Health and Care Bill (HL Bill 71)

Health and Care BillPage 180

204In section 56 (mediation: supplementary), in subsection (3), for paragraph
(b) substitute—

(b)an integrated care board;”.

205In section 57 (resolution of disagreements), in subsection (7), for paragraph
5(b) substitute—

(b)an integrated care board;”.

206In section 77 (code of practice), in subsection (1), for paragraph (k)
substitute—

(k)integrated care boards;”.

10Immigration Act 2014

207In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy
agreements), in paragraph 5(2)(a), for sub-paragraph (i) (but not the “or” at
the end) substitute—

(i)an integrated care board,”.

15Local Audit and Accountability Act 2014

208The Local Audit and Accountability Act 2014 is amended as follows.

209In section 4 (general requirements for audit), for subsection (4) substitute—

(4)In relation to an integrated care board, “accounts” means—

(a)the annual accounts of the board prepared under paragraph
2022(2) of Schedule 1B to the National Health Service Act 2006
(accounts and audit of integrated care boards);

(b)any accounts of the board prepared under paragraph 22(3) of
that Schedule in respect of which a direction has been given
under paragraph 22(6) of that Schedule.”

21025In section 8 (procedure for appointment), in subsection (4), for paragraph (b)
substitute—

(b)in the case of an integrated care board, it publishes the notice
in such manner as it thinks is likely to bring the notice to the
attention of—

(i)30the group of people for whom it has core
responsibility, and

(ii)anyone who lives within its area but does not fall
within sub-paragraph (i)”.

211In section 10 (functions of auditor panel), in subsection (10), for paragraph
35(b)—

(b)in the case of an integrated care board, it publishes the advice
in such manner as it thinks is likely to bring the advice to the
attention of—

(i)the group of people for whom it has core
40responsibility, and

(ii)anyone who lives within its area but does not fall
within sub-paragraph (i);”.

212In section 21 (general duties of auditors of accounts of health service bodies),
in subsection (1)—

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

(b)in paragraphs (c) and (f), for “the group” substitute “the board”.

213(1)Section 44 (interpretation of Act) is amended as follows.

(2)5In subsection (1), for paragraph (b) of the definition of “area” substitute—

  • “(b)

    in relation to an integrated care board, means the area
    specified in the board’s constitution (see Schedule 1B
    to the National Health Service Act 2006);”.

(3)For subsection (5) substitute—

(5)References in this Act to the group of people for whom an integrated
10care board has core responsibility are to be read in accordance with
section 14Z31 of the National Health Service Act 2006.”

214In Schedule 2 (relevant authorities), for paragraph 23 substitute—

23An integrated care board.”

215In Schedule 5 (eligibility and regulation of local auditors), in paragraph 5, in
15the modified section 1214 of the Companies Act 2006—

(a)in subsection (1), omit “(3),”;

(b)for subsection (3) substitute—

(3)In relation to a relevant authority that is an integrated care
board, subsection (2)(a) has effect as if “or officer” were
20omitted.”

216In Schedule 7 (reports and recommendations), in paragraph 4(8), for
paragraph (b) substitute—

(b)in the case of an integrated care board, it publishes the
notice or report in such manner as it thinks is likely to
25bring the notice or report to the attention of—

(i)the group of people for whom it has core
responsibility, and

(ii)anyone who lives within its area but does not fall
within sub-paragraph (i)”.

30Social Services and Well-being (Wales) Act 2014 (anaw 4)

217The Social Services and Well-being (Wales) Act 2014 is amended as follows.

218In section 47 (exception for provision of health services), in subsection (10)—

(a)in the English language text—

(i)in the definition of “English health body”, for paragraph (a)
35substitute—

(a)an integrated care board;”;

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

(b)an integrated care board;”;

(b)40in the Welsh language text—

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

(b)bwrdd gofal integredig;”;

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

(a)bwrdd gofal integredig;”.

219In section 77 (accommodation for children in police protection or detention
5or on remand etc), in subsection (4)(b)(ii)—

(a)in the English language text, for “a clinical commissioning group”
substitute “an integrated care board”;

(b)in the Welsh language text, for “grŵp comisiynu clinigol” substitute
“fwrdd gofal integredig”.

