategic Health Authority” substitute “the Board”.

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 3 — Local authorities

307

 

Part 3

Local authorities

25         

In section 74 (supply of goods and services by local authorities), in

subsection (1)(a)—

(a)   

at the beginning insert “the Board and”,

5

(b)   

after “any” insert “clinical commissioning group or,”,

(c)   

omit “Strategic Health Authority,” and

(d)   

omit “or Primary Care Trust”.

26         

In section 76 (power of local authorities to make payments), in subsection

(1)—

10

(a)   

after the first “to” insert “the Board, a clinical commissioning group”,

(b)   

omit “a Strategic Health Authority,” and

(c)   

omit “a Primary Care Trust”.

27         

In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit “a

Primary Care Trust or”.

15

28         

In section 78 (directed partnership agreements), in subsection (3)—

(a)   

omit paragraph (a), and

(b)   

omit paragraph (b).

29    (1)  

Section 80 (supply of goods and services by the Secretary of State) is

amended as follows.

20

      (2)  

In subsection (1)—

(a)   

after “The Secretary of State” insert “, the Board or a clinical

commissioning group”, and

(b)   

in paragraph (b) for “he” substitute “the Secretary of State”.

      (3)  

In subsection (3)—

25

(a)   

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

(b)   

in paragraph (b)—

(i)   

omit “a Strategic Health Authority,” and

(ii)   

omit “a Primary Care Trust,”.

      (4)  

After subsection (3) insert—

30

“(3A)   

The Board or a clinical commissioning group may make available to

persons falling within subsection (1)—

(a)   

any facilities the provision of which is arranged by the Board

or (as the case may be) the clinical commissioning group

under this Act (including by virtue of section 7A),

35

(b)   

any facilities of the Board or (as the case may be) the group,

and

(c)   

the services of persons employed by the Board or (as the case

may be) the group.”

      (5)  

In subsection (4) after “carry out” insert “, and the Board or a clinical

40

commissioning group may arrange for the carrying out of,”.

      (6)  

In subsection (5), for “The Secretary of State” substitute “The Board”.

      (7)  

In subsection (6)—

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 3 — Local authorities

308

 

(a)   

in paragraph (a), after “provided” insert “by the Secretary of State”,

(b)   

in paragraph (b)—

(i)   

omit “a Strategic Health Authority,” and

(ii)   

omit “a Primary Care Trust,” and

(c)   

in paragraph (c)—

5

(i)   

omit “a Strategic Health Authority,” and

(ii)   

omit “a Primary Care Trust,”.

      (8)  

After subsection (6) insert—

“(6A)   

The Board and each clinical commissioning group must make

available to local authorities—

10

(a)   

any services (other than the services of any person) or other

facilities the provision of which is arranged by the Board or

(as the case may be) the clinical commissioning group under

this Act,

(b)   

the services of persons employed by the Board or (as the case

15

may be) the group, and

(c)   

any facilities of the Board or (as the case may be) the group,

   

so far as is reasonably necessary and practicable to enable local

authorities to discharge their functions relating to social services,

education and public health.”

20

      (9)  

In subsection (7)—

(a)   

for “The Secretary of State” substitute “The Board”,

(b)   

at the end of paragraph (c) insert “or”, and

(c)   

omit paragraph (e) and the word “or” immediately preceding it.

     (10)  

After that subsection insert—

25

“(8)   

The Secretary of State may arrange to make available to local

authorities the services of persons providing Special Health

Authorities or Local Health Boards with services of a kind provided

as part of the health service, so far as is reasonably necessary and

practicable to enable local authorities to discharge their functions

30

relating to social services, education and public health.

(9)   

The Board or a clinical commissioning group may arrange to make

available to local authorities the services of persons providing

services pursuant to arrangements made under this Act by the Board

or (as the case may be) the clinical commissioning group, so far as is

35

reasonably necessary and practicable to enable local authorities to

discharge their functions relating to social services, education and

public health.

(10)   

The reference in subsection (9) to arrangements made by the Board

or (as the case may be) a clinical commissioning group includes a

40

reference to arrangements so made by virtue of section 7A.”

     (11)  

In the title to section 80, after “Secretary of State” insert “, the Board and

clinical commissioning groups”.

