Health and Social Care Bill (HL Bill 132)

Public Health (Control of Disease) Act 1984 (c. 22)Public Health (Control of Disease) Act 1984 (c. 22)

32 In section 13 of the Public Health (Control of Disease) Act 1984 (regulations
for control of certain diseases), in subsection (4)(a)—

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

(b) 5omit “, Primary Care Trusts”.

Dentists Act 1984 (c. 24)Dentists Act 1984 (c. 24)

33 The Dentists Act 1984 is amended as follows.

34 In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).

35 In section 36M (guidance for dental care professionals), in subsection (8)
10omit paragraph (a).

36 In section 40 (definition of “business of dentistry”), in subsection (2)(aa)—

(a) omit “under section 92 of the National Health Service Act 2006 or”,

(b) after “section 100” insert “of the National Health Service Act 2006 or
an agreement under section 107”,

(c) 15omit “under section 50 of the National Health Service (Wales) Act
2006 or”, and

(d) after “section 57” insert “of the National Health Service (Wales) Act
2006 or an agreement under section 64”.

37 In section 50D (rules: consultation), in subsection (4) omit paragraph (a).

20Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

38 The Disabled Persons (Services, Consultation and Representation) Act 1986
is amended as follows.

39 In section 2 (rights of authorised representatives of disabled persons)—

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

(i) 25after “hospital accommodation” (in the first place it occurs)
insert “provided pursuant to arrangements made by the
National Health Service Commissioning Board or a clinical
commissioning group under the National Health Service Act
2006 or”,

(ii) 30for “the Secretary of State under section (3)(1)(a)” substitute
“the Secretary of State under section 2A or 2B”, and

(iii) omit “by a Primary Care Trust established under that Act,”,

(b) in subsection (7) in paragraph (a), after “provision of services” insert
“, or the arrangement for the provision of services,”, and

(c) 35in subsection (9) in the definition of “health authority”, in paragraph
(a)—

(i) after “means” insert “the National Health Service
Commissioning Board, a clinical commissioning group or”,

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

(iii) 40omit “or a Primary Care Trust”.

40 In section 7 (persons discharged from hospital), in subsection (9)—

(a) in the definition of “health authority”, in paragraph (a) for “a
Primary Care Trust” substitute “a clinical commissioning group”,
and

(b) in the definition of “the managers”—

(i) 5in paragraph (a)(i) for “, an NHS foundation trust or a
Primary Care Trust” substitute “or an NHS foundation trust”,

(ii) in the words following paragraph (a)(iii) after “means the”
insert “Secretary of State where the Secretary of State is
responsible for the administration of the hospital, or means
10the”,

(iii) in those words omit “Strategic Health Authority,”, and

(iv) omit paragraph (bb).

41 In section 11 (reports to Parliament)—

(a) in subsection (1ZA) omit “subsection (1ZB) extends to England and
15Wales only and”, and

(b) omit subsection (1ZB).

42 In section 16 (interpretation), in subsection (1)—

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

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

20Dartford-Thurrock Crossing Act 1988 (c. 20)Dartford-Thurrock Crossing Act 1988 (c. 20)

43 In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from
tolls), in paragraph (b)—

(a) omit “a Strategic Health Authority established under section 13 of
the National Health Service Act 2006,”,

(b) 25for “that Act” substitute “the National Health Service Act 2006”, and

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

Copyright, Designs and Patents Act 1988 (c. 48)Copyright, Designs and Patents Act 1988 (c. 48)

44 In section 48 of the Copyright, Designs and Patents Act 1988 (material
30communicated to the Crown in the course of public business), in subsection
(6)—

(a) after “the National Health Service and Community Care Act 1990,”
insert “the National Health Service Commissioning Board, a clinical
commissioning group established under section 14D of the National
35Health Service Act 2006,”, and

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

Health and Medicines Act 1988 (c. 49)Health and Medicines Act 1988 (c. 49)

45 In section 7 of the Health and Medicines Act 1988 (extension of powers for
40financing health service), in subsection (3)(i) omit the words from the second
“the” to “trust, or”.

