Health and Social Care Bill

Session 2010 - 12
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 12 — Miscellaneous
332

(a)
omit paragraph (b), and
(b)
omit paragraph (d).
      (3)
In subsection (5)—
(a)
omit “a PCT order, or”, and
(b)
before paragraph (a) insert—
5
“(za)
section 14A(1),”.
139   (1)
Section 273 (further provision about orders and directions) is amended as
follows.
      (2)
In subsection (3) for “by a Strategic Health Authority” substitute “by the
Board”.
10
      (3)
In subsection (4)(c)(ii)—
(a)
after “8,” insert “13Z1,”, and
(b)
omit “15,”.
140   (1)
Section 275 (interpretation) is amended as follows.
      (2)
In subsection (1)—
15
(a)
before the definition of “dental practitioner” insert—
““the Board” means the National Health Service
Commissioning Board,
“clinical commissioning group” means a body
established under section 14D of this Act,”,
20
(b)
in the definition of “health service hospital” omit “a Primary Care
Trust,”, and
(c)
after the definition of “modifications” insert—
““NHS body” means—
(a)
the Board,
25
(b)
a clinical commissioning group,
(c)
a Special Health Authority,
(d)
an NHS trust,
(e)
an NHS foundation trust, and
(f)
a Local Health Board.”
30
      (3)
In subsection (3)—
(a)
omit “or 15”,
(b)
omit “Strategic Health Authority,” (in both places where it occurs),
and
(c)
omit “Primary Care Trust or” (in both places where it occurs).
35
      (4)
Until the commencement of section 33, the definition of “NHS body” in
section 275 of the National Health Service Act 2006 has effect as if it included
a reference to a Strategic Health Authority.
      (5)
Until the commencement of section 34, the definition of “NHS body” in
section 275 of the National Health Service Act 2006 has effect as if it included
40
a reference to a Primary Care Trust.
141   (1)
Section 276 (index of defined expressions) is amended as follows.
      (2)
Omit the entry relating to “NHS body”.
      (3)
After the entry for “LPS scheme” insert—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
333

“NHS
section 1B(2)”.

constitution

      (4)
Omit the entry relating to “PCT order”.
      (5)
After the entry relating to “provider, in relation to an NHS contract” insert—

“public health functions of
section 1H(5)(a)

5

the Secretary of State

public health functions of
section 1H(5)(b)”.

local authorities

Schedule 5
Section 55(2)

Part 1: amendments of other enactments
10
Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
1
In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936
(definitions)—
(a)
in the definition of “voluntary hospital”, for “, NHS foundation trust
or a Primary Care Trust” substitute “or an NHS foundation trust”,
15
and
(b)
omit the definition of “Primary Care Trust”.
National Assistance Act 1948 (c. 29)
2
The National Assistance Act 1948 is amended as follows.
3     (1)
Section 24 (local authority’s liability for provision of accommodation) is
20
amended as follows.
      (2)
In subsection (6A), in paragraph (b), omit “Primary Care Trust or”.
      (3)
Omit subsection (6B).
      (4)
In consequence of the repeal made by sub-paragraph (3), omit paragraph 1
of Schedule 1 to the Health Act 2009.
25
4
In section 26 (provision of accommodation in premises maintained by
voluntary organisations), in subsection (1C)—
(a)
after “such” insert “clinical commissioning group or”, and
(b)
omit “Primary Care Trust or”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
30
5
In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of
Civil Interests) Act 1951 (capacities in respect of which payments under Part
5 of the Act may be made, and paying authorities), in paragraph 15—
(a)
in the first column (headed “capacity”), after “Officer of” insert “the
National Health Service Commissioning Board, a clinical
35
commissioning group,”,