     (12)  

Until the commencement of section 34, subsection (8) of section 80 of the

National Health Service Act 2006 (as inserted by sub-paragraph (10)) has

45

effect as if after “Special Health Authorities” there were inserted “, Primary

Care Trusts”.

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 4 — Medical services

309

 

30    (1)  

Section 81 (conditions of supply under section 80) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for the words from the beginning to “that section” substitute “Before

a person makes the services of any officer available under section

80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must”,

5

(b)   

in paragraph (a) for “the Secretary of State” substitute “the person”,

and

(c)   

in paragraph (b) at the beginning insert “where the person is the

Secretary of State and is not the officer’s employer,”.

      (3)  

In subsection (2)—

10

(a)   

for “The Secretary of State” substitute “The person concerned”, and

(b)   

for “he” substitute “it”.

      (4)  

In subsection (3)—

(a)   

omit “Strategic Health Authorities,”, and

(b)   

omit “Primary Care Trusts,”.

15

      (5)  

In subsection (4) for “the Secretary of State” substitute “the person who

makes the services available”.

      (6)  

In subsection (5) —

(a)   

for the words from the beginning to “section 80(6)” substitute “A

person who makes services or facilities available under section 80(6)

20

or (6A) may make such charges in respect of them”, and

(b)   

for “the Secretary of State” substitute “the person”.

Part 4

Medical services

31    (1)  

Section 83 (duty relating to primary medical services) is amended as follows.

25

      (2)  

For subsections (1) and (2) substitute—

“(1)   

The Board must, to the extent that it considers necessary to meet all

reasonable requirements, exercise its powers so as to secure the

provision of primary medical services throughout England.

(2)   

The Board may (in addition to any other power conferred on it) make

30

such arrangements for the provision of primary medical services as

it considers appropriate; and it may, in particular, make contractual

arrangements with any person.

(2A)   

Arrangements made for the purposes of subsection (1) or (2) may

include arrangements for the performance of a service outside

35

England.”

      (3)  

In subsection (3) of that section, for “Each Primary Care Trust” substitute

“The Board”.

      (4)  

Omit subsection (4).

      (5)  

For the cross-heading preceding that section substitute “Duty of the Board

40

in relation to primary medical services”.

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 4 — Medical services

310

 

32    (1)  

Section 84 (general medical services contracts: introductory) is amended as

follows.

      (2)  

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

      (3)  

In subsections (3) and (5), for “the Primary Care Trust” substitute “the

Board”.

5

      (4)  

In subsection (4), for paragraph (b) substitute—

“(b)   

services to be performed outside England.”

33         

In section 86 (persons eligible to enter into general medical services

contracts), in subsection (1), for “A Primary Care Trust” substitute “The

Board”.

10

34         

In section 87 (general medical services contracts: payments), in subsection

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

35    (1)  

In section 89 (general medical services contracts: required terms), in

subsection (4)(a), for “a Primary Care Trust” substitute “the Board”.

      (2)  

The variations to contract terms that may be imposed by virtue of subsection

15

(2)(d) of that section include, in particular, variations in consequence of the

establishment of clinical commissioning groups.

36    (1)  

Section 91 (persons performing primary medical services) is amended as

follows.

      (2)  

In the following provisions, for “a Primary Care Trust” substitute “the

20

Board”—

(a)   

subsection (1), in each place it occurs,

(b)   

subsection (3)(j),

(c)   

subsection (4)(a), (b) and (d), and

(d)   

subsection (6)(a) and (b).

25

      (3)  

In subsection (2), for paragraph (b) substitute—

“(b)   

the Board is responsible for a medical service if it secures its

provision by or under any enactment.”

      (4)  

In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

37    (1)  

Section 92 (arrangements by Strategic Health Authorities for the provision

30

of primary medical services) is amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

The Board may make agreements, other than arrangements pursuant

to section 83(2) or general medical services contracts, under which

primary medical services are provided.”

35

      (3)  

Omit subsection (6).

      (4)  

Omit subsection (7).

      (5)  

For the title to that section substitute “Arrangements by the Board for the

provision of primary medical services”.

      (6)  

The provision which may be made by virtue of section 304(10)(a) of this Act

40

in an order under section 306 of this Act providing for the commencement

of this paragraph includes, in particular, provision enabling the National

 
 

 
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