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

46 In section 144 of the Road Traffic Act 1988 (exception to requirement for
third party insurance), in subsection (2)(da) omit “by a Primary Care Trust
established under section 18 of the National Health Service Act 2006”.

5Children Act 1989 (c. 41)Children Act 1989 (c. 41)

47 The Children Act 1989 is amended as follows.

48 In section 21 (provision of accommodation for children in police protection
etc), in subsection (3)—

(a) for “Secretary of State,” substitute “Secretary of State or”,

(b) 10omit “or a Primary Care Trust” (in each place where it occurs), and

(c) after “arrangements made by” insert “the Secretary of State, the
National Health Service Commissioning Board or a clinical
commissioning group under the National Health Service Act 2006
or”.

49 15In section 24 (persons qualifying for advice and assistance), in subsection
(2)—

(a) in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”,
and

(b) in that paragraph, in sub-paragraph (ii) after “provided” insert
20“pursuant to arrangements made by the Secretary of State, the
National Health Service Commissioning Board or a clinical
commissioning group under the National Health Service Act 2006
or”.

50 In section 24C (information), in subsection (2)—

(a) 25in paragraph (b) for “, Special Health Authority or Primary Care
Trust” substitute “or Special Health Authority”, and

(b) in paragraph (c) after “provided” insert “pursuant to arrangements
made by the Secretary of State, the National Health Service
Commissioning Board or a clinical commissioning group under the
30National Health Service Act 2006 or”.

51 In section 27 (co-operation between authorities), in subsection (3)—

(a) after paragraph (c) insert—

“(ca) the National Health Service Commissioning Board;”,
and”

(b) 35in paragraph (d)—

(i) after “any” insert “clinical commissioning group,”, and

(ii) omit “, Primary Care Trust”.

52 In section 29 (recoupment of cost of providing services), in subsection (8) in
paragraph (c)—

(a) 40for “Secretary of State,” substitute “Secretary of State or”,

(b) omit “or a Primary Care Trust” (in both places where it occurs),

(c) after “arrangements made by” insert “the Secretary of State, the
National Health Service Commissioning Board or a clinical
commissioning group under the National Health Service Act 2006 or
45by”, and

(d) omit “a Strategic Health Authority,”.

53 In section 47 (local authority’s duty to investigate), in subsection (11)—

(a) after paragraph (c) insert—

“(ca) the National Health Service Commissioning Board;”,
and”

(b) 5in paragraph (d)—

(i) after “any” insert “clinical commissioning group,”, and

(ii) omit “, Primary Care Trust”.

54 In section 80 (inspection of children’s homes)—

(a) in subsection (1), in paragraph (d) —

(i) 10omit “, Primary Care Trust”, and

(ii) after “NHS foundation trust” insert “or pursuant to
arrangements made by the Secretary of State, the National
Health Service Commissioning Board or a clinical
commissioning group under the National Health Service Act
152006”,

(b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and

(c) after that paragraph insert—

“(ea) person providing accommodation for a child
pursuant to arrangements made by the Secretary of
20State, the National Health Service Commissioning
Board or a clinical commissioning group under the
National Health Service Act 2006;”.

55 In section 85 (children accommodated by health authorities)—

(a) in subsection (1) omit “Primary Care Trust,”, and

(b) 25after subsection (2) insert—

“(2ZA) Where a child is provided with accommodation—

(a) by a body which is not mentioned in subsection (1),
and

(b) pursuant to arrangements made by the Secretary of
30State, the National Health Service Commissioning
Board or a clinical commissioning group under the
National Health Service Act 2006,

subsections (1) and (2) apply in relation to the Secretary of
State, the Board or (as the case may be) the clinical
35commissioning group as if it were the accommodating
authority.”

56 (1) Section 105 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) before the definition of “community home” insert—

• 40““clinical commissioning group” means a body
  established under section 14D of the National Health
  Service Act 2006;”,

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

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

(3) 45After subsection (7) insert—

“(7A) References in this Act to a hospital or accommodation made
available or provided pursuant to arrangements made by the

Secretary of State under the National Health Service Act 2006 are
references to a hospital or accommodation made available or
provided pursuant to arrangements so made in the exercise of the
public health functions of the Secretary of State (within the meaning
5of that Act).

