Health and Social Care Bill (HL Bill 132)

Section 55(1)

SCHEDULE 4 Amendments of the National Health Service Act 2006

Part 1 The health service in England

1 (1) 5For section 2 substitute—

“2 General power

The Secretary of State, the Board or a clinical commissioning group
may do anything which is calculated to facilitate, or is conducive or
incidental to, the discharge of any function conferred on that person
10by this Act.”

(2) For the cross-heading preceding section 2 substitute “General power”.

2 (1) Section 6 (performance of functions outside England) is amended as follows.

(2) For subsection (1) substitute—

“(1) Where the Secretary of State has a duty or power to provide anything
15under section 2A or 2B or Schedule 1, that thing may be provided
outside England.”

(3) After subsection (1) insert—

“(1A) Where a clinical commissioning group or the Board has a duty or
power to arrange for the provision of anything under section 3, 3A,
203B or 4 or Schedule 1, it may arrange for that thing to be provided
outside England.”

(4) In subsection (2) for “The Secretary of State’s functions” substitute “The
functions of the Secretary of State, the Board and clinical commissioning
groups”.

3 (1) 25Section 6A (reimbursement of cost of services provided in another EEA
state) is amended as follows.

(2) In subsection (3)(b) after “Secretary of State” insert “, the Board”.

(3) In subsection (7) after “Secretary of State” insert “, the Board”.

(4) In subsection (8) in each of paragraphs (a) and (b)—

(a) 30 after “Secretary of State” insert “, the Board”, and

(b) for “either of them” substitute “any of them”.

(5) In subsection (9), after “Secretary of State” (in the second place it occurs)
insert “, the Board”.

(6) In subsection (11), in the definition of “responsible authority”—

(a) 35omit “Strategic Health Authority or”,

(b) omit “Primary Care Trust”,

(c) before “responsible under” insert “a local authority or clinical
commissioning group”, and

(d) for “securing” substitute “arranging for”.

4 (1) Section 6B (prior authorisation for the purposes of section 6A) is amended as
follows.

(2) In subsection (2)(b) after “Secretary of State” insert “, the Board”.

(3) In subsection (5), in each of paragraphs (b) and (c) after “the Secretary of
5State” insert “, the Board”.

5 (1) In section 8 (Secretary of State’s directions to health service bodies), in
subsection (2)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

(2) 10In the heading to that section after “to” insert “certain”.

(3) Before section 8 insert the following cross-heading “Directions to certain
NHS bodies”.

6 (1) Section 9 (NHS contracts) is amended as follows.

(2) In subsection (4)—

(a) 15before paragraph (a) insert—

“(za) the Board,

(zb) a clinical commissioning group,”,

(b) omit paragraph (a), and

(c) omit paragraph (b).

7 20In section 11 (arrangements to be treated as NHS contracts), in subsection
(1)—

(a) after “under which” insert “the Board,”,

(b) omit “a Strategic Health Authority,” and

(c) omit “a Primary Care Trust”.

8 (1) 25Section 12 (arrangements with other bodies) is amended as follows.

(2) In subsection (1) for “any service under this Act” substitute “anything which
the Secretary of State has a duty or power to provide, or arrange for the
provision of, under section 2A or 2B or Schedule 1”.

(3) For subsection (2) substitute—

“(2) 30The bodies with whom arrangements may be made under subsection
(1) include—

(a) the Board,

(b) clinical commissioning groups,

(c) any other public authorities, and

(d) 35voluntary organisations.”

(4) For subsection (3) substitute—

“(3) The Secretary of State may make available any facilities provided by
the Secretary of State under section 2A or 2B or Schedule 1 to any
service provider or to any eligible voluntary organisation.

(3A) 40In subsection (3)—

• “eligible voluntary organisation” means a voluntary
  organisation eligible for assistance under section 64 or section
  65 of the Health Services and Public Health Act 1968;

Health and Social Care BillPage 302

• “service provider” means a person or body with whom the
  Secretary of State has made an arrangement under subsection
  (1).”

