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 5 — Part 1: amendments of other enactments
346

68
In section 2 (health service bodies subject to investigation), in subsection
(1)—
(a)
omit paragraph (a),
(b)
omit paragraph (da), and
(c)
after paragraph (db) insert—
5
“(dc)
the National Health Service Commissioning Board,
(dd)
clinical commissioning groups.”
69
In section 2A (health service providers subject to investigation), in
subsection (1)(a) for “a Primary Care Trust” substitute “the National Health
Service Commissioning Board”.
10
70    (1)
Section 14 (reports etc. by the Commissioner) is amended as follows.
      (2)
In subsection (1)—
(a)
at the end of paragraph (c) insert “and”, and
(b)
omit paragraph (e) and the preceding “and”.
      (3)
In subsection (2A)—
15
(a)
at the end of paragraph (d) insert “and”, and
(b)
omit paragraph (f) and the preceding “and”.
      (4)
In subsection (2C)—
(a)
at the end of paragraph (d) insert “and”, and
(b)
omit paragraph (f) and the preceding “and”.
20
      (5)
Omit subsection (2E)(e).
      (6)
In subsection (2G)—
(a)
at the end of paragraph (c) insert “and”, and
(b)
omit paragraph (e) and the preceding “and”.
71
In section 19 (interpretation), in the definition of “direct payment services”,
25
omit “, or under regulations under section 12A(4),”.
Health Authorities Act 1995 (c. 17)
72
In Schedule 2 to the Health Authorities Act 1995 (property, rights and
liabilities), in paragraph 2—
(a)
in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and
30
(b)
in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health
Authority,”.
Employment Rights Act 1996 (c. 18)
73
The Employment Rights Act 1996 is amended as follows.
74
In section 43K (extension of meaning of “worker” etc for Part IVA)—
35
(a)
in subsection (1)(ba) for “a Primary Care Trust” (in each place where
it occurs) substitute “the National Health Service Commissioning
Board”,
(b)
in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the
National Health Service Commissioning Board”, and
40
(c)
in subsection (2)(aa) for “the Primary Care Trust or” substitute “the
National Health Service Commissioning Board, or the”.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
347

75
In section 50 (right to time off for public duties), in subsection (8)—
(a)
before paragraph (a) insert—
“(za)
the National Health Service Commissioning Board,
(zb)
a clinical commissioning group established under
section 14D of the National Health Service Act 2006,”
5
and
(b)
in paragraph (b)—
(i)
omit “a Strategic Health Authority established under section
13 of the National Health Service Act 2006,”, and
(ii)
omit “or a Primary Care Trust established under section 18 of
10
the National Health Service Act 2006,”.
76
In section 218 (change of employer), in subsection (10)—
(a)
before paragraph (a) insert—
“(za)
the National Health Service Commissioning Board,
(zb)
a clinical commissioning group established under
15
section 14D of the National Health Service Act 2006,”
(b)
omit paragraph (a),
(c)
in paragraph (b) for “that Act” substitute “the National Health
Service Act 2006”,
(d)
omit paragraph (bb), and
20
(e)
in paragraph (c) for “that Act” substitute “the National Health
Service Act 2006”.
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
77
In section 3 of the Housing Grants, Construction and Regeneration Act 1996,
in subsection (2)(f) (persons ineligible for grants)—
25
(a)
at the beginning insert “the National Health Service Commissioning
Board, a clinical commissioning group,”,
(b)
omit “a Strategic Health Authority,”, and
(c)
omit “, Primary Care Trust”.
Education Act 1996 (c. 56)
30
78
The Education Act 1996 is amended as follows.
79    (1)
Section 322 (duty of certain bodies to help local authorities) is amended as
follows.
      (2)
In subsection (1)—
(a)
after “another local authority,” insert “the National Health Service
35
Commissioning Board, a clinical commissioning group or”,
(b)
omit “or a Primary Care Trust”, and
(c)
for “the board, authority or trust” substitute “that body”.
      (3)
In subsection (2), for “An authority, a board or a trust” substitute “A body”.
      (4)
In subsection (3), in paragraph (a)—
40
(a)
after “request is made of” insert “the National Health Service
Commissioning Board, a clinical commissioning group or”,
(b)
omit “or Primary Care Trust”, and
(c)
for “that board or trust” substitute “that body”.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
348

