Health and Social Care Bill (HL Bill 132)

(2) Despite that repeal, that section is to continue, pending the commencement
of section 179 (abolition of NHS trusts in England) to have effect so far as
necessary for the purposes of sections 33 to 36 of that Act.

11 In section 275(1) (general interpretation), at the appropriate place, insert—

• 5““the regulator” means Monitor,”.

12 In section 276 (index of defined expressions), in the entry for “the regulator”,
for “section 31(1)” substitute “section 275(1)”.

National Health Service (Wales) Act 2006 (c. 42)National Health Service (Wales) Act 2006 (c. 42)

13 In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters
10to be contained in reports by overview and scrutiny committee of local
authority), for “the Independent Regulator of NHS Foundation Trusts”
substitute “Monitor”.

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

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

15 15In section 30(3) (urgent applications for cancellation of registration of service
provider: notice requirements), for paragraph (c) substitute—

“(c) where the person registered as a service provider is a person
who holds a licence under Chapter 3 of Part 3 of the Health
and Social Care Act 2012, to Monitor,”.

16 20In section 39(1) (notice requirements in relation to certain matters), for
paragraph (c) substitute—

“(c) where the person registered as a service provider in respect
of the activity is a person who holds a licence under Chapter
3 of Part 3 of the Health and Social Care Act 2012, to
25Monitor,”.

17 In section 59 (power for Secretary of State to confer additional functions on
Care Quality Commission), for subsection (2) substitute—

“(2) The Secretary of State must consult Monitor before making provision
under subsection (1) in relation to persons who hold licences under
30Chapter 3 of Part 3 of the Health and Social Care Act 2012.”

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

18 In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS
Constitution), for paragraph (f) substitute—

“(f) Monitor;”.

35Equality Act 2010 (c.15)2010 (c.15)

19 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public
sector equality duty), for the entry for the Independent Regulator of NHS
Foundation Trusts substitute “Monitor”.

Section 179

SCHEDULE 14 Abolition of NHS trusts in England: consequential amendments

Part 1 Amendments of the National Health Service Act 2006

1 5The National Health Service Act 2006 is amended as follows.

2 In section 4(2) (definition of “high security psychiatric services”), omit “and
paragraph 15 of Schedule 4 (NHS trusts)”.

3 In section 8(2) (bodies to whom Secretary of State may give directions), omit
paragraph (c).

4 10In section 9 (NHS contracts), omit subsection (3).

5 In section 40 (power of Secretary of State to give financial assistance to NHS
foundation trusts), for subsection (4) substitute—

“(4) For the purposes of subsection (3), an agreement is an externally
financed development agreement if it is certified as such by the
15Secretary of State.

(4A) The Secretary of State may give a certificate under subsection (4) if—

(a) in the opinion of the Secretary of State, the purpose or main
purpose of the agreement is the provision of facilities or
services in connection with the discharge by the NHS
20foundation trust of any of its functions, and

(b) a person proposes to make a loan to, or provide any other
form of finance for, another party in connection with the
agreement.

(4B) In subsection (4A)(b), “another party” means any party to the
25agreement other than the NHS foundation trust.”

6 In section 42 (public dividend capital), after subsection (1) insert—

“(1A) The reference in subsection (1) to an NHS trust is a reference to an
NHS trust which was established under section 25 of this Act before
its repeal by section 179 of the Health and Social Care Act 2012.”

7 30In section 51 (trust funds and trustees), omit subsection (4).

8 In section 56 (mergers of NHS foundation trusts)—

(a) in subsection (1)(b) (as amended by section 168(1)(a)), omit “or an
NHS trust established under section 25”, and

(b) in subsection (1A) (as inserted by section 168(2)), omit “(that is an
35NHS foundation trust)”.

9 In section 56A (acquisitions of NHS foundation trusts) (as inserted by
section 169)—

(a) in subsection (1)(b), omit “or an NHS trust established under section
25”,

(b) 40in subsection (2), omit “(that is an NHS foundation trust)”, and

(c) in subsection (3), omit paragraph (a) (and the following “and”).

