(5) In subsection (5), for “the Primary Care Trust’s” substitute “the Board’s”.

(6) In subsection (6)—

(a) in paragraph (a), for “no Primary Care Trust or” substitute “neither
the Board nor a”, and

(b) 5in paragraph (b), for “each Primary Care Trust” substitute “the Board
(if he is included in a list prepared by it)”.

87 In section 160 (notification of decisions), for “a Primary Care Trust”
substitute “the Board”.

88 In section 161 (withdrawal from lists), in paragraphs (a) and (b), for “a
10Primary Care Trust” substitute “the Board”.

89 (1) Section 162 (regulations about decisions under Chapter 6 of Part 7) is
amended as follows.

(2) In subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the
Board”.

(3) 15In subsections (2)(c) and (3), for “the Primary Care Trust” substitute “the
Board”.

90 (1) Section 164 (remuneration for persons providing pharmaceutical services) is
amended as follows.

(2) In subsection (3)(b), for “any Primary Care Trust” substitute “the Board”.

(3) 20In subsection (4A)(a)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “to persons who provide” substitute “for providing”.

91 (1) Section 166 (indemnity cover) is amended as follows.

(2) In subsection (2)(b)—

(a) 25for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust”, in each place it appears, substitute “the
Board”.

(3) In subsection (3), in paragraph (a) of the definition of “indemnity cover”, for
“a Primary Care Trust” substitute “the Board”.

92 (1) 30Section 167 (local pharmaceutical committees) is amended as follows.

(2) In subsection (1), for the words from the beginning to “other Primary Care
Trusts,” substitute “The Board may recognise a committee formed for an
area”.

(3) In subsections (2)(a) and (3)(a), omit “in the Primary Care Trust’s area”.

(4) 35In subsections (2)(a) and (b), (3)(a) and (b), (9), (10) and (11), for “the Primary
Care Trust” substitute “the Board”.

(5) In subsections (6) and (7), for “a Primary Care Trust” substitute “the Board”.

(6) In subsection (9), for “A Primary Care Trust” substitute “The Board”.

93 (1) Schedule 11 (pilot schemes) is amended as follows.

(2) 40In paragraph 1 (initiation of pilot schemes), in sub-paragraph (1)(a), for “a
Primary Care Trust” substitute “the Board”.

(3) In paragraph 2 (preliminary steps)—

(a) in sub-paragraph (1), for “the Primary Care Trust concerned”
substitute “the Board”,

(b) in sub-paragraphs (2), (3), (4) and (5)(a) and (b), for “a Primary Care
5Trust” substitute “the Board”,

(c) in sub-paragraph (3)(b), for “the Primary Care Trust” substitute “the
Board”, and

(d) in sub-paragraph (5)(d)—

(i) for “Primary Care Trusts” substitute “the Board”, and

(ii) 10for “them” substitute “it”.

(4) In paragraph 3 (approvals)—

(a) in sub-paragraphs (2) and (3)(b), for “the Primary Care Trust”
substitute “the Board”, and

(b) in sub-paragraph (3)(a), for “the Primary Care Trust concerned”
15substitute “the Board”.

(5) In paragraph 4 (preliminary approval)—

(a) in sub-paragraphs (1) and (4), for “a Primary Care Trust” substitute
“the Board”, and

(b) in sub-paragraph (2), for “The Primary Care Trust” substitute “The
20Board”.

(6) In paragraph 5 (effect of proposals on existing services)—

(a) in sub-paragraph (1)(a)—

(i) for “the Primary Care Trust”, in the first place it appears,
substitute “the Board”, and

(ii) 25for “the area of the Primary Care Trust” substitute “the area
concerned”,

(b) in sub-paragraph (1)(b), for the words from “supplied” to the end
substitute “prepared under sub-paragraph (3)”,

(c) in sub-paragraph (3)—

(i) 30for “a Primary Care Trust” substitute “the Board”,

(ii) for “the area of another Primary Care Trust” substitute
“another area”, and

(iii) for “consult that other Primary Care Trust about” substitute
“prepare an assessment of the likely effect on those services
35of the implementation of”, and

(d) omit sub-paragraph (4).

