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
353

(a)
in paragraph (ba) omit “Primary Care Trust or”, and
(b)
after that paragraph insert—
“(bb)
each local authority in England whose public health
functions within the meaning of the National Health
Service Act 2006 are exercisable in respect of an area
5
any part of which is in the licensing authority’s area,”.
114
In section 13(4) (authorised persons, interested parties and responsible
authorities)—
(a)
in paragraph (ba) omit “Primary Care Trust or”, and
(b)
after that paragraph insert—
10
“(bb)
the local authority in England whose public health
functions within the meaning of the National Health
Service Act 2006 are exercisable in respect of any area
in which the premises are situated,”.
115
In section 16 (applicant for premises licence), in subsection (3), in the
15
definition of “health service body” omit paragraph (b).
116
In section 69(4) (authorised persons, interested parties and responsible
authorities)—
(a)
in paragraph (ba) omit “Primary Care Trust or”, and
(b)
after that paragraph insert—
20
“(bb)
the local authority in England whose public health
functions within the meaning of the National Health
Service Act 2006 are exercisable in respect of any area
in which the premises are situated,”.
117
In section 172B(4) (procedural requirements for early morning alcohol
25
restriction order)—
(a)
in paragraph (d) omit “Primary Care Trust or”, and
(b)
after that paragraph insert—
“(da)
the local authority in England whose public health
functions within the meaning of the National Health
30
Service Act 2006 are exercisable in respect of an area
any part of which is in the area specified in the
order,”.
Sexual Offences Act 2003 (c. 42)
118
In section 42 of the Sexual Offences Act 2003 (care workers: interpretation)
35
in subsection (5), in the definition of “National Health Service body”—
(a)
after paragraph (b) insert—
“(ba)
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 National Health Service
40
Act 2006,
(bb)
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 National Health Service
Act 2006,”, and
45
(b)
omit paragraph (c).

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
354

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
119
The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.
120
In section 45 (quality in health care), in subsection (4), omit “, or under
regulations under section 12A(4),”.
5
121
In section 71 (reporting to Secretary of State and regulator)—
(a)
in subsection (2), after “special measures” insert “or request another
person to take special measures”, and
(b)
omit subsections (3) and (4).
122
In section 113 (complaints about health care), in subsection (1), after
10
paragraph (c) insert—
“(d)
anything done by the National Health Service
Commissioning Board or a clinical commissioning group in
pursuance of arrangements made under section 7A of the
National Health Service Act 2006.”
15
123
In section 148 (interpretation of Part 2), in the definition of “English NHS
body”—
(a)
omit paragraph (a),
(b)
omit paragraph (b), and
(c)
before paragraph (d) insert—
20
“(ca)
the National Health Service Commissioning Board;
(cb)
a clinical commissioning group;”.
124
In section 160 (provision of information)—
(a)
in subsection (1), after paragraph (g) insert—
“(h)
if the injured person received NHS treatment
25
pursuant to arrangements made by a clinical
commissioning group under section 3 or 3A of the
National Health Service Act 2006, the clinical
commissioning group.”, and
(b)
in subsection (4), in the definition of “responsible body” omit
30
paragraph (a)(ii) and the word “or” preceding it.’.
125
In section 165 (power to apply provisions about recovery of charges to non-
NHS hospitals), in subsection (3)(b)—
(a)
omit sub-paragraph (i), and
(b)
before sub-paragraph (ii) insert—
35
“(ia)
the National Health Service Commissioning
Board,
(ib)
a clinical commissioning group,”.
Criminal Justice Act 2003 (c. 44)
126
In section 325 of the Criminal Justice Act 2003 (arrangements for assessing
40
etc risks posed by certain offenders)—
(a)
after subsection (6)(b) insert—
“(ba)
the National Health Service Commissioning Board,”,

