Health and Care Bill (HL Bill 71)

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Ophthalmic services

27Before section 115 (and the italic heading before it) insert—

“Meaning of primary ophthalmic services
114C Primary ophthalmic services for purposes of this Act

(1)5Regulations may provide that services of a prescribed description
must, or must not, be regarded as primary ophthalmic services for
the purposes of this Act (but these regulations may not affect the
duty in section 115(1)(a)).

(2)Regulations under this section may, in particular, describe services
10by reference to the manner or circumstances in which they are
provided.”

28In the italic heading before section 115, for “the Board” substitute “integrated
care boards”.

29(1)Section 115 (primary ophthalmic services) is amended as follows.

(2)15For the heading substitute “Duty of integrated care boards to arrange
primary ophthalmic services”.

(3)For subsections (1) and (1A) substitute—

(1)Each integrated care board must exercise its powers so as to secure
the provision of the following primary ophthalmic services to such
20extent as it considers necessary to meet the reasonable requirements
of the people for whom it has responsibility—

(a)the sight-testing service mentioned in subsection (2),
such other primary ophthalmic services as may be
prescribed, and
25to the extent that it considers necessary to meet all reasonable
requirements, any further primary ophthalmic services.

(1A)For the purposes of this section an integrated care board has
responsibility for—

(a)the group of people for whom it has core responsibility (see
30section 14Z31), and

(b)such other people as may be prescribed (whether generally or
in relation to a prescribed service).”

(4)Omit subsections (4), (4A), (5), (7) and (8).

30After section 116 insert—

35“General functions
116A General powers to make arrangements

(1)An integrated care board may make such arrangements for the
provision of primary ophthalmic services as it considers appropriate
for the purpose of discharging its functions under section 115 (and
40may, in particular, make contractual arrangements with any person).

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(2)NHS England may make such arrangements for the provision of
primary ophthalmic services as it considers appropriate for the
purpose of discharging any functions under section 3B (and may, in
particular, make contractual arrangements with any person).

(3)5The arrangements that may be made under this section include—

(a)in the case of an integrated care board, arrangements for the
performance of a service outside its area (whether or not in
England);

(b)in the case of NHS England, arrangements for the
10performance of a service outside England.

(4)The powers in this section are in addition to the power conferred by
section 117.

116B Publication of information

Each integrated care board and NHS England must publish
15information about such matters as may be prescribed in relation to
the primary ophthalmic services provided under this Act.”

31(1)Section 117 (general ophthalmic services contracts: introductory) is
amended as follows.

(2)In subsection (1), for “The Board” substitute “An integrated care board or
20NHS England”.

(3)In subsection (3) for “the Board” substitute “the integrated care board or
NHS England (as the case may be)”.

(4)For subsection (4) substitute—

(4)The services to be provided under a general ophthalmic services
25contract may include services which are not primary ophthalmic
services.

(4A)The services to be provided under a general ophthalmic services
contract may include—

(a)in the case of a contract entered into by an integrated care
30board, services to be performed outside its area (whether or
not in England);

(b)in the case of a contract entered into by NHS England,
services to be performed outside England.”

(5)In subsection (5), for “the Board” substitute “the integrated care board or
35NHS England”.

32In section 118 (persons eligible to enter into GOS contracts), in subsection (1),
for “The Board” substitute “An integrated care board or NHS England”.

33In section 119 (exclusion of contractors), in subsection (1), for “the Board”
substitute “an integrated care board or NHS England”.

3440In section 120 (GOS contracts: payments), in subsection (3)(d), for “the
Board” substitute “an integrated care board or NHS England”.

35In section 121 (GOS contracts: other required terms), in subsection (3)(a), for
“the Board” substitute “an integrated care board or NHS England”.

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36(1)Section 123 (persons performing primary ophthalmic services) is amended
as follows.

(2)In subsection (1), for “the Board”, in the first place it occurs, substitute “an
integrated care board or NHS England”.

(3)5In subsection (2), for paragraph (b) substitute—

(b)an integrated care board or NHS England is responsible for a
primary ophthalmic service if it secures its provision under
or by virtue of any enactment.”

37(1)Section 124 (assistance and support: primary ophthalmic services) is
10amended as follows.

(2)In subsection (1), for “The Board” substitute “An integrated care board”.

(3)In subsection (2)—

(a)for “the Board”, in the first place it occurs, substitute “an integrated
care board”;

(b)15for “the Board”, in the second place it occurs, substitute “the
integrated care board”.

38(1)Section 125 (Local Optical Committees) is amended as follows.

(2)In subsection (1), for “The Board may recognise a committee formed for an
area, which it is satisfied” substitute “An integrated care board may
20recognise a committee formed for an area that includes the whole or part of
the integrated care board’s area if it is satisfied that the committee”.

