Health and Care Bill (HL Bill 71)

Health and Care BillPage 160

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

Children Act 1989

27The Children Act 1989 is amended as follows.

285In section 21 (provision for accommodation for children in police protection
or detention or on remand, etc), in subsection (3), for “a clinical
commissioning group” substitute “an integrated care board”.

29In section 24 (persons qualifying for advice and assistance), in subsection
(2)(d)(ii), for “a clinical commissioning group” substitute “an integrated care
10board”.

30In section 24C (information), in subsection (2)(c), for “a clinical
commissioning group” substitute “an integrated care board”.

31In section 27 (co-operation between authorities), in subsection (3)(d), for
“clinical commissioning group,” substitute “integrated care board,”.

3215In section 29 (recoupment of cost of providing services etc), in subsection
(8)(c), for “a clinical commissioning group” substitute “an integrated care
board”.

33In section 47 (local authority’s duty to investigate), in subsection (11)(d), for
“clinical commissioning group,” substitute “integrated care board,”.

3420In section 80 (inspection of children’s homes etc by persons authorised by
the Appropriate National Authority), in subsections (1)(d) and (5)(ea), for “a
clinical commissioning group” substitute “an integrated care board”.

35In section 85 (children accommodated by health authorities and local
education authorities), in subsection (2ZA)—

(a)25in paragraph (b), for “a clinical commissioning group” substitute “an
integrated care board”;

(b)in the words after paragraph (b), for “the clinical commissioning
group” substitute “the integrated care board”.

36In section 105 (interpretation), in subsection (1)—

(a)30omit the definition of “clinical commissioning group”;

(b)at the appropriate place insert—

  • ““integrated care board” means a body established
    under section 14Z25 of the National Health Service
    Act 2006;”.

35National Health Service and Community Care Act 1990

37In section 47 of the National Health Service and Community Care Act 1990
(assessment of needs for community care services), in subsection (3), in the
words after paragraph (b) for “clinical commissioning group”, in both places
it occurs, substitute “integrated care board”.

40London Local Authorities Act 1991

38In section 4 of the London Local Authorities Act 1991 (interpretation of Part
2), in paragraph (d) of the definition of “establishment for special treatment”,

Health and Care BillPage 161

 for “a clinical commissioning group under the National Health Service Act
2006 (including by virtue of section 7A of that Act)” substitute “an integrated
care board under the National Health Service Act 2006”.

Health Service Commissioners Act 1993

395In section 2 of the Health Service Commissioners Act 1993 (the bodies
subject to investigation), in subsection (1), for paragraph (dd) substitute—

(dd) integrated care boards,”.

Value Added Tax Act 1994

40The Value Added Tax Act 1994 is amended as follows.

4110In section 41 (application to the Crown), in subsection (7), for paragraph (f)
substitute—

(f)an integrated care board,”.

42(1)Schedule 8 (zero-rating) is amended as follows.

(2)In Group 12, in Note (5H), for paragraph (ea) substitute—

(ea)15an integrated care board established under section 14Z25 of
the National Health Service Act 2006;”.

(3)In Group 15, in Note (4), for paragraph (j) substitute—

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

20Education Act 1996

43The Education Act 1996 is amended as follows.

44In section 322 (duty of certain bodies to help local authority), in subsections
(1), (3)(a) and (4), for “a clinical commissioning group” substitute “an
integrated care board”.

4525In section 332 (duty of Local Health Board, a Primary Care Trust or National
Health Service trust to notify parent etc), in subsection (1), for “a clinical
commissioning group,” substitute “an integrated care board,”.

Employment Rights Act 1996

46The Employment Rights Act 1996 is amended as follows.

4730In section 49B (the health service: regulations prohibiting discrimination
because of protected disclosure), in subsection (7), for paragraph (b)
substitute—

(b)an integrated care board;”.

