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Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 1 — Amendments of the National Health Service Act 2006

401

 

Schedule 14

Section 179

 

Abolition of NHS trusts in England: consequential amendments

Part 1

Amendments of the National Health Service Act 2006

1          

The National Health Service Act 2006 is amended as follows.

5

2          

In section 4(2) (definition of “high security psychiatric services”), omit “and

paragraph 15 of Schedule 4 (NHS trusts)”.

3          

In section 8(2) (bodies to whom Secretary of State may give directions), omit

paragraph (c).

4          

In section 9 (NHS contracts), omit subsection (3).

10

5          

In section 40 (power of Secretary of State to give financial assistance to NHS

foundation trusts), for subsection (4) substitute—

“(4)   

For the purposes of subsection (3), an agreement is an externally

financed development agreement if it is certified as such by the

Secretary of State.

15

(4A)   

The Secretary of State may give a certificate under subsection (4) if—

(a)   

in the opinion of the Secretary of State, the purpose or main

purpose of the agreement is the provision of facilities or

services in connection with the discharge by the NHS

foundation trust of any of its functions, and

20

(b)   

a person proposes to make a loan to, or provide any other

form of finance for, another party in connection with the

agreement.

(4B)   

In subsection (4A)(b), “another party” means any party to the

agreement other than the NHS foundation trust.”

25

6          

In section 42 (public dividend capital), after subsection (1) insert—

“(1A)   

The reference in subsection (1) to an NHS trust is a reference to an

NHS trust which was established under section 25 of this Act before

its repeal by section 179 of the Health and Social Care Act 2012.”

7          

In section 51 (trust funds and trustees), omit subsection (4).

30

8          

In section 56 (mergers of NHS foundation trusts)—

(a)   

in subsection (1)(b) (as amended by section 168(1)(a)), omit “or an

NHS trust established under section 25”, and

(b)   

in subsection (1A) (as inserted by section 168(2)), omit “(that is an

NHS foundation trust)”.

35

9          

In section 56A (acquisitions of NHS foundation trusts) (as inserted by

section 169)—

(a)   

in subsection (1)(b), omit “or an NHS trust established under section

25”,

(b)   

in subsection (2), omit “(that is an NHS foundation trust)”, and

40

(c)   

in subsection (3), omit paragraph (a) (and the following “and”).

 
 

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 1 — Amendments of the National Health Service Act 2006

402

 

10         

In section 57 (mergers, acquisitions and separation of NHS foundation

trusts) (as amended by sections 172 and 173(2)(a))—

(a)   

in subsection (3)(a), omit “, an NHS trust established under section

25”,

(b)   

in subsection (4), omit “or an NHS trust established under section

5

25”, and

(c)   

omit subsection (5).

11         

In section 65(1) (interpretation for provisions about NHS foundation trusts),

in the definition of “health service body”, omit “an NHS trust,”.

12         

In section 65A(1) (application of trust special administration regime), omit

10

paragraph (a).

13    (1)  

Omit section 65B (appointment of trust special administrator in relation to

NHS trust).

      (2)  

In consequence of that repeal, omit section 174(2) of this Act.

14         

Omit section 65C (suspension of directors of NHS trust).

15

15    (1)  

Section 65F (special administrator’s draft report) is amended as follows.

      (2)  

In subsection (1), for “the Secretary of State”, in each place it appears,

substitute “the regulator”.

      (3)  

In subsection (2)(b)—

(a)   

omit “goods or”, and

20

(b)   

for “the Secretary of State” substitute “the regulator”.

      (4)  

After subsection (2) insert—

“(2A)   

The administrator may not provide the draft report to the regulator

under subsection (1)—

(a)   

without having obtained from each commissioner a

25

statement that the commissioner considers that the

recommendation in the draft report would achieve the

objective set out in section 65DA, or

(b)   

where the administrator does not obtain a statement to that

effect from one or more commissioners (other than the

30

Board), without having obtained a statement to that effect

from the Board.

(2B)   

Where the Board decides not to provide to the administrator a

statement to that effect, the Board must—

(a)   

give a notice of the reasons for its decision to the

35

administrator and to the regulator;

(b)   

publish the notice;

(c)   

lay a copy of it before Parliament.

(2C)   

In subsection (2A), “commissioner” means a person to which the

trust provides services under this Act.”

40

      (5)  

In subsection (3), for “the Secretary of State” substitute “the regulator”.

      (6)  

Omit subsections (4) to (7).

      (7)  

In consequence of those repeals, omit section 176(2) of this Act.

 
 

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 1 — Amendments of the National Health Service Act 2006

403

 

16         

In section 65G (consultation plan), in subsection (4), omit “In the case of an

NHS foundation trust,”.

17    (1)  

Section 65H (consultation on draft report) is amended as follows.

      (2)  

In subsection (7)—

(a)   

in paragraph (b), omit “goods or”, and

5

(b)   

in paragraphs (c) and (d), for “the Secretary of State” substitute “the

regulator”.

      (3)  

In subsection (10), for “The Secretary of State” substitute “The regulator”.

