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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 10 — Property and finance

325

 

of the public health functions of the Secretary of State or a local

authority.”

106   (1)  

Section 197 (notice requiring production of documents) is amended as

follows.

      (2)  

In subsection (1)(a) after “health service provider” insert “, public health

5

service contractor”.

      (3)  

In subsection (3)(d) after “health service provider” insert “, public health

service contractor”.

107        

In section 201 (disclosure of information), in subsection (3)(a) for “any of the

Secretary of State’s functions” substitute “any of the functions of the

10

Secretary of State, the Board, a clinical commissioning group or a local

authority”.

108   (1)  

Section 210 (interpretation of Part 10) is amended as follows.

      (2)  

In subsection (1) after “health service provider” insert “, “public health

service contractor””.

15

      (3)  

In subsection (2)(a)—

(a)   

after “in relation to” insert “the Secretary of State, local authorities,”,

and

(b)   

after “health service providers” insert “, public health service

contractors”.

20

Part 10

Property and finance

109   (1)  

Section 211 (acquisition, use and maintenance of property) is amended as

follows.

      (2)  

In subsection (4) for “A local social services authority” substitute “A local

25

authority”.

      (3)  

After that subsection insert—

“(4A)   

In subsection (4), “local authority” has the same meaning as in

section 2B.”

110        

In section 213 (transfers of trust property), in subsection (2)(c)—

30

(a)   

after “for” insert “the Board or a clinical commissioning group,”, and

(b)   

omit “a Primary Care Trust,.”

111   (1)  

Section 214 (transfer of functions and property to or from special trustees) is

amended as follows.

      (2)  

In subsection (1)—

35

(a)   

after the first “by” insert “the Board, a clinical commissioning

group,”, and

(b)   

omit “a Primary Care trust,”.

      (3)  

In subsection (3)(a)—

(a)   

after “for” insert “the Board or a clinical commissioning group,”, and

40

(b)   

omit “a Primary Care Trust,”.

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 10 — Property and finance

326

 

112   (1)  

Section 215 (trustees and property under section 222) is amended as follows.

      (2)  

Omit subsection (2)(b) and the preceding “and”.

      (3)  

In subsection (3)—

(a)   

before paragraph (a) insert—

“(za)   

on trust for any purposes of the Board for which

5

trustees have been appointed under paragraph 11 of

Schedule A1,

(zb)   

on trust for any purposes of the clinical

commissioning group for which trustees have been

appointed under paragraph 15 of Schedule 1A,”, and

10

(b)   

omit paragraph (a).

      (4)  

In subsection (4)—

(a)   

after the second “and” insert “the Board, clinical commissioning

group,”,

(b)   

omit “the Primary Care Trust,” (in each place it occurs), and

15

(c)   

after the second “by” insert “the Board, clinical commissioning

group,”.

113        

In section 216 (application of trust property: further provisions), in

subsection (3), after “or 214” insert “of this Act or section 300 or 302 of the

Health and Social Care Act 2012”.

20

114        

In section 217 (trusts: supplementary provisions), in subsection (1)—

(a)   

after paragraph (e) insert—

“(ea)   

paragraph 11 of Schedule A1,

(eb)   

paragraph 15 of Schedule 1A,”,

(b)   

omit paragraph (f), and

25

(c)   

omit paragraph (g).

115        

In section 218 (private trusts for hospitals), in subsection (4)—

(a)   

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

(b)   

in paragraph (c) omit “or Primary Care Trust” (in both places where

it occurs), and

30

(c)   

for paragraph (d) substitute —

“(d)   

in any other case—

(i)   

where the hospital is vested in the Secretary of

State, the Special Health Authority exercising

functions of the Secretary of State in respect of

35

it or, where there is no such Special Health

Authority, the Secretary of State,

(ii)   

where the Welsh Ministers have functions in

respect of the hospital, the Special Health

Authority or Local Health Board exercising

40

those functions.”

116        

In section 220 (trust property previously held for general hospital purposes),

in subsection (2), after “or 214” insert “of this Act or section 300 or 302 of the

Health and Social Care Act 2012”.

117   (1)  

Section 222 (power to raise money) is amended as follows.

45

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 10 — Property and finance

327

 

      (2)  

In subsection (3) for “the Secretary of State” substitute “the appropriate

authority”.