48In section 50 (right to time off for public duties), in subsection (8), for
35paragraph (zb) substitute—

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

49In section 218 (change of employer), in subsection (10), for paragraph (zb)

Health and Care BillPage 162

 substitute—

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

Housing Grants, Construction and Regeneration Act 1996

505In section 3 of the Housing Grants, Construction and Regeneration Act 1996
(ineligible applicants for grants), in subsection (2)(f), for “, a clinical
commissioning group,” substitute “, an integrated care board,”.

Crime and Disorder Act 1998

51The Crime and Disorder Act 1998 is amended as follows.

5210In section 5 (authorities responsible for crime and disorder strategies), in
subsection (1)(e), for “clinical commissioning group” substitute “integrated
care board”.

53In section 38 (local provision of youth justice services), in subsection (2)(b),
for “, clinical commissioning group or” substitute “, integrated care board
15or”.

54(1)Section 39 (youth offending teams) is amended as follows.

(2)In subsection (3)(b), for “, clinical commissioning group or” substitute “,
integrated care board or”.

(3)In subsection (5)(d), for “a clinical commissioning group or” substitute “an
20integrated care board or”.

55In section 41 (the Youth Justice Board), in subsection (10), for “a clinical
commissioning group,” substitute “an integrated care board,”.

56In section 42 (supplementary provision), in subsection (3), for “a clinical
commissioning group,” substitute “an integrated care board,”.

5725In section 115 (disclosure of information), in subsection (2), for paragraph
(fb) substitute—

(fb)an integrated care board;”.

Greater London Authority Act 1999

58In section 309E of the Greater London Authority Act 1999 (the Mayor’s
30health inequalities strategy), in subsection (5), for paragraph (gc)
substitute—

(gc)any integrated care board (established under section 14Z25 of
the National Health Service Act 2006) for an area wholly or
partly in Greater London,”.

35Health Act 1999

59In section 61 of the Health Act 1999 (English and Scottish border provisions),
in subsections (2) and (5), for “clinical commissioning group”, in each place
it occurs, substitute “integrated care board”.

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Freedom of Information Act 2000

60In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales), for paragraph 37B substitute—

37BAn integrated care board established under section 14Z25 of the
5National Health Service Act 2006.”

Local Government Act 2000

61In section 9FF of the Local Government Act 2000 (reports and
recommendations of overview and scrutiny committees: duties of certain
partner authorities), in subsection (6), for paragraph (za) substitute—

(za)10an integrated care board,”.

Adoption and Children Act 2002

62The Adoption and Children Act 2002 is amended as follows.

63In section 4 (assessments etc for adoption support services), in subsection
(9), in the words after paragraph (b), for “clinical commissioning group,”
15substitute “integrated care board,”.

64In section 8 (adoption support agencies), in subsection (2)(d), for “, clinical
commissioning group” substitute “, integrated care board”.

International Development Act 2002

65In Schedule 1 to the International Development Act 2002 (statutory bodies
20with powers under section 9 of that Act)—

(a)omit the entry for a clinical commissioning group;

(b)before the entry for “A Health Board” insert—

“An integrated care board”.

Nationality, Immigration and Asylum Act 2002

6625In section 133 of the Nationality, Immigration and Asylum Act 2002 (power
of medical inspector to disclose information to health service bodies), in
subsection (4)(a), for sub-paragraph (ib) substitute—

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

30Criminal Justice Act 2003

67In section 325 of the Criminal Justice Act 2003 (arrangements for assessing
etc risks posed by certain offenders), in subsection (6)(g), for “clinical
commissioning group or” substitute “integrated care board or”.

Finance Act 2003

6835In section 67A of the Finance Act 2003 (acquisitions by certain health service
bodies), in subsection (1), for paragraph (b) substitute—

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

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

69The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.

70In section 148 (interpretation of Part 2), in the definition of “English NHS
5body”, for paragraph (cb) substitute—

  • “(cb)

    an integrated care board;”.