      (4)  

After that subsection insert —

“(10A)   

The Secretary of State may direct the regulator as to persons from

10

whom it should direct the administrator under subsection (10) to

request or seek a response.”

      (5)  

Omit subsections (12) and (13).

      (6)  

In consequence of those repeals, omit section 176(7) of this Act.

18    (1)  

Section 65I (administrator’s final report) is amended as follows.

15

      (2)  

In subsection (1), for “the Secretary of State”, in each place it appears,

substitute “the regulator”.

      (3)  

In subsection (3), for “the Secretary of State” substitute “the regulator”.

      (4)  

Omit subsection (4).

      (5)  

In consequence of that repeal, omit section 176(8) of this Act.

20

19    (1)  

Section 65J (power to extend time limits) is amended as follows.

      (2)  

In subsection (2), for “the Secretary of State”, in each place it appears,

substitute “the regulator”.

      (3)  

Omit subsection (5).

      (4)  

In consequence of that repeal, omit section 176(9) of this Act.

25

20    (1)  

Omit section 65K (decision on action to take in relation to the trust) and the

preceding cross-heading.

      (2)  

In consequence of those repeals, omit section 177(1) of this Act.

21    (1)  

Section 65KA (regulator’s decision in case of NHS foundation trust) is

amended as follows.

30

      (2)  

In subsection (1), omit “relating to an NHS foundation trust”.

      (3)  

In subsection (5), for “the trust” substitute “the NHS foundation trust in

question”.

      (4)  

For the title to that section substitute “The regulator’s decision”.

      (5)  

Before that section, insert as a cross-heading “Action by the regulator and

35

the Secretary of State”.

22    (1)  

Section 65L (trusts coming out of administration) is amended as follows.

      (2)  

In subsection (1)—

 
 

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 1 — Amendments of the National Health Service Act 2006

404

 

(a)   

for “65K” substitute “65KB(2) or 65KD(2) or (9)”, and

(b)   

for “the trust” substitute “the NHS foundation trust in question”.

      (3)  

In subsection (2)—

(a)   

for “The Secretary of State” substitute “The regulator”, and

(b)   

for “and directors” substitute “, directors and governors”.

5

      (4)  

Omit subsections (2A), (2B) and (6).

      (5)  

In consequence of the repeal of subsections (2A) and (2B) of that section,

omit section 177(3) of this Act.

23    (1)  

Section 65M (replacement of special administrator) is amended as follows.

      (2)  

In subsection (1), for “the Secretary of State”, in each place it appears,

10

substitute “the regulator”.

      (3)  

In subsection (2), for “the Secretary of State” substitute “the regulator”.

      (4)  

Omit subsection (3).

      (5)  

In consequence of that repeal, omit section 178(1) of this Act.

24    (1)  

Section 65N (guidance) is amended as follows.

15

      (2)  

In subsection (1), for “The Secretary of State” substitute “The regulator”.

      (3)  

Omit subsection (4).

      (4)  

In consequence of that repeal, omit section 178(3) of this Act.

25         

In section 66 (intervention orders) (as amended by paragraph 8(1) of

Schedule 21), in subsection (1), omit paragraph (a) and the “and” following

20

it.

26         

In section 68 (default powers) (as amended by paragraph 10(1) of Schedule

21), in subsection (1), omit paragraph (a).

27    (1)  

In section 70(1) (transfer of residual liabilities of certain NHS bodies), omit

“an NHS trust or”.

25

      (2)  

For the title to section 70 substitute “Transfer of residual liabilities of Special

Health Authorities”.

28         

In section 71 (schemes for meeting losses etc. of certain health bodies) (as

amended by paragraph 19 of Schedule 4)—

(a)   

in subsection (2), omit paragraph (c),

30

(b)   

in subsections (3) and (6), omit “NHS trust,”, and

(c)   

in subsection (5), omit “(c),”.

29         

In section 77 (Care Trusts)—

(a)   

in subsection (1)(a) omit “an NHS Trust or”, and

(b)   

in subsections (10) and (12) omit “NHS trust or”.

35

30         

Omit sections 78 and 79 (directed partnership arrangements).

31         

In section 185(2) (charges for more expensive supplies), omit “an NHS trust”.

32         

In section 186(2) (charges for repairs and replacements in certain cases), omit

“an NHS trust”.

 
 

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts

405

 

33         

In section 196(3) (bodies to which provisions about protection from fraud

etc. relate), omit paragraph (d).

34         

In section 217(1) (supplementary provisions about trusts), omit paragraph

(h).

35         

In section 242 (public involvement and consultation)—

5

(a)   

in subsection (1)(b), for “relevant Welsh bodies” substitute “NHS

trusts”,

(b)   

in subsection (1A), in the definition of “relevant English body”, omit

paragraph (c),

(c)   

in that subsection, omit the definition of “relevant Welsh body”, and

10

(d)   

in subsection (2), for “relevant Welsh body” substitute “NHS trust”.

36         

In section 272 (orders, regulations, rules and directions)—

(a)   

in subsection (3), omit paragraph (e), and

(b)   

omit subsection (5).

