Health and Care Bill (HL Bill 71)

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SCHEDULES

Section 1

Schedule 1 Renaming of NHS Commissioning Board

General

1(1)5The enactments listed in sub-paragraph (2) are amended in accordance with
the table.

For the following expression wherever it
occurs in those enactments (unless the
expression is replaced or removed by an
10amendment elsewhere in this Act)
substitute
“The National Health Service
Commissioning Board”
NHS England”
“the National Health Service
Commissioning Board”
NHS England”
“the National Health Service
Commissioning Board (“the Board”)”
15NHS England”
“The Board”NHS England”
“the Board”NHS England”
“The Board’s”NHS England’s”

(2)20The enactments are—

  • the Reserve and Auxiliary Forces (Protection of Civil Interests) Act
    1951, Schedule 2;

  • the Public Records Act 1958, Part 1 of the Table at the end of paragraph
    3 of Schedule 1;

  • 25the Public Bodies (Admission to Meetings) Act 1960, the Schedule;

  • the Leasehold Reform Act 1967, section 28;

  • the Parliamentary Commissioner Act 1967, Schedule 3;

  • the Health Services and Public Health Act 1968, sections 63(1) and (2)
    and 64;

  • 30the Employers’ Liability (Compulsory Insurance) Act 1969, section 3;

  • the Local Authority Social Services Act 1970, Schedule 1;

  • the Local Government Act 1972, section 113;

  • the Health and Safety at Work etc. Act 1974, section 60;

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  • the National Health Service (Scotland) Act 1978, section 17A;

  • the Acquisition of Land Act 1981, sections 16 and 17;

  • the Mental Health Act 1983, sections 12ZB, 12ZC, 39, 117, 134 and 139;

  • the Disabled Persons (Services, Consultation and Representation) Act
    51986, sections 2 and 7;

  • the Copyright, Designs and Patents Act 1988, section 48;

  • the Children Act 1989, sections 21, 24, 24C, 27, 29, 47, 80, 85 and 105;

  • the London Local Authorities Act 1991 (c xiii), section 4;

  • the Health Service Commissioners Act 1993, sections 2 and 2A;

  • 10the Value Added Tax Act 1994, section 41 and Schedule 8;

  • the Education Act 1996, section 322;

  • the Employment Rights Act 1996, sections 43K, 49B, 50 and 218;

  • the Housing Grants, Construction and Regeneration Act 1996, section
    3;

  • 15the Crime and Disorder Act 1998, section 115;

  • the Greater London Authority Act 1999, section 309E;

  • the Health Act 1999, section 61;

  • the Freedom of Information Act 2000, Schedule 1;

  • the Local Government Act 2000, section 9FF;

  • 20the Adoption and Children Act 2002, section 8;

  • the International Development Act 2002, Schedule 1;

  • the Nationality, Immigration and Asylum Act 2002, section 133;

  • the Criminal Justice Act 2003, section 325;

  • the Finance Act 2003, section 67A;

  • 25the Health and Social Care (Community Health and Standards) Act
    2003, sections 148 and 165;

  • the Children Act 2004, sections 10 and 11;

  • the Civil Contingencies Act 2004, Schedule 1;

  • the Domestic Violence, Crime and Victims Act 2004, section 9;

  • 30the Childcare Act 2006, section 4;

  • the Emergency Workers (Obstruction) Act 2006, section 1;

  • the National Health Service Act 2006, except section 275;

  • the National Health Service (Wales) Act 2006, sections 7, 13, 17, 26, 28,
    34, 106, 115, 162, 197, 206 and Schedule 5;

  • 35the NHS Redress Act 2006, section 1;

  • the Safeguarding Vulnerable Groups Act 2006, section 6;

  • the Corporate Manslaughter and Corporate Homicide Act 2007, section
    6;

  • the Local Government and Public Involvement in Health Act 2007,
    40sections 104, 116, 222, 224 and 227;

  • the Statistics and Registration Service Act 2007, section 42(4A);

  • the Health and Social Care Act 2008, sections 20A, 30, 39, 45A, 48, 54,
    59, 64, 80, 81 and 97;

  • the Autism Act 2009, section 4;

  • 45the Health Act 2009, sections 2, 8 and 36;

  • the Charities Act 2011, section 149;

  • the Health and Social Care Act 2012, sections 83, 84, 102, 130, 197, 234,
    236, 237, 239, 241, 249, 250(4) and (7), 253, 254, 255, 260, 263, 265, 268,
    274, 295, 296, 298 and Schedule 12;

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  • the Care Act 2014, sections 6, 22 and 101 and Schedule 1;

  • the Children and Families Act 2014, sections 26, 28, 31, 53, 56, 57 and 77;

  • the Local Audit and Accountability Act 2014, section 13 and Schedules
    7 and 11;

  • 5the Immigration Act 2014, Schedule 3;

  • the Cities and Local Government Devolution Act 2016, section 18;

  • the Data Protection Act 2018, Schedule 3;

  • the Mental Health Units (Use of Force) Act 2018, section 9.