(5) In subsection (4)—

(a) 5after paragraph (a) insert—

“(aa) the Board,

(ab) a clinical commissioning group,

(ac) a local authority,”,

(b) omit paragraph (b), and

(c) 10omit paragraph (c).

(6) After subsection (4) insert—

“(4A) In subsection (4), “local authority” has the same meaning as in
section 2B.”

(7) For the cross-heading preceding section 12 substitute “Arrangements with
15other bodies”.

9 After section 12 insert—

“12ZA Commissioning arrangements by the Board or clinical commissioning
groups

(1) This section applies in relation to arrangements made by the Board
20or a clinical commissioning group in the exercise of functions under
section 3, 3A, 3B or 4 or Schedule 1.

(2) The arrangements may be made with any person or body (including
public authorities and voluntary organisations).

(3) If the Board or a clinical commissioning group arranges for the
25provision of facilities by a service provider, it may also make
arrangements for those facilities to be made available to another
service provider or to an eligible voluntary organisation.

(4) The Board or a clinical commissioning group may make available
any of its facilities to—

(a) 30a service provider, or

(b) an eligible voluntary organisation.

(5) Where facilities are made available under subsection (4) any of the
following persons may make available the services of any employee
of that person who is employed in connection with the facilities—

(a) 35the Secretary of State,

(b) the Board,

(c) a clinical commissioning group,

(d) a Special Health Authority, or

(e) a Local Health Board.

(6) 40Goods or materials may be made available under this section either
temporarily or permanently.

(7) Any power to supply goods or materials under this section
includes—

(a) a power to purchase or store them, and

(b) a power to arrange with third parties for the supply of goods
or materials by those third parties.

(8) Powers under this section may be exercised on such terms as may be
agreed, including terms as to the making of payments.

(9) 5In this section—

• “eligible voluntary organisation” means a voluntary
  organisation eligible for assistance under section 64 or section
  65 of the Health Services and Public Health Act 1968;

• “service provider” means a person or body with whom the
  10Board or a clinical commissioning group has made
  arrangements in the exercise of the functions mentioned in
  subsection (1).”

10 (1) Section 12A (direct payments for health care) is amended as follows.

(2) In subsection (1) after “The Secretary of State” insert “, the Board, a clinical
15commissioning group or a local authority”.

(3) In subsection (2)—

(a) for paragraph (a) substitute—

“(a) anything that the Secretary of State or a local
authority has a duty or power to provide or arrange
20under section 2A or 2B or Schedule 1;”,

(b) after that paragraph insert—

“(aa) anything that the Board or a clinical commissioning
group may or must arrange for the provision of under
this Act or any other enactment.”, and

(c) 25omit paragraphs (b) and (c).

(4) Omit subsection (4).

(5) In subsection (5), omit “or under regulations under subsection (4)”.

(6) After subsection (6) insert—

“(7) In this section and sections 12B to 12D, “local authority” has the same
30meaning as in section 2B.”

11 (1) Section 12B (regulations about direct payments) is amended as follows.

(2) In subsection (2), in each of paragraphs (d), (g), (h) and (j), for “or the
Primary Care Trust” substitute “, the Board, a clinical commissioning group
or a local authority”.

(3) 35In subsection (4) —

(a) for “or the Primary Care Trust”, in the first place it occurs, substitute
“, the Board, a clinical commissioning group or a local authority”,
and

(b) for “or the Primary Care Trust”, in the second place it occurs,
40substitute “the Board, a clinical commissioning group or a local
authority (as the case may be)”.

(4) In subsection (5)—

(a) in paragraph (a), after “the Secretary of State” insert “or a local
authority or as arranged for by the Board or a clinical commissioning
45group (as the case may be)”, and

(b) in paragraph (b) for “a Primary Care Trust with respect to the
provision of” substitute “the Board, a clinical commissioning group
or a local authority with respect to the arrangement for the provision
of”.

