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 6 — Part 1: transitional provision
367

treated for the purposes of subsection (4)(b) of section 3B as consultation
with the Board.
      (2)
If, at any time before the commencement of section 9, the Secretary of State
consults a Special Health Authority about the objectives or requirements to
be included in the first mandate published under section 13A of the 2006 Act
5
(as inserted by section 23), the consultation is to be treated for the purposes
of subsection (8)(a) of section 13A as consultation with the Board.
Directions under section 7 of the 2006 Act
3     (1)
This paragraph applies if section 21 is commenced before section 33(1).
      (2)
Until section 33(1) is commenced, section 7(1) of the 2006 Act has effect as if
10
after “Special Health Authority” there were inserted “or Strategic Health
Authority”.
      (3)
Sub-paragraph (4) applies in relation to any direction given under section
7(1) of the 2006 Act to a Strategic Health Authority which has effect
immediately before section 21 is commenced.
15
      (4)
Until section 33(1) is commenced, the direction continues to have effect as if
given to the Strategic Health Authority under section 7(1) of the 2006 Act (as
it has effect by virtue of sub-paragraph (2)).
      (5)
Sub-paragraph (6) applies in relation to any direction given under section
7(2) of the 2006 Act to a Special Health Authority in respect of the functions
20
of a Strategic Health Authority which has effect immediately before section
21 is commenced.
      (6)
Until section 33(1) is commenced, the direction continues to have effect as if
given to the Special Health Authority in respect of the functions of the
Strategic Health Authority under section 7(1) of the 2006 Act.
25
      (7)
Any reference in this paragraph to section 7(1) of the 2006 Act is a reference
to that provision as amended by section 21.
4     (1)
This paragraph applies if section 21 is commenced before section 34(1).
      (2)
Until section 34(1) is commenced, section 7(1) of the 2006 Act has effect as if
after “Special Health Authority” there were inserted “or Primary Care
30
Trust”.
      (3)
Sub-paragraph (4) applies in relation to any direction given under section
7(1) of the 2006 Act to a Primary Care Trust which has effect immediately
before section 21 is commenced.
      (4)
Until section 34(1) is commenced, the direction continues to have effect as if
35
given to the Primary Care Trust under section 7(1) of the 2006 Act (as it has
effect by virtue of sub-paragraph (2)).
      (5)
Sub-paragraph (6) applies in relation to any direction given under section
7(2) of the 2006 Act to a Special Health Authority in respect of the functions
of a Primary Care Trust which has effect immediately before section 21 is
40
commenced.
      (6)
Until section 34(1) is commenced, the direction continues to have effect as if
given to the Special Health Authority in respect of the functions of the
Primary Care Trust under section 7(1) of the 2006 Act.

Health and Social Care Bill
Schedule 6 — Part 1: transitional provision
368

      (7)
Any reference in this paragraph to section 7(1) of the 2006 Act is a reference
to that provision as amended by section 21.
5     (1)
Sub-paragraph (2) applies in relation to any direction given under section
7(1) of the 2006 Act to a Special Health Authority which has effect
immediately before section 21 is commenced.
5
      (2)
The direction continues to have effect on and after the commencement of
that section as if given under section 7(1) of the 2006 Act (as amended by
section 21).
      (3)
The amendment made by section 21(6) does not affect—
(a)
the validity of any direction made by an instrument in writing which
10
continues to have effect by virtue of sub-paragraph (2),
(b)
any power to vary such a direction otherwise than for the purpose of
directing the Special Health Authority concerned to exercise an
additional function, or
(c)
any power to revoke such a direction.
15
6
Any reference in paragraphs 3 to 5 to the commencement of section 21 is to
its commencement by virtue of an order under section 306(4) (and not to its
commencement for limited purposes by virtue of section 306(1)(d)).
Exercise of Secretary of State’s functions in relation to Primary Care Trusts
7     (1)
The Secretary of State may, at any time during the initial period, direct the
20
Board to exercise any functions of the Secretary of State that—
(a)
relate to Primary Care Trusts or Strategic Health Authorities, and
(b)
are specified in the direction.
      (2)
Sub-paragraph (1) does not apply to any power or duty of the Secretary of
State to make an order or regulations.
25
      (3)
Any rights acquired, or liabilities (including liabilities in tort) incurred, in
respect of the exercise by the Board of any function exercisable by it by virtue
of sub-paragraph (1) are enforceable by or against the Board (and no other
person).
Conditional establishment of clinical commissioning groups
30
8     (1)
Regulations may make provision authorising the Board to grant an initial
application where the Board is not satisfied as to the matters mentioned in
section 14C(2) of the 2006 Act.
      (2)
In the following provisions of this paragraph, any reference to the grant of
an initial application is a reference to the grant of such an application by
35
virtue of the regulations.
      (3)
The regulations may authorise the Board to impose conditions on the grant
of an initial application.
      (4)
The regulations may, in relation to a clinical commissioning group
established under section 14D of the 2006 Act on the grant of an initial
40
application, authorise the Board—
(a)
to direct the group not to exercise any functions specified in the
direction;

