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
360

(c)
omit paragraph (f).
148   (1)
Section 21 (controlled activity relating to children) is amended as follows.
      (2)
In subsection (5)(a), omit “, or regulations under section 12A(4),”.
      (3)
In subsection (8)(aa), omit “, or under regulations under section 12A(4),”.
149
In section 22 (controlled activity relating to vulnerable adults), in subsection
5
(6) in the definition of “hospital services” omit paragraph (d).
150
In section 59 (vulnerable adults), in subsection (1)(ia), omit “, or under
regulations under section 12A(4),”.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
151
In section 6 of the Corporate Manslaughter and Corporate Homicide Act
10
2007 (emergencies), in subsection (7) in the definition of “relevant NHS
body”—
(a)
before paragraph (a) insert—
“(za)
the National Health Service Commissioning Board;”,
and
15
(b)
in paragraph (a)—
(i)
at the beginning insert “a clinical commissioning group,”
(ii)
omit “a Strategic Health Authority,”, and
(iii)
omit “Primary Care Trust,”.
Local Government and Public Involvement in Health Act 2007 (c. 28)
20
152
The Local Government and Public Involvement in Health Act 2007 is
amended as follows.
153   (1)
Section 222 (arrangements relating to local care services) is amended as
follows.
      (2)
In subsection (3)—
25
(a)
after paragraph (c) insert “or
(ca)
a clinical commissioning group.”,
(b)
omit paragraph (d), and
(c)
omit paragraph (e) and the preceding “or”.
      (3)
After that subsection insert—
30
“(3A)
The arrangements must not be made with the National Health
Service Commissioning Board.”
154
In section 224 (duties of services-providers to respond to local involvement
networks)—
(a)
for “services-provider”, in each place it appears, substitute
35
“responsible person”,
(b)
in subsection (2), before paragraph (a) insert—
“(za)
the National Health Service Commissioning Board;
(zb)
a clinical commissioning group;”,
(c)
in that subsection, omit paragraph (c), and
40
(d)
in the title, for “services-providers” substitute “responsible persons”.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
361

155
In section 225 (duties of services-providers to allow entry by local
involvement networks), in subsection (7), omit paragraph (c).
156
In section 227 (annual reports), in subsection (4)(b)—
(a)
omit “each Primary Care Trust,”,
(b)
omit “and”,
5
(c)
omit “each Strategic Health Authority,”, and
(d)
omit the words from “any” to the end.
Criminal Justice and Immigration Act 2008 (c. 4)
157
In section 119 of the Criminal Justice and Immigration Act 2008 (offence of
causing nuisance or disturbance on NHS premises), in subsection (4) in the
10
definition of “relevant English NHS body”, omit paragraph (b).
Health and Social Care Act 2008 (c. 14)
158
The Health and Social Care Act 2008 is amended as follows.
159
In section 30 (urgent procedure for cancellation), in subsection (3)—
(a)
before paragraph (a) insert—
15
“(za)
in any case where regulations so provide, to the
National Health Service Commissioning Board,”,
(b)
in paragraph (a)—
(i)
at the beginning insert “in any case where regulations so
provide,”,
20
(ii)
after “such” insert “clinical commissioning group”, and
(iii)
omit “Primary Care Trust”, and
(c)
omit paragraph (b).
160
In section 39 (bodies required to be notified of certain matters), in subsection
(1)—
25
(a)
before paragraph (a) insert—
“(za)
in any case where regulations so provide, to the
National Health Service Commissioning Board,”,
(b)
in paragraph (a)—
(i)
at the beginning insert “in any case where regulations so
30
provide,”,
(ii)
after “such” insert “clinical commissioning group”, and
(iii)
omit “Primary Care Trust”, and
(c)
omit paragraph (b).
161
In section 46 (reviews and investigations)—
35
(a)
omit subsection (1),
(b)
omit subsection (2), and
(c)
in subsections (4) and (6)(a), for “a body’s” substitute “a local
authority’s”.
162
In section 48 (special reviews and investigations)—
40
(a)
in subsection (2) after paragraph (b) (and before the “or”
immediately following it) insert—
“(ba)
the exercise of the functions of the National Health
Service Commissioning Board or a clinical