12 5In section 12C (direct payments pilot schemes), in subsection (9), for “the
powers conferred by section 12A(1) or by regulations under section 12A(4)”
substitute “the power conferred by section 12A(1)”.

13 In section 12D (arrangements with other bodies relating to direct
payments)—

(a) 10in subsection (1) after “the Secretary of State” insert “, the Board, a
clinical commissioning group or a local authority”, and

(b) in subsection (3) after “the Secretary of State” insert “, the Board, a
clinical commissioning group or a local authority”.

Part 2 15NHS Bodies

14 In section 28 (special health authorities), omit subsection (6).

15 In section 29 (exercise of Special Health Authority functions), in subsection
(2)(a)—

(a) omit “, section 14”, and

(b) 20omit “, section 19”.

16 Omit Chapter 5B of Part 2 (trust special administrators: Primary Care
Trusts).

17 In section 67 (effect of intervention orders), in subsection (1)—

(a) in paragraph (a)—

(i) 25omit “Strategic Health Authority,” and

(ii) omit “Primary Care Trust,” and

(b) in paragraph (b)—

(i) omit “Strategic Health Authority,” and

(ii) omit “Primary Care Trust,”.

18 30In section 70 (transfer of residual liabilities)—

(a) in subsection (1)—

(i) omit “a Strategic Health Authority,”, and

(ii) omit “a Primary Care Trust,”, and

(b) in the heading, at the end insert “of certain health service bodies”.

19 (1) 35Section 71 (schemes for meeting losses and liabilities in respect of certain
health service bodies) is amended as follows.

(2) In subsection (2)—

(a) after “are—” insert—

“(za) the Board,

(zb) 40clinical commissioning groups,”,

(b) omit paragraph (a),

(c) omit paragraph (b),

(d) after paragraph (h) (and before the “and” immediately following it)

insert—

“(ha) a company formed under section 223 and wholly or
partly owned by the Secretary of State or the Board,

(hb) a subsidiary of a company which is formed under that
5section and wholly owned by the Secretary of State,”,
and”

(e) in paragraph (i)—

(i) for “paragraphs (a) to (h)”, in the first place where it occurs,
substitute “paragraphs (za) to (hb)”, and

(ii) 10for “paragraphs (a) to (h)”, in the second place where it
occurs, substitute “paragraphs (za) to (h)”.

(3) In subsection (2A)—

(a) after paragraph (a) insert—

“(ab) in relation to a company within paragraph (ha) or (hb)
15of subsection (2), means the company’s activities in
providing facilities or services to any person or
body;”, and

(b) in paragraph (b) for “paragraphs (a) to (h)” substitute “paragraphs
(za) to (h)”.

(4) 20In subsection (3)(a)—

(a) after “the Secretary of State” insert “or the Board”,

(b) omit “Strategic Health Authority,”, and

(c) omit “Primary Care Trust,”.

(5) In subsection (5), for “(a) to (d),” substitute “(c), (d),”.

(6) 25In subsection (6)—

(a) after “the Secretary of State,” insert “the Board or”,

(b) omit “Strategic Health Authority,” and

(c) omit “Primary Care Trust,”.

20 In section 73 (directions and regulations), in subsection (1) omit paragraphs
30(c) to (f).

21 Omit Schedule 2.

22 Omit Schedule 3.

23 (1) Schedule 4 (NHS trusts) is amended as follows.

(2) In paragraph (5)(1)(f), omit “Primary Care Trusts,”.

(3) 35In paragraph 6—

(a) in sub-paragraph (1) —

(i) omit “Strategic Health Authority,” and

(ii) omit “, Primary Care Trust”, and

(b) in sub-paragraph (2) —

(i) 40omit “Strategic Health Authority,” and

(ii) omit “, Primary Care Trust”.

(4) In paragraph 7(3), omit “Strategic Health Authority,”.