71In section 160 (provision of information), in subsection (1)(h)—

(a)for “a clinical commissioning group” substitute “an integrated care
board”;

(b)10for “the clinical commissioning group” substitute “the integrated
care board”.

72In section 165 (power to apply provisions about recovery of charges to non-
NHS hospitals), in subsection (3)(b), for sub-paragraph (ib) substitute—

(ib)an integrated care board,”.

15Children Act 2004

73The Children Act 2004 is amended as follows.

74In section 10 (co-operation to improve wellbeing), in subsection (4)(db), for
“clinical commissioning group” substitute “integrated care board”.

75In section 11 (arrangements to safeguard and promote welfare), in
20subsection (1), for paragraph (bb) substitute—

(bb)an integrated care board;”.

76In section 16E (local arrangements for safeguarding and promoting welfare
of children), in subsection (3), in paragraph (b) of the definition of
“safeguarding partner” for “a clinical commissioning group” substitute “an
25integrated care board”.

77In section 16J (combining safeguarding partner areas and delegating
functions), for subsection (4) substitute—

(4)Where an integrated care board is a safeguarding partner for the
same local authority area as another integrated care board, the
30boards may arrange for one of them to carry out functions under
sections 16E to 16I on behalf of the other.”

78In section 16P (combining child death review partner areas and delegating
functions), for subsection (4) substitute—

(4)Where an integrated care board is a child death review partner for
35the same local authority area as another integrated care board, the
boards may arrange for one of them to carry out functions under
sections 16M to 16O on behalf of the other.”

79In section 16Q (guidance and interpretation), in subsection (2)(b), for
“clinical commissioning group” substitute “integrated care board”.

40Civil Contingencies Act 2004

80(1)Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2
responders) is amended as follows.

Health and Care BillPage 165

(2)After paragraph 4A insert—

4BAn integrated care board established under section 14Z25 of the
National Health Service Act 2006.”

(3)Omit paragraph 29ZA.

5Domestic Violence, Crime and Victims Act 2004

81In section 9 of the Domestic Violence, Crime and Victims Act 2004
(establishment and conduct of domestic homicide reviews), in the list in
subsection (4)(a), for the entry relating to clinical commissioning groups
substitute—

10“integrated care boards established under section 14Z25 of
the National Health Service Act 2006;”.

Mental Capacity Act 2005

82(1)Schedule AA1 to the Mental Capacity Act 2005 (deprivation of liberty:
authorisation of arrangements enabling care and treatment) is amended as
15follows.

(2)In paragraph 3—

(a)omit the definition of “clinical commissioning group”;

(b)at the appropriate place insert—

  • ““integrated care board” means a body established under section
    2014Z25 of the National Health Service Act 2006;”.

(3)In paragraph 6(1)(d)—

(a)in sub-paragraph (i), for “a clinical commissioning group” substitute
“an integrated care board”;

(b)in the words after sub-paragraph (ii), for “clinical commissioning
25group” substitute “integrated care board”.

(4)In paragraph 11, for sub-paragraph (b) substitute—

(b)an integrated care board;”.

(5)In paragraph 14(1), for paragraph (b) substitute—

(b)each integrated care board;”.

30Childcare Act 2006

83In section 4 of the Childcare Act 2006 (duty of local authority and relevant
partners to work together), in subsection (1)(a), for “a clinical commissioning
group” substitute “an integrated care board”.

Emergency Workers (Obstruction) Act 2006

8435In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing
emergency workers), in subsection (5)(a), for “a clinical commissioning
group,” substitute “an integrated care board,”.

National Health Service Act 2006

85The National Health Service Act 2006 is amended as follows.

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86In section 1H (NHS England and its general functions), in subsection (3)(b),
for “clinical commissioning groups” substitute “integrated care boards”.

87(1)Section 6 (performance of functions outside England) is amended as follows.

(2)In subsection (1A), for “a clinical commissioning group” substitute “an
5integrated care board”.

(3)In subsection (2), for “clinical commissioning groups” substitute “integrated
care boards”.

