Health and Social Care Bill (HL Bill 132)

(c) omit paragraph (f).

148 (1) Section 21 (controlled activity relating to children) is amended as follows.

(2) In subsection (5)(a), omit “, or regulations under section 12A(4),”.

(3) In subsection (8)(aa), omit “, or under regulations under section 12A(4),”.

149 5In section 22 (controlled activity relating to vulnerable adults), in subsection
(6) in the definition of “hospital services” omit paragraph (d).

150 In section 59 (vulnerable adults), in subsection (1)(ia), omit “, or under
regulations under section 12A(4),”.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)2007 (c. 19)

151 10In section 6 of the Corporate Manslaughter and Corporate Homicide Act
2007 (emergencies), in subsection (7) in the definition of “relevant NHS
body”—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;”,
15and”

(b) in paragraph (a)—

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

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

(iii) omit “Primary Care Trust,”.

20Local Government and Public Involvement in Health Act 2007 (c. 28)Local Government and Public Involvement in Health Act 2007 (c. 28)

152 The Local Government and Public Involvement in Health Act 2007 is
amended as follows.

153 (1) Section 222 (arrangements relating to local care services) is amended as
follows.

(2) 25In subsection (3)—

(a) after paragraph (c) insert “or

(ca) a clinical commissioning group.”,

(b) omit paragraph (d), and

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

(3) 30After that subsection insert—

“(3A) The arrangements must not be made with the National Health
Service Commissioning Board.”

154 In section 224 (duties of services-providers to respond to local involvement
networks)—

(a) 35for “services-provider”, in each place it appears, substitute
“responsible person”,

(b) in subsection (2), before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;

(zb) a clinical commissioning group;”,

(c) 40in that subsection, omit paragraph (c), and

(d) in the title, for “services-providers” substitute “responsible persons”.

155 In section 225 (duties of services-providers to allow entry by local
involvement networks), in subsection (7), omit paragraph (c).

156 In section 227 (annual reports), in subsection (4)(b)—

(a) omit “each Primary Care Trust,”,

(b) 5omit “and”,

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

(d) omit the words from “any” to the end.

Criminal Justice and Immigration Act 2008 (c. 4)Criminal Justice and Immigration Act 2008 (c. 4)

157 In section 119 of the Criminal Justice and Immigration Act 2008 (offence of
10causing nuisance or disturbance on NHS premises), in subsection (4) in the
definition of “relevant English NHS body”, omit paragraph (b).

Health and Social Care Act 2008 (c. 14)2008 (c. 14)

158 The Health and Social Care Act 2008 is amended as follows.

159 In section 30 (urgent procedure for cancellation), in subsection (3)—

(a) 15before paragraph (a) insert—

“(za) in any case where regulations so provide, to the
National Health Service Commissioning Board,”,

(b) in paragraph (a)—

(i) at the beginning insert “in any case where regulations so
20provide,”,

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

(iii) omit “Primary Care Trust”, and

(c) omit paragraph (b).

160 In section 39 (bodies required to be notified of certain matters), in subsection
25(1)—

(a) before paragraph (a) insert—

“(za) in any case where regulations so provide, to the
National Health Service Commissioning Board,”,

(b) in paragraph (a)—

(i) 30at the beginning insert “in any case where regulations so
provide,”,

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

(iii) omit “Primary Care Trust”, and

(c) omit paragraph (b).

161 35In section 46 (reviews and investigations)—

(a) omit subsection (1),

(b) omit subsection (2), and

(c) in subsections (4) and (6)(a), for “a body’s” substitute “a local
authority’s”.

162 40In section 48 (special reviews and investigations)—

(a) in subsection (2) after paragraph (b) (and before the “or”
immediately following it) insert—

“(ba) the exercise of the functions of the National Health
Service Commissioning Board or a clinical

commissioning group in arranging for the provision
of NHS care under the National Health Service Act
2006,”, and

(b) in subsection (8) omit paragraph (a) and the word “or” immediately
5following it.