22010In section 104 (young people entitled to support under sections 105 to 115),
in subsection (3)(d)(ii)—

(a)in the English language text, for “a clinical commissioning group”
substitute “an integrated care board”;

(b)in the Welsh language text, for “grŵp comisiynu clinigol” substitute
15“bwrdd gofal integredig”.

221In section 118 (information), in subsection (2)(c)—

(a)in the English language text, for “a clinical commissioning group”
substitute “an integrated care board”;

(b)in the Welsh language text, for “grŵp comisiynu clinigol” substitute
20“bwrdd gofal integredig”.

222In section 164A (duty of other persons to co-operate and provide
information), in subsection (4)(d)—

(a)in the English language text, for “clinical commissioning group”
substitute “integrated care board”;

(b)25in the Welsh language text, for “grŵp comisiynu clinigol” substitute
“fwrdd gofal integredig”.

223In section 193 (recovery of costs between local authorities), in
subsection (4)(c)—

(a)in the English language text, for “a clinical commissioning group”
30substitute “an integrated care board”;

(b)in the Welsh language text, for “grŵp comisiynu clinigol” substitute
“fwrdd gofal integredig”.

224In section 197 (general interpretation and index of defined expressions), in
subsection (1)—

(a)35in the English language text—

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

(ii)at the appropriate place insert—

  • ““integrated care board” (“bwrdd gofal integredig”) means a body
    established under section 14Z25 of the National Health Service
    40Act 2006;”;

(b)in the Welsh language text—

(i)omit the definition of “grŵp comisiynu clinigol”;

(ii)at the appropriate place insert—

  • “ystyr “bwrdd gofal integredig” (“integrated care board”) yw corff
    45a sefydlir o dan adran 14Z25 o Ddeddf y Gwasanaeth Iechyd
    Gwladol 2006;”.

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Housing (Wales) Act 2014 (anaw 7)

225(1)Section 70 of the Housing (Wales) Act 2014 (priority need for
accommodation) is amended as follows.

(2)In subsection (2)—

(a)5in the English language text, in paragraph (d)(ii), for “a clinical
commissioning group” substitute “an integrated care board”;

(b)in the Welsh language text, in paragraph (d)(ii), for “grŵp comisiynu
clinigol” substitute “fwrdd gofal integredig”.

(3)In subsection (3)—

(a)10in the English language text—

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

(ii)at the appropriate place insert—

  • ““integrated care board” (“bwrdd gofal integredig”) means a body
    established under section 14Z25 of the National Health Service
    15Act 2006;”;

(b)in the Welsh language text—

(i)omit the definition of “grŵp comisiynu clinigol”;

(ii)at the appropriate place insert—

  • “ystyr “bwrdd gofal integredig” (“integrated care board”) yw corff
    20a sefydlir o dan adran 14Z25 o Ddeddf y Gwasanaeth Iechyd
    Gwladol 2006;”.

Counter-Terrorism and Security Act 2015

226In Schedule 7 to the Counter-Terrorism and Security Act 2015 (partners of
local panels), under the italic heading “Health and social care”, for “A
25clinical commissioning group established under section 14D” substitute “An
integrated care board established under section 14Z25”.

Cities and Local Government Devolution Act 2016

227(1)Section 18 of the Cities and Local Government Devolution Act 2016
(devolving health service functions) is amended as follows.

(2)30In subsection (3)(b), for “Chapter A2 of Part 2 of the NHSA 2006 (clinical
commissioning groups)” substitute “Chapter A3 of Part 2 of the NHSA 2006
(integrated care boards)”.

(3)In subsection (5)—

(a)in paragraph (b), for “clinical commissioning groups” substitute
35“integrated care boards”;

(b)for paragraph (f) substitute—

(f)the guidance published under section 14Z49 of the
NHSA 2006 (guidance for integrated care boards);”.

Data Protection Act 2018

22840In Schedule 3 to the Data Protection Act 2018 (social work data), in
paragraph 8(2), for paragraph (d) substitute—

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

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

229The Additional Learning Needs and Education Tribunal (Wales) Act 2018 is
amended as follows.

