Session 2010 - 12
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Health and Social Care Bill


Health and Social Care Bill
Schedule 21 — Amendments relating to relationships between the health services

441

 

      (2)  

In consequence of those repeals, in Schedule 14 to the Health and Social Care

Act 2008, omit paragraphs 2 to 4 (and the cross-heading preceding each of

those paragraphs).

10    (1)  

In section 271 of the National Health Service Act 2006 (territorial limit of

exercise of functions), in subsection (3), omit paragraph (fa).

5

      (2)  

In consequence of that repeal, in Schedule 14 to the Health and Social Care

Act 2008, omit paragraph 5 (and the preceding cross-heading).

11         

In consequence of the repeal made by section 280(2), omit sections 157(1) and

158 of the Health and Social Care Act 2008.

Savings

10

12    (1)  

Anything which is in the process of being done by the National Information

Governance Board for Health and Social Care under an enactment

immediately before abolition may be continued by the Secretary of State.

      (2)  

Despite section 280(2), section 250D of the National Health Service Act 2006

(annual report) is to continue to have effect for the purpose of imposing the

15

duty under subsection (1)(a); and for that purpose—

(a)   

if abolition is to occur at a time other than immediately after the end

of a reporting year within the meaning of that section, the period that

begins with the 1 April before abolition and ends with abolition is to

be treated as a reporting year for the purposes of that section, and

20

(b)   

the duty under subsection (1)(a) of that section must be discharged

by the Secretary of State.

      (3)  

Anything which the Board is required to do under an enactment before

abolition may, in so far as it has not been done by the Board, be done by the

Secretary of State after abolition.

25

      (4)  

In this paragraph—

“abolition” means the commencement of section 280(1);

“enactment” includes an enactment contained in subordinate

legislation (within the meaning of the Interpretation Act 1978).

Schedule 21

30

Section 297

 

Amendments relating to relationships between the health services

National Health Service (Scotland) Act 1978 (c. 29)

1          

The National Health Service (Scotland) Act 1978 is amended as follows.

2     (1)  

Section 17A (NHS contracts) is amended as follows.

      (2)  

In subsection (1), in paragraph (b) for “(q)” substitute “(s)”.

35

      (3)  

In subsection (2)—

(a)   

after paragraph (c) insert —

“(ca)   

the Scottish Ministers;”,

 
 

Health and Social Care Bill
Schedule 21 — Amendments relating to relationships between the health services

442

 

(b)   

for paragraph (f) substitute—

“(f)   

Local Health Boards established under section 11 of

the National Health Service (Wales) Act 2006;”,

(c)   

for paragraph (ff) substitute—

“(fa)   

Special Health Authorities established under section

5

28 of the National Health Service Act 2006;

(fb)   

Special Health Authorities established under section

22 of the National Health Service (Wales) Act 2006;”,

(d)   

omit paragraph (h),

(e)   

before paragraph (k) insert—

10

“(ja)   

the National Health Service Commissioning Board;

(jb)   

clinical commissioning groups established under

section 14D of the National Health Service Act 2006;”,

(f)   

in paragraph (k), for “section 5 of the National Health Service and

Community Care Act 1990” substitute “section 18 of the National

15

Health Service (Wales) Act 2006”,

(g)   

omit paragraph (ka),

(h)   

after paragraph (m) insert—

“(ma)   

the Welsh Ministers;”,

(i)   

after paragraph (p) omit the “and,”,

20

(j)   

after paragraph (q) insert—

“(r)   

the National Institute for Health and Care Excellence;

and

(s)   

the Health and Social Care Information Centre,”

      (4)  

After subsection (10) insert—

25

“(11)   

Subsection (12) applies where a person mentioned in subsection

(2)(fa), (ja), (jb), (m), (r) or (s) is a party or prospective party to an

arrangement or proposed arrangement which—

(a)   

falls within subsection (1); and

(b)   

also falls within the definition of NHS contract in section 9 of

30

the National Health Service Act 2006.

(12)   

Subsections (4) to (9) shall apply in relation to that arrangement or

proposed arrangement (except in so far as it relates to reserved

matters within the meaning of the Scotland Act 1998) with the

substitution for references to the Secretary of State of references to

35

the Scottish Ministers and the Secretary of State acting jointly.

