(5) In this section, “the health service” does not include that part of the
health service that is provided in pursuance of the public health
functions of the Secretary of State or local authorities.”

131 (1) Section 256 (power of Primary Care Trusts to make payments towards
5expenditure on community services) is amended as follows.

(2) In subsection (1) for “A Primary Care Trust” substitute “The Board or a
clinical commissioning group”.

(3) In subsection (3)—

(a) for “A Primary Care Trust” substitute “The Board or a clinical
10commissioning group”, and

(b) for “the Primary Care Trust” substitute “the Board or (as the case
may be) the clinical commissioning group”.

(4) After subsection (5) insert—

“(5A) The Secretary of State may by directions to the Board specify the
15minimum amount which the Board must spend in a financial year in
making payments under—

(a) this section;

(b) subsection (1) of this section;

(c) subsection (3) of this section.

(5B) 20The Secretary of State may by directions to the Board specify—

(a) a body or description of bodies to whom payments under
subsection (1) or (3), or under either or both of those
subsections, must be made by the Board in a financial year;

(b) functions or activities, or descriptions of functions or
25activities, in respect of which such payments must be made
by the Board in a financial year;

(c) the minimum amount that the Board must spend in a
financial year in making such payments—

(i) to a body or description of bodies specified in relation
30to the year under paragraph (a);

(ii) in respect of functions or activities, or descriptions of
functions or activities, specified in relation to the year
under paragraph (b);

(iii) to a body or description of bodies specified in relation
35to the year under paragraph (a) in respect of functions
or activities or descriptions of functions or activities
so specified under paragraph (b).”

132 In section 257 (payments in respect of voluntary organisations under section
256), in subsection (2) for “the Primary Care Trust” substitute “the Board or
40the clinical commissioning group”.

133 (1) Section 258 (university clinical teaching and research) is amended as
follows.

(2) In subsection (1)—

(a) for “The Secretary of State must exercise his functions under this
45Act” substitute “The functions under this Act of the Secretary of
State, the Board and each clinical commissioning group must be
exercised”, and

(b) for “he” substitute “the Secretary of State, the Board or the clinical
commissioning group (as the case may be)”.

(3) In subsection (2), in paragraph (a)—

(a) after “exercisable by” insert “the Board,”,

(b) 5after “a” insert “clinical commissioning group,”,

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

(d) omit “Primary Care Trust,”.

134 (1) Section 259 (sale of medical practices) is amended as follows.

(2) In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section
1083(2)”.

(3) After that subsection insert—

“(4A) The reference in subsection (4)(e) to arrangements under section
83(2) of this Act includes a reference to arrangements made under
section 83(2)(b) of this Act before the commencement of paragraph
1531 of Schedule 4 to the Health and Social Care Act 2012 (sub-
paragraph (2) of which replaces section 83(2)).”

(4) In subsection (5), in the definition of “relevant area”—

(a) after ““relevant area”” insert “—”, and

• (a)

(b) 20at the end insert “;

• (b)

  in relation to the Board, in a case where a
  person has at any time provided or performed
  services by arrangement or contract with the
  Board, means the prescribed area (at the
  25prescribed time).”

135 Omit section 268 (persons displaced by health service development), and the
cross-heading which precedes it.

136 In section 271 (territorial limit of exercise of functions), in the words in
brackets in subsection (3)(a), after “directions to” insert “certain”.

137 30After section 271 insert—

“271A Services to be treated as services of the Crown for certain purposes

(1) Services to which this section applies are to be treated as services of
the Crown for the purposes of—

(a) Schedule 1 to the Registered Designs Act 1949 (provisions as
35to the use of registered designs for the services of the Crown
etc.), and

(b) sections 55 to 59 of the Patents Act 1977 (use of patented
inventions for the services of the Crown).

(2) This section applies to services provided in pursuance of—

(a) 40the functions of the Board or a clinical commissioning group
under section 3, 3A, 3B or 4 or Schedule 1, or

(b) the public health functions of a local authority.”