(5) In paragraph 8—

(a) in sub-paragraph (1), omit “, Primary Care Trust” (in each place
where it occurs), and

(b) in sub-paragraph (4), omit “, Primary Care Trust”,

(c) in sub-paragraph (5), omit “, Primary Care Trust” (in each place
5where it occurs),

(d) in sub-paragraph (6)(b), omit “, Primary Care Trust”, and

(e) in sub-paragraph (9)(b), omit “, Primary Care Trust”.

(6) In paragraph 9—

(a) in sub-paragraph (1)—

(i) 10omit “a Strategic Health Authority,”, and

(ii) omit “a Primary Care Trust,”,

(b) in sub-paragraph (3)—

(i) omit “Strategic Health Authority,”, and

(ii) omit “Primary Care Trust,”,

(c) 15in sub-paragraph (6)—

(i) omit “a Strategic Health Authority,”, and

(ii) omit “, a Primary Care Trust,”,

(d) in sub-paragraph (7)—

(i) in paragraph (a), omit “Strategic Health Authority,”,

(ii) 20in that paragraph omit “or belong to a Primary Care Trust”,
and

(iii) in the words following paragraph (b)—

(a) omit “Strategic Health Authority,”, and

(b) omit “Primary Care Trust,”.

(7) 25In paragraph 15, omit sub-paragraphs (2) and (3).

(8) In paragraph 18—

(a) omit “Strategic Health Authority,” and

(b) omit “Primary Care Trust,”.

(9) In paragraph 29, in sub-paragraph (3) omit “Strategic Health Authority,”.

(10) 30In paragraph 30, in sub-paragraph (1)—

(a) omit “Strategic Health Authority,” and

(b) omit “Primary Care Trust,”.

24 (1) Schedule 6 (special health authorities established under section 28) is
amended as follows.

(2) 35In paragraph 3(8)—

(a) for “to a Strategic Health Authority” substitute “to the Board”, and

(b) for “a Strategic Health Authority” substitute “the Board”.

(3)
In paragraph 3(12)—

(a) in paragraph (a) for “of a Strategic Health Authority” substitute “of
40the Board”, and

(b) in paragraph (b) omit “or by a Strategic Health Authority”.

(4) In paragraph 13 for “a Strategic Health Authority” substitute “the Board”.

Part 3 Local authorities

25 In section 74 (supply of goods and services by local authorities), in
subsection (1)(a)—

(a) 5at the beginning insert “the Board and”,

(b) after “any” insert “clinical commissioning group or,”,

(c) omit “Strategic Health Authority,” and

(d) omit “or Primary Care Trust”.

26 In section 76 (power of local authorities to make payments), in subsection
10(1)—

(a) after the first “to” insert “the Board, a clinical commissioning group”,

(b) omit “a Strategic Health Authority,” and

(c) omit “a Primary Care Trust”.

27 In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit “a
15Primary Care Trust or”.

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

(a) omit paragraph (a), and

(b) omit paragraph (b).

29 (1) Section 80 (supply of goods and services by the Secretary of State) is
20amended as follows.

(2) In subsection (1)—

(a) after “The Secretary of State” insert “, the Board or a clinical
commissioning group”, and

(b) in paragraph (b) for “he” substitute “the Secretary of State”.

(3) 25In subsection (3)—

(a) in paragraph (a) omit “or by a Primary Care Trust”, and

(b) in paragraph (b)—

(i) omit “a Strategic Health Authority,” and

(ii) omit “a Primary Care Trust,”.

(4) 30After subsection (3) insert—

“(3A) The Board or a clinical commissioning group may make available to
persons falling within subsection (1)—

(a) any facilities the provision of which is arranged by the Board
or (as the case may be) the clinical commissioning group
35under this Act (including by virtue of section 7A),

(b) any facilities of the Board or (as the case may be) the group,
and

(c) the services of persons employed by the Board or (as the case
may be) the group.”

(5) 40In subsection (4) after “carry out” insert “, and the Board or a clinical
commissioning group may arrange for the carrying out of,”.

(6) In subsection (5), for “The Secretary of State” substitute “The Board”.

