Health and Social Care Bill (HL Bill 132)

(b) omit paragraphs 3(c), 82 and 85(2).

Greater London Authority Act 1999 (c. 29)Greater London Authority Act 1999 (c. 29)

95 In section 309E of the Greater London Authority Act 1999, in subsection (5)
(bodies to be included among relevant bodies for purposes of Mayor of
5London’s health inequalities strategy)—

(a) omit paragraph (f),

(b) omit paragraph (g), and

(c) before paragraph (h) insert—

“(ga) the Secretary of State in relation to the exercise of
10functions under section 2A or 2B of, or paragraph 7C,
8 or 12 of Schedule 1 to, the National Health Service
Act 2006,

(gb) the National Health Service Commissioning Board,

(gc) any clinical commissioning group (established under
15section 14D of the National Health Service Act 2006)
for an area wholly or partly in Greater London,”.

Care Standards Act 2000 (c. 14)Care Standards Act 2000 (c. 14)

96 In section 121 of the Care Standards Act 2000 (interpretation), in subsection
(1) in the definition of “National Health Service body”—

(a) 20omit “a Strategic Health Authority,”, and

(b) omit “, a Primary Care Trust”.

Government Resources and Accounts Act 2000 (c. 20)Government Resources and Accounts Act 2000 (c. 20)

97 (1) Section 14 of the Government Resources and Accounts Act 2000
(summarised accounts) is amended as follows.

(2) 25In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health
Service Act 2006 or”.

(3) Omit subsection (3).

(4) In subsection (4) for “that subsection” substitute “subsection (1)”.

Local Government Act 2000 (c. 22)Local Government Act 2000 (c. 22)

98 30In section 21C of the Local Government Act 2000 (reports and
recommendations of overview and scrutiny committees: duties of certain
bodies), in subsection (6)—

(a) before paragraph (b) insert—

“(aa) the National Health Service Commissioning Board,

(ab) 35a clinical commissioning group, or”, and

(b) omit paragraph (c) and the preceding “or”.

Regulation of Investigatory Powers Act 2000 (c. 23)Regulation of Investigatory Powers Act 2000 (c. 23)

99 In section 4 of the Regulation of Investigatory Powers Act 2000 (power to
provide for lawful interception) in subsection (5) for “section 8 of the
40National Health Service Act 2006” substitute “section 4(3A)(a) of the
National Health Service Act 2006”.

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

100 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales)—

(a) omit paragraph 36A,

(b) 5before paragraph 38 insert—

“37A The National Health Service Commissioning Board.

37B A clinical commissioning group established under section
14D of the National Health Service Act 2006.”, and

(c) omit paragraph 39.

10International Development Act 2002 (c. 1)International Development Act 2002 (c. 1)

101 In Schedule 1 to the International Development Act 2002 (statutory bodies
with powers under section 9 of that Act)—

(a) before the entry for a Health Board insert—

• “ the National Health Service Commissioning Board

• 15 a clinical commissioning group”,

(b) omit the entry for a Primary Care Trust, and

(c) omit the entry for a Strategic Health Authority.

National Health Service Reform and Health Care Professions Act 2002 (c. 17)National Health Service Reform and Health Care Professions Act 2002 (c. 17)

102 The National Health Service Reform and Health Care Professions Act 2002
20is amended as follows.

103 Omit Schedule 1 (English health authorities: change of name to Strategic
Health Authorities).

104 Omit Schedule 2 (consequential amendments concerning the reallocation of
functions to Primary Care Trusts).

25Adoption and Children Act 2002 (c. 38)Adoption and Children Act 2002 (c. 38)

105 The Adoption and Children Act 2002 is amended as follows.

106 In section 4 (assessments etc for adoption support services), in subsection
(9)—

(a) before paragraph (a) insert—

“(za) 30there may be a need for the provision to that person of
services that may be provided pursuant to
arrangements made by a clinical commissioning
group under the National Health Service Act 2006
(including by virtue of section 7A of that Act),”,

(b) 35in paragraph (a) omit “a Primary Care Trust”, and

(c) in the text following paragraph (b)—

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

(ii) omit “Primary Care Trust,”.

107 In section 8 (bodies which cannot be adoption support agencies), in
40subsection (2)—

(a) before paragraph (d) insert—

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

(b) in paragraph (d)—

(i) 5omit “, Primary Care Trust”, and

(ii) before “(in Wales,” insert “, clinical commissioning group”.

Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

108 In section 133(4) of the Nationality, Immigration and Asylum Act 2002
(power of medical inspector to disclose information to health service
10bodies), in paragraph (a)—

(a) omit sub-paragraph (i),

(b) before sub-paragraph (ii) insert—

“(ia) the National Health Service Commissioning
Board,

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

(ic) a local authority in relation to the exercise of
functions under section 2B or 111 of, or any of
20paragraphs 1 to 7B or 13 of Schedule 1 to, the
National Health Service Act 2006,”, and

(c) omit sub-paragraph (iii).

Community Care (Delayed Discharges etc.) Act 2003 (c. 5)Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

109 The Community Care (Delayed Discharges etc.) Act 2003 is amended as
25follows.

110 In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in
subsection (1), in the definition of “NHS body” in paragraph (b) omit “a
Primary Care Trust (in England) or”.

111 In section 9 (dispute resolution)—

(a) 30in subsection (1) omit “by Strategic Health Authorities in England
and”,

(b) at the end of that subsection insert “in relation to Wales”,

(c) in subsection (2) omit —

(i) “Strategic Health Authority or”, and

(ii) 35“Authority or”,

(d) in subsection (3)—

(i) for “the appropriate Minister considers” substitute “the
Welsh Ministers consider”,

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

(iii) 40omit “Authority or”, and

(e) in subsection (4)(a) omit “Strategic Health Authority or”.

Licensing Act 2003 (c. 17)Licensing Act 2003 (c. 17)

112 The Licensing Act 2003 is amended as follows.

113 In section 5(3) (statement of licensing policy)—

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

(b) after that paragraph insert—

“(bb) each local authority in England whose public health
functions within the meaning of the National Health
5Service Act 2006 are exercisable in respect of an area
any part of which is in the licensing authority’s area,”.

114 In section 13(4) (authorised persons, interested parties and responsible
authorities)—

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

(b) 10after that paragraph insert—

“(bb) the local authority in England whose public health
functions within the meaning of the National Health
Service Act 2006 are exercisable in respect of any area
in which the premises are situated,”.

115 15In section 16 (applicant for premises licence), in subsection (3), in the
definition of “health service body” omit paragraph (b).

116 In section 69(4) (authorised persons, interested parties and responsible
authorities)—

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

(b) 20after that paragraph insert—

“(bb) the local authority in England whose public health
functions within the meaning of the National Health
Service Act 2006 are exercisable in respect of any area
in which the premises are situated,”.

117 25In section 172B(4) (procedural requirements for early morning alcohol
restriction order)—

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

(b) after that paragraph insert—

“(da) the local authority in England whose public health
30functions within the meaning of the National Health
Service Act 2006 are exercisable in respect of an area
any part of which is in the area specified in the
order,”.

Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

118 35In section 42 of the Sexual Offences Act 2003 (care workers: interpretation)
in subsection (5), in the definition of “National Health Service body”—

(a) after paragraph (b) insert—

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

(bb) a local authority in relation to the exercise of functions
under section 2B or 111 of, or any of paragraphs 1 to
7B, or 13 of Schedule 1 to, the National Health Service
45Act 2006,”, and

(b) omit paragraph (c).

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

119 The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.

120 In section 45 (quality in health care), in subsection (4), omit “, or under
5regulations under section 12A(4),”.

121 In section 71 (reporting to Secretary of State and regulator)—

(a) in subsection (2), after “special measures” insert “or request another
person to take special measures”, and

(b) omit subsections (3) and (4).

122 10In section 113 (complaints about health care), in subsection (1), after
paragraph (c) insert—

“(d) anything done by the National Health Service
Commissioning Board or a clinical commissioning group in
pursuance of arrangements made under section 7A of the
15National Health Service Act 2006.”

123 In section 148 (interpretation of Part 2), in the definition of “English NHS
body”—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) 20before paragraph (d) insert—

“(ca) the National Health Service Commissioning Board;

(cb) a clinical commissioning group;”.

124 In section 160 (provision of information)—

(a) in subsection (1), after paragraph (g) insert—

“(h) 25if the injured person received NHS treatment
pursuant to arrangements made by a clinical
commissioning group under section 3 or 3A of the
National Health Service Act 2006, the clinical
commissioning group.”, and

125 In section 165 (power to apply provisions about recovery of charges to non-
NHS hospitals), in subsection (3)(b)—

(a) omit sub-paragraph (i), and

(b) 35before sub-paragraph (ii) insert—

“(ia) the National Health Service Commissioning
Board,

(ib) a clinical commissioning group,”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

126 40In section 325 of the Criminal Justice Act 2003 (arrangements for assessing
etc risks posed by certain offenders)—

(a) after subsection (6)(b) insert—

“(ba) the National Health Service Commissioning Board,”,

(b) after subsection (6)(d) insert—

“(da) every local authority (in its capacity as a person
exercising functions for the purposes of the health
service) any part of whose area falls within the
5relevant area,”,

(c) in subsection (6)(f) omit “or Strategic Health Authority”, and

(d) in subsection (6)(g)—

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

(ii) omit “Primary Care Trust or”.