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
362

commissioning group in arranging for the provision
of NHS care under the National Health Service Act
2006,”, and
(b)
in subsection (8) omit paragraph (a) and the word “or” immediately
following it.
5
163
In section 49 (power to extend periodic review function), in subsection (3)—
(a)
omit “a Primary Care Trust,”, and
(b)
omit “another English NHS provider or”.
164
In section 54 (studies as to economy, efficiency etc)—
(a)
omit subsection (2)(b), and
10
(b)
in subsection (5) after “reference to” insert “the National Health
Service Commissioning Board, a clinical commissioning group or”.
165
In section 59 (additional functions) at the end insert—
“(3)
The references in subsection (1) to English NHS bodies do not
include references to the National Health Service Commissioning
15
Board or clinical commissioning groups.”
166
In section 64 (power to require documents and information), in subsection
(2)(b)—
(a)
after “commissioned by” insert “—
(i)
the National Health Service Commissioning
20
Board,
(ii)
a clinical commissioning group, or
(iii)
”, and
(b)
omit “a Primary Care Trust”.
167
In section 70 (co-operation between the Care Quality Commission and the
25
Independent Regulator of NHS foundation trusts, in subsection (3)(a) omit
“section 46 or”.
168
In section 72 (provision of material to the Comptroller and Auditor
General)—
(a)
omit paragraph (a), and
30
(b)
in paragraph (b), for “such a body” substitute “an English NHS
body”.
169
In section 81 (publication of programme of reviews etc), in subsection (2)
after paragraph (a) and before the “and” immediately following it insert—
“(aa)
the National Health Service Commissioning Board,”.
35
170   (1)
Section 97 (general interpretation of Part 1) is amended as follows.
      (2)
In subsection (1) in the definition of “English NHS body”—
(a)
omit paragraph (a),
(b)
omit paragraph (b), and
(c)
before paragraph (d) insert—
40
“(ca)
the National Health Service Commissioning
Board,
(cb)
a clinical commissioning group,”.
      (3)
In that subsection in the definition of “English NHS provider” omit
paragraph (a).
45

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
363

      (4)
In that subsection in the definition of “NHS care”—
(a)
after “health care” insert “—
(a)
commissioned by the National Health Service
Commissioning Board or by a clinical
commissioning group (whether from an
5
English NHS provider or not), or
(b)
”, and
(b)
omit from “provided by” to the end.
      (5)
After subsection (2) insert—
“(2A)
Any reference in this Part to health care commissioned by the
10
National Health Service Commissioning Board or by a clinical
commissioning group is a reference to health care provided by other
persons pursuant to arrangements made by the Board or a clinical
commissioning group under the National Health Service Act 2006
(including arrangements so made by virtue of section 7A of that
15
Act).”
      (6)
Omit subsection (3).
171
In section 153 (directions to certain NHS bodies) in subsection (1)—
(a)
omit paragraph (a), and
(b)
omit paragraph (b).
20
Education and Skills Act 2008 (c. 25)
172
The Education and Skills Act 2008 is amended as follows.
173
In section 16 (supply of information by public bodies), in subsection (2)—
(a)
omit paragraph (c),
(b)
omit paragraph (d), and
25
(c)
before paragraph (e) insert—
“(da)
a clinical commissioning group,”.
174
In section 77 (supply of information by public bodies), in subsection (2)—
(a)
omit paragraph (c),
(b)
omit paragraph (d), and
30
(c)
before paragraph (e) insert—
“(da)
a clinical commissioning group,”.
Autism Act 2009 (c. 15)
175
In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the
definition of “NHS body”—
35
(a)
omit paragraph (a),
(b)
omit paragraph (b), and
(c)
before paragraph (d) insert—
“(ca)
the National Health Service Commissioning
Board;
40
(cb)
a clinical commissioning group;”.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
364

Local Democracy, Economic Development and Construction Act 2009 (c. 20)
176
In section 123 of the Local Democracy, Economic Development and
Construction Act 2009 (partner authorities), in subsection (2)—
(a)
after paragraph (h) insert—
“(ha)
a clinical commissioning group;”, and
5
(b)
omit paragraph (i).
Health Act 2009 (c. 21)
177
The Health Act 2009 is amended as follows.
178
In each of the following provisions for “NHS services” substitute “health
services”—
10
(a)
the title to Part 1,
(b)
section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and
(c)
the definitions of “carers”, “patients” and “staff” in section 3(7).
179   (1)
Section 2 (duty to have regard to NHS constitution) is amended as follows.
      (2)
In subsection (1), for “NHS functions” substitute “health service functions”.
15
      (3)
In subsection (2)—
(a)
omit paragraph (a),
(b)
omit paragraph (b), and
(c)
before paragraph (d) insert—
“(ca)
the National Health Service Commissioning Board;
20
(cb)
clinical commissioning groups;
(cc)
local authorities (within the meaning of section 2B of
the National Health Service Act 2006);”.
      (4)
In subsection (3), for “an “NHS function”” substitute “a “health service
function””.
25
      (5)
In subsection (4)—
(a)
before paragraph (a) insert—
“(za)
provides health services under arrangements made
by the National Health Service Commissioning Board
or a clinical commissioning group under or by virtue
30
of section 3, 3A, 3B or 4 of, or Schedule 1 to, the
National Health Service Act 2006,”,
(b)
omit the word “or” at the end of paragraph (a), and
(c)
after paragraph (b) insert ‘, or
(c)
provides health services under arrangements made
35
by a local authority for the purposes of its functions
under or by virtue of section 2B or 6C(1) of, or
Schedule 1 to, that Act.”
      (6)
In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za),
(a), (b) or (c)”.
40
180   (1)
Section 3 (availability and review of NHS constitution) is amended as
follows.
      (2)
In subsection (3), omit paragraph (d).