(7) In paragraph 7 (making a scheme)—

(a) in sub-paragraphs (1), (2) and (4), for “the Primary Care Trust
concerned” substitute “the Board”, and

(b) 40in sub-paragraph (1), for “the Primary Care Trust must” substitute
“the Board must”.

(8) Any pilot scheme under Chapter 2 of Part 7 of the National Health Service
Act 2006 having effect immediately before the commencement of this
paragraph is to continue to have effect as if it had been established by the
45Board; and nothing in this paragraph or paragraphs 69 to 76 affects the
validity of anything done under or for the purposes of the scheme.

94 (1) Schedule 12 (LPS schemes) is amended as follows.

(2) In paragraph 1 (provision of local pharmaceutical services)—

(a) in sub-paragraph (1)—

(i) for “Primary Care Trusts” substitute “The Board or the
Secretary of State”, and

(ii) 5omit “or Strategic Health Authorities”,

(b) in sub-paragraph (2)—

(i) in paragraph (a), for “a Primary Care Trust” substitute “the
Board or the Secretary of State (the “commissioner”)”,

(ii) in that paragraph, omit “or Strategic Health Authority (the
10“commissioning body”)”, and

(iii) in paragraph (b), for “the commissioning body” substitute
“the commissioner”,

(c) omit sub-paragraph (2A),

(d) for sub-paragraph (2B) substitute—

“(2B) 15The Secretary of State may establish an LPS scheme only
where the other party is the Board.

(2C) The Board may provide local pharmaceutical services
under an LPS scheme only in such circumstances as may
be prescribed.”,

(e) 20in each of sub-paragraphs (5) and (6), for “a Primary Care Trust”
substitute “the Board”, and

(f) in sub-paragraph (5), omit “in its area”.

(3) In paragraph 2 (designation of priority neighbourhoods or premises)—

(a) in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust”
25substitute “the Board”, and

(b) in sub-paragraph (1), omit “or Strategic Health Authority”.

(4) In paragraph 3 (regulations)—

(a) in sub-paragraph (2), for “the commissioning body” substitute “the
commissioner”, and

(b) 30in sub-paragraph (3)(k)—

(i) for “Primary Care Trusts” substitute “the Board or the
Secretary of State”, and

(ii) omit “or Strategic Health Authorities”.

(5) In consequence of the repeals made by this paragraph, omit section 29(7),
35(8)(a) and (c), (10), (12) and (15) of the Health Act 2009.

(6) Any LPS scheme under Chapter 3 of Part 7 of the National Health Service
Act 2006 having effect immediately before the commencement of this
paragraph is to continue to have effect as if it had been established by the
Board; and nothing in this paragraph or paragraph 77 affects the validity of
40anything done under or for the purposes of the scheme.

Part 8 Charging

95 In section 176 (dental charging)—

(a) in subsection (3), for “a Primary Care Trust or Special Health
45Authority” substitute “the Board”, and

(b) in subsection (4)(a), omit sub-paragraph (i).

96 In section 177 (exemptions from dental charging), in subsection (4), omit
paragraph (a).

97 (1) Section 180 (payments in respect of costs of optical appliances) is amended
5as follows.

(2) In subsection (1), for “him or a relevant body” substitute “the Board”.

(3) In subsection (3), in paragraph (a)—

(a) for “himself or such relevant body as may be prescribed” substitute
“the Board”, and

(b) 10for “he or the prescribed body” substitute “the Board”.

(4) In paragraph (b) of that subsection—

(a) for “him or such relevant body as may be prescribed” substitute “the
Board”, and

(b) for “him or by the prescribed body” substitute “the Board”.