88(1)Section 6E (regulations as to the exercise of functions) is amended as follows.

(2)In the heading, for “clinical commissioning groups” substitute “integrated
10care boards”.

(3)In subsections (1) and (2), for “clinical commissioning groups”, in each place
it occurs, substitute “integrated care boards”.

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

(5)15In subsections (4)(a) and (c), (5)(a) and (b) and (7), for “clinical
commissioning groups”, in each place it occurs, substitute “integrated care
boards”.

(6)In subsection (8), for “clinical commissioning group” substitute “integrated
care board”.

(7)20In subsection (10)(a) and (b), for “clinical commissioning groups”, in each
place it occurs, substitute “integrated care boards”.

89In section 9 (NHS contracts), in subsection (4), for paragraph (zb)
substitute—

(zb)an integrated care board,”.

90(1)25Section 12 (arrangements with other bodies) is amended as follows.

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

(b)integrated care boards,”.

In subsection (4), for paragraph (ab) substitute—

(ab)an integrated care board,”.

91(1)30Section 12ZA (commissioning arrangements) is amended as follows.

(2)In the heading, for “clinical commissioning groups” substitute “integrated
care boards”.

(3)In subsections (1), (3) and (4), for “a clinical commissioning group”
substitute “an integrated care board”.

(4)35In subsection (5), for paragraph (c) substitute—

(c)an integrated care board,”.

(5)In subsection (9), in the definition of “service provider”, for “a clinical
commissioning group” substitute “an integrated care board”.

92(1)Section 12A (direct payments for health care) is amended as follows.

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(2)In subsections (1) and (2)(aa), for “a clinical commissioning group”
substitute “an integrated care board”.

(3)In subsection (4)—

(a)for “a clinical commissioning group”, in both places it occurs,
5substitute “an integrated care board”;

(b)for “the group” substitute “the board”.

93In section 12B (regulations about direct payments), in subsections (2)(d), (g),
(h) and (j), (4) and (5)(a) and (b), for “a clinical commissioning group”, in
each place it occurs, substitute “an integrated care board”.

9410In section 12D (arrangements with other bodies relating to direct payments),
in subsections (1) and (3), for “a clinical commissioning group” substitute
“an integrated care board”.

95In section 13A (mandate), in subsection (6), for “clinical commissioning
group” substitute “integrated care board”.

9615In section 13N (duty as to promoting integration), in subsection (3), for
“clinical commissioning groups” substitute “integrated care boards”.

97In section 13R (information on safety of services provided by the health
service), in subsection (6), for “A clinical commissioning group” substitute
“An integrated care board”.

9820In section 13V (pooled funds), in subsection (1), for “clinical commissioning
groups” substitute “integrated care boards”.

99In Part 2, omit Chapter A2 (clinical commissioning groups).

100In section 71 (schemes for meeting losses and liabilities etc of certain health
service bodies), in subsection (2), for paragraph (zb) substitute—

(zb)25integrated care boards,”.

101In section 74 (supply of goods and services by local authorities), in
subsection (1)(a), for “clinical commissioning group” substitute “integrated
care board”.

102In section 76 (power of local authorities to make payments), in subsection
30(1), for “a clinical commissioning group” substitute “an integrated care
board”.

103(1)Section 77 (care trusts) is amended as follows.

(2)In subsection (1), in paragraph (a), for “an NHS trust or a clinical
commissioning group” substitute “an integrated care board, an NHS trust”.

(3)35In subsection (10), for “NHS trust or clinical commissioning group”
substitute “an integrated care board, NHS trust”.

(4)In subsection (12), in the definition of “NHS functions”, for “NHS trust or
clinical commissioning group” substitute “an integrated care board, NHS
trust”.

104(1)40In section 80 (supply of goods and services by the Secretary of State, the
Board and clinical commissioning groups) is amended as follows.

(2)In the heading, for “clinical commissioning groups” substitute “integrated
care boards”.