(7B) References in this Act to arrangements made by the National Health
Service Commissioning Board or a clinical commissioning group
under the National Health Service Act 2006 include references to
arrangements so made by virtue of section 7A of that Act.”

10Local Government and Housing Act 1989 (c. 42)1989 (c. 42)

57 In section 2 of the Local Government and Housing Act 1989 (politically
restricted posts), in subsection (6), after paragraph (za) insert—

“(zb) the director of public health appointed under section 73A(1)
of the National Health Service Act 2006;”.

15National Health Service and Community Care Act 1990 (c. 19)National Health Service and Community Care Act 1990 (c. 19)

58 The National Health Service and Community Care Act 1990 is amended as
follows.

59 In section 47 (assessment of needs for community care services), in
subsection (3)—

(a) 20before paragraph (a) insert—

“(za) that there may be a need for the provision to that
person, pursuant to arrangements made under the
National Health Service Act 2006 by such clinical
commissioning group as may be determined in
25accordance with regulations, of any services
(including services that may be provided pursuant to
such arrangements by virtue of section 7A of that
Act),”,

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

(c) 30in that paragraph omit “the National Health Service Act 2006 or”,

(d) in the text following paragraph (b), omit “Primary Care Trust,” (in
both places where it occurs), and

(e) in that text, before “Health Authority” (in both places it occurs) insert
“clinical commissioning group,”.

60 35In section 49 (transfer of staff to local authorities), in subsection (4)(b)—

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

(b) omit “Primary Care Trust,”.

61 In section 60 (removal of crown immunities), in subsection (7)—

(a) in paragraph (a) omit the words from “a Strategic” to “2006 or”, and

(b) 40in paragraph (aa) for “that Act” substitute “the National Health
Service Act 2006”.

Access to Health Records Act 1990 (c. 23)Access to Health Records Act 1990 (c. 23)

62 The Access to Health Records Act 1990 is amended as follows.

63 In section 1, in subsection (2) (meaning of “holder” in relation to a health
record)—

(a) in paragraph (a)—

(i) for “a Primary Care Trust or” substitute “the National Health
5Service Commissioning Board or a”, and

(ii) omit “Trust or”, and

(b) in paragraph (aa)—

(i) for “a Primary Care Trust, Strategic Health Authority or”
substitute “the National Health Service Commissioning
10Board or a”, and

(ii) omit “Trust, Authority or”.

64 In section 11 (interpretation)—

(a) in the definition of “health service body”, in paragraph (a)—

(i) omit “Strategic Health Authority,”,

(ii) 15for “, Local” substitute “or Local”, and

(iii) omit “or Primary Care Trust”,

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

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

London Local Authorities Act 1991 (c. xiii)

65 20In section 4 of the London Local Authorities Act 1991 (interpretation) in the
definition of “establishment for special treatment”, in paragraph (d) for “by
a Primary Care Trust established under section 18 of the National Health
Service Act 2006” substitute “by any person in pursuance of arrangements
made by the National Health Service Commissioning Board or by a clinical
25commissioning group under the National Health Service Act 2006
(including by virtue of section 7A of that Act)”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

66 In section 279 of the Trade Union and Labour Relations (Consolidation) Act
1992 (health service practitioners)—

(a) 30in subsection (1), in paragraph (a) for “a Primary Care Trust”
substitute “the National Health Service Commissioning Board”,

(b) in that paragraph, after “or” (in the first place it occurs) insert “a”,

(c) in the words after paragraph (b) in that subsection, omit “authority
or”,

(d) 35in subsection (2), in paragraph (a) for “a Primary Care Trust,
Strategic Health Authority or” substitute “the National Health
Service Commissioning Board or a”,

(e) in paragraph (b) of that subsection, for “a Primary Care Trust or”
substitute “the National Health Service Commissioning Board or a”,

(f) 40in that paragraph, for “entered into by him with a Primary Care
Trust” substitute “entered into by him with the National Health
Service Commissioning Board”, and

(g) in the words after that paragraph, omit “Trust, Authority or.”