(5) 15After subsection (6) insert—

“(6A) The Board may direct a Special Health Authority, or such other body
as may be prescribed, to exercise any of the Board’s functions under
regulations under this section.”

(6) Omit subsection (10).

(7) 20In subsection (11), at the end insert “in accordance with the regulations”.

(8) Omit subsection (12).

(9) For the title to section 180 substitute “Payments in respect of costs of optical
appliances and sight tests”.

98 (1) Section 181 (provision supplementary to section 180) is amended as follows.

(2) 25In subsection (3), omit the words from “(whether” to the end.

(3) Omit subsection (9).

99 (1) Section 183 (payment of travelling expenses) is amended as follows.

(2) In paragraph (a) —

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

(b) omit “, a Primary Care Trust,”.

(3) In paragraph (b)—

(a) after “by” insert “the Board,”,

(b) omit “a Primary Care Trust”, and

(c) 35before the first “to” insert “or a clinical commissioning group”, and

(d) omit the words from “and” to “Trust,”.

(4) In paragraph (c)—

(a) after “by” insert “the Board,”,

(b) omit “a Primary Care Trust”, and

(c) 40before the first “to” insert “or a clinical commissioning group”.

100 In section 185 (charges for more expensive supplies), in subsection (2)—

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

(b) omit “a Primary Care Trust,”.

101 5In section 186 (charges for repairs and replacements in certain cases), in
subsection (2)—

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

(b) omit “a Primary Care Trust,”.

102 10In section 187 (charges for designated services or facilities) for the words
from “designated” to the end substitute “of a kind mentioned in section
3(1)(d) or (e) (whether provided in pursuance of those provisions or any
other provision of this Act)”.

103 In section 188 (sums otherwise payable to those providing services), in
15subsection (2) —

(a) after the first “by” insert “the Board or a clinical commissioning
group,”, and

(b) omit “a Primary Care Trust”.

Part 9 20Fraud etc.

104 (1) Section 195 (compulsory disclosure of documents) is amended as follows.

(2) In subsection (2) for “section 2(1)(b)” substitute “section 2”.

(3) In subsection (3) —

(a) for “section 2(1)(b)” substitute “section 2”,

(b) 25in paragraph (a) after “(“NHS services”)” insert “or in arranging for
the provision of such services”,

(c) in paragraph (d) after “NHS services” insert “or with arranging for
the provision of such services”, and

(d) in paragraph (f) after “NHS services” insert “or with arranging for
30the provision of such services”.

105 (1) Section 196 (persons and bodies about which provision is made by Part 10)
is amended as follows.

(2) In subsection (2), for “section 28(6)” substitute “section 275(1)”.

(3) In subsection (3)—

(a) 35before paragraph (a) insert—

“(za) the Board,

(zb) a clinical commissioning group,”

(4) 40After subsection (5) insert—

“(5A) A “public health service contractor” means any person providing
services of any description under arrangements made in the exercise

of the public health functions of the Secretary of State or a local
authority.”

106 (1) Section 197 (notice requiring production of documents) is amended as
follows.

(2) 5In subsection (1)(a) after “health service provider” insert “, public health
service contractor”.

(3) In subsection (3)(d) after “health service provider” insert “, public health
service contractor”.

107 In section 201 (disclosure of information), in subsection (3)(a) for “any of the
10Secretary of State’s functions” substitute “any of the functions of the
Secretary of State, the Board, a clinical commissioning group or a local
authority”.

108 (1) Section 210 (interpretation of Part 10) is amended as follows.

(2) In subsection (1) after “health service provider” insert “, “public health
15service contractor””.

(3) In subsection (2)(a)—

(a) after “in relation to” insert “the Secretary of State, local authorities,”,
and

(b) after “health service providers” insert “, public health service
20contractors”.

Part 10 Property and finance

109 (1) Section 211 (acquisition, use and maintenance of property) is amended as
follows.