138 (1) Section 272 (orders, regulations, rules and directions) is amended as follows.

(2) In subsection (3)—

(a) omit paragraph (b), and

(b) omit paragraph (d).

(3) In subsection (5)—

(a) omit “a PCT order, or”, and

(b) 5before paragraph (a) insert—

“(za) section 14A(1),”.

139 (1) Section 273 (further provision about orders and directions) is amended as
follows.

(2) In subsection (3) for “by a Strategic Health Authority” substitute “by the
10Board”.

(3) In subsection (4)(c)(ii)—

(a) after “8,” insert “13Z1,”, and

(b) omit “15,”.

140 (1) Section 275 (interpretation) is amended as follows.

(2) 15In subsection (1)—

(a) before the definition of “dental practitioner” insert—

• ““the Board” means the National Health Service
  Commissioning Board,

• “clinical commissioning group” means a body
  20established under section 14D of this Act,”,

(b) in the definition of “health service hospital” omit “a Primary Care
Trust,”, and

(c) after the definition of “modifications” insert—

• ““NHS body” means—

  (a)

  25the Board,

  (b)

  a clinical commissioning group,

  (c)

  a Special Health Authority,

  (d)

  an NHS trust,

  (e)

  an NHS foundation trust, and

  (f)

  30a Local Health Board.”

(3) In subsection (3)—

(a) omit “or 15”,

(b) omit “Strategic Health Authority,” (in both places where it occurs),
and

(c) 35omit “Primary Care Trust or” (in both places where it occurs).

(4) Until the commencement of section 33, the definition of “NHS body” in
section 275 of the National Health Service Act 2006 has effect as if it included
a reference to a Strategic Health Authority.

(5) Until the commencement of section 34, the definition of “NHS body” in
40section 275 of the National Health Service Act 2006 has effect as if it included
a reference to a Primary Care Trust.

141 (1) Section 276 (index of defined expressions) is amended as follows.

(2) Omit the entry relating to “NHS body”.

(3) After the entry for “LPS scheme” insert—

(4) Omit the entry relating to “PCT order”.

(5) After the entry relating to “provider, in relation to an NHS contract” insert—

Section 55(2)

SCHEDULE 5 10Part 1: amendments of other enactments

Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

1 In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936
(definitions)—

(a) in the definition of “voluntary hospital”, for “, NHS foundation trust
15or a Primary Care Trust” substitute “or an NHS foundation trust”,
and

(b) omit the definition of “Primary Care Trust”.

National Assistance Act 1948 (c. 29)National Assistance Act 1948 (c. 29)

2 The National Assistance Act 1948 is amended as follows.

3 (1) 20Section 24 (local authority’s liability for provision of accommodation) is
amended as follows.

(2) In subsection (6A), in paragraph (b), omit “Primary Care Trust or”.

(3) Omit subsection (6B).

(4) In consequence of the repeal made by sub-paragraph (3), omit paragraph 1
25of Schedule 1 to the Health Act 2009.

4 In section 26 (provision of accommodation in premises maintained by
voluntary organisations), in subsection (1C)—

(a) after “such” insert “clinical commissioning group or”, and

(b) omit “Primary Care Trust or”.

30Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

5 In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of
Civil Interests) Act 1951 (capacities in respect of which payments under Part
5 of the Act may be made, and paying authorities), in paragraph 15—

(a) in the first column (headed “capacity”), after “Officer of” insert “the
35National Health Service Commissioning Board, a clinical
commissioning group,”,

(b) in that column, omit “a Strategic Health Authority,”,

(c) in the second column (headed “paying authority”), after “The” insert
“National Health Service Commissioning Board, clinical
commissioning group,”, and

(d) 5in that column, omit “Strategic Health Authority,”.