(13)   

Subsection (14) applies where a person mentioned in subsection

(2)(f), (fb), (k) or (ma) is a party or prospective party to an

arrangement or proposed arrangement which—

(a)   

falls within subsection (1); and

40

(b)   

also falls within the definition of NHS contract in section 7 of

the National Health Service (Wales) Act 2006.

(14)   

Subsections (4) to (9) shall apply in relation to that arrangement or

proposed arrangement with the substitution for references to the

Secretary of State—

45

(a)   

in so far as the arrangement or proposed arrangement relates

to reserved matters within the meaning of the Scotland Act

 
 

Health and Social Care Bill
Schedule 21 — Amendments relating to relationships between the health services

443

 

1998, of references to the Secretary of State and the Welsh

Ministers acting jointly; and

(b)   

for all other purposes, of references to the Scottish Ministers

and Welsh Ministers acting jointly.

(15)   

Subsection (16) applies (and subsections (12) and (14) do not apply)

5

where a cross-border Special Health Authority is a party or

prospective party to an arrangement or proposed arrangement

which—

(a)   

falls within subsection (1); and

(b)   

also falls within the definition of NHS contract in section 9 of

10

the National Health Service Act 2006 and the definition of

NHS contract in section 7 of the National Health Service

(Wales) Act 2006.

(16)   

Subsections (4) to (9) shall apply in relation to that arrangement or

proposed arrangement (except in so far as it relates to reserved

15

matters within the meaning of the Scotland Act 1998) with the

substitution for references to the Secretary of State—

(a)   

where the cross-border Special Health Authority is exercising

functions in relation to England only, of references to the

Secretary of State and the Scottish Ministers acting jointly;

20

(b)   

where the Authority is exercising functions in relation to

Wales only, of references to the Welsh Ministers and the

Scottish Ministers acting jointly; and

(c)   

where the Authority is exercising functions in relation to

England and Wales, of references to the Secretary of State and

25

the Welsh Ministers acting concurrently with each other and

jointly with the Scottish Ministers.

(17)   

In subsections (15) and (16), “cross-border Special Health Authority”

means a Special Health Authority which is established under the

National Health Service Act 2006 and the National Health Service

30

(Wales) Act 2006 by virtue of—

(a)   

paragraph 1(2) of Schedule 2 to the National Health Service

(Consequential Provisions) Act 2006, or

(b)   

the power under section 28 of the National Health Service Act

2006 and the power under section 22 of the National Health

35

Service (Wales) Act 2006 being exercised together.”

3     (1)  

Section 17C (personal medical or dental services) is amended as follows.

      (2)  

In subsection (5)—

(a)   

in paragraph (a), for the words from “the Board by” to the end

substitute “the Board by a Local Health Board”, and

40

(b)   

in paragraph (b), for the words from “exercisable by” to “the

Authority” substitute “exercisable by a Local Health Board in

relation to an agreement made under section 50 of the National

Health Service (Wales) Act 2006 to be exercisable on behalf of the

Local Health Board”.

45

      (3)  

In subsection (6), for the first definition substitute—

““Local Health Board” means a Local Health Board established

under section 11 of the National Health Service (Wales) Act

2006;”.

 
 

Health and Social Care Bill
Schedule 21 — Amendments relating to relationships between the health services

444

 

      (4)  

In consequence of the amendments made by sub-paragraphs (2) and (3),

omit paragraph 12 of Schedule 3 to the National Health Service Reform and

Health Care Professions Act 2002, and the cross-heading which precedes it.

4          

In section 17D (persons with whom agreements under section 17C may be

made), in subsection (2), in paragraph (b) of the definition of “NHS

5

employee”—

(a)   

in sub-paragraph (ii) omit “a Primary Care Trust or”,

(b)   

in sub-paragraph (iii)—

(i)   

after “NHS trust” insert “within the meaning of the National

Health Service Act (Wales) 2006”, and

10

(c)   

omit the words from “and in this paragraph” to the end.

National Health Service Act 2006 (c. 41)

5          

The National Health Service Act 2006 is amended as follows.

6          

In section 9 (NHS contracts), in subsection (4)—

(a)   

after paragraph (f) insert—

15

“(fa)   

a Special Health Board constituted under that

section,”, and

(b)   

after paragraph (n) insert—

“(na)   

the Scottish Ministers,

(nb)   

Healthcare Improvement Scotland,”.