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
355

(b)
after subsection (6)(d) insert—
“(da)
every local authority (in its capacity as a person
exercising functions for the purposes of the health
service) any part of whose area falls within the
relevant area,”,
5
(c)
in subsection (6)(f) omit “or Strategic Health Authority”, and
(d)
in subsection (6)(g)—
(i)
after “every” insert “clinical commissioning group or”, and
(ii)
omit “Primary Care Trust or”.
Carers (Equal Opportunities) Act 2004 (c. 15)
10
127   (1)
Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation
between authorities) is amended as follows.
      (2)
In subsection (2)(b) after “by” (in the second place it occurs) insert “or in
pursuance of arrangements made by”.
      (3)
In subsection (3) after “provide” insert “or arrange for the provision of”.
15
      (4)
In subsection (5)—
(a)
omit the “and” at the end of paragraph (c) and insert—
“(ca)
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 National Health Service
20
Act 2006,
(cb)
the National Health Service Commissioning Board,
and”, and
(b)
in paragraph (d)—
(i)
after “any” insert “clinical commissioning group,”, and
25
(ii)
omit “Primary Care Trust,”.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
128
In section 9 of the Domestic Violence, Crime and Victims Act 2004
(establishment and conduct of domestic homicide reviews), in the list in
subsection (4)(a)—
30
(a)
after the entry for local probation boards insert—
“the National Health Service Commissioning Board;
clinical commissioning groups established under
section 14D of the National Health Service Act 2006;”,
(b)
omit the entry for Strategic Health Authorities, and
35
(c)
omit the entry for Primary Care Trusts.
Children Act 2004 (c. 31)
129
The Children Act 2004 is amended as follows.
130
In section 10 (co-operation to improve wellbeing), in subsection (4)—
(a)
after paragraph (d) insert—
40
“(da)
the National Health Service Commissioning Board;”,

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
356

(b)
after paragraph (da) (as inserted by paragraph (a) above) insert—
“(db)
any clinical commissioning group for an area any part
of which falls within the area of the authority;”, and
(c)
omit paragraph (e).
131
In section 11 (arrangements to safeguard and promote welfare), in
5
subsection (1)—
(a)
after paragraph (b) insert—
“(ba)
the National Health Service Commissioning Board;”
(b)
after paragraph (ba) (as inserted by paragraph (a) above) insert—
“(bb)
a clinical commissioning group;”,
10
(c)
omit paragraph (c), and
(d)
omit paragraph (e).
132
In section 12A (establishment of children’s trust boards), after subsection (7)
at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.
133
In section 13 (establishment of Local Safeguarding Children Boards), in
15
subsection (3)—
(a)
after paragraph (d) insert—
“(da)
the National Health Service Commissioning Board;”,
(b)
after paragraph (da) (as inserted by paragraph (a) above) insert—
“(db)
any clinical commissioning group for an area any part
20
of which falls within the area of the authority;”, and
(c)
omit paragraph (e).
Civil Contingencies Act 2004 (c. 36)
134   (1)
Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2
responders) is amended as follows.
25
      (2)
In Part 1 (which contains the general list of Category 1 responders)—
(a)
after the cross-heading “Health” insert—
“4A
The National Health Service Commissioning Board.”, and
(b)
omit paragraph 7.
      (3)
In Part 3 (which contains the general list of Category 2 responders)—
30
(a)
after the cross-heading “Health” insert—
“29ZA
A clinical commissioning group established under section
14D of the National Health Service Act 2006.”, and
(b)
omit paragraph 29A.
Mental Capacity Act 2005 (c. 9)
35
135
The Mental Capacity Act 2005 is amended as follows.
136
In section 35 (appointment of independent mental capacity advocates)—
(a)
in subsection (1), for “appropriate authority” substitute “responsible
authority”,
(b)
in subsection (4), for “appropriate authority” substitute “responsible
40
authority”, and

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
357

(c)
after subsection (6) insert—
“(6A)
In subsections (1) and (4), “the responsible authority”
means—
(a)
in relation to the provision of the services of
independent mental capacity advocates in the area of
5
a local authority in England, that local authority, and
(b)
in relation to the provision of the services of
independent mental capacity advocates in Wales, the
Welsh Ministers.
(6B)
In subsection (6A)(a), “local authority” has the meaning
10
given in section 64(1) except that it does not include the
council of a county or county borough in Wales.”
137
In section 64 (interpretation), in subsection (1) in the definition of “local
authority”, after “except in” insert “section 35(6A)(a) and”.
138   (1)
Schedule A1 (hospital and care home residents: deprivation of liberty) is
15
amended as follows.
      (2)
In paragraph 176 (meaning of “managing authority”), in sub-paragraph
(1)—
(a)
in paragraph (a) omit “Primary Care Trust,”,
(b)
in that paragraph omit “Strategic Health Authority,”,
20
(c)
after that paragraph insert—
“(aa)
in relation to England, if the hospital falls within
paragraph (a)(i) or (ii) and no Special Health
Authority has responsibility for its administration,
the Secretary of State;”, and
25
(d)
in paragraph (b) omit “Primary Care Trust,”.
      (3)
In paragraph 180 (supervisory bodies: hospitals in England)—
(a)
for sub-paragraph (2) substitute—
    “(2)
If the relevant person is ordinarily resident in the area of a
local authority in England, the supervisory body are that
30
local authority.”,
(b)
in sub-paragraph (3), after “If” insert “the relevant person is not
ordinarily resident in England and”,
(c)
in sub-paragraph (4), for “the Primary Care Trust” substitute “the
local authority”,
35
(d)
after sub-paragraph (4) insert—
   “(4A)
“Local authority” means—
(a)
the council of a county;
(b)
the council of a district for which there is no county
council;
40
(c)
the council of a London borough;
(d)
the Common Council of the City of London;
(e)
the Council of the Isles of Scilly.”, and
(e)
in sub-paragraph (5), for “Primary Care Trusts” substitute “local
authorities”.
45
      (4)
In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
358