10 In section 57 (mergers, acquisitions and separation of NHS foundation
trusts) (as amended by sections 172 and 173(2)(a))—

(a) in subsection (3)(a), omit “, an NHS trust established under section
25”,

(b) 5in subsection (4), omit “or an NHS trust established under section
25”, and

(c) omit subsection (5).

11 In section 65(1) (interpretation for provisions about NHS foundation trusts),
in the definition of “health service body”, omit “an NHS trust,”.

12 10In section 65A(1) (application of trust special administration regime), omit
paragraph (a).

13 (1) Omit section 65B (appointment of trust special administrator in relation to
NHS trust).

(2) In consequence of that repeal, omit section 174(2) of this Act.

14 15Omit section 65C (suspension of directors of NHS trust).

15 (1) Section 65F (special administrator’s draft report) is amended as follows.

(2) In subsection (1), for “the Secretary of State”, in each place it appears,
substitute “the regulator”.

(3) In subsection (2)(b)—

(a) 20omit “goods or”, and

(b) for “the Secretary of State” substitute “the regulator”.

(4) After subsection (2) insert—

“(2A) The administrator may not provide the draft report to the regulator
under subsection (1)—

(a) 25without having obtained from each commissioner a
statement that the commissioner considers that the
recommendation in the draft report would achieve the
objective set out in section 65DA, or

(b) where the administrator does not obtain a statement to that
30effect from one or more commissioners (other than the
Board), without having obtained a statement to that effect
from the Board.

(2B) Where the Board decides not to provide to the administrator a
statement to that effect, the Board must—

(a) 35give a notice of the reasons for its decision to the
administrator and to the regulator;

(b) publish the notice;

(c) lay a copy of it before Parliament.

(2C) In subsection (2A), “commissioner” means a person to which the
40trust provides services under this Act.”

(5) In subsection (3), for “the Secretary of State” substitute “the regulator”.

(6) Omit subsections (4) to (7).

(7) In consequence of those repeals, omit section 176(2) of this Act.

16 In section 65G (consultation plan), in subsection (4), omit “In the case of an
NHS foundation trust,”.

17 (1) Section 65H (consultation on draft report) is amended as follows.

(2) In subsection (7)—

(a) 5in paragraph (b), omit “goods or”, and

(b) in paragraphs (c) and (d), for “the Secretary of State” substitute “the
regulator”.

(3) In subsection (10), for “The Secretary of State” substitute “The regulator”.

(4) After that subsection insert —

“(10A) 10The Secretary of State may direct the regulator as to persons from
whom it should direct the administrator under subsection (10) to
request or seek a response.”

(5) Omit subsections (12) and (13).

(6) In consequence of those repeals, omit section 176(7) of this Act.

18 (1) 15Section 65I (administrator’s final report) is amended as follows.

(2) In subsection (1), for “the Secretary of State”, in each place it appears,
substitute “the regulator”.

(3) In subsection (3), for “the Secretary of State” substitute “the regulator”.

(4) Omit subsection (4).

(5) 20In consequence of that repeal, omit section 176(8) of this Act.

19 (1) Section 65J (power to extend time limits) is amended as follows.

(2) In subsection (2), for “the Secretary of State”, in each place it appears,
substitute “the regulator”.

(3) Omit subsection (5).

(4) 25In consequence of that repeal, omit section 176(9) of this Act.

20 (1) Omit section 65K (decision on action to take in relation to the trust) and the
preceding cross-heading.

(2) In consequence of those repeals, omit section 177(1) of this Act.

21 (1) Section 65KA (regulator’s decision in case of NHS foundation trust) is
30amended as follows.

(2) In subsection (1), omit “relating to an NHS foundation trust”.

(3) In subsection (5), for “the trust” substitute “the NHS foundation trust in
question”.

(4) For the title to that section substitute “The regulator’s decision”.