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

6 In Schedule 1 to the Public Records Act 1958 (bodies the records of which are
public records), in paragraph 3(2) in the Table, in the second column of the
first entry relating to the Department of Health—

(a) 10after “Authorities including” insert “the National Health Service
Commissioning Board, clinical commissioning groups,”,

(b) after “records of trust property passing to” insert “the National
Health Service Commissioning Board, a clinical commissioning
group,”,

(c) 15after “section 161 of the National Health Service (Wales) Act 2006” (in
the second place it occurs) insert “or section 300 of the Health and
Social Care Act 2012”,

(d) after “or held by” insert “the National Health Service Commissioning
Board, a clinical commissioning group or”, and

(e) 20after “that Act, or” (in the second place where it occurs) insert “by
virtue of section 2 and section 13X of, or paragraph 20 of Schedule 1A
to, that Act, or under”.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)Public Bodies (Admission to Meetings) Act 1960 (c. 67)

7 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
25(bodies to which the Act applies), in paragraph 1—

(a) omit paragraph (ea),

(b) before paragraph (g) insert—

“(fa) the National Health Service Commissioning Board,
except as regards the exercise of functions under
30the National Health Service (Service Committees
and Tribunal) Regulations 1992, or any regulations
amending or replacing those Regulations;”, and

(c) omit paragraph (gg).

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

8 35In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not
subject to investigation), in paragraph 8—

(a) in sub-paragraph (1)—

(i) after “Secretary of State by” insert “a local authority, the
National Health Service Commissioning Board, a clinical
40commissioning group”,

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

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

(b) in sub-paragraph (2)—

(i) after “action taken by” insert “a local authority, the National
45Health Service Commissioning Board, a clinical
commissioning group or”,

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

(iii) omit “or Primary Care Trust”.

Abortion Act 1967 (c. 87)Abortion Act 1967 (c. 87)

9 In section 1 of the Abortion Act 1967 (location of treatment for termination
5of pregnancy), in subsection (3) omit “a Primary Care Trust or”.

Leasehold Reform Act 1967 (c. 88)Leasehold Reform Act 1967 (c. 88)

10 In section 28 of the Leasehold Reform Act 1967 (land required for public
purposes)—

(a) in subsection (5), in paragraph (d)—

(i) 10after “to” insert “the National Health Service Commissioning
Board, any clinical commissioning group,”,

(ii) omit “any Strategic Health Authority,”, and

(iii) omit “, any Primary Care Trust”, and

(b) in subsection (6), in paragraph (c)—

(i) 15after “in the case of” insert “the National Health Service
Commissioning Board, a clinical commissioning group,”,

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

(iii) omit “, Primary Care Trust”.

Health Services and Public Health Act 1968 (c. 46)Health Services and Public Health Act 1968 (c. 46)

11 20The Health Services and Public Health Act 1968 is amended as follows.

12 (1) Section 63 (provision of instruction for officers of hospital authorities etc.) is
amended as follows.

(2) In subsection (1)—

(a) after “servants of” insert “the National Health Service
25Commissioning Board or a clinical commissioning group,”,

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

(c) omit “, Primary Care Trust”.

(3) In subsection (2)—

(a) in paragraph (a) before “or the council” insert “, the National Health
30Service Commissioning Board, a clinical commissioning group”, and

(b) in paragraph (b) for “a Primary Care Trust” substitute “the National
Health Service Commissioning Board”.

(4) In subsection (5A)—

(a) omit “Strategic Health Authority” (in each place where it occurs),
35and

(b) omit “, Primary Care Trust” (in each place where it occurs).

(5) In subsection (5B)—

(a) omit paragraph (za), and

(b) omit paragraph (bb).

13 40In section 64 (financial assistance to certain voluntary organisations), in
subsection (3)(b)—

(a) after “City of London” insert “or a service for the provision of which
the National Health Service Commissioning Board or a clinical
commissioning group has, by virtue of the National Health Service
Act 2006, a duty or power to make arrangements”,

(b) 5for “a Primary Care Trust or local Health Board are” substitute “a
local Health Board is”,

(c) omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”,
and

(d) omit “Primary Care Trust or”.

10Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

14 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969
(employers exempted from insurance), in subsection (2)(a)—

(a) after “National Health Service and Community Care Act 1990,”
insert “the National Health Service Commissioning Board, a clinical
15commissioning group established under section 14D of the National
Health Service Act 2006,”, and

(b) omit “, a Primary Care Trust established under section 18 of the
National Health Service Act 2006”.

Local Authority Social Services Act 1970 (c. 42)Local Authority Social Services Act 1970 (c. 42)

15 20In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions) in the entry relating to the Children Act 1989, in the column
headed “Nature of functions”—

(a) after “accommodated” insert “pursuant to arrangements made by
the Secretary of State, the National Health Service Commissioning
25Board or a clinical commissioning group under the National Health
Service Act 2006 or”, and

(b) omit “Primary Care Trusts,”.

Chronically Sick and Disabled Persons Act 1970 (c. 44)Chronically Sick and Disabled Persons Act 1970 (c. 44)

16 (1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation
30of younger from older patients) is amended as follows.

(2) In subsection (1) for “The Secretary of State” substitute “The Welsh
Ministers”.

(3) In subsection (2) (as substituted by the National Health Service
Reorganisation Act 1973)—

(a) 35for “The Secretary of State” substitute “The Welsh Ministers”,

(b) for “each House of Parliament” substitute “the National Assembly
for Wales”,

(c) for “as he considers” substitute “as they consider”, and

(d) for “in him” substitute “in them”.

40Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70)

17 In section 113 of the Local Government Act 1972 (placing of staff of local
authorities at disposal of certain persons)—

(a) in subsection (1A)—

(i) after “with” insert “the Secretary of State, the National Health
Service Commissioning Board,”,

(ii) after “Local Health Board,” (in each place where it occurs)
insert “clinical commissioning group,”,

(iii) 5omit “Primary Care Trust,” (in each place where it occurs),

(iv) in paragraph (a), after “disposal of” insert “the Secretary of
State, the National Health Service Commissioning Board,”,
and

(v) in paragraph (b), after “employed by” insert “the Secretary of
10State, the National Health Service Commissioning Board,”,
and

(b) in subsection (4)—

(i) after “above”, insert ““Secretary of State” means the Secretary
of State in relation to the exercise of functions under section
152A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the
National Health Service Act 2006,”,

(ii) before ““NHS trust”” insert ““clinical commissioning group”
means a body established under section 14D of the National
Health Service Act 2006, and”, and

(iii) 20omit the words from “and “Primary Care Trust”” to the end.

Local Government Act 1974 (c. 7)Local Government Act 1974 (c. 7)

18 In section 26 of the Local Government Act 1974 (matters subject to
investigation by Local Commissioner), in subsection (1), after paragraph (c)
insert—

“(d) 25an alleged or apparent failure in a service provided by the
authority in pursuance of arrangements under section 7A of
the National Health Service Act 2006;

(e) an alleged or apparent failure to provide a service in
pursuance of such arrangements.”

30Health and Safety at Work etc. Act 1974 (c. 37)1974 (c. 37)

19 (1) Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary
provision about the Employment Medical Advisory Service) is amended as
follows.

(2) In subsection (1) for “each Primary Care Trust and Local Health Board”
35substitute “the National Health Service Commissioning Board or each
clinical commissioning group (in relation to England) and each Local Health
Board (in relation to Wales)”.

(3) In subsection (2)—

(a) omit “for one of their”, and

(b) 40for ““each” to “its”” substitute ““the National” to “arranges””.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

20 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership of the House)—

(a) omit the entry relating to the chairman or any member of a Primary
45Care Trust,

(b) in the entry relating to the chairman or any member of any Strategic
Health Authority or Special Health Authority, omit “Strategic Health
Authority, or”, and

(c) at the appropriate place insert—

• 5“Chairman or non-executive member of the National Health Service
  Commissioning Board.”