163 In section 49 (power to extend periodic review function), in subsection (3)—

(a) omit “a Primary Care Trust,”, and

(b) omit “another English NHS provider or”.

164 In section 54 (studies as to economy, efficiency etc)—

(a) 10omit subsection (2)(b), and

(b) in subsection (5) after “reference to” insert “the National Health
Service Commissioning Board, a clinical commissioning group or”.

165 In section 59 (additional functions) at the end insert—

“(3) The references in subsection (1) to English NHS bodies do not
15include references to the National Health Service Commissioning
Board or clinical commissioning groups.”

166 In section 64 (power to require documents and information), in subsection
(2)(b)—

(a) after “commissioned by” insert “—

(i) 20the National Health Service Commissioning
Board,

(ii) a clinical commissioning group, or

(iii)”, and

(b) omit “a Primary Care Trust”.

167 25In section 70 (co-operation between the Care Quality Commission and the
Independent Regulator of NHS foundation trusts, in subsection (3)(a) omit
“section 46 or”.

168 In section 72 (provision of material to the Comptroller and Auditor
General)—

(a) 30omit paragraph (a), and

(b) in paragraph (b), for “such a body” substitute “an English NHS
body”.

169 In section 81 (publication of programme of reviews etc), in subsection (2)
after paragraph (a) and before the “and” immediately following it insert—

“(aa) 35the National Health Service Commissioning Board,”.

170 (1) Section 97 (general interpretation of Part 1) is amended as follows.

(2) In subsection (1) in the definition of “English NHS body”—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) 40before paragraph (d) insert—

• “( ca)

  the National Health Service Commissioning
  Board,

  (cb)

  a clinical commissioning group,”.

(3) In that subsection in the definition of “English NHS provider” omit
45paragraph (a).

(4) In that subsection in the definition of “NHS care”—

(a) after “health care” insert “—

• (a)

  commissioned by the National Health Service
  Commissioning Board or by a clinical
  5commissioning group (whether from an
  English NHS provider or not), or”, and

  (ii)

(b) omit from “provided by” to the end.

(5) After subsection (2) insert—

“(2A) 10Any reference in this Part to health care commissioned by the
National Health Service Commissioning Board or by a clinical
commissioning group is a reference to health care provided by other
persons pursuant to arrangements made by the Board or a clinical
commissioning group under the National Health Service Act 2006
15(including arrangements so made by virtue of section 7A of that
Act).”

(6) Omit subsection (3).

171 In section 153 (directions to certain NHS bodies) in subsection (1)—

(a) omit paragraph (a), and

(b) 20omit paragraph (b).

Education and Skills Act 2008 (c. 25)2008 (c. 25)

172 The Education and Skills Act 2008 is amended as follows.

173 In section 16 (supply of information by public bodies), in subsection (2)—

(a) omit paragraph (c),

(b) 25omit paragraph (d), and

(c) before paragraph (e) insert—

• “( da)

  a clinical commissioning group,”.

174 In section 77 (supply of information by public bodies), in subsection (2)—

(a) omit paragraph (c),

(b) 30omit paragraph (d), and

(c) before paragraph (e) insert—

“(da) a clinical commissioning group,”.

Autism Act 2009 (c. 15)2009 (c. 15)

175 In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the
35definition of “NHS body”—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) before paragraph (d) insert—

• “( ca)

  the National Health Service Commissioning
  40Board;

  (cb)

  a clinical commissioning group;”.

Local Democracy, Economic Development and Construction Act 2009 (c. 20)Local Democracy, Economic Development and Construction Act 2009 (c. 20)

176 In section 123 of the Local Democracy, Economic Development and
Construction Act 2009 (partner authorities), in subsection (2)—

(a) after paragraph (h) insert—

“(ha) 5a clinical commissioning group;”, and

(b) omit paragraph (i).