Health and Social Care Bill
Schedule 6 — Part 1: transitional provision
369

(b)
to give directions to the group about the exercise of any of its
functions.
      (5)
If the regulations authorise the Board to give a direction mentioned in sub-
paragraph (4)(a), they may also authorise or require the Board to—
(a)
exercise any functions specified in such a direction on behalf of the
5
clinical commissioning group;
(b)
arrange for another clinical commissioning group to exercise those
functions on behalf of the group.
      (6)
The 2006 Act applies in relation to a clinical commissioning group
established on the grant of an initial application with such modifications as
10
may be specified in the regulations.
      (7)
The regulations may, in particular, provide for the power in section 14Z21(7)
of the 2006 Act to be exercisable by the Board where a clinical commissioning
group is failing or has failed to comply with any conditions imposed by
virtue of the regulations.
15
      (8)
The regulations may make provision requiring the Board to keep under
review any conditions imposed or directions given by virtue of the
regulations.
      (9)
The regulations must make provision authorising the Board to vary or
remove any conditions imposed, or to vary or revoke any directions given,
20
by virtue of the regulations.
     (10)
The regulations may make provision—
(a)
as to factors which the Board must or may take into account in
deciding how to exercise any power conferred on the Board by the
regulations;
25
(b)
as to the procedure to be followed by the Board before exercising any
such power.
     (11)
Sub-paragraph (12) applies if all the conditions imposed and directions
given in relation to a clinical commissioning group are removed or (as the
case may be) revoked.
30
     (12)
In relation to any time after the day on which the clinical commissioning
group ceases to be subject to any conditions or directions, the group is to be
deemed to have been established by virtue of an application granted under
section 14C of the 2006 Act.
Exercise of functions of clinical commissioning groups during initial period
35
9     (1)
This paragraph applies to a clinical commissioning group if the application
for its establishment is granted under section 14C of the 2006 Act during the
initial period.
      (2)
The Board may direct that, during that period, the clinical commissioning
group may only exercise such of its functions as are specified in the
40
direction.

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Schedule 6 — Part 1: transitional provision
370

Preparatory work by clinical commissioning groups
10    (1)
This paragraph applies to a clinical commissioning group which is
prevented by a direction given by virtue of paragraph 8 or 9 of this Schedule
from exercising a function.
      (2)
The giving of the direction does not prevent the group from doing anything
5
that appears to it to be necessary or expedient for the purpose of preparing
it to exercise that function.
Arrangements between PCTs and clinical commissioning groups during initial period
11    (1)
A Primary Care Trust may at any time during the initial period make
arrangements with a clinical commissioning group under which the group
10
exercises any functions of the Primary Care Trust on its behalf.
      (2)
Any reference (however expressed) in the following provisions of Chapter
A2 of Part 2 of the National Health Service Act 2006 to the functions of a
clinical commissioning group includes a reference to the functions of a
Primary Care Trust that are exercisable by the group by virtue of sub-
15
paragraph (1)—
(a)
section 14P(1),
(b)
section 14Q,
(c)
section 14R(1),
(d)
section 14T,
20
(e)
section 14U(1),
(f)
section 14V,
(g)
section 14W(1),
(h)
section 14X,
(i)
section 14Y,
25
(j)
section 14Z(1) and (2),
(k)
section 14Z3(7).
(l)
section 14Z4(1),
(m)
section 14Z5(2),
(n)
section 14Z7(7) insofar as it defines “commissioning functions” in
30
section 14Z8,
(o)
sections 14Z17(1), 14Z19(1) and 14Z21(1) and (3),
(p)
in Schedule 1A, paragraphs 3(1) and (3), 6 and 12(9)(b).
      (3)
Arrangements made under sub-paragraph (1) do not affect the liability of
the Primary Care Trust for the exercise of any of its functions.
35
Power to make payments to the Board during initial period
12    (1)
The Secretary of State may make payments to the Board of such amounts as
the Secretary of State considers appropriate towards meeting the
expenditure of the Board which is attributable to the performance by it of its
functions during the initial period.
40
      (2)
Payments under sub-paragraph (1) may be made at such times and on such
terms and conditions as the Secretary of State considers appropriate.