37         

In section 275 (interpretation), in subsection (1), in the definition of “NHS

15

trust”, for “includes” substitute “means”.

38         

In section 276 (index of defined expressions), omit the entry for “NHS trust

order”.

39    (1)  

Schedule 15 (accounts and audit) is amended as follows.

      (2)  

In paragraph 1—

20

(a)   

in sub-paragraph (1) omit paragraphs (d) and (e), and

(b)   

omit sub-paragraph (3).

      (3)  

In paragraph 4(1), omit paragraph (b) and the “or” which precedes it.

      (4)  

In paragraph 5—

(a)   

in sub-paragraph (1) for “neither a Special Health Authority nor

25

NHS Direct” substitute “not a Special Health Authority”, and

(b)   

in sub-paragraph (3) for “NHS body that is a Special Health

Authority or NHS Direct” substitute “Special Health Authority”.

      (5)  

In paragraph 6—

(a)   

in sub-paragraph (1) for “an NHS body that is a Special Health

30

Authority or NHS Direct” substitute “a Special Health Authority”,

and

(b)   

in sub-paragraph (3) for “body” substitute “Special Health

Authority”.

40         

In consequence of the repeal of section 56(6) by section 168(6) of this Act,

35

omit paragraph 84 of Schedule 5 to the Health and Social Care Act 2008.

Part 2

Amendments of other Acts

Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

41         

In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936

40

(definitions), in the definition of “NHS trust” omit “the National Health

Service Act 2006 or”.

 
 

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts

406

 

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

42         

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960

(bodies to which the Act applies), in paragraph 1(l) omit “section 25 of the

National Health Service Act 2006 or”.

Abortion Act 1967 (c. 87)

5

43         

In section 1(3) of the Abortion Act 1967 (location of treatment for termination

of pregnancy) after “National Health Service trust” insert “established under

section 18 of the National Health Service (Wales) Act 2006 or the National

Health Service (Scotland) Act 1978”.

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

10

44         

In section 3(2)(a) of the Employers’ Liability (Compulsory Insurance) Act

1969 (NHS bodies exempted from insurance requirement), omit “section 25

of the National Health Service Act 2006,”.

Local Government Act 1972 (c. 70)

45         

In section 113(4) of the Local Government Act 1972 (placing of staff of local

15

authorities at disposal of NHS trusts), omit “section 25 of the National

Health Service Act 2006 or”.

House of Commons Disqualification Act 1975 (c. 24)

46         

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(offices disqualifying for membership of the House), in the entry for

20

National Health Service trusts omit “the National Health Service Act 2006

or”.

Acquisition of Land Act 1981 (c. 67)

47         

The Acquisition of Land Act 1981 is amended as follows.

48         

In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase),

25

omit “section 25 of the National Health Service Act 2006 or”.

49         

In section 17(4) (special parliamentary procedure applying to compulsory

purchase orders concerning NHS trusts’ land), in paragraph (aa) of the

definition of “statutory undertakers” omit “section 25 of the National Health

Service Act 2006 or”.

30

Mental Health Act 1983 (c. 20)

50         

In section 139(4) of the Mental Health Act 1983 (exemption from protection

for acts done in pursuance of the Act), omit “the National Health Service Act

2006 or”.

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

35

51         

In section 2(5) of the Disabled Persons (Services, Consultation and

Representation) Act 1986 (rights of authorised representatives of disabled

persons), in paragraph (a) omit “that Act or”.

 
 

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts

407

 

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

52         

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

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

(6) omit “section 25 of the National Health Service Act 2006,”.

Health and Medicines Act 1988 (c. 49)

5

53         

In section 7(3) of the Health and Medicines Act 1988 (powers to give

directions in relation to financing of the NHS), in paragraph (i) omit “an

NHS trust or”.

Road Traffic Act 1988 (c. 52)

54         

In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances

10

to requirement for third party insurance), omit “section 25 of the National

Health Service Act 2006,”.

Access to Health Records Act 1990 (c. 23)

55         

In section 11 of the Access to Health Records Act 1990 (interpretation), in the

definition of “health service body”, in paragraph (d), omit “section 25 of the

15

National Health Service Act 2006 or”.

Water Industry Act 1991 (c. 56)

56         

In Schedule 4A to the Water Industry Act 1991 (premises not to be

disconnected for non-payment), in paragraph 16 omit “the National Health

Service Act 2006 or”.

20

London Local Authorities Act 1991 (c. xiii)

57         

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

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

“section 25 of that Act or”.

Social Security Contributions and Benefits Act 1992 (c. 4)

25

58         

The Social Security Contributions and Benefits Act 1992 is amended as

follows.

59         

In section 163(6) (interpretation of Part 11), omit “the National Health

Service Act 2006,”.

60         

In section 171(3) (interpretation of Part 12), omit “the National Health

30

Service Act 2006,”.

61         

In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National

Health Service Act 2006,”.

62         

In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National

Health Service Act 2006,”.

35

 
 

 
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