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
334

(b)
in that column, omit “a Strategic Health Authority,”,
(c)
in the second column (headed “paying authority”), after “The” insert
“National Health Service Commissioning Board, clinical
commissioning group,”, and
(d)
in that column, omit “Strategic Health Authority,”.
5
Public Records Act 1958 (c. 51)
6
In Schedule 1 to the Public Records Act 1958 (bodies the records of which are
public records), in paragraph 3(2) in the Table, in the second column of the
first entry relating to the Department of Health—
(a)
after “Authorities including” insert “the National Health Service
10
Commissioning Board, clinical commissioning groups,”,
(b)
after “records of trust property passing to” insert “the National
Health Service Commissioning Board, a clinical commissioning
group,”,
(c)
after “section 161 of the National Health Service (Wales) Act 2006” (in
15
the second place it occurs) insert “or section 300 of the Health and
Social Care Act 2012”,
(d)
after “or held by” insert “the National Health Service Commissioning
Board, a clinical commissioning group or”, and
(e)
after “that Act, or” (in the second place where it occurs) insert “by
20
virtue of section 2 and section 13X of, or paragraph 20 of Schedule 1A
to, that Act, or under”.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
7
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which the Act applies), in paragraph 1—
25
(a)
omit paragraph (ea),
(b)
before paragraph (g) insert—
“(fa)
the National Health Service Commissioning Board,
except as regards the exercise of functions under
the National Health Service (Service Committees
30
and Tribunal) Regulations 1992, or any regulations
amending or replacing those Regulations;”, and
(c)
omit paragraph (gg).
Parliamentary Commissioner Act 1967 (c. 13)
8
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not
35
subject to investigation), in paragraph 8—
(a)
in sub-paragraph (1)—
(i)
after “Secretary of State by” insert “a local authority, the
National Health Service Commissioning Board, a clinical
commissioning group”,
40
(ii)
omit “a Strategic Health Authority,”, and
(iii)
omit “, a Primary Care Trust”, and
(b)
in sub-paragraph (2)—
(i)
after “action taken by” insert “a local authority, the National
Health Service Commissioning Board, a clinical
45
commissioning group or”,

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
335

(ii)
omit “a Strategic Health Authority,”, and
(iii)
omit “or Primary Care Trust”.
Abortion Act 1967 (c. 87)
9
In section 1 of the Abortion Act 1967 (location of treatment for termination
of pregnancy), in subsection (3) omit “a Primary Care Trust or”.
5
Leasehold Reform Act 1967 (c. 88)
10
In section 28 of the Leasehold Reform Act 1967 (land required for public
purposes)—
(a)
in subsection (5), in paragraph (d)—
(i)
after “to” insert “the National Health Service Commissioning
10
Board, any clinical commissioning group,”,
(ii)
omit “any Strategic Health Authority,”, and
(iii)
omit “, any Primary Care Trust”, and
(b)
in subsection (6), in paragraph (c)—
(i)
after “in the case of” insert “the National Health Service
15
Commissioning Board, a clinical commissioning group,”,
(ii)
omit “a Strategic Health Authority,”, and
(iii)
omit “, Primary Care Trust”.
Health Services and Public Health Act 1968 (c. 46)
11
The Health Services and Public Health Act 1968 is amended as follows.
20
12    (1)
Section 63 (provision of instruction for officers of hospital authorities etc.) is
amended as follows.
      (2)
In subsection (1)—
(a)
after “servants of” insert “the National Health Service
Commissioning Board or a clinical commissioning group,”,
25
(b)
omit “a Strategic Health Authority,”, and
(c)
omit “, Primary Care Trust”.
      (3)
In subsection (2)—
(a)
in paragraph (a) before “or the council” insert “, the National Health
Service Commissioning Board, a clinical commissioning group”, and
30
(b)
in paragraph (b) for “a Primary Care Trust” substitute “the National
Health Service Commissioning Board”.
      (4)
In subsection (5A)—
(a)
omit “Strategic Health Authority” (in each place where it occurs),
and
35
(b)
omit “, Primary Care Trust” (in each place where it occurs).
      (5)
In subsection (5B)—
(a)
omit paragraph (za), and
(b)
omit paragraph (bb).
13
In section 64 (financial assistance to certain voluntary organisations), in
40
subsection (3)(b)—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
336

(a)
after “City of London” insert “or a service for the provision of which
the National Health Service Commissioning Board or a clinical
commissioning group has, by virtue of the National Health Service
Act 2006, a duty or power to make arrangements”,
(b)
for “a Primary Care Trust or local Health Board are” substitute “a
5
local Health Board is”,
(c)
omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”,
and
(d)
omit “Primary Care Trust or”.
Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
10
14
In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969
(employers exempted from insurance), in subsection (2)(a)—
(a)
after “National Health Service and Community Care Act 1990,”
insert “the National Health Service Commissioning Board, a clinical
commissioning group established under section 14D of the National
15
Health Service Act 2006,”, and
(b)
omit “, a Primary Care Trust established under section 18 of the
National Health Service Act 2006”.
Local Authority Social Services Act 1970 (c. 42)
15
In Schedule 1 to the Local Authority Social Services Act 1970 (social services
20
functions) in the entry relating to the Children Act 1989, in the column
headed “Nature of functions”—
(a)
after “accommodated” insert “pursuant to arrangements made by
the Secretary of State, the National Health Service Commissioning
Board or a clinical commissioning group under the National Health
25
Service Act 2006 or”, and
(b)
omit “Primary Care Trusts,”.
Chronically Sick and Disabled Persons Act 1970 (c. 44)
16    (1)
Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation
of younger from older patients) is amended as follows.
30
      (2)
In subsection (1) for “The Secretary of State” substitute “The Welsh
Ministers”.
      (3)
In subsection (2) (as substituted by the National Health Service
Reorganisation Act 1973)—
(a)
for “The Secretary of State” substitute “The Welsh Ministers”,
35
(b)
for “each House of Parliament” substitute “the National Assembly
for Wales”,
(c)
for “as he considers” substitute “as they consider”, and
(d)
for “in him” substitute “in them”.
Local Government Act 1972 (c. 70)
40
17
In section 113 of the Local Government Act 1972 (placing of staff of local
authorities at disposal of certain persons)—
(a)
in subsection (1A)—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
337

