Health and Social Care Bill (HL Bill 132)

Health and Social Care BillPage 450

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

(b) omit “a Primary Care Trust,”.

36 In section 181 (payment for medical examination before application for
5admission to hospital under the Mental Health Act), in subsection (2)(b)—

(a) omit “a Primary Care Trust,”, and

(b) before “NHS trust” insert “an”.

37 In section 197 (university clinical teaching and research), in subsection
(2)(a)—

(a) 10after “exercisable by” insert “the National Health Service
Commissioning Board,”,

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

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

(d) omit “Primary Care Trust,”.

38 (1) 15In section 206 (interpretation), in subsection (1)—

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

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

(b) 20after the definition of “modifications” insert—

  • NHS body” means—

    (a)

    a Special Health Authority,

    (b)

    an NHS trust,

    (c)

    an NHS foundation trust,

    (d)

    25a Local Health Board,

    (e)

    the National Health Service Commissioning
    Board, and

    (f)

    a clinical commissioning group.

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

(d) 30omit the definition of “Strategic Health Authority”.

(2) Until the commencement of section 34 of this Act, the definition of “NHS
body” in section 206(1) of the National Health Service (Wales) Act 2006 has
effect as if it included a reference to a Primary Care Trust.

39 In Schedule 2 (Local Health Boards), in paragraph 9—

(a) 35omit “Strategic Health Authorities and”,

(b) omit “under paragraph 7(8) of Schedule 2 to the National Health
Service Act 2006 (c. 41)2006 (c. 41) and”, and

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

40 (1) Schedule 3 (NHS trusts) is amended as follows.

(2) 40In paragraph 5(1)(f) omit “Primary Care Trust,”.

(3) In paragraph 6—

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

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

(4) In paragraph 7, in sub-paragraph (3) omit “Strategic Health Authority”.

Health and Social Care BillPage 451

(5) In paragraph 8 omit “, Primary Care Trust” in each place it occurs.

(6) In paragraph 9—

(a) in sub-paragraph (1)—

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

(ii) 5omit “a Primary Care Trust,”,

(b) in sub-paragraph (3)—

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

(ii) omit “Primary Care Trust,”,

(c) in sub-paragraph (6)—

(i) 10omit “a Strategic Health Authority,”, and

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

(d) in sub-paragraph (7)—

(i) omit “Strategic Health Authority,” in each place it occurs,

(ii) omit “or belong to a Primary Care Trust”, and

(iii) 15omit “Primary Care Trust,”.

(7) In paragraph 18—

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

(b) omit “Primary Care Trust,”.

(8) In paragraph 30—

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

(b) omit “Primary Care Trust,”.

41 (1) Schedule 5 (Special Health Authorities) is amended as follows.

(2) In paragraph 3—

in sub-paragraph (8)—

(i) 25omit “or to a Strategic Health Authority”, and

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

(i) in paragraph (a) omit “or of a Strategic Health Authority”,
and

(ii) in paragraph (b) omit “or by a Strategic Health Authority”.

(f) 30in sub-paragraph (12)—

(3) In paragraph 13, for “a Strategic Health Authority” substitute “the National
Health Service Commissioning Board”.

42 (1) Schedule 10 (further provision about Community Health Councils) is
amended as follows.

(2) 35In paragraph 2—

(a) omit “, Strategic Health Authorities” in each place it occurs, and

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

(3) In paragraph 3—

(a) omit paragraph (b), and

(b) 40omit paragraph (c).

Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))

43 (1) Article 8 of the Health and Personal Social Services (Northern Ireland) Order
1991 (health and social services contracts) is amended as follows.

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(2) In paragraph (2)—

(a) in sub-paragraph (g)—

(i) omit paragraph (i),

(ii) omit paragraph (ii), and

(iii) 5omit paragraph (iii),

(b) after that sub-paragraph insert—

(ga) the National Health Service Commissioning Board;

(gb) clinical commissioning groups established under
section 14D of the National Health Service Act 2006;

(gc) 10Special Health Authorities established under section
28 of that Act;

(gd) Special Health Authorities established under section
22 of the National Health Service (Wales) Act 2006;

(ge) Local Health Boards established under section 11 of
15that Act;

(gf) NHS trusts established under section 18 of that Act;,

(c) in sub-paragraph (h) after paragraph (i) insert—

(ia) Special Health Boards;,

(d) after sub-paragraph (h) insert—

(ha) 20Healthcare Improvement Scotland,,

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

(f) before sub-paragraph (j) insert—

(ia) the National Institute for Health and Care Excellence;

(ib) the Health and Social Care Information Centre;.