(3)In any other enactment (apart from this Act) passed before the day on which
10section 1 comes into force, and in any instrument or other document made
before that day, any reference to the National Health Service
Commissioning Board is to be read, in relation to any time on or after that
day, as a reference to NHS England.

(4)In this paragraph “enactment” includes an enactment comprised in, or in an
15instrument made under, an Act of the Scottish Parliament.

House of Commons Disqualification Act 1975

2In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975,
in the entry relating to the chairman or non-executive member of the
National Health Service Commissioning Board, for “the National Health
20Service Commissioning Board” substitute “NHS England”.

Access to Health Records Act 1990

3In section 1(2) of the Access to Health Records Act 1990 as it has effect under
the law of England and Wales—

(a)in paragraph (a)—

(i)25for “the National Health Service Commissioning Board”
substitute “NHS England”;

(ii)after “contract with” insert “NHS England”;

(b)in paragraph (aa)—

(i)for “the National Health Service Commissioning Board”
30substitute “NHS England”;

(ii)after “arrangements with” insert “NHS England”.

Trade Union and Labour Relations (Consolidation) Act 1992

4In section 279(1) of the Trade Union and Labour Relations (Consolidation)
Act 1992—

(a)35in paragraph (a), for “the National Health Service Commissioning
Board” substitute “NHS England”;

(b)in the words after paragraph (b), for “board” substitute “body”.

Employment Rights Act 1996

5In section 43K(2)(b) of the Employment Rights Act 1996 for “the authority or
40board” substitute “NHS England or the board”.

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National Health Service Act 2006

6The National Health Service Act 2006 is amended as follows.

7In the heading of section 3B, for “Board” substitute “NHS England”

8In the heading of section 13A, for “Board” substitute “NHS England”.

95In the heading of section 13W, for “Board’s” substitute “NHS England’s”.

10In the heading of section 13Y, for “Board’s” substitute “NHS England’s”.

11In section 275(1)—

(a)omit the definition of “the Board”;

(b)in the definition of “NHS body” for paragraph (a) substitute—

  • “(a)

    10NHS England,”.

12In Schedule 1A, in the italic heading before paragraph 18, for “Board”
substitute “NHS England”.

Corporation Tax Act 2010

13In section 986 of the Corporation Tax Act 2010, in the table, for “National
15Health Service Commissioning Board” substitute “NHS England”.

Equality Act 2010

14In Part 1 of Schedule 19 to the Equality Act 2010, in the group of entries that
includes entries for bodies whose functions relate to health, social care and
social security, for “The National Health Service Commissioning Board”
20substitute “NHS England”.

Health and Social Care Act 2012

15The Health and Social Care Act 2012 is amended as follows.

16In section 150, omit subsection (2).

17In the heading of section 197, for “NHS Commissioning Board” substitute
25NHS England”.

18In section 247, omit the definition of “the Board”.

19In section 250(1), for “the National Health Service Commissioning Board
(referred to in this Chapter as “the Board”)” substitute “NHS England”.

20In the heading of section 274, for “Board” substitute “NHS England”.

2130In section 275, omit the definition of “the Board”.

22In section 304(12)(a)(iv) and (ix), for “Board” substitute “NHS England”.

Local Audit and Accountability Act 2014

23In Schedule 9 to the Local Audit and Accountability Act 2014, in paragraph
4(12), for paragraph (c) of the definition of “relevant NHS body” substitute—

(c)35NHS England;”.

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Social Services and Well-being (Wales) Act 2014 (anaw 4)

24The Social Services and Well-being (Wales) Act 2014 is amended as follows.

25In section 47(10)—

(a)in the English language text—

(i)5in the definition of “English health body”, for paragraph (b)
substitute—

(b)NHS England;”;

(ii)in the definition of “health body”, for paragraph (c)
substitute—

(c)10NHS England;”;

(b)in the Welsh language text—

(i)in the definition of “corff iechyd”, for paragraph (c)
substitute—

(c)GIG Lloegr;”;

(ii)15in the definition of “corff iechyd Seisnig”, for paragraph (b)
substitute—

(b)GIG Lloegr;”.