(3)In subsection (3)(b), for “the Board” substitute “the integrated care board”.

(4)In subsection (7), for “the Board” substitute “an integrated care board”.

(5)In subsection (10)—

(a)25for “The Board” substitute “An integrated care board”;

(b)in paragraphs (a) and (b), for “the Board” substitute “the integrated
care board”.

39For section 125A substitute—

125A Delegation of Secretary of State’s functions to NHS England

(1)30The Secretary of State may direct NHS England to exercise any of the
Secretary of State’s functions relating to the provision of primary
ophthalmic services.

(2)Subsection (1) does not apply to any function of the Secretary of State
of making an order or regulations.

125B 35NHS England’s power to direct integrated care boards

NHS England may give directions to an integrated care board about
the exercise by it of any of its functions under this Part.”

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Pharmaceutical services

40For section 168A substitute—

168AA Delegation of Secretary of State’s functions to NHS England

(1)The Secretary of State may direct NHS England to exercise any of the
5Secretary of State’s functions relating to services that may be
provided as pharmaceutical services, or as local pharmaceutical
services, under this Part.

(2)Subsection (1) does not apply to any function of the Secretary of State
of making an order or regulations.”

10Part 2 Consequential amendments

Dentists Act 1984

41The Dentists Act 1984 is amended as follows.

42In section 40 (definition of business of dentistry), in subsection (2)(aa), for “a
15contract under section 100 of the National Health Service Act 2006”
substitute “arrangements under section 99A of the National Health Service
Act 2006 or a contract under section 100 of that Act”.

43In section 53 (interpretation), in subsection (3)(a)(i), for “92 or 107” substitute
83, 92, 99A or 107”.

20Access to Health Records Act 1990

44In section 1 of the Access to Health Records Act 1990 (“Health record” and
related expressions) as it has effect under the law of England and Wales, in
subsection (2)—

(a)in paragraph (a)—

(i)25before “or a Local Health Board” insert “, an integrated care
board”;

(ii)for “the Board” substitute “or the integrated care board or
Local Health Board”;

(b)after paragraph (a) insert—

(aza)30in the case of a record made by a health professional
performing such services under a contract made with
NHS England or an integrated care board under
section 100 of the National Health Service Act 2006
(general dental services contracts), the person or body
35who entered into the contract with NHS England or
the integrated care board (or, in a case where more
than one person so entered into the contract, any such
person);”;

(c)in paragraph (aa)—

(i)40for “92 or 107” substitute “83, 92, 99A or 107”;

(ii)before “or a Local Health Board” insert “, an integrated care
board”;

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(iii)for “the Board” substitute “or the integrated care board or
Local Health Board”.

Trade Union and Labour Relations (Consolidation) Act 1992

45In section 279 of the Trade Union and Labour Relations (Consolidation) Act
51992 (health service practitioners), for subsection (2) substitute—

(2)In this Act “worker” also includes an individual regarded in their
capacity as one who works or normally works or seeks to work as a
person performing primary medical services, primary dental
services or primary ophthalmic services—

(a)10in accordance with arrangements made by NHS England or
an integrated care board under section 83, 92, 99A, 107, or
116A of the National Health Service Act 2006;

(b)in accordance with arrangements made by a Local Health
Board under section 50 or 64 of the National Health Service
15(Wales) Act 2006;

(c)under a contract under section 84, 100 or 117 of the National
Health Service Act 2006 entered into by the individual with
NHS England or an integrated care board; or

(d)under a contract under section 42 or 57 of the National Health
20Service (Wales) Act 2006 entered into by the individual with
a Local Health Board,

and “employer” in relation to such an individual, regarded in that
capacity, means that body.”

Health Service Commissioners Act 1993

4625In section 2A of the Health Service Commissioners Act 1993 (persons subject
to investigation), in subsection (1)(c), for “92 or 107” substitute “83, 92, 99A
or 107”.

Freedom of Information Act 2000

47In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
30England and Wales), in paragraph 43A(a), for “92 or 107” substitute “83, 92,
99A, 107 or 116A”.

Health and Social Care (Community Health and Standards) Act 2003

48In section 150 of the Health and Social Care (Community Health and
Standards) Act 2003 (liability to pay NHS charges), in subsection (7)(d), for
35“99” substitute “99A”.

Health Act 2006

49In Schedule 8 to the Health Act 2006 (minor and consequential
amendments), omit paragraph 30 and the italic heading above it.

National Health Service Act 2006

5040The National Health Service Act 2006 is amended as follows.

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51In section 80 (supply of goods and services by the Secretary of State and NHS
bodies), in subsections (5) and (7), before “may” insert “or an integrated care
board”.