Health Service Commissioners Act 1993 (c. 46)Health Service Commissioners Act 1993 (c. 46)

67 45The Health Service Commissioners Act 1993 is amended as follows.

68 In section 2 (health service bodies subject to investigation), in subsection
(1)—

(a) omit paragraph (a),

(b) omit paragraph (da), and

(c) 5after paragraph (db) insert—

“(dc) the National Health Service Commissioning Board,

(dd) clinical commissioning groups.”

69 In section 2A (health service providers subject to investigation), in
subsection (1)(a) for “a Primary Care Trust” substitute “the National Health
10Service Commissioning Board”.

70 (1) Section 14 (reports etc. by the Commissioner) is amended as follows.

(2) In subsection (1)—

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

(b) omit paragraph (e) and the preceding “and”.

(3) 15In subsection (2A)—

(a) at the end of paragraph (d) insert “and”, and

(b) omit paragraph (f) and the preceding “and”.

(4) In subsection (2C)—

(a) at the end of paragraph (d) insert “and”, and

(b) 20omit paragraph (f) and the preceding “and”.

(5) Omit subsection (2E)(e).

(6) In subsection (2G)—

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

(b) omit paragraph (e) and the preceding “and”.

71 25In section 19 (interpretation), in the definition of “direct payment services”,
omit “, or under regulations under section 12A(4),”.

Health Authorities Act 1995 (c. 17)Health Authorities Act 1995 (c. 17)

72 In Schedule 2 to the Health Authorities Act 1995 (property, rights and
liabilities), in paragraph 2—

(a) 30in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and

(b) in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health
Authority,”.

Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

73 The Employment Rights Act 1996 is amended as follows.

74 35In section 43K (extension of meaning of “worker” etc for Part IVA)—

(a) in subsection (1)(ba) for “a Primary Care Trust” (in each place where
it occurs) substitute “the National Health Service Commissioning
Board”,

(b) in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the
40National Health Service Commissioning Board”, and

(c) in subsection (2)(aa) for “the Primary Care Trust or” substitute “the
National Health Service Commissioning Board, or the”.

75 In section 50 (right to time off for public duties), in subsection (8)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board,

(zb) a clinical commissioning group established under
5section 14D of the National Health Service Act 2006,”
and”

(b) in paragraph (b)—

(i) omit “a Strategic Health Authority established under section
13 of the National Health Service Act 2006,”, and

(ii) 10omit “or a Primary Care Trust established under section 18 of
the National Health Service Act 2006,”.

76 In section 218 (change of employer), in subsection (10)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board,

(zb) 15a clinical commissioning group established under
section 14D of the National Health Service Act 2006,”

(b) omit paragraph (a),

(c) in paragraph (b) for “that Act” substitute “the National Health
Service Act 2006”,

(d) 20omit paragraph (bb), and

(e) in paragraph (c) for “that Act” substitute “the National Health
Service Act 2006”.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)Housing Grants, Construction and Regeneration Act 1996 (c. 53)

77 In section 3 of the Housing Grants, Construction and Regeneration Act 1996,
25in subsection (2)(f) (persons ineligible for grants)—

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

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

(c) omit “, Primary Care Trust”.

30Education Act 1996 (c. 56)Education Act 1996 (c. 56)

78 The Education Act 1996 is amended as follows.

79 (1) Section 322 (duty of certain bodies to help local authorities) is amended as
follows.

(2) In subsection (1)—

(a) 35after “another local authority,” insert “the National Health Service
Commissioning Board, a clinical commissioning group or”,

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

(c) for “the board, authority or trust” substitute “that body”.

(3) In subsection (2), for “An authority, a board or a trust” substitute “A body”.

(4) 40In subsection (3), in paragraph (a)—

(a) after “request is made of” insert “the National Health Service
Commissioning Board, a clinical commissioning group or”,

(b) omit “or Primary Care Trust”, and

(c) for “that board or trust” substitute “that body”.