10Carers (Equal Opportunities) Act 2004 (c. 15)Carers (Equal Opportunities) Act 2004 (c. 15)

127 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation
between authorities) is amended as follows.

(2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in
pursuance of arrangements made by”.

(3) 15In subsection (3) after “provide” insert “or arrange for the provision of”.

(4) In subsection (5)—

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

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

(cb) the National Health Service Commissioning Board,
and”, and

(b) in paragraph (d)—

(i) 25after “any” insert “clinical commissioning group,”, and

(ii) omit “Primary Care Trust,”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)Domestic Violence, Crime and Victims Act 2004 (c. 28)

128 In section 9 of the Domestic Violence, Crime and Victims Act 2004
(establishment and conduct of domestic homicide reviews), in the list in
30subsection (4)(a)—

(a) after the entry for local probation boards insert—

• “the National Health Service Commissioning Board;

• clinical commissioning groups established under
  section 14D of the National Health Service Act 2006;”,

(b) 35omit the entry for Strategic Health Authorities, and

(c) omit the entry for Primary Care Trusts.

Children Act 2004 (c. 31)Children Act 2004 (c. 31)

129 The Children Act 2004 is amended as follows.

130 In section 10 (co-operation to improve wellbeing), in subsection (4)—

(a) 40after paragraph (d) insert—

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

(b) after paragraph (da) (as inserted by paragraph (a) above) insert—

“(db) any clinical commissioning group for an area any part
of which falls within the area of the authority;”, and

(c) omit paragraph (e).

131 5In section 11 (arrangements to safeguard and promote welfare), in
subsection (1)—

(a) after paragraph (b) insert—

“(ba) the National Health Service Commissioning Board;”

(b) after paragraph (ba) (as inserted by paragraph (a) above) insert—

“(bb) 10a clinical commissioning group;”,

(c) omit paragraph (c), and

(d) omit paragraph (e).

132 In section 12A (establishment of children’s trust boards), after subsection (7)
at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.

133 15In section 13 (establishment of Local Safeguarding Children Boards), in
subsection (3)—

(a) after paragraph (d) insert—

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

(b) after paragraph (da) (as inserted by paragraph (a) above) insert—

“(db) 20any clinical commissioning group for an area any part
of which falls within the area of the authority;”, and

(c) omit paragraph (e).

Civil Contingencies Act 2004 (c. 36)Civil Contingencies Act 2004 (c. 36)

134 (1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2
25responders) is amended as follows.

(2) In Part 1 (which contains the general list of Category 1 responders)—

(a) after the cross-heading “Health” insert—

“4A The National Health Service Commissioning Board.”, and

(b) omit paragraph 7.

(3) 30In Part 3 (which contains the general list of Category 2 responders)—

(a) after the cross-heading “Health” insert—

“29ZA A clinical commissioning group established under section
14D of the National Health Service Act 2006.”, and

(b) omit paragraph 29A.

35Mental Capacity Act 2005 (c. 9)Mental Capacity Act 2005 (c. 9)

135 The Mental Capacity Act 2005 is amended as follows.

136 In section 35 (appointment of independent mental capacity advocates)—

(a) in subsection (1), for “appropriate authority” substitute “responsible
authority”,

(b) 40in subsection (4), for “appropriate authority” substitute “responsible
authority”, and

(c) after subsection (6) insert—

“(6A) In subsections (1) and (4), “the responsible authority”
means—

(a) in relation to the provision of the services of
5independent mental capacity advocates in the area of
a local authority in England, that local authority, and

(b) in relation to the provision of the services of
independent mental capacity advocates in Wales, the
Welsh Ministers.

(6B) 10In subsection (6A)(a), “local authority” has the meaning
given in section 64(1) except that it does not include the
council of a county or county borough in Wales.”

137 In section 64 (interpretation), in subsection (1) in the definition of “local
authority”, after “except in” insert “section 35(6A)(a) and”.

138 (1) 15Schedule A1 (hospital and care home residents: deprivation of liberty) is
amended as follows.

(2) In paragraph 176 (meaning of “managing authority”), in sub-paragraph
(1)—

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

(b) 20in that paragraph omit “Strategic Health Authority,”,

(c) after that paragraph insert—

“(aa) in relation to England, if the hospital falls within
paragraph (a)(i) or (ii) and no Special Health
Authority has responsibility for its administration,
25the Secretary of State;”, and

(d) in paragraph (b) omit “Primary Care Trust,”.