52(1)Section 259 (sale of medical practices) is amended as follows.

(2)5In subsection (4)(e), for “83(2)” substitute “83”.

(3)In subsection (4A), for “83(2)”, in the first place it occurs, substitute “83”.

53In section 276 (index of defined expressions)—

(a)in the entry relating to “primary dental services” for “section 99
substitute “section 98C”;

(b)10in the entry relating to “primary medical services” for “section 83”
substitute “section 82A”;

(c)in the entry relating to “primary ophthalmic services” for “section
115” substitute “section 114C”.

54In Schedule 4 (NHS trusts), for paragraph 24 and the italic heading before it
15substitute—

“Provision of services under section 83, 92, 99A or 107

24An NHS trust may provide services—

(a)under arrangements made under section 83 (primary
medical services);

(b)20under an agreement made under section 92 (primary
medical services), and may do so as a member of a
qualifying body (within the meaning given by section 93);

(c)under arrangements made under section 99A (primary
dental services);

(d)25under an agreement made under section 107 (primary
dental services), and may do so as a member of a
qualifying body (within the meaning given by section
108).”

National Health Service (Wales) Act 2006

55(1)30Section 51 (persons with whom agreement may be made under section 50 for
the provision of primary medical services) is amended as follows.

(2)In subsection (1)—

(a)in paragraph (d)(ii) after “section 64 arrangements,” insert “section
83 arrangements,”;

(b)35in paragraph (e) after “a section 64 employee,” insert “a section 83
employee,”.

(3)In subsection (3)—

(a)after the definition of “section 17C employee” insert—

  • ““section 83 arrangements” means arrangements for the
    40provision of services made under section 83 of the
    National Health Service Act 2006,”;

(b)after the definition of “section 107 arrangements” insert—

  • ““section 83 employee” means an individual who, in
    connection with the provision of services in

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  • accordance with section 83 arrangements, is
    employed by a person providing or performing those
    services,”.

56(1)Section 65 (persons with whom agreement may be made under section 64 for
5the provision of primary dental services) is amended as follows.

(2)In subsection (1)—

(a)in paragraph (d)(ii) after “section 92 arrangements,” insert “section
99A arrangements,”;

(b)in paragraph (e) after “a section 92 employee,” insert “a section 99A
10employee,”.

(3)In subsection (3)—

(a)after the definition of “section 92 arrangements” insert—

  • ““section 99A arrangements” means arrangements for
    the provision of services made under section 99A of
    15the National Health Service Act 2006,”;

(b)after the definition of “section 92 employee” insert—

  • ““section 99A employee” means an individual who, in
    connection with the provision of services in
    accordance with section 99A arrangements, is
    20employed by a person providing or performing those
    services,”.

Health Act 2009

57In section 2 of the Health Act 2009 (duty to have regard to NHS constitution),
in subsection (6)—

(a)25for paragraph (a) substitute—

(a)section 83 (arrangements for provision of primary
medical services);”;

(b)after paragraph (c) insert—

(ca)section 99A (arrangements for provision of primary
30dental services);”;

(c)after paragraph (e) insert—

(ea)section 116A (arrangements for provision of primary
ophthalmic services);”.

Domestic Abuse Act 2021

5835In section 80 of the Domestic Abuse Act 2021 (prohibition on charging for the
provision of medical evidence of domestic abuse), in subsection (5)(a), for
sub-paragraph (ii) substitute—

(ii)any arrangements made under section 83 of that
Act;”.

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Section 27

Schedule 4 Integrated care system: minor and consequential amendments

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

1In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of
5Civil Interests) Act 1951 (capacities in respect of which payments under Part
5 of the Act may be made, and paying authorities), in paragraph 15—

(a)in the first column (headed “capacity”), for “, a clinical
commissioning group,” substitute “, an integrated care board,”;

(b)in the second column (headed “paying authority”), for “, clinical
10commissioning group,” substitute “, integrated care board,”.

Public Records Act 1958

2In Schedule 1 to the Public Records Act 1958 (bodies the records of which are
public records), in Part 1 of the Table at the end of paragraph 3—

(a)for “, clinical commissioning groups,” substitute “, integrated care
15boards,”;

(b)for “, a clinical commissioning group”, in both places it occurs,
substitute “, an integrated care board”;

(c)for “paragraph 20 of Schedule 1A” substitute “paragraph 23 of
Schedule 1B”.

20Public Bodies (Admission to Meetings) Act 1960

3In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(public authorities to which that Act applies) in paragraph 1, after paragraph
(o) insert—

(p)an integrated care board established under section 14Z25
25of the National Health Service Act 2006;”.