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(3)In subsection (1), for “a clinical commissioning group” substitute “an
integrated care board”.

(4)For subsection (3A) substitute—

(3A)NHS England or an integrated care board may make available to
5persons falling within subsection (1)—

(a)any facilities the provision of which is arranged by NHS
England or (as the case may be) the integrated care board in
pursuance of its functions under this Act;

(b)any facilities of NHS England or (as the case may be) the
10integrated care board;

(c)the services of persons employed by NHS England or (as the
case may be) the integrated care board.”

(5)In subsection (4), for “a clinical commissioning group” substitute “an
integrated care board”.

(6)15For subsection (6A) substitute—

(6A)NHS England and each integrated care board must make available to
local authorities—

(a)any services (other than the services of any person) or other
facilities the provision of which is arranged by NHS England
20or (as the case may be) the integrated care board in pursuance
of its functions under this Act;

(b)the services of persons employed by NHS England or (as the
case may be) the integrated care board;

(c)any facilities of NHS England or (as the case may be) the
25integrated care board,

so far as is reasonably necessary and practicable to enable local
authorities to discharge their functions relating to social services,
education and public health.”

(7)In subsection (9)—

(a)30for “a clinical commissioning group” substitute “an integrated care
board”;

(b)for “the clinical commissioning group” substitute “the integrated
care board in the exercise of its functions”.

(8)Omit subsection (10).

10535In section 183 (payment of travelling expenses), in paragraphs (a), (b) and
(c), for “a clinical commissioning group” substitute “an integrated care
board”.

106In section 185 (charges for more expensive supplies), in subsection (2), for “a
clinical commissioning group” substitute “an integrated care board”.

10740In section 186 (charges for repairs and replacements in certain cases), in
subsection (2), for “a clinical commissioning group” substitute “an
integrated care board”.

108In section 187 (charges for designated services or facilities), for “section
3(1)(d) or (e)” substitute “section 3(1)(e) or (f)”.

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109In section 188 (sums otherwise payable to those providing services), in
subsection (2), for “a clinical commissioning group” substitute “an
integrated care board”.

110In section 196 (persons and bodies about which provision is made by this
5Part), in subsection (3), for paragraph (zb) substitute—

(zb)an integrated care board,”.

111In section 201 (disclosure of information), in subsection (3)(a), for “a clinical
commissioning group” substitute “an integrated care board”.

112In section 214 (transfer of functions and property to or from Welsh special
10trustees), in subsection (1), for “a clinical commissioning group” substitute
“an integrated care board”.

113In section 222 (power to raise money), in subsection (3A)(a), for “a clinical
commissioning group” substitute “an integrated care board”.

114For section 223A (application of provision about public-private
15partnerships) substitute—

223A Application of section 223 to integrated care boards

(1)Section 223 applies in relation to an integrated care board as it
applies in relation to NHS England.

(2)But the powers conferred by that section are exercisable by an
20integrated care board only for the purpose of securing
improvement—

(a)in the physical and mental health of the group of people for
whom it has core responsibility (see section 14Z31), or

(b)in the prevention, diagnosis and treatment of illness in such
25people.”

115In section 223B (funding of NHS England), in subsection (8), for “14Z1”
substitute “14Z42”.

116In section 223F (power to establish contingency fund), in subsection (2)(b),
for “a clinical commissioning group” substitute “an integrated care board”.

117(1)30Section 223G (means of meeting expenditure of clinical commissioning
groups out of public funds) is amended as follows.

(2)In the heading, for “clinical commissioning groups” substitute “integrated
care boards”.

(3)In subsection (1)—

(a)35for “clinical commissioning group” substitute “integrated care
board”;

(b)for “the group”, in both places it occurs, substitute “the board”.

(4)In subsection (2)—

(a)for “a clinical commissioning group” substitute “an integrated care
40board”;

(b)in paragraph (a), for “clinical commissioning group” substitute
“integrated care board”.

(5)In subsection (3)—