Health and Social Care Bill
Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
371

Support for clinical commissioning groups during initial period
13    (1)
A Primary Care Trust may provide assistance or support to a clinical
commissioning group during the initial period.
      (2)
The assistance that may be provided includes—
(a)
financial assistance, and
5
(b)
making the services of the Trust’s employees or any other resources
of the Trust available to the group.
      (3)
Assistance or support provided under this paragraph may be provided on
such terms and conditions, including terms as to payment, as the Trust
considers appropriate.
10
      (4)
The Primary Care Trust may, in particular, impose restrictions on the use of
any financial or other assistance or support provided under this paragraph.
      (5)
A clinical commissioning group must comply with any restrictions imposed
under sub-paragraph (4).
Schedule 7
15
Section 56(4)

Abolition of the Health Protection Agency: consequential amendments
Parliamentary Commissioner Act 1967 (c. 13)
1
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation)—
(a)
omit the entry for the Health Protection Agency, and
20
(b)
in the Notes, omit the paragraph on the Health Protection Agency.
Superannuation Act 1972 (c. 11)
2
In Schedule 1 to the Superannuation Act 1972 (kinds of employment to
which a scheme under section 1 of that Act can apply), omit the entry for the
Health Protection Agency.
25
Local Government Act 1972 (c. 70)
3
In section 113 of the Local Government Act 1972 (placing of staff of local
authorities at disposal of other local authorities), in subsection (1A) omit
“the Health Protection Agency,” in each place it occurs.
Health and Safety at Work etc. Act 1974 (c. 37)
30
4
The Health and Safety at Work etc. Act 1974 is amended as follows.
5
In section 16 (approval of codes of practice), in subsection (2)(a) omit the
words from “(and, in particular,” to the end.
6
In section 50 (exercise of certain powers to make regulations), in subsection
(3)(a) omit the words from “, and, in the case of” to “the Health Protection
35
Agency”.

Health and Social Care Bill
Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
372

House of Commons Disqualification Act 1975 (c. 24)
7
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership of the House), omit the entry for the
chairman and any non-executive member of the Health Protection Agency.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
5
8
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (offices disqualifying for membership of the Assembly), omit the
entry for the chairman and any non-executive member of the Health
Protection Agency.
Employment Rights Act 1996 (c. 18)
10
9
In section 218 of the Employment Rights Act 1996 (change of employer), in
subsection (10) omit paragraph (dd).
Freedom of Information Act 2000 (c. 36)
10
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities), omit the entry for the Health Protection Agency.
15
International Development Act 2002 (c. 1)
11
In Schedule 1 to the International Development Act 2002 (statutory bodies
who may exercise certain powers for the purpose of assisting countries
outside the UK), omit the entry for the Health Protection Agency.
Nationality, Immigration and Asylum Act 2002 (c. 41)
20
12    (1)
Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power
of medical inspector to disclose information to health service bodies) is
amended as follows.
      (2)
In paragraph (a)—
(a)
before sub-paragraph (i) insert—
25
“(ai)
the Secretary of State,”, and
(b)
omit sub-paragraph (vi) and the “or” preceding it.
      (3)
In paragraph (b)—
(a)
after sub-paragraph (i) insert “or”, and
(b)
omit sub-paragraph (iv) and the “or” preceding it.
30
      (4)
In paragraph (c)—
(a)
before sub-paragraph (i) insert—
“(ai)
the Secretary of State,”,
(b)
after sub-paragraph (i) insert “or”, and
(c)
omit sub-paragraph (iii).
35
      (5)
In paragraph (d)—
(a)
after sub-paragraph (ii) insert—
“(iia)
the Regional Agency for Public Health and
Social Well-being established under section 12

Health and Social Care Bill
Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
373

of the Health and Social Care (Reform) Act
(Northern Ireland) 2009, or”, and
(b)
omit sub-paragraph (iv) and the “, or” preceding it.
Scottish Public Services Ombudsman Act 2002 (asp 11)
13
The Scottish Public Services Ombudsman Act 2002 is amended as follows.
5
14
In section 7 (matters which may be investigated: restrictions), omit
subsection (6A).
15
In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.
Civil Contingencies Act 2004 (c. 36)
16
In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category
10
1 responders) for paragraph 9 substitute—
“9
The Secretary of State, in so far as the functions of the Secretary of
State include responding to emergencies by virtue of —
(a)
the Secretary of State’s functions under section 2A of the
National Health Service Act 2006,
15
(b)
the Secretary of State’s functions under section 58 of the
Health and Social Care Act 2012 in so far as it applies in
relation to Wales or Scotland, or
(c)
arrangements made by the Welsh Ministers or Scottish
Ministers under which the Secretary of State exercises on
20
their behalf functions in relation to protecting the public in
Wales or Scotland from disease or other dangers to health.”
National Health Service Act 2006 (c. 41)
17
The National Health Service Act 2006 is amended as follows.
18
In section 9 (NHS contracts), in subsection (4) omit paragraph (j).
25
19
In section 71 (schemes for meeting losses and liabilities of certain health
bodies)—
(a)
in subsection (2) omit paragraph (g), and
(b)
in subsection (5) for “, (f) and (g)” substitute “and (f)”.
National Health Service (Wales) Act 2006 (c. 42)
30
20
The National Health Service (Wales) Act 2006 is amended as follows.
21
In section 7 (NHS contracts), in subsection (4) omit paragraph (j).
22
In section 30 (schemes for meeting losses and liabilities of certain health
bodies)—
(a)
after paragraph (b) insert “and”, and
35
(b)
omit paragraph (e) and the preceding “and”.