paragraph (3) substitute—
    “(3)
But if the relevant person is ordinarily resident in the area of a
local authority in England, the supervisory body are that local
authority.
      (4)
“Local authority” means—
5
(a)
the council of a county;
(b)
the council of a district for which there is no county
council;
(c)
the council of a London borough;
(d)
the Common Council of the City of London;
10
(e)
the Council of the Isles of Scilly.”
      (5)
Before paragraph 183 insert the following heading—
“Supervisory bodies: determination of place of ordinary residence”.
      (6)
In that paragraph—
(a)
in sub-paragraph (1), for “paragraph” substitute “paragraphs 180,
15
181 and”, and
(b)
in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to
any determination of where a person is ordinarily resident for the
purposes of paragraph 182”.
Childcare Act 2006 (c. 21)
20
139
In section 4 of the Childcare Act 2006 (duty of local authority and relevant
partners to work together), in subsection (1)—
(a)
before paragraph (a) insert—
“(za)
the National Health Service Commissioning Board;”,
and
25
(b)
in paragraph (a)—
(i)
at the beginning insert “a clinical commissioning group”,
(ii)
omit “a Strategic Health Authority”, and
(iii)
omit “or Primary Care Trust”.
Emergency Workers (Obstruction) Act 2006 (c. 39)
30
140
In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing
emergency workers)—
(a)
in subsection (5), in paragraph (a)—
(i)
after “Wales,” insert “the Secretary of State in the exercise of
public health functions, a local authority in the exercise of
35
public health functions, the National Health Service
Commissioning Board, a clinical commissioning group,”,
and
(ii)
omit “, Primary Care Trust”, and
(b)
after that subsection insert—
40
“(6)
In subsection (5)(a) above “public health functions”—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
359

(a)
in relation to the Secretary of State, has the same
meaning as in section 1H(5)(a) of the National Health
Service Act 2006;
(b)
in relation to a local authority, has the same meaning
as in section 1H(5)(b) of that Act.”
5
National Health Service (Consequential Provisions) Act 2006 (c. 43)
141
In Schedule 1 to the National Health Service (Consequential Provisions) Act
2006—
(a)
omit paragraphs 2(  b), 30 (and the cross-heading preceding it), 47(b),
54(b), 90(e), 112(a), 125(c), 141(a), 170(b), 179(b)(iv), 180(c), 211(d),
10
228(a), 233(c), 234(c), 271(c) and 294 (which make amendments
relating to Primary Care Trusts), and
(b)
omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a),
228(c), 233(a), 234(a) and 271(e) (which make amendments relating to
Strategic Health Authorities).
15
NHS Redress Act 2006 (c. 44)
142
The NHS Redress Act 2006 is amended as follows.
143
In section 1, in subsection (3)—
(a)
after paragraph (a) insert—
“(aa)
the National Health Service Commissioning Board,
20
(ab)
a clinical commissioning group,”,
(b)
omit paragraph (b),
(c)
omit paragraph (c), and
(d)
in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.
144
In section 18 (interpretation), in subsection (1) omit the definition of
25
“designated Strategic Health Authority”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
145
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
146
In section 6 (regulated activity providers)—
(a)
omit subsection (8D), and
30
(b)
before subsection (9) insert—
“(8E)
The National Health Service Commissioning Board or a
clinical commissioning group does not make arrangements
for another to engage in a regulated activity by virtue of
anything the Board or the clinical commissioning group does
35
under section 12A or 12D, or regulations under 12B, of the
National Health Service Act 2006 (direct payments for health
services).”
147
In section 17 (NHS employment) in subsection (3)—
(a)
before paragraph (a) insert—
40
“(za)
the National Health Service Commissioning Board;
(zb)
a clinical commissioning group;”,
(b)
omit paragraph (b), and