26In section 77(4)(b)(ii)—

(a)in the English language text, for “the National Health Service
20Commissioning Board” substitute “NHS England”;

(b)in the Welsh language text, for “Bwrdd Comisiynu’r Gwasanaeth
Iechyd Gwladol” substitute “GIG Lloegr”.

27In section 104(3)(d)(ii)—

(a)in the English language text, for “the National Health Service
25Commissioning Board” substitute “NHS England”;

(b)in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth
Iechyd Gwladol” substitute “GIG Lloegr”.

28In section 118(2)(c)—

(a)in the English language text, for “the National Health Service
30Commissioning Board” substitute “NHS England”;

(b)in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth
Iechyd Gwladol” substitute “GIG Lloegr”.

29In section 164A(4)—

(a)in the English language text, for paragraph (c) substitute—

(c)35NHS England;”;

(b)in the Welsh language text, for paragraph (c) substitute—

(c)GIG Lloegr;”.

30In section 193(4)(c)—

(a)in the English language text, for “the National Health Service
40Commissioning Board” substitute “NHS England”;

(b)in the Welsh language text, for “Bwrdd Comisiynu’r Gwasanaeth
Iechyd Gwladol” substitute “GIG Lloegr”.

31In section 197(1)—

(a)in the English language text, for the definition of “National Health

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Service Commissioning Board” substitute—

  • ““NHS England” (“GIG Lloegr”) means the body
    established under section 1H of the National Health
    Service Act 2006;”;

(b)5in the Welsh language text, omit the definition of “Bwrdd
Comisiynu’r Gwasanaeth Iechyd Gwladol” and at the appropriate
place insert—

  • “ystyr “GIG Lloegr” (“NHS England”) yw’r corff a
    sefydlir o dan adran 1H o Ddeddf y Gwasanaeth
    10Iechyd Gwladol 2006;”.

Housing (Wales) Act 2014 (anaw 7)

32In section 70(2)(d)(ii) of the Housing (Wales) Act 2014—

(a)in the English language text, for “the National Health Service
Commissioning Board” substitute “NHS England”;

(b)15in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth
Iechyd Gwladol” substitute “GIG Lloegr”.

Cities and Local Government Devolution Act 2016

33In section 18(2)(d) and (5)(b) of the Cities and Local Government Devolution
Act 2016, for “the NHS Commissioning Board” substitute “NHS England”.

20Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)

34The Additional Learning Needs and Education Tribunal (Wales) Act 2018 is
amended as follows.

35In section 4(3)—

(a)in the English language text, for paragraph (i) substitute—

(i)25NHS England;”;

(b)in the Welsh language text, for paragraph (i) substitute—

(i)GIG Lloegr;”.

36In section 65(4)—

(a)in the English language text, for paragraph (j) substitute—

(j)30NHS England;”;

(b)in the Welsh language text, for paragraph (j) substitute—

(j)GIG Lloegr;”.

37In section 99(1)—

(a)in the English language text, omit the definition of “National Health
35Service Commissioning Board” and at the appropriate place insert—

  • ““NHS England” (“GIG Lloegr”) means the body
    established under section 1H of the National Health
    Service Act 2006;”;

(b)in the Welsh language text, omit the definition of “Bwrdd
40Comisiynu’r Gwasanaeth Iechyd Gwladol” and at the appropriate
place insert—

  • “ystyr “GIG Lloegr” (“NHS England”) yw’r corff a
    sefydlir o dan adran 1H o Ddeddf y Gwasanaeth
    Iechyd Gwladol 2006;”.

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Domestic Abuse Act 2021

38In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the
Domestic Abuse Commissioner), in subsection (7), for paragraph (c) of the
definition of “NHS body in England” substitute—

  • (c)

    5NHS England, or”.

Section 14

Schedule 2 Integrated care boards: constitution etc

1Before Schedule 4 to the National Health Service Act 2006 insert—

Schedule 1B 10Integrated care boards

Part 1 Constitution of integrated care boards

Introduction

1An integrated care board must have a constitution.

15Name and area

2The constitution must specify—

(a)the name of the integrated care board, and

(b)the area for which it is established.

Membership: general

3(1)20The constitution must provide for the integrated care board to
consist of—

(a)a chair (see paragraphs 5 and 6),

(b)a chief executive (see paragraph 7), and

(c)at least three other members (see paragraph 8).

(2)25In this Part of this Schedule a reference to an “ordinary member”
is to a member other than the chair or chief executive.

4The constitution must prohibit a person from appointing someone
as a member (“the candidate”) if they consider that the
appointment could reasonably be regarded as undermining the
30independence of the health service because of the candidate’s
involvement with the private healthcare sector or otherwise.

Chair

5The constitution must provide for the chair to be appointed by
NHS England, with the approval of the Secretary of State.