Health Act 2009 (c. 21)2009 (c. 21)

177 The Health Act 2009 is amended as follows.

178 In each of the following provisions for “NHS services” substitute “health
10services”—

(a) the title to Part 1,

(b) section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and

(c) the definitions of “carers”, “patients” and “staff” in section 3(7).

179 (1) Section 2 (duty to have regard to NHS constitution) is amended as follows.

(2) 15In subsection (1), for “NHS functions” substitute “health service functions”.

(3) In subsection (2)—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) before paragraph (d) insert—

“(ca) 20the National Health Service Commissioning Board;

(cb) clinical commissioning groups;

(cc) local authorities (within the meaning of section 2B of
the National Health Service Act 2006);”.

(4) In subsection (3), for “an “NHS function”” substitute “a “health service
25function””.

(5) In subsection (4)—

(a) before paragraph (a) insert—

“(za) provides health services under arrangements made
by the National Health Service Commissioning Board
30or a clinical commissioning group under or by virtue
of section 3, 3A, 3B or 4 of, or Schedule 1 to, the
National Health Service Act 2006,”,

(b) omit the word “or” at the end of paragraph (a), and

(c) after paragraph (b) insert ‘, or

“(c) 35provides health services under arrangements made
by a local authority for the purposes of its functions
under or by virtue of section 2B or 6C(1) of, or
Schedule 1 to, that Act.”

(6) In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za),
40(a), (b) or (c)”.

180 (1) Section 3 (availability and review of NHS constitution) is amended as
follows.

(2) In subsection (3), omit paragraph (d).

(3) Omit subsection (8).

181 (1) Section 8 (duty of providers to publish information) is amended as follows.

(2) In subsection (1) for “NHS services” (in each place where it occurs) substitute
“relevant health services”.

(3) 5Omit subsection (2)(a).

(4) In subsection (3) for paragraphs (a) to (c) substitute—

“(a) provides health services as mentioned in section 2(4)(za) or
(a), or

(b) in pursuance of a contract, agreement or arrangements as
10mentioned in section 2(4)(za) or (a), makes arrangements for
another person to provide health services,”.

(5) For subsection (6) substitute—

“(6) In this section—

• “health services” has the same meaning as in Chapter 1;

• 15“relevant health services” means health services the provision
  of which is arranged by the National Health Service
  Commissioning Board or a clinical commissioning group
  under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1
  to, the National Health Service Act 2006 or under or by virtue
  20of Parts 4 to 7 of that Act.”

182 In section 9 (supplementary provision about the duty to publish
information), in subsection (3), for “a Strategic Health Authority” substitute
“Monitor”.

183 In section 36 (disclosure of information by Her Majesty’s Revenue and
25Customs), in subsection (3) after paragraph (a) insert—

“(aa) the National Health Service Commissioning Board;”.

Equality Act 2010 (c. 15)2010 (c. 15)

184 The Equality Act 2010 is amended as follows.

185 In section 1 (public sector duty regarding socio-economic inequalities), in
30subsection (3)—

186 In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the
group of entries that includes entries for bodies whose functions relate to the
35health service—

(a) at the beginning insert—

• “ The National Health Service Commissioning Board.

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

(b) 40in the entry for an NHS trust, for “that Act” substitute “the National
Health Service Act 2006”,

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

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

Child Poverty Act 2010 (c. 9)2010 (c. 9)

187 In section 20 of the Child Poverty Act 2010 (partner authorities), in
subsection (2)—

(a) after paragraph (e) insert—

“(ea) 5a clinical commissioning group;”,

Charities Act 2011 (c. 25)Charities Act 2011 (c. 25)

188 In section 149 of the Charities Act 2011 (audit or examination of English NHS
10charity accounts), in subsection (7)—

(a) omit paragraph (a),

(b) omit paragraph (b),

(c) before paragraph (c) insert—

“(ba) the National Health Service Commissioning Board,

(bb) 15a clinical commissioning group,

(bc) trustees for the National Health Service
Commissioning Board appointed in pursuance of
paragraph 11 of Schedule A1 to the National Health
Service Act 2006, or

(bd) 20trustees for a clinical commissioning group appointed
in pursuance of paragraph 15 of Schedule 1A to that
Act,”, and

(d) omit paragraph (f).

