Session 2010 - 12
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Health and Social Care Bill


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

339

 

(c)   

in paragraph (b), at the beginning insert “the National Health Service

Commissioning Board or”,

(d)   

in that paragraph, after “or any other” insert “clinical commissioning

group or”,

(e)   

after “such information as that” insert “clinical commissioning group

5

or”,

(f)   

after “Local Health Board or”, in each place it appears, insert “the

National Health Service Commissioning Board or the”,

(g)   

after “order, and that” insert “clinical commissioning group or”.

      (3)  

After subsection (1) insert—

10

“(1ZA)   

A request under this section to the National Health Service

Commissioning Board may relate only to services or facilities the

provision of which the Board arranges.”

      (4)  

In consequence of the repeals made by sub-paragraph (2), omit paragraph

46 of Schedule 2 to the National Health Service Reform and Health Care

15

Professions Act 2002.

29         

In section 134 (patients’ correspondence), in subsection (3)(e)—

(a)   

at the beginning insert “the National Health Service Commissioning

Board, a clinical commissioning group,”,

(b)   

omit “Strategic Health Authority,”,

20

(c)   

for “, Special Health Authority” substitute “or Special Health

Authority”, and

(d)   

omit “or Primary Care Trust”.

30         

In section 139 (protection for acts done in pursuance of that Act), in

subsection (4)—

25

(a)   

after “the Secretary of State or against” insert “the National Health

Service Commissioning Board, a clinical commissioning group,”,

(b)   

omit “Strategic Health Authority,”,

(c)   

for “, Special Health Authority” substitute “or Special Health

Authority”, and

30

(d)   

omit “or Primary Care Trust”.

31    (1)  

In section 145 (interpretation), in subsection (1)—

(a)   

in the definition of “the managers”, in paragraph (a)—

(i)   

after “the National Health Service (Wales) Act 2006,” (in the

second place where it occurs) insert “the Secretary of State

35

where the Secretary is responsible for the administration of

the hospital or”,

(ii)   

omit “Primary Care Trust,”, and

(iii)   

omit “Strategic Health Authority,”,

(b)   

in paragraph (bb) of that definition, omit “a Primary Care Trust or”,

40

(c)   

omit the definition of “Primary Care Trust”, and

(d)   

omit the definition of “Strategic Health Authority”.

      (2)  

In consequence of the repeals made by sub-paragraph (1)—

(a)   

omit paragraph 49 of Schedule 2 to the National Health Service

Reform and Health Care Professions Act 2002, and

45

(b)   

omit paragraph 70(e) and (g) of Schedule 1 to the National Health

Service (Consequential Provisions) Act 2006.

 
 

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

340

 

Public Health (Control of Disease) Act 1984 (c. 22)

32         

In section 13 of the Public Health (Control of Disease) Act 1984 (regulations

for control of certain diseases), in subsection (4)(a)—

(a)   

omit “Strategic Health Authorities,”, and

(b)   

omit “, Primary Care Trusts”.

5

Dentists Act 1984 (c. 24)

33         

The Dentists Act 1984 is amended as follows.

34         

In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).

35         

In section 36M (guidance for dental care professionals), in subsection (8)

omit paragraph (a).

10

36         

In section 40 (definition of “business of dentistry”), in subsection (2)(aa)—

(a)   

omit “under section 92 of the National Health Service Act 2006 or”,

(b)   

after “section 100” insert “of the National Health Service Act 2006 or

an agreement under section 107”,

(c)   

omit “under section 50 of the National Health Service (Wales) Act

15

2006 or”, and

(d)   

after “section 57” insert “of the National Health Service (Wales) Act

2006 or an agreement under section 64”.

37         

In section 50D (rules: consultation), in subsection (4) omit paragraph (a).

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

20

38         

The Disabled Persons (Services, Consultation and Representation) Act 1986

is amended as follows.