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
365

      (3)
Omit subsection (8).
181   (1)
Section 8 (duty of providers to publish information) is amended as follows.
      (2)
In subsection (1) for “NHS services” (in each place where it occurs) substitute
“relevant health services”.
      (3)
Omit subsection (2)(a).
5
      (4)
In subsection (3) for paragraphs (a) to (c) substitute—
“(a)
provides health services as mentioned in section 2(4)(za) or
(a), or
(b)
in pursuance of a contract, agreement or arrangements as
mentioned in section 2(4)(za) or (a), makes arrangements for
10
another person to provide health services,”.
      (5)
For subsection (6) substitute—
“(6)
In this section—
“health services” has the same meaning as in Chapter 1;
“relevant health services” means health services the provision
15
of which is arranged by the National Health Service
Commissioning Board or a clinical commissioning group
under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1
to, the National Health Service Act 2006 or under or by virtue
of Parts 4 to 7 of that Act.”
20
182
In section 9 (supplementary provision about the duty to publish
information), in subsection (3), for “a Strategic Health Authority” substitute
“Monitor”.
183
In section 36 (disclosure of information by Her Majesty’s Revenue and
Customs), in subsection (3) after paragraph (a) insert—
25
“(aa)
the National Health Service Commissioning Board;”.
Equality Act 2010 (c. 15)
184
The Equality Act 2010 is amended as follows.
185
In section 1 (public sector duty regarding socio-economic inequalities), in
subsection (3)—
30
(a)
omit paragraph (h), and
(b)
omit paragraph (i).
186
In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the
group of entries that includes entries for bodies whose functions relate to the
health service—
35
(a)
at the beginning insert—
      “The National Health Service Commissioning Board.
       A clinical commissioning group established under section 14D of the
   National Health Service Act 2006.”,
(b)
in the entry for an NHS trust, for “that Act” substitute “the National
40
Health Service Act 2006”,
(c)
omit the entry for a Primary Care Trust, and
(d)
omit the entry for a Strategic Health Authority.

Health and Social Care Bill
Schedule 6 — Part 1: transitional provision
366

Child Poverty Act 2010 (c. 9)
187
In section 20 of the Child Poverty Act 2010 (partner authorities), in
subsection (2)—
(a)
after paragraph (e) insert—
“(ea)
a clinical commissioning group;”,
5
(b)
omit paragraph (f), and
(c)
omit paragraph (g).
Charities Act 2011 (c. 25)
188
In section 149 of the Charities Act 2011 (audit or examination of English NHS
charity accounts), in subsection (7)—
10
(a)
omit paragraph (a),
(b)
omit paragraph (b),
(c)
before paragraph (c) insert—
“(ba)
the National Health Service Commissioning Board,
(bb)
a clinical commissioning group,
15
(bc)
trustees for the National Health Service
Commissioning Board appointed in pursuance of
paragraph 11 of Schedule A1 to the National Health
Service Act 2006, or
(bd)
trustees for a clinical commissioning group appointed
20
in pursuance of paragraph 15 of Schedule 1A to that
Act,”, and
(d)
omit paragraph (f).
Schedule 6
Section 55(3)

Part 1: transitional provision
25
Interpretation
1     (1)
This paragraph applies for the purposes of this Schedule.
      (2)
“The initial period” means the period that—
(a)
begins with the commencement of section 25, and
(b)
ends with the day specified by the Secretary of State for the purposes
30
of section 14A of the 2006 Act (as inserted by section 25).
      (3)
“An initial application” means an application under section 14B of that Act
which is made during the initial period.
      (4)
“The Board” means the National Health Service Commissioning Board.
      (5)
“The 2006 Act” means the National Health Service Act 2006.
35
Modification of requirements as to consultation
2     (1)
If, at any time before the commencement of section 9, the Secretary of State
consults a Special Health Authority as to the making of regulations under
section 3B of the 2006 Act (as inserted by section 15), the consultation is to be