(5) 35Before that section, insert as a cross-heading “Action by the regulator and
the Secretary of State”.

22 (1) Section 65L (trusts coming out of administration) is amended as follows.

(2) In subsection (1)—

(a) for “65K” substitute “65KB(2) or 65KD(2) or (9)”, and

(b) for “the trust” substitute “the NHS foundation trust in question”.

(3) In subsection (2)—

(a) for “The Secretary of State” substitute “The regulator”, and

(b) 5for “and directors” substitute “, directors and governors”.

(4) Omit subsections (2A), (2B) and (6).

(5) In consequence of the repeal of subsections (2A) and (2B) of that section,
omit section 177(3) of this Act.

23 (1) Section 65M (replacement of special administrator) is amended as follows.

(2) 10In subsection (1), for “the Secretary of State”, in each place it appears,
substitute “the regulator”.

(3) In subsection (2), for “the Secretary of State” substitute “the regulator”.

(4) Omit subsection (3).

(5) In consequence of that repeal, omit section 178(1) of this Act.

24 (1) 15Section 65N (guidance) is amended as follows.

(2) In subsection (1), for “The Secretary of State” substitute “The regulator”.

(3) Omit subsection (4).

(4) In consequence of that repeal, omit section 178(3) of this Act.

25 In section 66 (intervention orders) (as amended by paragraph 8(1) of
20Schedule 21), in subsection (1), omit paragraph (a) and the “and” following
it.

26 In section 68 (default powers) (as amended by paragraph 10(1) of Schedule
21), in subsection (1), omit paragraph (a).

27 (1) In section 70(1) (transfer of residual liabilities of certain NHS bodies), omit
25“an NHS trust or”.

(2) For the title to section 70 substitute “Transfer of residual liabilities of Special
Health Authorities”.

28 In section 71 (schemes for meeting losses etc. of certain health bodies) (as
amended by paragraph 19 of Schedule 4)—

(a) 30in subsection (2), omit paragraph (c),

(b) in subsections (3) and (6), omit “NHS trust,”, and

(c) in subsection (5), omit “(c),”.

29 In section 77 (Care Trusts)—

(a) in subsection (1)(a) omit “an NHS Trust or”, and

(b) 35in subsections (10) and (12) omit “NHS trust or”.

30 Omit sections 78 and 79 (directed partnership arrangements).

31 In section 185(2) (charges for more expensive supplies), omit “an NHS trust”.

32 In section 186(2) (charges for repairs and replacements in certain cases), omit
“an NHS trust”.

33 In section 196(3) (bodies to which provisions about protection from fraud
etc. relate), omit paragraph (d).

34 In section 217(1) (supplementary provisions about trusts), omit paragraph
(h).

35 5In section 242 (public involvement and consultation)—

(a) in subsection (1)(b), for “relevant Welsh bodies” substitute “NHS
trusts”,

(b) in subsection (1A), in the definition of “relevant English body”, omit
paragraph (c),

(c) 10in that subsection, omit the definition of “relevant Welsh body”, and

(d) in subsection (2), for “relevant Welsh body” substitute “NHS trust”.

36 In section 272 (orders, regulations, rules and directions)—

(a) in subsection (3), omit paragraph (e), and

(b) omit subsection (5).

37 15In section 275 (interpretation), in subsection (1), in the definition of “NHS
trust”, for “includes” substitute “means”.

38 In section 276 (index of defined expressions), omit the entry for “NHS trust
order”.

39 (1) Schedule 15 (accounts and audit) is amended as follows.

(2) 20In paragraph 1—

(a) in sub-paragraph (1) omit paragraphs (d) and (e), and

(b) omit sub-paragraph (3).

(3) In paragraph 4(1), omit paragraph (b) and the “or” which precedes it.

(4) In paragraph 5—

(a) 25in sub-paragraph (1) for “neither a Special Health Authority nor
NHS Direct” substitute “not a Special Health Authority”, and

(b) in sub-paragraph (3) for “NHS body that is a Special Health
Authority or NHS Direct” substitute “Special Health Authority”.