      (3)  

After subsection (3) insert—

“(3A)   

In subsection (3) “appropriate authority” means—

(a)   

in relation to a clinical commissioning group, the Board, and

5

(b)   

in relation to any other body to which this section applies, the

Secretary of State.”

      (4)  

In subsection (9), for “section 224 or 226” substitute “section 225”.

118   (1)  

In section 223 (formation of companies), in each of subsections (1), (2) and (5)

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

10

      (2)  

After that section insert—

“223A   

Application of section 223 to clinical commissioning groups

(1)   

Section 223 applies in relation to a clinical commissioning group as it

applies in relation to the Board.

(2)   

But the powers conferred by that section are exercisable by a clinical

15

commissioning group only for the purpose of securing

improvement—

(a)   

in the physical and mental health of the people for whom it

has responsibility for the purposes of section 3, or

(b)   

in the prevention, diagnosis and treatment of illness in such

20

people.”

119        

Omit section 224 (means of meeting expenditure of Strategic Health

Authorities).

120   (1)  

Section 226 (financial duties of Strategic Health Authorities and Special

Health Authorities) is amended as follows.

25

      (2)  

Omit subsection (1).

      (3)  

In subsection (3) —

(a)   

omit “Strategic Health Authority or”, and

(b)   

for “subsection (1) or (2)” substitute “subsection (2)”.

      (4)  

In subsection (4) omit “Strategic Health Authority or” (in each place where

30

it occurs).

      (5)  

In subsection (5) omit “Strategic Health Authority or”.

      (6)  

In subsection (6) omit “Strategic Health Authority or”.

      (7)  

In subsection (7)—

(a)   

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

35

(b)   

omit paragraph (b)(i) and the word “or” immediately following it,

and

(c)   

omit paragraph (c)(i) and the word “or” immediately following it,

and

(d)   

in the words following paragraph (c) omit “Strategic Health

40

Authority or”.

      (8)  

In the heading to the section, omit “Strategic Health Authorities and”.

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 10 — Property and finance

328

 

121   (1)  

Section 227 (resource limits for Strategic Health Authorities and Special

Health Authorities) is amended as follows.

      (2)  

In subsection (1), omit “Strategic Health Authority and each”.

      (3)  

In subsection (2)(b) omit “Strategic Health Authority or”.

      (4)  

In subsection (3) omit “Strategic Health Authority or”.

5

      (5)  

In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.

      (6)  

In the heading to the section, omit “Strategic Health Authorities and”.

122        

Omit sections 228 to 231 (funding of Primary Care Trusts etc).

123        

In section 234 (special arrangement as to payment of remuneration), omit

subsection (4).

10

124   (1)  

Section 236 (payment for medical examination before application for

admission to hospital under the Mental Health Act) is amended as follows.

      (2)  

In subsection (1), for “the Secretary of State” substitute “the prescribed

clinical commissioning group”.

      (3)  

In subsection (2)(b)—

15

(a)   

after “report made” insert “—

(i)   

”,

(b)   

omit “a Primary Care Trust,”,

(c)   

before “NHS trust” insert “an”, and

(d)   

at the end insert “, or

20

(ii)   

pursuant to arrangements made by the

National Health Service Commissioning

Board or a clinical commissioning group, or

(iii)   

pursuant to arrangements made in the

exercise (by any person) of the public health

25

functions of the Secretary of State or a local

authority.”

125        

Omit Schedule 14 (further provision about expenditure of Primary Care

Trusts).

126   (1)  

Schedule 15 (accounts and audits) is amended as follows.

30

      (2)  

In paragraph 1(1)—

(a)   

omit paragraph (a),

(b)   

omit paragraph (c), and

(c)   

omit paragraph (g).

      (3)  

In paragraph 5, omit sub-paragraph (2).

35

      (4)  

Omit paragraph 7.

      (5)  

In paragraph 8(3) omit “or 7”.

      (6)  

Omit paragraph 9.

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 12 — Miscellaneous

329

 

Part 11

Public involvement and scrutiny

127   (1)  

Section 242 (public involvement and consultation) is amended as follows.

      (2)  

In subsection (1A)—

(a)   

omit paragraph (a), and

5

(b)   

omit paragraph (b).

      (3)  

Omit subsections (4) and (5).

128        

Omit sections 242A and 242B (duties of Strategic Health Authorities in

relation to involvement of users).

