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 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
408

Health Service Commissioners Act 1993 (c. 46)
63
In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject
to investigation by the Commissioner), omit paragraph (d).
Vehicle Excise and Registration Act 1994 (c. 22)
64
In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle
5
exempt from vehicle excise duty), in paragraph 7(b) omit “the National
Health Service Act 2006,”.
Value Added Tax Act 1994 (c. 23)
65
The Value Added Tax Act 1994 is amended as follows.
66
In section 41(7) (definition of “government department”), for “Part I of that
10
Act” substitute “section 18 of the National Health Service (Wales) Act 2006”.
67
In Part 2 of Schedule 8 (zero-rated supply of goods and services)—
(a)
in the Notes for group 12 (drugs, medicines, aids for the
handicapped), in paragraph (e) of Note (5H) omit “the National
Health Service Act 2006 or”, and
15
(b)
in the Notes for group 15 (charities, etc.), in paragraph (i) of Note 4
for “Part I of the National Health Service and Community Care Act
1990” substitute “section 18 of the National Health Service (Wales)
Act 2006”.
Employment Rights Act 1996 (c. 18)
20
68
The Employment Rights Act 1996 is amended as follows.
69
In section 50(8)(a) (right of employees of NHS trusts to time off for public
duties), omit “section 25 of the National Health Service Act 2006,”.
70
In section 218(10)(c) (change of employer) omit “the National Health Service
Act 2006 or”.
25
Audit Commission Act 1998 (c. 18)
71
The Audit Commission Act 1998 is amended as follows.
72
Omit section 33(8)(c) (bodies not subject to certain Commission studies).
73
In section 53(1) (interpretation), in the definition of “health service body”
omit “or NHS Direct National Health Service Trust”.
30
Data Protection Act 1998 (c. 29)
74
In section 69(3) of the Data Protection Act 1998 (meaning of “health
professional”), in paragraph (f) omit “section 25 of the National Health
Service Act 2006,”.
Health Act 1999 (c. 8)
35
75
In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts
to public dividend capital), in subsection (5) after the definition of “initial
loan” insert—

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
409

““NHS trust” includes an NHS trust which was established (by virtue
of the National Health Service (Consequential Provisions) Act 2006)
under section 25 of the National Health Service Act 2006, prior to the
repeal of that section by section 179 of the Health and Social Care Act
2012.”
5
Greater London Authority Act 1999 (c. 29)
76
Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS
trusts to be included among relevant bodies for purposes of Mayor of
London’s health inequalities strategy).
Care Standards Act 2000 (c. 14)
10
77
The Care Standards Act 2000 is amended as follows.
78
In section 42(7) (power to extend application of Part 2), in paragraph (b) of
the definition of “Welsh NHS bodies” omit the words from “all or most” to
the end.
79
In Schedule 2A (persons subject to review by the Children’s Commissioner
15
for Wales), in paragraph 3 omit the words from “all or most” to the end.
80
In Schedule 2B (persons whose arrangements are subject to review by the
Children’s Commissioner for Wales), in paragraph 4 omit the words from
“all or most” to the end.
Freedom of Information Act 2000 (c. 36)
20
81
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales), in paragraph 40, omit “section 25 of the National
Health Service Act 2006 or”.
International Development Act 2002 (c. 1)
82
In Schedule 1 to the International Development Act 2002 (statutory bodies
25
who may exercise certain powers for the purpose of assisting countries
outside the UK), in the entry for National Health Service trusts, omit “the
National Health Service Act 2006,”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
83
In section 133(4) of the Nationality, Immigration and Asylum Act 2002
30
(power of medical inspector to disclose information to NHS trusts), in
paragraphs (a)(ii) and (b)(ii) omit “section 25 of the National Health Service
Act 2006 or”.
Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
84
In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003
35
(meaning of “NHS body”), in the definition of “NHS body”, after “a National
Health Service trust” insert “(in Wales)”.
Finance Act 2003 (c. 14)
85
The Finance Act 2003 is amended as follows.