(7) In subsection (6)—

(a) in paragraph (a), after “provided” insert “by the Secretary of State”,

(b) in paragraph (b)—

(i) omit “a Strategic Health Authority,” and

(ii) omit “a Primary Care Trust,” and

(c) 5in paragraph (c)—

(i) omit “a Strategic Health Authority,” and

(ii) omit “a Primary Care Trust,”.

(8) After subsection (6) insert—

“(6A) The Board and each clinical commissioning group must make
10available to local authorities—

(a) any services (other than the services of any person) or other
facilities the provision of which is arranged by the Board or
(as the case may be) the clinical commissioning group under
this Act,

(b) 15the services of persons employed by the Board or (as the case
may be) the group, and

(c) any facilities of the Board or (as the case may be) the group,

so far as is reasonably necessary and practicable to enable local
authorities to discharge their functions relating to social services,
20education and public health.”

(9) In subsection (7)—

(a) for “The Secretary of State” substitute “The Board”,

(b) at the end of paragraph (c) insert “or”, and

(c) omit paragraph (e) and the word “or” immediately preceding it.

(10) 25After that subsection insert—

“(8) The Secretary of State may arrange to make available to local
authorities the services of persons providing Special Health
Authorities or Local Health Boards with services of a kind provided
as part of the health service, so far as is reasonably necessary and
30practicable to enable local authorities to discharge their functions
relating to social services, education and public health.

(9) The Board or a clinical commissioning group may arrange to make
available to local authorities the services of persons providing
services pursuant to arrangements made under this Act by the Board
35or (as the case may be) the clinical commissioning group, so far as is
reasonably necessary and practicable to enable local authorities to
discharge their functions relating to social services, education and
public health.

(10) The reference in subsection (9) to arrangements made by the Board
40or (as the case may be) a clinical commissioning group includes a
reference to arrangements so made by virtue of section 7A.”

(11) In the title to section 80, after “Secretary of State” insert “, the Board and
clinical commissioning groups”.

(12) Until the commencement of section 34, subsection (8) of section 80 of the
45National Health Service Act 2006 (as inserted by sub-paragraph (10)) has
effect as if after “Special Health Authorities” there were inserted “, Primary
Care Trusts”.

30 (1) Section 81 (conditions of supply under section 80) is amended as follows.

(2) In subsection (1)—

(a) for the words from the beginning to “that section” substitute “Before
a person makes the services of any officer available under section
580(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must”,

(b) in paragraph (a) for “the Secretary of State” substitute “the person”,
and

(c) in paragraph (b) at the beginning insert “where the person is the
Secretary of State and is not the officer’s employer,”.

(3) 10In subsection (2)—

(a) for “The Secretary of State” substitute “The person concerned”, and

(b) for “he” substitute “it”.

(4) In subsection (3)—

(a) omit “Strategic Health Authorities,”, and

(b) 15omit “Primary Care Trusts,”.

(5) In subsection (4) for “the Secretary of State” substitute “the person who
makes the services available”.

(6) In subsection (5) —

(a) for the words from the beginning to “section 80(6)” substitute “A
20person who makes services or facilities available under section 80(6)
or (6A) may make such charges in respect of them”, and

(b) for “the Secretary of State” substitute “the person”.

Part 4 Medical services

31 (1) 25Section 83 (duty relating to primary medical services) is amended as follows.

(2) For subsections (1) and (2) substitute—

“(1) The Board must, to the extent that it considers necessary to meet all
reasonable requirements, exercise its powers so as to secure the
provision of primary medical services throughout England.

(2) 30The Board may (in addition to any other power conferred on it) make
such arrangements for the provision of primary medical services as
it considers appropriate; and it may, in particular, make contractual
arrangements with any person.

(2A) Arrangements made for the purposes of subsection (1) or (2) may
35include arrangements for the performance of a service outside
England.”

(3) In subsection (3) of that section, for “Each Primary Care Trust” substitute
“The Board”.

(4) Omit subsection (4).

(5) 40For the cross-heading preceding that section substitute “Duty of the Board
in relation to primary medical services”.