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6The constitution may not confer power to remove the chair from
office on any person other than NHS England, and any such
power must be expressed to be subject to the approval of the
Secretary of State.

5Chief executive

7(1)The constitution must provide for the chief executive to be
appointed by the chair, with the approval of NHS England.

(2)The constitution must provide that a person is eligible to become
or remain the chief executive only if the person is an employee of
10the integrated care board.

Ordinary members

8(1)The constitution must—

(a)specify who is to appoint the ordinary members, and

(b)provide that the appointment of an ordinary member is
15subject to the approval of the chair.

(2)The constitution must provide for the ordinary members to
include—

(a)at least one member nominated jointly by the NHS trusts
and NHS foundation trusts that—

(i)20provide services for the purposes of the health
service within the integrated care board’s area, and

(ii)are of a prescribed description,

(b)at least one member nominated jointly by persons who—

(i)provide primary medical services for the purposes
25of the health service within the integrated care
board’s area, and

(ii)are of a prescribed description, and

(c)at least one member nominated jointly by the local
authorities whose areas coincide with, or include the
30whole or any part of, the integrated care board’s area.

(3)The constitution must set out the process for nominating the
ordinary members mentioned in sub-paragraph (2).

(4)A person participating in the process for nominating the ordinary
members mentioned in sub-paragraph (2) must have regard to
35any guidance published by NHS England in relation to the
selection of candidates.

(5)The descriptions of trusts or other persons that may be prescribed
for the purposes of sub-paragraph (2)(a) or (b) may, in particular,
be framed by reference to the nature of the services that they
40provide or the proportion of their services that are provided
within the integrated care board’s area.

(6)In this paragraph “local authority” has the meaning given by
section 2B(5).

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Further provision in connection with membership

9The constitution may make further provision in connection with
the membership of the integrated care board, including provision
about—

(a)5how members are to be appointed;

(b)qualification and disqualification for membership;

(c)the tenure of members (including the circumstances in
which a member ceases to hold office or may be removed
or suspended from office);

(d)10eligibility for re-appointment;

(e)terms of appointment (including provision about the
remuneration or allowances of the chair and ordinary
members);

(f)the validation of proceedings in the event of a vacancy or
15defect in an appointment.

10(1)The constitution of an integrated care board must comply with
any requirements in connection with membership that are
imposed by regulations.

(2)The regulations may impose requirements in connection with any
20provision that may be included in an integrated care board’s
constitution by virtue of paragraphs 3 to 9.

Arrangements for discharging functions

11(1)The constitution must specify arrangements for the exercise of the
integrated care board’s functions (including its functions in
25determining the terms and conditions of its employees).

(2)The arrangements may include provision—

(a)for the appointment of committees or sub-committees of
the integrated care board, and

(b)for any such committees to consist of or include persons
30other than members or employees of the integrated care
board.

(3)The arrangements may include provision for any functions of the
integrated care board to be exercised on its behalf by—

(a)any of its members or employees,

(b)35a committee or sub-committee of the board.

12(1)The constitution must specify the procedure to be followed by the
integrated care board in making decisions.

(2)The constitution must also specify the arrangements to be made by
the integrated care board for securing that there is transparency
40about the decisions of the board and the manner in which they are
made.

Arrangements for conflicts of interests

13The constitution must include—

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(a)provision about the arrangements to be made by the
integrated care board for discharging its functions under
section 14Z30(1) to (4), and

(b)a statement of the principles to be followed by the board in
5implementing those arrangements.

Arrangements for public involvement

14The constitution must include—

(a)provision about the arrangements to be made by the
integrated care board for discharging its functions under
10section 14Z44(2), and

(b)a statement of the principles to be followed by the board in
implementing those arrangements.

Variation of constitution

15(1)The constitution must include a power to vary the constitution in
15accordance with a procedure set out there.

(2)The provision made by the constitution in accordance with sub-
paragraph (1) must—

(a)include power for NHS England to vary the constitution
on its own initiative, and

(b)20require NHS England’s approval to be obtained before any
other variation is made.

Further provision

16In addition to the provision authorised or required to be included
under this Part of this Schedule, the constitution may make further
25provision.

Part 2 Further provision about integrated care boards

Status

17(1)An integrated care board is a body corporate.

(2)30An integrated care board is not to be regarded—

(a)as a servant or agent of the Crown, or

(b)as enjoying any status, privilege or immunity of the
Crown.

An integrated care board’s property is not to be regarded as
35property of, or property held on behalf of, the Crown.

Staff

18(1)An integrated care board may appoint employees.

(2)Employees of an integrated care board are to be paid such
remuneration and allowances as the board may determine.