(5)
In paragraph 6—

(a) 30in sub-paragraph (1) for “an NHS body that is a Special Health
Authority or NHS Direct” substitute “a Special Health Authority”,
and

(b) in sub-paragraph (3) for “body” substitute “Special Health
Authority”.

40 35In consequence of the repeal of section 56(6) by section 168(6) of this Act,
omit paragraph 84 of Schedule 5 to the Health and Social Care Act 2008.

Part 2 Amendments of other Acts

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

41 40In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936
(definitions), in the definition of “NHS trust” omit “the National Health
Service Act 2006 or”.

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

42 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which the Act applies), in paragraph 1(l) omit “section 25 of the
National Health Service Act 2006 or”.

5Abortion Act 1967 (c. 87)Abortion Act 1967 (c. 87)

43 In section 1(3) of the Abortion Act 1967 (location of treatment for termination
of pregnancy) after “National Health Service trust” insert “established under
section 18 of the National Health Service (Wales) Act 2006 or the National
Health Service (Scotland) Act 1978”.

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

44 In section 3(2)(a) of the Employers’ Liability (Compulsory Insurance) Act
1969 (NHS bodies exempted from insurance requirement), omit “section 25
of the National Health Service Act 2006,”.

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

45 15In section 113(4) of the Local Government Act 1972 (placing of staff of local
authorities at disposal of NHS trusts), omit “section 25 of the National
Health Service Act 2006 or”.

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

46 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
20(offices disqualifying for membership of the House), in the entry for
National Health Service trusts omit “the National Health Service Act 2006
or”.

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

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

48 25In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase),
omit “section 25 of the National Health Service Act 2006 or”.

49 In section 17(4) (special parliamentary procedure applying to compulsory
purchase orders concerning NHS trusts’ land), in paragraph (aa) of the
definition of “statutory undertakers” omit “section 25 of the National Health
30Service Act 2006 or”.

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

50 In section 139(4) of the Mental Health Act 1983 (exemption from protection
for acts done in pursuance of the Act), omit “the National Health Service Act
2006 or”.

35Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

51 In section 2(5) of the Disabled Persons (Services, Consultation and
Representation) Act 1986 (rights of authorised representatives of disabled
persons), in paragraph (a) omit “that Act or”.

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

52 In section 48 of the Copyright, Designs and Patents Act 1988 (material
communicated to the Crown in the course of public business), in subsection
(6) omit “section 25 of the National Health Service Act 2006,”.

5Health and Medicines Act 1988 (c. 49)Health and Medicines Act 1988 (c. 49)

53 In section 7(3) of the Health and Medicines Act 1988 (powers to give
directions in relation to financing of the NHS), in paragraph (i) omit “an
NHS trust or”.

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

54 10In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances
to requirement for third party insurance), omit “section 25 of the National
Health Service Act 2006,”.

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

55 In section 11 of the Access to Health Records Act 1990 (interpretation), in the
15definition of “health service body”, in paragraph (d), omit “section 25 of the
National Health Service Act 2006 or”.

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

56 In Schedule 4A to the Water Industry Act 1991 (premises not to be
disconnected for non-payment), in paragraph 16 omit “the National Health
20Service Act 2006 or”.

London Local Authorities Act 1991 (c. xiii)

57 In section 4 of the London Local Authorities Act 1991 (interpretation), in the
definition of “establishment for special treatment”, in paragraph (d) omit
“section 25 of that Act or”.

25Social Security Contributions and Benefits Act 1992 (c. 4)Social Security Contributions and Benefits Act 1992 (c. 4)

58 The Social Security Contributions and Benefits Act 1992 is amended as
follows.

59 In section 163(6) (interpretation of Part 11), omit “the National Health
Service Act 2006,”.

60 30In section 171(3) (interpretation of Part 12), omit “the National Health
Service Act 2006,”.