Section 55(3)

SCHEDULE 6 25Part 1: transitional provision

Interpretation

1 (1) This paragraph applies for the purposes of this Schedule.

(2) “The initial period” means the period that—

(a) begins with the commencement of section 25, and

(b) 30ends with the day specified by the Secretary of State for the purposes
of section 14A of the 2006 Act (as inserted by section 25).

(3) “An initial application” means an application under section 14B of that Act
which is made during the initial period.

(4) “The Board” means the National Health Service Commissioning Board.

(5) 35“The 2006 Act” means the National Health Service Act 2006.

Modification of requirements as to consultation

2 (1) If, at any time before the commencement of section 9, the Secretary of State
consults a Special Health Authority as to the making of regulations under
section 3B of the 2006 Act (as inserted by section 15), the consultation is to be

treated for the purposes of subsection (4)(b) of section 3B as consultation
with the Board.

(2) If, at any time before the commencement of section 9, the Secretary of State
consults a Special Health Authority about the objectives or requirements to
5be included in the first mandate published under section 13A of the 2006 Act
(as inserted by section 23), the consultation is to be treated for the purposes
of subsection (8)(a) of section 13A as consultation with the Board.

Directions under section 7 of the 2006 Act

3 (1) This paragraph applies if section 21 is commenced before section 33(1).

(2) 10Until section 33(1) is commenced, section 7(1) of the 2006 Act has effect as if
after “Special Health Authority” there were inserted “or Strategic Health
Authority”.

(3) Sub-paragraph (4) applies in relation to any direction given under section
7(1) of the 2006 Act to a Strategic Health Authority which has effect
15immediately before section 21 is commenced.

(4) Until section 33(1) is commenced, the direction continues to have effect as if
given to the Strategic Health Authority under section 7(1) of the 2006 Act (as
it has effect by virtue of sub-paragraph (2)).

(5) Sub-paragraph (6) applies in relation to any direction given under section
207(2) of the 2006 Act to a Special Health Authority in respect of the functions
of a Strategic Health Authority which has effect immediately before section
21 is commenced.

(6) Until section 33(1) is commenced, the direction continues to have effect as if
given to the Special Health Authority in respect of the functions of the
25Strategic Health Authority under section 7(1) of the 2006 Act.

(7) Any reference in this paragraph to section 7(1) of the 2006 Act is a reference
to that provision as amended by section 21.

4 (1) This paragraph applies if section 21 is commenced before section 34(1).

(2) Until section 34(1) is commenced, section 7(1) of the 2006 Act has effect as if
30after “Special Health Authority” there were inserted “or Primary Care
Trust”.

(3) Sub-paragraph (4) applies in relation to any direction given under section
7(1) of the 2006 Act to a Primary Care Trust which has effect immediately
before section 21 is commenced.

(4) 35Until section 34(1) is commenced, the direction continues to have effect as if
given to the Primary Care Trust under section 7(1) of the 2006 Act (as it has
effect by virtue of sub-paragraph (2)).

(5) Sub-paragraph (6) applies in relation to any direction given under section
7(2) of the 2006 Act to a Special Health Authority in respect of the functions
40of a Primary Care Trust which has effect immediately before section 21 is
commenced.

(6) Until section 34(1) is commenced, the direction continues to have effect as if
given to the Special Health Authority in respect of the functions of the
Primary Care Trust under section 7(1) of the 2006 Act.

(7) Any reference in this paragraph to section 7(1) of the 2006 Act is a reference
to that provision as amended by section 21.