(3) 25In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub-
paragraphs (g) to (gf), (h), (ha), (ia), (ib) and (j) of paragraph (2)”.

Section 300(2)

SCHEDULE 22 Property transfer schemes

Transferor Permitted transferees
A Primary Care Trust 30The Secretary of State
The National Health Service
Commissioning Board
A clinical commissioning group
A local authority
35The Care Quality Commission
Monitor
A Special Health Authority
Any public authority which provides
services as part of the health service in
40England
Any other person who provides
services as part of the health service in
England and consents to the transfer
A qualifying company
45Any person with whom the Secretary of
State has made, or has decided to make,
an agreement under section 12ZA(1) of
the Mental Health Act 1983
A Strategic Health Authority The Secretary of State
50The National Health Service
Commissioning Board
A clinical commissioning group
A local authority
The Care Quality Commission
55Monitor
A Special Health Authority
Any public authority which provides
services as part of the health service in
England
60Any other person who provides
services as part of the health service in
England and consents to the transfer
A qualifying company
Any person with whom the Secretary of
65State has made, or has decided to make,
an agreement under section 12ZA(1) of
the Mental Health Act 1983
The Special Health Authority known as
the National Institute for Health and
Clinical Excellence
The National Institute for Health and
Care Excellence (established under
70section 232)
The Special Health Authority known as
the Health and Social Care Information
Centre
The Health and Social Care Information
Centre (established under section 252)
The Special Health Authority known as
the National Health Service Institute for
Innovation and Improvement
The National Health Service
75Commissioning Board
The Special Health Authority known as
the National Patient Safety Agency
The National Health Service
Commissioning Board
The Health and Social Care Information
80Centre (established under section 252)
The Special Health Authority known as
the NHS Business Services Authority
The Health and Social Care Information
Centre
The Appointments Commission A Minister of the Crown
A Special Health Authority
The General Social Care Council 85The Secretary of State
The Health and Care Professions
Council
A person authorised by the Secretary of
State under subsection (5)(b) of section
9067 of the Care Standards Act 2000 to
exercise functions of the Secretary of
State under that section
Any other person who carries on
activities in connection with social work
95or social care work
The Health Protection Agency The Secretary of State
The Secretary of State The National Health Service
Commissioning Board
The Health and Social Care Information
100Centre
A Special Health Authority
A qualifying company

Section 300(3)

SCHEDULE 23 Staff transfer schemes

Transferor 105Permitted transferees
Any Primary Care Trust The Secretary of State
The National Health Service
Commissioning Board
A clinical commissioning group
110A local authority
The Care Quality Commission
A Special Health Authority
Any public authority which exercises
functions in relation to health and is
115prescribed in regulations
A qualifying company
Any person with whom the Secretary of
State has made, or has decided to make,
an agreement under section 12ZA(1) of
120the Mental Health Act 1983
Any Strategic Health Authority The Secretary of State
The National Health Service
Commissioning Board
A clinical commissioning group
125The Care Quality Commission
Monitor
A Special Health Authority
Any public authority which exercises
functions in relation to health and is
130prescribed in regulations
A qualifying company
Any person with whom the Secretary of
State has made, or has decided to make,
an agreement under section 12ZA(1) of
135the Mental Health Act 1983
The Special Health Authority known as
National Institute for Health and
Clinical Excellence
The National Institute for Health and
Care Excellence (established under
section 232)
The Special Health Authority known as
the Health and Social Care Information
Centre
The Health and Social Care Information
140Centre (established under section 252)
The Special Health Authority known as
the National Institute for Innovation
and Improvement
The National Health Service
Commissioning Board
The Special Health Authority known as
the National Patient Safety Agency
145The National Health Service
Commissioning Board
The Health and Social Care Information
Centre
The Special Health Authority known as
the NHS Business Services Authority
The Health and Social Care Information
150Centre
The Appointments Commission A Minister of the Crown
A Special Health Authority
The General Social Care Council The Secretary of State
The Health and Care Professions
155Council
A person authorised by the Secretary of
State under subsection (5)(b) of section
67 of the Care Standards Act 2000 to
exercise functions of the Secretary of
160State under that section
Any other person who carries on
activities in connection with social work
or social care work
The Health Protection Agency The Secretary of State
The Secretary of State 165National Health Service Commissioning
Board
The Care Quality Commission
Monitor
The Health and Social Care Information
170Centre