61 In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National
Health Service Act 2006,”.

62 In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National
35Health Service Act 2006,”.

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

63 In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject
to investigation by the Commissioner), omit paragraph (d).

Vehicle Excise and Registration Act 1994 (c. 22)Vehicle Excise and Registration Act 1994 (c. 22)

64 5In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle
exempt from vehicle excise duty), in paragraph 7(b) omit “the National
Health Service Act 2006,”.

Value Added Tax Act 1994 (c. 23)Value Added Tax Act 1994 (c. 23)

65 The Value Added Tax Act 1994 is amended as follows.

66 10In section 41(7) (definition of “government department”), for “Part I of that
Act” substitute “section 18 of the National Health Service (Wales) Act 2006”.

67 In Part 2 of Schedule 8 (zero-rated supply of goods and services)—

(a) in the Notes for group 12 (drugs, medicines, aids for the
handicapped), in paragraph (e) of Note (5H) omit “the National
15Health Service Act 2006 or”, and

(b) in the Notes for group 15 (charities, etc.), in paragraph (i) of Note 4
for “Part I of the National Health Service and Community Care Act
1990” substitute “section 18 of the National Health Service (Wales)
Act 2006”.

20Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

68 The Employment Rights Act 1996 is amended as follows.

69 In section 50(8)(a) (right of employees of NHS trusts to time off for public
duties), omit “section 25 of the National Health Service Act 2006,”.

70 In section 218(10)(c) (change of employer) omit “the National Health Service
25Act 2006 or”.

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

71 The Audit Commission Act 1998 is amended as follows.

72 Omit section 33(8)(c) (bodies not subject to certain Commission studies).

73 In section 53(1) (interpretation), in the definition of “health service body”
30omit “or NHS Direct National Health Service Trust”.

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

74 In section 69(3) of the Data Protection Act 1998 (meaning of “health
professional”), in paragraph (f) omit “section 25 of the National Health
Service Act 2006,”.

35Health Act 1999 (c. 8)Health Act 1999 (c. 8)

75 In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts
to public dividend capital), in subsection (5) after the definition of “initial
loan” insert—

Health and Social Care BillPage 409

• ““NHS trust” includes an NHS trust which was established (by virtue
  of the National Health Service (Consequential Provisions) Act 2006)
  under section 25 of the National Health Service Act 2006, prior to the
  repeal of that section by section 179 of the Health and Social Care Act
  52012.”

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

76 Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS
trusts to be included among relevant bodies for purposes of Mayor of
London’s health inequalities strategy).

10Care Standards Act 2000 (c. 14)Care Standards Act 2000 (c. 14)

77 The Care Standards Act 2000 is amended as follows.

78 In section 42(7) (power to extend application of Part 2), in paragraph (b) of
the definition of “Welsh NHS bodies” omit the words from “all or most” to
the end.

79 15In Schedule 2A (persons subject to review by the Children’s Commissioner
for Wales), in paragraph 3 omit the words from “all or most” to the end.

80 In Schedule 2B (persons whose arrangements are subject to review by the
Children’s Commissioner for Wales), in paragraph 4 omit the words from
“all or most” to the end.

20Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

81 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales), in paragraph 40, omit “section 25 of the National
Health Service Act 2006 or”.

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

82 25In Schedule 1 to the International Development Act 2002 (statutory bodies
who may exercise certain powers for the purpose of assisting countries
outside the UK), in the entry for National Health Service trusts, omit “the
National Health Service Act 2006,”.

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

83 30In section 133(4) of the Nationality, Immigration and Asylum Act 2002
(power of medical inspector to disclose information to NHS trusts), in
paragraphs (a)(ii) and (b)(ii) omit “section 25 of the National Health Service
Act 2006 or”.

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

84 35In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003
(meaning of “NHS body”), in the definition of “NHS body”, after “a National
Health Service trust” insert “(in Wales)”.

Finance Act 2003 (c. 14)Finance Act 2003 (c. 14)

85 The Finance Act 2003 is amended as follows.