5 (1) Sub-paragraph (2) applies in relation to any direction given under section
7(1) of the 2006 Act to a Special Health Authority which has effect
5immediately before section 21 is commenced.

(2) The direction continues to have effect on and after the commencement of
that section as if given under section 7(1) of the 2006 Act (as amended by
section 21).

(3) The amendment made by section 21(6) does not affect—

(a) 10the validity of any direction made by an instrument in writing which
continues to have effect by virtue of sub-paragraph (2),

(b) any power to vary such a direction otherwise than for the purpose of
directing the Special Health Authority concerned to exercise an
additional function, or

(c) 15any power to revoke such a direction.

6 Any reference in paragraphs 3 to 5 to the commencement of section 21 is to
its commencement by virtue of an order under section 306(4) (and not to its
commencement for limited purposes by virtue of section 306(1)(d)).

Exercise of Secretary of State’s functions in relation to Primary Care Trusts

7 (1) 20The Secretary of State may, at any time during the initial period, direct the
Board to exercise any functions of the Secretary of State that—

(a) relate to Primary Care Trusts or Strategic Health Authorities, and

(b) are specified in the direction.

(2) Sub-paragraph (1) does not apply to any power or duty of the Secretary of
25State to make an order or regulations.

(3) Any rights acquired, or liabilities (including liabilities in tort) incurred, in
respect of the exercise by the Board of any function exercisable by it by virtue
of sub-paragraph (1) are enforceable by or against the Board (and no other
person).

30Conditional establishment of clinical commissioning groups

8 (1) Regulations may make provision authorising the Board to grant an initial
application where the Board is not satisfied as to the matters mentioned in
section 14C(2) of the 2006 Act.

(2) In the following provisions of this paragraph, any reference to the grant of
35an initial application is a reference to the grant of such an application by
virtue of the regulations.

(3) The regulations may authorise the Board to impose conditions on the grant
of an initial application.

(4) The regulations may, in relation to a clinical commissioning group
40established under section 14D of the 2006 Act on the grant of an initial
application, authorise the Board—

(a) to direct the group not to exercise any functions specified in the
direction;

(b) to give directions to the group about the exercise of any of its
functions.

(5) If the regulations authorise the Board to give a direction mentioned in sub-
paragraph (4)(a), they may also authorise or require the Board to—

(a) 5exercise any functions specified in such a direction on behalf of the
clinical commissioning group;

(b) arrange for another clinical commissioning group to exercise those
functions on behalf of the group.

(6) The 2006 Act applies in relation to a clinical commissioning group
10established on the grant of an initial application with such modifications as
may be specified in the regulations.

(7) The regulations may, in particular, provide for the power in section 14Z21(7)
of the 2006 Act to be exercisable by the Board where a clinical commissioning
group is failing or has failed to comply with any conditions imposed by
15virtue of the regulations.

(8) The regulations may make provision requiring the Board to keep under
review any conditions imposed or directions given by virtue of the
regulations.

(9) The regulations must make provision authorising the Board to vary or
20remove any conditions imposed, or to vary or revoke any directions given,
by virtue of the regulations.

(10) The regulations may make provision—

(a) as to factors which the Board must or may take into account in
deciding how to exercise any power conferred on the Board by the
25regulations;

(b) as to the procedure to be followed by the Board before exercising any
such power.

(11) Sub-paragraph (12) applies if all the conditions imposed and directions
given in relation to a clinical commissioning group are removed or (as the
30case may be) revoked.

(12) In relation to any time after the day on which the clinical commissioning
group ceases to be subject to any conditions or directions, the group is to be
deemed to have been established by virtue of an application granted under
section 14C of the 2006 Act.

35Exercise of functions of clinical commissioning groups during initial period

9 (1) This paragraph applies to a clinical commissioning group if the application
for its establishment is granted under section 14C of the 2006 Act during the
initial period.

(2) The Board may direct that, during that period, the clinical commissioning
40group may only exercise such of its functions as are specified in the
direction.