39         

In section 2 (rights of authorised representatives of disabled persons)—

(a)   

in subsection (5) in paragraph (a)—

(i)   

after “hospital accommodation” (in the first place it occurs)

25

insert “provided pursuant to arrangements made by the

National Health Service Commissioning Board or a clinical

commissioning group under the National Health Service Act

2006 or”,

(ii)   

for “the Secretary of State under section (3)(1)(a)” substitute

30

“the Secretary of State under section 2A or 2B”, and

(iii)   

omit “by a Primary Care Trust established under that Act,”,

(b)   

in subsection (7) in paragraph (a), after “provision of services” insert

“, or the arrangement for the provision of services,”, and

(c)   

in subsection (9) in the definition of “health authority”, in paragraph

35

(a)—

(i)   

after “means” insert “the National Health Service

Commissioning Board, a clinical commissioning group or”,

(ii)   

omit “a Strategic Health Authority,”, and

(iii)   

omit “or a Primary Care Trust”.

40

40         

In section 7 (persons discharged from hospital), in subsection (9)—

 
 

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

341

 

(a)   

in the definition of “health authority”, in paragraph (a) for “a

Primary Care Trust” substitute “a clinical commissioning group”,

and

(b)   

in the definition of “the managers”—

(i)   

in paragraph (a)(i) for “, an NHS foundation trust or a

5

Primary Care Trust” substitute “or an NHS foundation trust”,

(ii)   

in the words following paragraph (a)(iii) after “means the”

insert “Secretary of State where the Secretary of State is

responsible for the administration of the hospital, or means

the”,

10

(iii)   

in those words omit “Strategic Health Authority,”, and

(iv)   

omit paragraph (bb).

41         

In section 11 (reports to Parliament)—

(a)   

in subsection (1ZA) omit “subsection (1ZB) extends to England and

Wales only and”, and

15

(b)   

omit subsection (1ZB).

42         

In section 16 (interpretation), in subsection (1)—

(a)   

omit the definition of “Primary Care Trust”, and

(b)   

omit the definition of “Strategic Health Authority”.

Dartford-Thurrock Crossing Act 1988 (c. 20)

20

43         

In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from

tolls), in paragraph (b)—

(a)   

omit “a Strategic Health Authority established under section 13 of

the National Health Service Act 2006,”,

(b)   

for “that Act” substitute “the National Health Service Act 2006”, and

25

(c)   

omit “a Primary Care Trust established under section 18 of the

National Health Service Act 2006,”.

Copyright, Designs and Patents Act 1988 (c. 48)

44         

In section 48 of the Copyright, Designs and Patents Act 1988 (material

communicated to the Crown in the course of public business), in subsection

30

(6)—

(a)   

after “the 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

Health Service Act 2006,”, and

35

(b)   

omit “a Primary Care Trust established under section 18 of the

National Health Service Act 2006,”.

Health and Medicines Act 1988 (c. 49)

45         

In section 7 of the Health and Medicines Act 1988 (extension of powers for

financing health service), in subsection (3)(i) omit the words from the second

40

“the” to “trust, or”.

 
 

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

342

 

Road Traffic Act 1988 (c. 52)

46         

In section 144 of the Road Traffic Act 1988 (exception to requirement for

third party insurance), in subsection (2)(da) omit “by a Primary Care Trust

established under section 18 of the National Health Service Act 2006”.

Children Act 1989 (c. 41)

5

47         

The Children Act 1989 is amended as follows.

48         

In section 21 (provision of accommodation for children in police protection

etc), in subsection (3)—

(a)   

for “Secretary of State,” substitute “Secretary of State or”,

(b)   

omit “or a Primary Care Trust” (in each place where it occurs), and

10

(c)   

after “arrangements made by” insert “the Secretary of State, the

National Health Service Commissioning Board or a clinical

commissioning group under the National Health Service Act 2006

or”.

49         

In section 24 (persons qualifying for advice and assistance), in subsection

15

(2)—

(a)   

in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”,

and

(b)   

in that paragraph, in sub-paragraph (ii) after “provided” insert

“pursuant to arrangements made by the Secretary of State, the

20

National Health Service Commissioning Board or a clinical

commissioning group under the National Health Service Act 2006

or”.