      (5)
In subsection (4)—
(a)
for “an authority, a board” substitute “a local authority, the National
Health Service Commissioning Board, a clinical commissioning
group or a Local Health Board”, and
(b)
omit “or a trust”.
5
80    (1)
Section 332 (duty of certain NHS bodies to notify parent) is amended as
follows.
      (2)
In subsection (1)—
(a)
after “where” insert “a clinical commissioning group,” and
(b)
omit “a Primary Care Trust,”.
10
      (3)
In subsection (2) for “trust” (in each place where it occurs) substitute “other
body”.
      (4)
In subsection (3) for “trust” substitute “other body”.
81
In section 579 (general interpretation), in subsection (1) in the definition of
“school buildings” in paragraph (c) for the words from “for enabling” to
15
“functions” substitute “for the carrying out of functions”.
Audit Commission Act 1998 (c. 18)
82
In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not
subject to certain Commission studies)—
(a)
omit paragraph (a), and
20
(b)
omit paragraph (b).
Data Protection Act 1998 (c. 29)
83
In section 69 of the Data Protection Act 1998 (meaning of “health
professional”)—
(a)
in subsection (1), in paragraph (k) for “such a body” substitute “a
25
health service body”,
(b)
in subsection (3), omit paragraph (a),
(c)
in that subsection, before paragraph (b) insert—
“(aa)
the Secretary of State in relation to the exercise of
functions under section 2A or 2B of, or paragraph 7C,
30
8 or 12 of Schedule 1 to, the National Health Service
Act 2006,
(ab)
a local authority in relation to the exercise of functions
under section 2B or 111 of, or any of paragraphs 1 to
7B or 13 of Schedule 1 to, that Act,”, and
35
(d)
in that subsection, omit paragraph (bb).
Crime and Disorder Act 1998 (c. 37)
84
The Crime and Disorder Act 1998 is amended as follows.
85
In section 5 (authorities responsible for crime and disorder strategies), in
subsection (1)(e) for “Primary Care Trust” substitute “clinical
40
commissioning group”.
86
In section 38 (local provision of youth justice services), in subsection (2)(b)—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
349

(a)
after “local probation board” insert “, clinical commissioning group
or”, and
(b)
omit “, Strategic Health Authority,”, and
(c)
omit “or Primary Care Trust”.
87
In section 39 (Youth Offending Teams), in subsection (3)(b)—
5
(a)
after “local probation board” insert “, clinical commissioning group
or”,
(b)
omit “, Strategic Health Authority,”, and
(c)
omit “or Primary Care Trust”.
88
In that section, in subsection (5)(d)—
10
(a)
after “nominated by” insert “a clinical commissioning group or”, and
(b)
omit “a Primary Care Trust or”.
89
In section 41 (the Youth Justice Board), in subsection (10)—
(a)
after “provider of probation services,” insert “a clinical
commissioning group,”,
15
(b)
for “, a Strategic Health Authority,” substitute “and”, and
(c)
omit “and a Primary Care Trust”.
90
In section 42 (supplementary provisions), in subsection (3)—
(a)
after “provider of probation services,” insert “a clinical
commissioning group,”,
20
(b)
for “, a Strategic Health Authority,” substitute “or”, and
(c)
omit “or a Primary Care Trust”.
91
In section 115, in subsection (2) (disclosure of information to relevant
authorities)—
(a)
omit paragraph (ea),
25
(b)
after paragraph (f) insert—
“(fa)
the National Health Service Commissioning Board;
(fb)
a clinical commissioning group;”, and
(c)
omit paragraph (g).
Health Act 1999 (c. 8)
30
92
The Health Act 1999 is amended as follows.
93
In section 61 (English and Scottish border provisions)—
(a)
in subsection (2)—
(i)
after “Secretary of State” insert “, the National Health Service
Commissioning Board”,
35
(ii)
after “any” insert “clinical commissioning group”,
(iii)
omit “Strategic Health Authority”, and
(iv)
omit “or Primary Care Trust”, and
(b)
in subsection (5)—
(i)
after “any” insert “clinical commissioning group”, and
40
(ii)
omit “Primary Care Trust”.
94
In Schedule 4 (amendments relating to Primary Care Trusts)—
(a)
omit paragraphs 1, 74, and 86, and the cross-heading preceding each
paragraph, and