(i)
after “with” insert “the Secretary of State, the National Health
Service Commissioning Board,”,
(ii)
after “Local Health Board,” (in each place where it occurs)
insert “clinical commissioning group,”,
(iii)
omit “Primary Care Trust,” (in each place where it occurs),
5
(iv)
in paragraph (a), after “disposal of” insert “the Secretary of
State, the National Health Service Commissioning Board,”,
and
(v)
in paragraph (b), after “employed by” insert “the Secretary of
State, the National Health Service Commissioning Board,”,
10
and
(b)
in subsection (4)—
(i)
after “above”, insert ““Secretary of State” means the Secretary
of State in relation to the exercise of functions under section
2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the
15
National Health Service Act 2006,”,
(ii)
before ““NHS trust”” insert ““clinical commissioning group”
means a body established under section 14D of the National
Health Service Act 2006, and”, and
(iii)
omit the words from “and “Primary Care Trust”” to the end.
20
Local Government Act 1974 (c. 7)
18
In section 26 of the Local Government Act 1974 (matters subject to
investigation by Local Commissioner), in subsection (1), after paragraph (c)
insert—
“(d)
an alleged or apparent failure in a service provided by the
25
authority in pursuance of arrangements under section 7A of
the National Health Service Act 2006;
(e)
an alleged or apparent failure to provide a service in
pursuance of such arrangements.”
Health and Safety at Work etc. Act 1974 (c. 37)
30
19    (1)
Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary
provision about the Employment Medical Advisory Service) is amended as
follows.
      (2)
In subsection (1) for “each Primary Care Trust and Local Health Board”
substitute “the National Health Service Commissioning Board or each
35
clinical commissioning group (in relation to England) and each Local Health
Board (in relation to Wales)”.
      (3)
In subsection (2)—
(a)
omit “for one of their”, and
(b)
for ““each” to “its”” substitute ““the National” to “arranges””.
40
House of Commons Disqualification Act 1975 (c. 24)
20
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership of the House)—
(a)
omit the entry relating to the chairman or any member of a Primary
Care Trust,
45

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
338

(b)
in the entry relating to the chairman or any member of any Strategic
Health Authority or Special Health Authority, omit “Strategic Health
Authority, or”, and
(c)
at the appropriate place insert—
“Chairman or non-executive member of the National Health Service
5
Commissioning Board.”
Acquisition of Land Act 1981 (c. 67)
21
The Acquisition of Land Act 1981 is amended as follows.
22
In section 16 (land excluded from compulsory purchase), in subsection (3)—
(a)
after paragraph (a) insert—
10
“(aa)
the National Health Service Commissioning Board;
(ab)
a clinical commissioning group established under
section 14D of the National Health Service Act 2006;”,
and
(b)
omit paragraph (c).
15
23
In section 17 (special parliamentary procedure applying to compulsory
purchase orders concerning certain land), in subsection (4) in the definition
of “statutory undertakers”—
(a)
omit paragraph (ad), and
(b)
before paragraph (b) insert—
20
“(ae)
the National Health Service Commissioning Board,
(af)
a clinical commissioning group established under
section 14D of the National Health Service Act 2006,”.
Mental Health Act 1983 (c. 20)
24
The Mental Health Act 1983 is amended as follows.
25
25
In section 19 (regulations as to transfers of patients), in subsection (3)—
(a)
for “NHS foundation trust,”, in each place it appears, substitute
“NHS foundation trust or”, and
(b)
omit “or Primary Care Trust” in each place it appears.
26
In section 23 (discharge of patients), in subsection (5)(a)—
30
(a)
for “, Special Health Authority”, in each place it appears, substitute
“or Special Health Authority”,
(b)
omit “or Primary Care Trust” in each place it appears, and
(c)
omit “, trust” in each place it appears.
27
In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3),
35
omit “, Primary Care Trusts”.
28    (1)
Section 39 (power of court to request information from hospitals) is
amended as follows.
      (2)
In subsection (1)—
(a)
omit “Primary Care Trust or” in each place it appears,
40
(b)
in paragraph (a), after the first “the” insert “clinical commissioning
group or”,