Leasehold Reform Act 1967

4(1)Section 28 of the Leasehold Reform Act 1967 (land required for public
purposes) is amended as follows.

(2)In subsection (5)(d), for “, any clinical commissioning group,” substitute “,
30any integrated care board,”.

(3)In subsection (6)(c), for “, a clinical commissioning group,” substitute “, an
integrated care board,”.

Parliamentary Commissioner Act 1967

5In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not
35subject to investigation), in paragraph 8(1) and (2), for “a clinical
commissioning group” substitute “an integrated care board”.

Health Services and Public Health Act 1968

6The Health Services and Public Health Act 1968 is amended as follows.

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7In section 63 (provision of instruction for officers of hospital authorities etc),
in subsections (1)(a) and (2)(a), for “a clinical commissioning group”
substitute “an integrated care board”.

8In section 64 (financial assistance to certain voluntary organisations), in
5subsection (3)(b), for “a clinical commissioning group” substitute “an
integrated care board”.

Employers’ Liability (Compulsory Insurance) Act 1969

9In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969
(employers exempted from insurance), in subsection (2)(a), for “, a clinical
10commissioning group established under section 14D” substitute “, an
integrated care board established under section 14Z25”.

Local Authority Social Services Act 1970

10In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions) in the entry relating to the Children Act 1989, in the column
15headed “Nature of functions”, for “a clinical commissioning group”
substitute “an integrated care board”.

Local Government Act 1972

11(1)Section 113 of the Local Government Act 1972 (placing of staff of local
authorities at disposal of certain persons) is amended as follows.

(2)20In subsection (1A), for “clinical commissioning group,”, in each place it
occurs, substitute “integrated care board,”.

(3)In subsection (4), for ““clinical commissioning group” means a body
established under section 14D” substitute ““integrated care board” means a
body established under section 14Z25”.

25Health and Safety at Work etc. Act 1974

12In section 60 of the Health and Safety at Work etc. Act 1974 (supplementary
provision about the Employment Medical Advisory Service), in subsection
(1), for “clinical commissioning group” substitute “integrated care board”.

National Health Service (Scotland) Act 1978

1330In section 17A (NHS contracts), in subsection (2), for paragraph (jb)
substitute—

(jb)integrated care boards established under section 14Z25 of the
National Health Service Act 2006;”.

Mental Health Act 1983

1435The Mental Health Act 1983 is amended as follows.

15In section 39 (information as to hospitals), in subsection (1), for “clinical
commissioning group or”, in each place it occurs, substitute “integrated care
board or”.

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16In section 117 (after-care), in subsections (2), (2D), (2E), (2F) and (3), for
“clinical commissioning group”, in each place it occurs, substitute
“integrated care board”.

17In section 134 (correspondence of patients), in subsection (3)(e), for “, a
5clinical commissioning group,” substitute “, an integrated care board,”

18In section 139 (protection for acts done in pursuance of this Act), in
subsection (4), for “, a clinical commissioning group,” substitute “, an
integrated care board,”.

19In section 140 (notification of hospitals having arrangements for special
10cases) for “clinical commissioning group”, in each place it occurs, substitute
“integrated care board”.

Acquisition of Land Act 1981

20The Acquisition of Land Act 1981 is amended as follows.

21In section 16 (statutory undertakers’ land excluded from compulsory
15purchase), in subsection (3), for paragraph (ab) substitute—

(ab)an integrated care board established under section 14Z25 of
the National Health Service Act 2006;”.

22In section 17 (local authority and statutory undertakers’ land), in subsection
(4), in the definition of “statutory undertakers” for paragraph (af)
20substitute—

  • “(a)

    an integrated care board established under section
    14Z25 of the National Health Service Act 2006,”.

Disabled Persons (Services, Consultation and Representation) Act 1986

23The Disabled Persons (Services, Consultation and Representation) Act 1986
25is amended as follows.

24(1)Section 2 (rights of authorised representatives of disabled persons) is
amended as follows.

(2)In subsection (5)(a), for “a clinical commissioning group” substitute “an
integrated care board”.

(3)30In subsection (9), in paragraph (a) of the definition of “health authority”, for
“, a clinical commissioning group or” substitute “, an integrated care board
or”.

25(1)Section 7 (persons discharged from hospital) is amended as follows.

(2)In subsection (3A)(a), for “a clinical commissioning group” substitute “an
35integrated care board”.

(3)In subsection (9), in paragraph (a) of the definition of “health authority”, for
“a clinical commissioning group”, substitute “an integrated care board”.

Copyright, Designs and Patents Act 1988

26In section 48 of the Copyright, Designs and Patents Act 1988 (material
40communicated to the Crown in the course of public business), in subsection
(6), for “, a clinical commissioning group established under section 14D of