(5) In subsection (4)—

(a) for “an authority, a board” substitute “a local authority, the National
Health Service Commissioning Board, a clinical commissioning
group or a Local Health Board”, and

(b) 5omit “or a trust”.

80 (1) Section 332 (duty of certain NHS bodies to notify parent) is amended as
follows.

(2) In subsection (1)—

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

(b) 10omit “a Primary Care Trust,”.

(3) In subsection (2) for “trust” (in each place where it occurs) substitute “other
body”.

(4) In subsection (3) for “trust” substitute “other body”.

81 In section 579 (general interpretation), in subsection (1) in the definition of
15“school buildings” in paragraph (c) for the words from “for enabling” to
“functions” substitute “for the carrying out of functions”.

Audit Commission Act 1998 (c. 18)Audit Commission Act 1998 (c. 18)

82 In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not
subject to certain Commission studies)—

(a) 20omit paragraph (a), and

(b) omit paragraph (b).

Data Protection Act 1998 (c. 29)Data Protection Act 1998 (c. 29)

83 In section 69 of the Data Protection Act 1998 (meaning of “health
professional”)—

(a) 25in subsection (1), in paragraph (k) for “such a body” substitute “a
health service body”,

(b) in subsection (3), omit paragraph (a),

(c) in that subsection, before paragraph (b) insert—

“(aa) the Secretary of State in relation to the exercise of
30functions under section 2A or 2B of, or paragraph 7C,
8 or 12 of Schedule 1 to, the National Health Service
Act 2006,

(ab) a local authority in relation to the exercise of functions
under section 2B or 111 of, or any of paragraphs 1 to
357B or 13 of Schedule 1 to, that Act,”, and

(d) in that subsection, omit paragraph (bb).

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

84 The Crime and Disorder Act 1998 is amended as follows.

85 In section 5 (authorities responsible for crime and disorder strategies), in
40subsection (1)(e) for “Primary Care Trust” substitute “clinical
commissioning group”.

86 In section 38 (local provision of youth justice services), in subsection (2)(b)—

(a) after “local probation board” insert “, clinical commissioning group
or”, and

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

(c) omit “or Primary Care Trust”.

87 5In section 39 (Youth Offending Teams), in subsection (3)(b)—

(a) after “local probation board” insert “, clinical commissioning group
or”,

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

(c) omit “or Primary Care Trust”.

88 10In that section, in subsection (5)(d)—

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

(b) omit “a Primary Care Trust or”.

89 In section 41 (the Youth Justice Board), in subsection (10)—

(a) after “provider of probation services,” insert “a clinical
15commissioning group,”,

(b) for “, a Strategic Health Authority,” substitute “and”, and

(c) omit “and a Primary Care Trust”.

90 In section 42 (supplementary provisions), in subsection (3)—

(a) after “provider of probation services,” insert “a clinical
20commissioning group,”,

(b) for “, a Strategic Health Authority,” substitute “or”, and

(c) omit “or a Primary Care Trust”.

91 In section 115, in subsection (2) (disclosure of information to relevant
authorities)—

(a) 25omit paragraph (ea),

(b) after paragraph (f) insert—

“(fa) the National Health Service Commissioning Board;

(fb) a clinical commissioning group;”, and

(c) omit paragraph (g).

30Health Act 1999 (c. 8)Health Act 1999 (c. 8)

92 The Health Act 1999 is amended as follows.

93 In section 61 (English and Scottish border provisions)—

(a) in subsection (2)—

(i) after “Secretary of State” insert “, the National Health Service
35Commissioning Board”,

(ii) after “any” insert “clinical commissioning group”,

(iii) omit “Strategic Health Authority”, and

(iv) omit “or Primary Care Trust”, and

(b) in subsection (5)—

(i) 40after “any” insert “clinical commissioning group”, and

(ii) omit “Primary Care Trust”.

94 In Schedule 4 (amendments relating to Primary Care Trusts)—

(a) omit paragraphs 1, 74, and 86, and the cross-heading preceding each
paragraph, and