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
410

86
In section 61(3) (bodies that are public authorities for purpose of
requirement to comply with planning obligations), under the heading
“Health: England and Wales”, in the entry for National Health Service trusts,
omit “section 25 of the National Health Service Act 2006 or”.
87
In section 66(4) (bodies that are public bodies for purpose of exemption for
5
transfers of land), under the heading “Health: England and Wales”, in the
entry for National Health Service trusts, omit “section 25 of the National
Health Service Act 2006 or”.
Licensing Act 2003 (c. 17)
88
In section 16(3) of the Licensing Act 2003 (bodies that may apply for
10
premises licence), in the definition of “health service body”, in paragraph (a),
omit “section 25 of the National Health Service Act 2006 or”.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
89
The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.
15
90
In section 148 (interpretation of Part 2)—
(a)
in the definition of “English NHS body” omit paragraph (c), and
(b)
in paragraph (b) of the definition of “Welsh NHS body”, omit the
words from “all or most” to the end.
91
In section 160 (provision of information in personal injury cases), in
20
subsection (4), in the definition of “ambulance trust”, in paragraph (a)(i),
omit “section 25 of the 2006 Act,”.
92
In section 162 (payment of NHS charges to hospitals or ambulance trusts), in
subsection (6), in the definition of “relevant ambulance trust”—
(a)
before paragraph (a) insert—
25
“(za)
in relation to England, means the NHS foundation
trust which is designated by the Secretary of State for
the purposes of this section in relation to the health
service hospital to which the injured person was
taken for treatment,”,
30
(b)
in paragraph (a) omit “England or”,
(c)
in sub-paragraph (i) of that paragraph omit “section 25 of the 2006
Act or”, and
(d)
omit sub-paragraph (ii) of that paragraph (and the preceding “or”).
93
In section 165 (power to apply provisions about recovery of charges to non
35
NHS hospitals), in subsection (3)(b)(ii) omit “section 25 of the 2006 Act,”.
Finance Act 2004 (c. 12)
94
In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the
definition of “NHS trust”, in paragraph (a) omit “section 25 of the National
Health Service Act 2006 or”.
40
Domestic Violence, Crime and Victims Act 2004 (c. 28)
95
In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004
(duty to have regard to guidance on conduct of domestic homicide reviews),

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
411

in the entry for NHS trusts omit “section 25 of the National Health Service
Act 2006 or”.
Children Act 2004 (c. 31)
96
The Children Act 2004 is amended as follows.
97
In section 11(1) (NHS trusts’ duty to promote the safety and welfare of
5
children), omit paragraph (f).
98
In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit
“an NHS trust and”.
99
In section 28(1) (arrangements to safeguard and promote welfare: Wales), in
paragraph (c) omit the words from “all or most” to the end.
10
Civil Contingencies Act 2004 (c. 36)
100
In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1
responders to emergencies), in paragraph 5 omit “section 25 of the 2006 Act,
or”.
National Health Service (Wales) Act 2006 (c. 42)
15
101
In section 206(1) of the National Health Service Act (Wales) 2006
(interpretation), omit the definition of “NHS trust”.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
102
In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act
2007 (duty of care in emergencies), in the definition of “relevant NHS body”,
20
in paragraph (a) omit “NHS trust,”.
Local Government and Public Involvement in Health Act 2007 (c. 28)
103
The Local Government and Public Involvement in Health Act 2007 is
amended as follows.
104
In section 222 (arrangements regarding local involvement networks)—
25
(a)
omit subsection (3)(b), and
(b)
omit subsection (4)(d).
105
In section 224(2) (duties of service-providers to local involvement networks),
omit paragraph (a).
106
In section 225(7) (duty to allow entry to local involvement networks), omit
30
paragraph (a).
Criminal Justice and Immigration Act 2008 (c. 4)
107
In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence
of causing nuisance or disturbance on NHS premises), in the definition of
“relevant English NHS body”—
35
(a)
omit paragraph (a), and
(b)
in paragraph (c), for “that Act” substitute “the National Health
Service Act 2006” (and omit the “or” preceding that paragraph).

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
412

Health and Social Care Act 2008 (c. 14)
108
The Health and Social Care Act 2008 is amended as follows.
109
In section 97(1) (general interpretation of Part 1)—
(a)
in the definition of “English NHS body” omit paragraph (c), and
(b)
in the definition of “English NHS provider” omit paragraph (b).
5
110
In section 153(1) (directing NHS bodies to exercise certain functions in
relation to financial assistance), omit paragraph (c).
Autism Act 2009 (c. 15)
111
In section 4(1) of the Autism Act 2009 (interpretation), in the definition of
“NHS body”, omit paragraph (c).
10
Health Act 2009 (c. 21)
112
The Health Act 2009 is amended as follows.
113
In section 2(2) (bodies with duty to have regard to NHS Constitution) omit
paragraph (c).
114
In section 8(2) (bodies with duty to publish information on quality of
15
services) omit paragraph (b).
Corporation Tax Act 2010 (c. 4)
115
In section 986 of the Corporation Tax Act 2010 (meaning of “health service
body”), in the table, in the entry for a National Health Service trust, omit
“section 25 of the National Health Service Act 2006 or”.
20
Equality Act 2010 (c. 15)
116
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public
sector equality duty), in the group of entries that includes entries for bodies
whose functions relate to the health service, omit the entry for an NHS trust.
Charities Act 2011 (c. 25)
25
117
The Charities Act 2011 is amended as follows.
118
In section 149 (audit or examination of English NHS charity accounts), in
subsection (7), omit paragraphs (c), (d) and (e).
119
In section 150 (audit or examination of Welsh NHS charity accounts), in
subsection (4)—
30
(a)
in paragraph (b), omit the words from “all or most” to the end,
(b)
in paragraph (c), omit “falling within paragraph (b)”, and
(c)
in paragraph (d), omit “such”.