Acquisition of Land Act 1981 (c. 67)Acquisition of Land Act 1981 (c. 67)

21 The Acquisition of Land Act 1981 is amended as follows.

22 In section 16 (land excluded from compulsory purchase), in subsection (3)—

(a) 10after paragraph (a) insert—

“(aa) the National Health Service Commissioning Board;

(ab) a clinical commissioning group established under
section 14D of the National Health Service Act 2006;”,
and”

(b) 15omit paragraph (c).

23 In section 17 (special parliamentary procedure applying to compulsory
purchase orders concerning certain land), in subsection (4) in the definition
of “statutory undertakers”—

(a) omit paragraph (ad), and

(b) 20before paragraph (b) insert—

“(ae) the National Health Service Commissioning Board,

(af) a clinical commissioning group established under
section 14D of the National Health Service Act 2006,”.

Mental Health Act 1983 (c. 20)Mental Health Act 1983 (c. 20)

24 25The Mental Health Act 1983 is amended as follows.

25 In section 19 (regulations as to transfers of patients), in subsection (3)—

(a) for “NHS foundation trust,”, in each place it appears, substitute
“NHS foundation trust or”, and

(b) omit “or Primary Care Trust” in each place it appears.

26 30In section 23 (discharge of patients), in subsection (5)(a)—

(a) for “, Special Health Authority”, in each place it appears, substitute
“or Special Health Authority”,

(b) omit “or Primary Care Trust” in each place it appears, and

(c) omit “, trust” in each place it appears.

27 35In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3),
omit “, Primary Care Trusts”.

28 (1) Section 39 (power of court to request information from hospitals) is
amended as follows.

(2) In subsection (1)—

(a) 40omit “Primary Care Trust or” in each place it appears,

(b) in paragraph (a), after the first “the” insert “clinical commissioning
group or”,

(c) in paragraph (b), at the beginning insert “the National Health Service
Commissioning Board or”,

(d) in that paragraph, after “or any other” insert “clinical commissioning
group or”,

(e) 5after “such information as that” insert “clinical commissioning group
or”,

(f) after “Local Health Board or”, in each place it appears, insert “the
National Health Service Commissioning Board or the”,

(g) after “order, and that” insert “clinical commissioning group or”.

(3) 10After subsection (1) insert—

“(1ZA) A request under this section to the National Health Service
Commissioning Board may relate only to services or facilities the
provision of which the Board arranges.”

(4) In consequence of the repeals made by sub-paragraph (2), omit paragraph
1546 of Schedule 2 to the National Health Service Reform and Health Care
Professions Act 2002.

29 In section 134 (patients’ correspondence), in subsection (3)(e)—

(a) at the beginning insert “the National Health Service Commissioning
Board, a clinical commissioning group,”,

(b) 20omit “Strategic Health Authority,”,

(c) for “, Special Health Authority” substitute “or Special Health
Authority”, and

(d) omit “or Primary Care Trust”.

30 In section 139 (protection for acts done in pursuance of that Act), in
25subsection (4)—

(a) after “the Secretary of State or against” insert “the National Health
Service Commissioning Board, a clinical commissioning group,”,

(b) omit “Strategic Health Authority,”,

(c) for “, Special Health Authority” substitute “or Special Health
30Authority”, and

(d) omit “or Primary Care Trust”.

31 (1) In section 145 (interpretation), in subsection (1)—

(a) in the definition of “the managers”, in paragraph (a)—

(i) after “the National Health Service (Wales) Act 2006,” (in the
35second place where it occurs) insert “the Secretary of State
where the Secretary is responsible for the administration of
the hospital or”,

(ii) omit “Primary Care Trust,”, and

(iii) omit “Strategic Health Authority,”,

(b) 40in paragraph (bb) of that definition, omit “a Primary Care Trust or”,

(c) omit the definition of “Primary Care Trust”, and

(d) omit the definition of “Strategic Health Authority”.

(2) In consequence of the repeals made by sub-paragraph (1)—

(a) omit paragraph 49 of Schedule 2 to the National Health Service
45Reform and Health Care Professions Act 2002, and

(b) omit paragraph 70(e) and (g) of Schedule 1 to the National Health
Service (Consequential Provisions) Act 2006.