(2) 25In subsection (4) for “A local social services authority” substitute “A local
authority”.

(3) After that subsection insert—

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

110 30In section 213 (transfers of trust property), in subsection (2)(c)—

(a) after “for” insert “the Board or a clinical commissioning group,”, and

(b) omit “a Primary Care Trust,.”

111 (1) Section 214 (transfer of functions and property to or from special trustees) is
amended as follows.

(2) 35In subsection (1)—

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

(b) omit “a Primary Care trust,”.

(3) In subsection (3)(a)—

(a) 40after “for” insert “the Board or a clinical commissioning group,”, and

(b) omit “a Primary Care Trust,”.

112 (1) Section 215 (trustees and property under section 222) is amended as follows.

(2) Omit subsection (2)(b) and the preceding “and”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

“(za) 5on trust for any purposes of the Board for which
trustees have been appointed under paragraph 11 of
Schedule A1,

(zb) on trust for any purposes of the clinical
commissioning group for which trustees have been
10appointed under paragraph 15 of Schedule 1A,”, and

(b) omit paragraph (a).

(4) In subsection (4)—

(a) after the second “and” insert “the Board, clinical commissioning
group,”,

(b) 15omit “the Primary Care Trust,” (in each place it occurs), and

(c) after the second “by” insert “the Board, clinical commissioning
group,”.

113 In section 216 (application of trust property: further provisions), in
subsection (3), after “or 214” insert “of this Act or section 300 or 302 of the
20Health and Social Care Act 2012”.

114 In section 217 (trusts: supplementary provisions), in subsection (1)—

(a) after paragraph (e) insert—

“(ea) paragraph 11 of Schedule A1,

(eb) paragraph 15 of Schedule 1A,”,

(b) 25omit paragraph (f), and

(c) omit paragraph (g).

115 In section 218 (private trusts for hospitals), in subsection (4)—

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

(b) in paragraph (c) omit “or Primary Care Trust” (in both places where
30it occurs), and

(c) for paragraph (d) substitute —

“(d) in any other case—

(i) where the hospital is vested in the Secretary of
State, the Special Health Authority exercising
35functions of the Secretary of State in respect of
it or, where there is no such Special Health
Authority, the Secretary of State,

(ii) where the Welsh Ministers have functions in
respect of the hospital, the Special Health
40Authority or Local Health Board exercising
those functions.”

116 In section 220 (trust property previously held for general hospital purposes),
in subsection (2), after “or 214” insert “of this Act or section 300 or 302 of the
Health and Social Care Act 2012”.

117 (1) 45Section 222 (power to raise money) is amended as follows.

(2) In subsection (3) for “the Secretary of State” substitute “the appropriate
authority”.

(3) After subsection (3) insert—

“(3A) In subsection (3) “appropriate authority” means—

(a) 5in relation to a clinical commissioning group, the Board, and

(b) in relation to any other body to which this section applies, the
Secretary of State.”

(4) In subsection (9), for “section 224 or 226” substitute “section 225”.

118 (1) In section 223 (formation of companies), in each of subsections (1), (2) and (5)
10after “Secretary of State” insert “or the Board”.

(2) After that section insert—

“223A Application of section 223 to clinical commissioning groups

(1) Section 223 applies in relation to a clinical commissioning group as it
applies in relation to the Board.

(2) 15But the powers conferred by that section are exercisable by a clinical
commissioning group only for the purpose of securing
improvement—

(a) in the physical and mental health of the people for whom it
has responsibility for the purposes of section 3, or

(b) 20in the prevention, diagnosis and treatment of illness in such
people.”

119 Omit section 224 (means of meeting expenditure of Strategic Health
Authorities).

120 (1) Section 226 (financial duties of Strategic Health Authorities and Special
25Health Authorities) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (3) —

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

(b) for “subsection (1) or (2)” substitute “subsection (2)”.