50         

In section 24C (information), in subsection (2)—

(a)   

in paragraph (b) for “, Special Health Authority or Primary Care

25

Trust” substitute “or Special Health Authority”, and

(b)   

in paragraph (c) after “provided” 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 Service Act 2006 or”.

30

51         

In section 27 (co-operation between authorities), in subsection (3)—

(a)   

after paragraph (c) insert—

“(ca)   

the National Health Service Commissioning Board;”,

and

(b)   

in paragraph (d)—

35

(i)   

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

(ii)   

omit “, Primary Care Trust”.

52         

In section 29 (recoupment of cost of providing services), in subsection (8) in

paragraph (c)—

(a)   

for “Secretary of State,” substitute “Secretary of State or”,

40

(b)   

omit “or a Primary Care Trust” (in both places where it occurs),

(c)   

after “arrangements made by” insert “the Secretary of State, the

National Health Service Commissioning Board or a clinical

commissioning group under the National Health Service Act 2006 or

by”, and

45

(d)   

omit “a Strategic Health Authority,”.

 
 

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

343

 

53         

In section 47 (local authority’s duty to investigate), in subsection (11)—

(a)   

after paragraph (c) insert—

“(ca)   

the National Health Service Commissioning Board;”,

and

(b)   

in paragraph (d)—

5

(i)   

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

(ii)   

omit “, Primary Care Trust”.

54         

In section 80 (inspection of children’s homes)—

(a)   

in subsection (1), in paragraph (d) —

(i)   

omit “, Primary Care Trust”, and

10

(ii)   

after “NHS foundation trust” insert “or pursuant to

arrangements made by the Secretary of State, the National

Health Service Commissioning Board or a clinical

commissioning group under the National Health Service Act

2006”,

15

(b)   

in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and

(c)   

after that paragraph insert—

“(ea)   

person providing accommodation for a child

pursuant to arrangements made by the Secretary of

State, the National Health Service Commissioning

20

Board or a clinical commissioning group under the

National Health Service Act 2006;”.

55         

In section 85 (children accommodated by health authorities)—

(a)   

in subsection (1) omit “Primary Care Trust,”, and

(b)   

after subsection (2) insert—

25

“(2ZA)   

Where a child is provided with accommodation—

(a)   

by a body which is not mentioned in subsection (1),

and

(b)   

pursuant to arrangements made by the Secretary of

State, the National Health Service Commissioning

30

Board or a clinical commissioning group under the

National Health Service Act 2006,

   

subsections (1) and (2) apply in relation to the Secretary of

State, the Board or (as the case may be) the clinical

commissioning group as if it were the accommodating

35

authority.”

56    (1)  

Section 105 (interpretation) is amended as follows.

      (2)  

In subsection (1)—

(a)   

before the definition of “community home” insert—

““clinical commissioning group” means a body

40

established under section 14D of the National Health

Service Act 2006;”,

(b)   

omit the definition of “Primary Care Trust”, and

(c)   

omit the definition of “Strategic Health Authority”.

      (3)  

After subsection (7) insert—

45

“(7A)   

References in this Act to a hospital or accommodation made

available or provided pursuant to arrangements made by the

 
 

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

344

 

Secretary of State under the National Health Service Act 2006 are

references to a hospital or accommodation made available or

provided pursuant to arrangements so made in the exercise of the

public health functions of the Secretary of State (within the meaning

of that Act).

5

(7B)   

References in this Act to arrangements made by the National Health

Service Commissioning Board or a clinical commissioning group

under the National Health Service Act 2006 include references to

arrangements so made by virtue of section 7A of that Act.”

Local Government and Housing Act 1989 (c. 42)

10

57         

In section 2 of the Local Government and Housing Act 1989 (politically

restricted posts), in subsection (6), after paragraph (za) insert—

“(zb)   

the director of public health appointed under section 73A(1)

of the National Health Service Act 2006;”.