20

7          

After section 10 (provision about NHS contracts entered into by a body in

Northern Ireland) insert—

“10A    

Provision for bodies in Scotland

(1)   

Subsection (2) applies where the Scottish Ministers are, or a body

mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 9(4) is, a

25

party or prospective party to an arrangement or proposed

arrangement which—

(a)   

falls within the definition of NHS contract in section 9(1), and

(b)   

also falls within the definition of NHS contract in section 17A

of the National Health Service (Scotland) Act 1978.

30

(2)   

Subsections (5) to (13) of section 9 apply in relation to the

arrangement or proposed arrangement (except in so far as it relates

to reserved matters within the meaning of the Scotland Act 1998)

with the substitution for references to the Secretary of State of

references to the Secretary of State and the Scottish Ministers acting

35

jointly.

(3)   

Subsection (4) applies (and subsection (2) does not apply) where a

cross-border Special Health authority is a party or prospective party

to an arrangement or proposed arrangement which—

(a)   

falls within the definition of NHS contract in section 9(1), and

40

(b)   

also falls within the definition of NHS contract in section 17A

of the National Health Service (Scotland) Act 1978 and the

definition of NHS contract in section 7(1) of the National

Health Service (Wales) Act 2006.

(4)   

Subsections (5) to (13) of section 9 apply in relation to that

45

arrangement or proposed arrangement (except in so far as it relates

 
 

Health and Social Care Bill
Schedule 21 — Amendments relating to relationships between the health services

445

 

to reserved matters within the meaning of the Scotland Act 1998)

with the substitution for references to the Secretary of State—

(a)   

where the cross-border Special Health Authority is exercising

functions in relation to England only, of references to the

Secretary of State and the Scottish Ministers acting jointly;

5

and

(b)   

where the Authority is exercising functions in relation to

England and Wales, of references to the Secretary of State and

the Welsh Ministers acting concurrently with each other and

jointly with the Scottish Ministers.

10

(5)   

In subsections (3) and (4), “cross-border Special Health Authority”

means a Special Health Authority which is established under the

National Health Service Act 2006 and the National Health Service

(Wales) Act 2006 by virtue of—

(a)   

paragraph 1(2) of Schedule 2 to the National Health Service

15

(Consequential Provisions) Act 2006, or

(b)   

the power under section 28 of the National Health Service Act

2006 and the power under section 22 of the National Health

Service (Wales) Act 2006 being exercised together.”

8     (1)  

In section 66 (intervention orders), for subsection (1) substitute—

20

“(1)   

This section applies to—

(a)   

NHS trusts, and

(b)   

Special Health Authorities.”

      (2)  

Until the commencement of section 33 of this Act, subsection (1) of section

66 of the National Health Service Act 2006 has effect as if it included a

25

reference to Strategic Health Authorities.

      (3)  

Until the commencement of section 34 of this Act, subsection (1) of section

66 of the National Health Service Act 2006 has effect as if it included a

reference to Primary Care Trusts.

9     (1)  

Section 67 (effect of intervention orders) is amended as follows.

30

      (2)  

In subsection (1)—

(a)   

in paragraph (a) omit “or Local Health Board, or a member of the

board of directors of an NHS trust”, and

(b)   

in paragraph (b)—

(i)   

omit “or Local Health Board,” and

35

(ii)   

in that paragraph omit “, or an executive director of an NHS

trust”.

      (3)  

In subsection (7)(a) omit “(or in the case of an NHS trust to the membership

of its board of directors)”.

10    (1)  

In section 68 (default powers), for subsection (1) substitute—

40

“(1)   

This section applies to—

(a)   

NHS trusts established under section 25, and

(b)   

Special Health Authorities.”

      (2)  

Until the commencement of section 33 of this Act, subsection (1) of section

68 of the National Health Service Act 2006 has effect as if it included a

45

reference to Strategic Health Authorities.

 
 

Health and Social Care Bill
Schedule 21 — Amendments relating to relationships between the health services

446

 

      (3)  

Until the commencement of section 34 of this Act, subsection (1) of section

68 of the National Health Service Act 2006 has effect as if it included a

reference to Primary Care Trusts.

11         

In section 78 (directed partnership arrangements), in subsection (3)—

(a)   

in paragraph (c) after “NHS trusts” insert “established under section

5

25”, and

(b)   

omit paragraph (d).