129        

In section 246 (overview and scrutiny committees: exempt information), in

10

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

Part 12

Miscellaneous

130        

After section 254 insert—

“Support functions of the Secretary of State

15

254A    

Support functions of the Secretary of State

(1)   

The Secretary of State may, for the purpose of assisting any person

exercising functions in relation to the health service or providing

services for its purposes—

(a)   

provide (or otherwise make available) to the person goods,

20

materials or other facilities;

(b)   

facilitate the recruitment and management of the person’s

staff;

(c)   

develop or operate information or communication systems;

(d)   

do such other things to facilitate or support the carrying out

25

of the person’s functions or other activities as the Secretary of

State considers appropriate;

(e)   

arrange for any other person to do anything mentioned in

paragraphs (a) to (d) or to assist the Secretary of State in

doing any such thing.

30

(2)   

The power conferred by subsection (1)(a) includes power to

purchase goods and materials for the purpose of providing them or

making them available.

(3)   

The Secretary of State may, in connection with anything done under

subsection (1), make available the services of any person employed

35

by the Secretary of State.

(4)   

The powers conferred by this section may be exercised on such

terms, including terms as to the making of payments to or by the

Secretary of State, as may be agreed.

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 12 — Miscellaneous

330

 

(5)   

In this section, “the health service” does not include that part of the

health service that is provided in pursuance of the public health

functions of the Secretary of State or local authorities.”

131   (1)  

Section 256 (power of Primary Care Trusts to make payments towards

expenditure on community services) is amended as follows.

5

      (2)  

In subsection (1) for “A Primary Care Trust” substitute “The Board or a

clinical commissioning group”.

      (3)  

In subsection (3)—

(a)   

for “A Primary Care Trust” substitute “The Board or a clinical

commissioning group”, and

10

(b)   

for “the Primary Care Trust” substitute “the Board or (as the case

may be) the clinical commissioning group”.

      (4)  

After subsection (5) insert—

“(5A)   

The Secretary of State may by directions to the Board specify the

minimum amount which the Board must spend in a financial year in

15

making payments under—

(a)   

this section;

(b)   

subsection (1) of this section;

(c)   

subsection (3) of this section.

(5B)   

The Secretary of State may by directions to the Board specify—

20

(a)   

a body or description of bodies to whom payments under

subsection (1) or (3), or under either or both of those

subsections, must be made by the Board in a financial year;

(b)   

functions or activities, or descriptions of functions or

activities, in respect of which such payments must be made

25

by the Board in a financial year;

(c)   

the minimum amount that the Board must spend in a

financial year in making such payments—

(i)   

to a body or description of bodies specified in relation

to the year under paragraph (a);

30

(ii)   

in respect of functions or activities, or descriptions of

functions or activities, specified in relation to the year

under paragraph (b);

(iii)   

to a body or description of bodies specified in relation

to the year under paragraph (a) in respect of functions

35

or activities or descriptions of functions or activities

so specified under paragraph (b).”

132        

In 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”.

40

133   (1)  

Section 258 (university clinical teaching and research) is amended as

follows.

      (2)  

In 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

45

State, the Board and each clinical commissioning group must be

exercised”, and

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 12 — Miscellaneous

331

 

(b)   

for “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,”,

5

(c)   

omit “Strategic Health Authority,”, and

(d)   

omit “Primary Care Trust,”.

134   (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)”.

10

      (3)  

After 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-

15

paragraph (2) of which replaces section 83(2)).”

      (4)  

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

(a)   

after ““relevant area”” insert “—

(a)   

”, and

(b)   

at the end insert “;

20

(b)   

in 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).”

25

135        

Omit section 268 (persons displaced by health service development), and the

cross-heading which precedes it.

136        

In section 271 (territorial limit of exercise of functions), in the words in

brackets in subsection (3)(a), after “directions to” insert “certain”.

137        

After section 271 insert—

30

“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)   

Schedule 1 to the Registered Designs Act 1949 (provisions as

to the use of registered designs for the services of the Crown

35

etc.), and

(b)   

sections 55 to 59 of the Patents Act 1977 (use of patented

inventions for the services of the Crown).

(2)   

This section applies to services provided in pursuance of—

(a)   

the functions of the Board or a clinical commissioning group

40

under section 3, 3A, 3B or 4 or Schedule 1, or

(b)   

the public health functions of a local authority.”

138   (1)  

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

      (2)  

In subsection (3)—

 
 

 
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