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”.

 
 

 
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Revised 15 March 2012