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
350

(b)
omit paragraphs 3(c), 82 and 85(2).
Greater London Authority Act 1999 (c. 29)
95
In section 309E of the Greater London Authority Act 1999, in subsection (5)
(bodies to be included among relevant bodies for purposes of Mayor of
London’s health inequalities strategy)—
5
(a)
omit paragraph (f),
(b)
omit paragraph (g), and
(c)
before paragraph (h) insert—
“(ga)
the Secretary of State in relation to the exercise of
functions under section 2A or 2B of, or paragraph 7C,
10
8 or 12 of Schedule 1 to, the National Health Service
Act 2006,
(gb)
the National Health Service Commissioning Board,
(gc)
any clinical commissioning group (established under
section 14D of the National Health Service Act 2006)
15
for an area wholly or partly in Greater London,”.
Care Standards Act 2000 (c. 14)
96
In section 121 of the Care Standards Act 2000 (interpretation), in subsection
(1) in the definition of “National Health Service body”—
(a)
omit “a Strategic Health Authority,”, and
20
(b)
omit “, a Primary Care Trust”.
Government Resources and Accounts Act 2000 (c. 20)
97    (1)
Section 14 of the Government Resources and Accounts Act 2000
(summarised accounts) is amended as follows.
      (2)
In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health
25
Service Act 2006 or”.
      (3)
Omit subsection (3).
      (4)
In subsection (4) for “that subsection” substitute “subsection (1)”.
Local Government Act 2000 (c. 22)
98
In section 21C of the Local Government Act 2000 (reports and
30
recommendations of overview and scrutiny committees: duties of certain
bodies), in subsection (6)—
(a)
before paragraph (b) insert—
“(aa)
the National Health Service Commissioning Board,
(ab)
a clinical commissioning group, or”, and
35
(b)
omit paragraph (c) and the preceding “or”.
Regulation of Investigatory Powers Act 2000 (c. 23)
99
In section 4 of the Regulation of Investigatory Powers Act 2000 (power to
provide for lawful interception) in subsection (5) for “section 8 of the
National Health Service Act 2006” substitute “section 4(3A)(a) of the
40
National Health Service Act 2006”.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
351

Freedom of Information Act 2000 (c. 36)
100
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales)—
(a)
omit paragraph 36A,
(b)
before paragraph 38 insert—
5
“37A
The National Health Service Commissioning Board.
37B
A clinical commissioning group established under section
14D of the National Health Service Act 2006.”, and
(c)
omit paragraph 39.
International Development Act 2002 (c. 1)
10
101
In Schedule 1 to the International Development Act 2002 (statutory bodies
with powers under section 9 of that Act)—
(a)
before the entry for a Health Board insert—
     “the National Health Service Commissioning Board
       a clinical commissioning group”,
15
(b)
omit the entry for a Primary Care Trust, and
(c)
omit the entry for a Strategic Health Authority.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
102
The National Health Service Reform and Health Care Professions Act 2002
is amended as follows.
20
103
Omit Schedule 1 (English health authorities: change of name to Strategic
Health Authorities).
104
Omit Schedule 2 (consequential amendments concerning the reallocation of
functions to Primary Care Trusts).
Adoption and Children Act 2002 (c. 38)
25
105
The Adoption and Children Act 2002 is amended as follows.
106
In section 4 (assessments etc for adoption support services), in subsection
(9)—
(a)
before paragraph (a) insert—
“(za)
there may be a need for the provision to that person of
30
services that may be provided pursuant to
arrangements made by a clinical commissioning
group under the National Health Service Act 2006
(including by virtue of section 7A of that Act),”,
(b)
in paragraph (a) omit “a Primary Care Trust”, and
35
(c)
in the text following paragraph (b)—
(i)
after “notify that” insert “clinical commissioning group,”, and
(ii)
omit “Primary Care Trust,”.
107
In section 8 (bodies which cannot be adoption support agencies), in
subsection (2)—
40

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
352

(a)
before paragraph (d) insert—
“(ca)
the National Health Service Commissioning Board,”,
and
(b)
in paragraph (d)—
(i)
omit “, Primary Care Trust”, and
5
(ii)
before “(in Wales,” insert “, clinical commissioning group”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
108
In section 133(4) of the Nationality, Immigration and Asylum Act 2002
(power of medical inspector to disclose information to health service
bodies), in paragraph (a)—
10
(a)
omit sub-paragraph (i),
(b)
before sub-paragraph (ii) insert—
“(ia)
the National Health Service Commissioning
Board,
(ib)
a clinical commissioning group established
15
under section 14D of the National Health
Service Act 2006,
(ic)
a local authority in relation to the exercise of
functions under section 2B or 111 of, or any of
paragraphs 1 to 7B or 13 of Schedule 1 to, the
20
National Health Service Act 2006,”, and
(c)
omit sub-paragraph (iii).
Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
109
The Community Care (Delayed Discharges etc.) Act 2003 is amended as
follows.
25
110
In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in
subsection (1), in the definition of “NHS body” in paragraph (b) omit “a
Primary Care Trust (in England) or”.
111
In section 9 (dispute resolution)—
(a)
in subsection (1) omit “by Strategic Health Authorities in England
30
and”,
(b)
at the end of that subsection insert “in relation to Wales”,
(c)
in subsection (2) omit —
(i)
“Strategic Health Authority or”, and
(ii)
“Authority or”,
35
(d)
in subsection (3)—
(i)
for “the appropriate Minister considers” substitute “the
Welsh Ministers consider”,
(ii)
omit “a Strategic Health Authority or”, and
(iii)
omit “Authority or”, and
40
(e)
in subsection (4)(a) omit “Strategic Health Authority or”.
Licensing Act 2003 (c. 17)
112
The Licensing Act 2003 is amended as follows.
113
In section 5(3) (statement of licensing policy)—