National Health Service and Community Care Act 1990 (c. 19)

15

58         

The National Health Service and Community Care Act 1990 is amended as

follows.

59         

In section 47 (assessment of needs for community care services), in

subsection (3)—

(a)   

before paragraph (a) insert—

20

“(za)   

that there may be a need for the provision to that

person, pursuant to arrangements made under the

National Health Service Act 2006 by such clinical

commissioning group as may be determined in

accordance with regulations, of any services

25

(including services that may be provided pursuant to

such arrangements by virtue of section 7A of that

Act),”,

(b)   

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

(c)   

in that paragraph omit “the National Health Service Act 2006 or”,

30

(d)   

in the text following paragraph (b), omit “Primary Care Trust,” (in

both places where it occurs), and

(e)   

in that text, before “Health Authority” (in both places it occurs) insert

“clinical commissioning group,”.

60         

In section 49 (transfer of staff to local authorities), in subsection (4)(b)—

35

(a)   

omit “Strategic Health Authority,”, and

(b)   

omit “Primary Care Trust,”.

61         

In section 60 (removal of crown immunities), in subsection (7)—

(a)   

in paragraph (a) omit the words from “a Strategic” to “2006 or”, and

(b)   

in paragraph (aa) for “that Act” substitute “the National Health

40

Service Act 2006”.

Access to Health Records Act 1990 (c. 23)

62         

The Access to Health Records Act 1990 is amended as follows.

 
 

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

345

 

63         

In section 1, in subsection (2) (meaning of “holder” in relation to a health

record)—

(a)   

in paragraph (a)—

(i)   

for “a Primary Care Trust or” substitute “the National Health

Service Commissioning Board or a”, and

5

(ii)   

omit “Trust or”, and

(b)   

in paragraph (aa)—

(i)   

for “a Primary Care Trust, Strategic Health Authority or”

substitute “the National Health Service Commissioning

Board or a”, and

10

(ii)   

omit “Trust, Authority or”.

64         

In section 11 (interpretation)—

(a)   

in the definition of “health service body”, in paragraph (a)—

(i)   

omit “Strategic Health Authority,”,

(ii)   

for “, Local” substitute “or Local”, and

15

(iii)   

omit “or Primary Care Trust”,

(b)   

omit the definition of “Primary Care Trust”, and

(c)   

omit the definition of “Strategic Health Authority”.

London Local Authorities Act 1991 (c. xiii)

65         

In section 4 of the London Local Authorities Act 1991 (interpretation) in the

20

definition of “establishment for special treatment”, in paragraph (d) for “by

a Primary Care Trust established under section 18 of the National Health

Service Act 2006” substitute “by any person in pursuance of arrangements

made by the National Health Service Commissioning Board or by a clinical

commissioning group under the National Health Service Act 2006

25

(including by virtue of section 7A of that Act)”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

66         

In section 279 of the Trade Union and Labour Relations (Consolidation) Act

1992 (health service practitioners)—

(a)   

in subsection (1), in paragraph (a) for “a Primary Care Trust”

30

substitute “the National Health Service Commissioning Board”,

(b)   

in that paragraph, after “or” (in the first place it occurs) insert “a”,

(c)   

in the words after paragraph (b) in that subsection, omit “authority

or”,

(d)   

in subsection (2), in paragraph (a) for “a Primary Care Trust,

35

Strategic Health Authority or” substitute “the National Health

Service Commissioning Board or a”,

(e)   

in paragraph (b) of that subsection, for “a Primary Care Trust or”

substitute “the National Health Service Commissioning Board or a”,

(f)   

in that paragraph, for “entered into by him with a Primary Care

40

Trust” substitute “entered into by him with the National Health

Service Commissioning Board”, and

(g)   

in the words after that paragraph, omit “Trust, Authority or.”

Health Service Commissioners Act 1993 (c. 46)

67         

The Health Service Commissioners Act 1993 is amended as follows.

45

 
 

 
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