(3) In paragraph 180 (supervisory bodies: hospitals in England)—

(a) for sub-paragraph (2) substitute—

“(2) If the relevant person is ordinarily resident in the area of a
30local authority in England, the supervisory body are that
local authority.”,

(b) in sub-paragraph (3), after “If” insert “the relevant person is not
ordinarily resident in England and”,

(c) in sub-paragraph (4), for “the Primary Care Trust” substitute “the
35local authority”,

(d) after sub-paragraph (4) insert—

“(4A) Local authority” means—

(a) the council of a county;

(b) the council of a district for which there is no county
40council;

(c) the council of a London borough;

(d) the Common Council of the City of London;

(e) the Council of the Isles of Scilly.”, and

(e) in sub-paragraph (5), for “Primary Care Trusts” substitute “local
45authorities”.

(4) In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-

paragraph (3) substitute—

“(3) But if the relevant person is ordinarily resident in the area of a
local authority in England, the supervisory body are that local
authority.

(4) 5“Local authority” means—

(a) the council of a county;

(b) the council of a district for which there is no county
council;

(c) the council of a London borough;

(d) 10the Common Council of the City of London;

(e) the Council of the Isles of Scilly.”

(5) Before paragraph 183 insert the following heading—

“Supervisory bodies: determination of place of ordinary residence”.

(6) In that paragraph—

(a) 15in sub-paragraph (1), for “paragraph” substitute “paragraphs 180,
181 and”, and

(b) in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to
any determination of where a person is ordinarily resident for the
purposes of paragraph 182”.

20Childcare Act 2006 (c. 21)Childcare Act 2006 (c. 21)

139 In section 4 of the Childcare Act 2006 (duty of local authority and relevant
partners to work together), in subsection (1)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;”,
25and”

(b) in paragraph (a)—

(i) at the beginning insert “a clinical commissioning group”,

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

(iii) omit “or Primary Care Trust”.

30Emergency Workers (Obstruction) Act 2006 (c. 39)Emergency Workers (Obstruction) Act 2006 (c. 39)

140 In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing
emergency workers)—

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

(i) after “Wales,” insert “the Secretary of State in the exercise of
35public health functions, a local authority in the exercise of
public health functions, the National Health Service
Commissioning Board, a clinical commissioning group,”,
and

(ii) omit “, Primary Care Trust”, and

(b) 40after that subsection insert—

“(6) In subsection (5)(a) above “public health functions”—

(a) in relation to the Secretary of State, has the same
meaning as in section 1H(5)(a) of the National Health
Service Act 2006;

(b) in relation to a local authority, has the same meaning
5as in section 1H(5)(b) of that Act.”

National Health Service (Consequential Provisions) Act 2006 (c. 43)National Health Service (Consequential Provisions) Act 2006 (c. 43)

141 In Schedule 1 to the National Health Service (Consequential Provisions) Act
2006—

(a) omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b),
1054(b), 90(e), 112(a), 125(c), 141(a), 170(b), 179(b)(iv), 180(c), 211(d),
228(a), 233(c), 234(c), 271(c) and 294 (which make amendments
relating to Primary Care Trusts), and

(b) omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a),
228(c), 233(a), 234(a) and 271(e) (which make amendments relating to
15Strategic Health Authorities).

NHS Redress Act 2006 (c. 44)NHS Redress Act 2006 (c. 44)

142 The NHS Redress Act 2006 is amended as follows.

143 In section 1, in subsection (3)—

(a) after paragraph (a) insert—

“(aa) 20the National Health Service Commissioning Board,

(ab) a clinical commissioning group,”,

(b) omit paragraph (b),

(c) omit paragraph (c), and

(d) in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.

144 25In section 18 (interpretation), in subsection (1) omit the definition of
“designated Strategic Health Authority”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)Safeguarding Vulnerable Groups Act 2006 (c. 47)

145 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

146 In section 6 (regulated activity providers)—

(a) 30omit subsection (8D), and

(b) before subsection (9) insert—

“(8E) The National Health Service Commissioning Board or a
clinical commissioning group does not make arrangements
for another to engage in a regulated activity by virtue of
35anything the Board or the clinical commissioning group does
under section 12A or 12D, or regulations under 12B, of the
National Health Service Act 2006 (direct payments for health
services).”

147 In section 17 (NHS employment) in subsection (3)—

(a) 40before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;

(zb) a clinical commissioning group;”,

(b) omit paragraph (b), and