(4) 30In subsection (4) omit “Strategic Health Authority or” (in each place where
it occurs).

(5) In subsection (5) omit “Strategic Health Authority or”.

(6) In subsection (6) omit “Strategic Health Authority or”.

(7) In subsection (7)—

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

(b) omit paragraph (b)(i) and the word “or” immediately following it,
and

(c) omit paragraph (c)(i) and the word “or” immediately following it,
and

(d) 40in the words following paragraph (c) omit “Strategic Health
Authority or”.

(8) In the heading to the section, omit “Strategic Health Authorities and”.

121 (1) Section 227 (resource limits for Strategic Health Authorities and Special
Health Authorities) is amended as follows.

(2) In subsection (1), omit “Strategic Health Authority and each”.

(3) In subsection (2)(b) omit “Strategic Health Authority or”.

(4) 5In subsection (3) omit “Strategic Health Authority or”.

(5) In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.

(6) In the heading to the section, omit “Strategic Health Authorities and”.

122 Omit sections 228 to 231 (funding of Primary Care Trusts etc).

123 In section 234 (special arrangement as to payment of remuneration), omit
10subsection (4).

124 (1) Section 236 (payment for medical examination before application for
admission to hospital under the Mental Health Act) is amended as follows.

(2) In subsection (1), for “the Secretary of State” substitute “the prescribed
clinical commissioning group”.

(3) 15In subsection (2)(b)—

(a) after “report made” insert “—

(i)”,

(b) omit “a Primary Care Trust,”,

(c) before “NHS trust” insert “an”, and

(d) 20at the end insert “, or

(ii) pursuant to arrangements made by the
National Health Service Commissioning
Board or a clinical commissioning group, or

(iii) pursuant to arrangements made in the
25exercise (by any person) of the public health
functions of the Secretary of State or a local
authority.”

125 Omit Schedule 14 (further provision about expenditure of Primary Care
Trusts).

126 (1) 30Schedule 15 (accounts and audits) is amended as follows.

(2) In paragraph 1(1)—

(a) omit paragraph (a),

(b) omit paragraph (c), and

(c) omit paragraph (g).

(3) 35In paragraph 5, omit sub-paragraph (2).

(4) Omit paragraph 7.

(5) In paragraph 8(3) omit “or 7”.

(6) Omit paragraph 9.

Part 11 Public involvement and scrutiny

127 (1) Section 242 (public involvement and consultation) is amended as follows.

(2) In subsection (1A)—

(a) 5omit paragraph (a), and

(b) omit paragraph (b).

(3) Omit subsections (4) and (5).

128 Omit sections 242A and 242B (duties of Strategic Health Authorities in
relation to involvement of users).

129 10In section 246 (overview and scrutiny committees: exempt information), in
subsection (3)(a), omit “, or under regulations under section 12A(4),”.

Part 12 Miscellaneous

130 After section 254 insert—

15“Support functions of the Secretary of State

Support functions of the Secretary of State

254A (1) The Secretary of State may, for the purpose of assisting any person
exercising functions in relation to the health service or providing
services for its purposes—

(a) 20provide (or otherwise make available) to the person goods,
materials or other facilities;

(b) facilitate the recruitment and management of the person’s
staff;

(c) develop or operate information or communication systems;

(d) 25do such other things to facilitate or support the carrying out
of the person’s functions or other activities as the Secretary of
State considers appropriate;

(e) arrange for any other person to do anything mentioned in
paragraphs (a) to (d) or to assist the Secretary of State in
30doing any such thing.

(2) The power conferred by subsection (1)(a) includes power to
purchase goods and materials for the purpose of providing them or
making them available.

(3) The Secretary of State may, in connection with anything done under
35subsection (1), make available the services of any person employed
by the Secretary of State.

(4) The powers conferred by this section may be exercised on such
terms, including terms as to the making of payments to or by the
Secretary of State, as may be agreed.