National Health Service (Wales) Act 2006 (c. 42)

12         

The National Health Service (Wales) Act 2006 is amended as follows.

13         

In section 7 (NHS contracts), in subsection (4)—

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

(d)   

after paragraph (f) insert—

“(fa)   

a Special Health Board constituted under that

section,”,

(e)   

omit paragraph (j), and

(f)   

after paragraph (n) insert—

20

“(na)   

the Scottish Ministers,

(nb)   

Healthcare Improvement Scotland,”.

14         

After section 8 insert—

“8A     

Provision for bodies in Scotland

(1)   

Subsection (2) applies where the Scottish Ministers are, or a body

25

mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 7(4) is, a

party or prospective party to an arrangement or proposed

arrangement which—

(a)   

falls within the definition of NHS contract in section 7(1), and

(b)   

also falls within the definition of NHS contract in section 17A

30

of the National Health Service (Scotland) Act 1978.

(2)   

Subsections (5) to (13) of section 7 apply in relation to the

arrangement or proposed arrangement with the substitution for

references to the Welsh Ministers—

(a)   

in so far as the arrangement or proposed arrangement relates

35

to reserved matters within the meaning of the Scotland Act

1998, of references to the Welsh Ministers and the Secretary

of State acting jointly, and

(b)   

for all other purposes, of references to the Welsh Ministers

and the Scottish Ministers acting jointly.

40

(3)   

Subsection (4) applies (and subsection (2) does not apply) where a

cross-border Special Health Authority is a party or prospective party

to an arrangement or proposed arrangement which—

(a)   

falls within the definition of NHS contract in section 7(1), and

 
 

Health and Social Care Bill
Schedule 21 — Amendments relating to relationships between the health services

447

 

(b)   

also falls within the definition of NHS contract in section 17A

of the National Health Service (Scotland) Act 1978 and the

definition of NHS contract in section 9(1) of the National

Health Service Act 2006.

(4)   

Subsections (5) to (13) of section 7 apply in relation to the

5

arrangement or proposed arrangement (except in so far as it relates

to reserved matters within the meaning of the Scotland Act 1998)

with the substitution for references to the Welsh Ministers—

(a)   

where the cross-border Special Health Authority is exercising

functions in relation to Wales only, of references to the Welsh

10

Ministers and the Scottish Ministers acting jointly, and

(b)   

where the Authority is exercising functions in relation to

England and Wales, of references to the Welsh Ministers and

the Secretary of State acting concurrently with each other and

jointly with the Scottish Ministers.

15

(5)   

In subsections (3) and (4), “cross-border Special Health Authority”

means a Special Health Authority which is established under the

National Health Service Act 2006 and the National Health Service

(Wales) Act 2006 by virtue of—

(a)   

paragraph 1(2) of Schedule 2 to the National Health Service

20

(Consequential Provisions) Act 2006, or

(b)   

the power under section 28 of the National Health Service Act

2006 and the power under section 22 of the National Health

Service (Wales) Act 2006 being exercised together.”

15         

In section 10 (Welsh Ministers’ arrangements with other bodies), in

25

subsection (4) omit paragraph (b).

16         

In section 13 (exercise of Local Health Board functions), in subsection (3)—

(a)   

omit paragraph (a), and

(b)   

before paragraph (b) insert—

“(aa)   

the National Health Service Commissioning Board,

30

(ab)   

clinical commissioning groups,”.

17         

In section 17 (plans for improving health etc), in subsection (6)—

(a)   

in paragraph (g)—

(i)   

after “between” insert “the National Health Service

Commissioning Board, clinical commissioning groups,”,

35

(ii)   

omit “Strategic Health Authorities,”,

(iii)   

omit “Primary Care Trusts,”, and

(iv)   

for “section 24 of the National Health Service Act 2006 (c. 41)”

substitute “the preparation of joint health and wellbeing

strategies under section 116A of the Local Government and

40

Public Involvement in Health Act 2007”, and

(b)   

in paragraph (h)—

(i)   

after “provision by” insert “the National Health Service

Commissioning Board, clinical commissioning groups,”,

(ii)   

omit “Strategic Health Authorities,”,

45

(iii)   

omit “Primary Care Trusts”, and

(iv)   

for “section 24 of the National Health Service Act 2006 (c. 41)”

substitute “joint health and wellbeing strategies under

 
 

 
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