230In section 4 (additional learning needs code), in subsection (3)—

(a)5in the English language text, for paragraph (j) substitute—

(j)an integrated care board;”;

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

(j)bwrdd gofal integredig;”.

231In section 64 (duty of health bodies to notify parents etc), in subsection (2)—

(a)10in the English language text, for paragraph (c) substitute—

(c)an integrated care board;”;

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

(c)bwrdd gofal integredig;”.

232In section 65 (duties to provide information and other help), in
15subsection (4)—

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

(k)an integrated care board;”;

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

(k)bwrdd gofal integredig;”.

23320In section 99 (general interpretation), in subsection (1)—

(a)in the English language text—

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

(ii)at the appropriate place insert—

  • ““integrated care board” (“bwrdd gofal integredig”) means
    25a body established under section 14Z25 of the National
    Health Service Act 2006;”;

(b)in the Welsh language text—

(i)omit the definition of “grŵp comisiynu clinigol”;

(ii)at the appropriate place insert—

  • 30“ystyr “bwrdd gofal integredig” (“integrated care board”)
    yw corff a sefydlir o dan adran 14Z25 o Ddeddf y
    Gwasanaeth Iechyd Gwladol 2006;”.

Network and Information Systems Regulations 2018 (S.I. 2018/506)

234The Network and Information Systems Regulations 2018 are amended as
35follows.

235In regulation 1(2) (interpretation), in the definition of “OES”, after
“regulation 8(1)” insert “or (2A)”.

236(1)Regulation 8 (identification of operators of essential services) is amended as
follows.

(2)40After paragraph (2) insert—

(2A)Each integrated care board is deemed to be designated as an OES for
the healthcare settings subsector and, in relation to an integrated care
board, any services provided by it (including the making of

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arrangements for the provision of services by others) are deemed to
be essential services.”

(3)In paragraph (8), after “paragraph (1)” insert “or (2A)”.

NHS Funding Act 2020

2375In section 1 of the NHS Funding Act 2020 (funding settlement for the health
service in England), in subsection (2), for “section 223D(2) and (3)” substitute
“section 223D(1)(a) and (b)”.

Domestic Abuse Act 2021

238In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the
10Domestic Abuse Commissioner), in subsection (7), for paragraph (d) of the
definition of “NHS body in England” and the “or” at the end of that
paragraph substitute—

  • (d)

    an integrated care board established under section
    14Z25 of that Act;”.

Section 28

15Schedule 5 Abolition of Monitor and transfer of its functions

General

1Any reference to Monitor in an instrument or other document made before
the day on which section 28(2) comes into force is to be read, in relation to
20any time after that provision comes into force, as a reference to NHS
England.

Public Bodies (Admission to Meetings) Act 1960

2In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which Act applies), in paragraph 1, omit sub-paragraph (bk).

25Parliamentary Commissioner Act 1967

3In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), omit the entry for Monitor.

Superannuation Act 1972

4In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc
30referred to in section 1), omit the entry for Monitor.

House of Commons Disqualification Act 1975

5In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices), omit the entry for the chair or other member of
Monitor.

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Northern Ireland Assembly Disqualification Act 1975

6In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (other disqualifying offices)—

(a)at the appropriate place insert—

  • 5“Chair or non-executive member of NHS England.”;

(b)omit the entry for the chair or other member of Monitor.

Employment Rights Act 1996

7In section 49B of the Employment Rights Act 1996 (the health service:
regulations prohibiting discrimination because of protected disclosure), in
10subsection (7), omit paragraph (k).

Freedom of Information Act 2000

8In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general), omit the entry for Monitor.

National Health Service Act 2006

915The National Health Service Act 2006 is amended as follows.

10For section 2 substitute—

2 General power

(1)The Secretary of State may do anything which is calculated to
facilitate, or is conducive or incidental to, the discharge of any
20function conferred on the Secretary of State by this Act.

(2)NHS England or an integrated care board may do anything which is
calculated to facilitate, or is conducive or incidental to, the discharge
of any of its functions.”

11In section 33 (applications by NHS trusts), in each of subsections (1) to (3),
25for “the regulator” substitute “NHS England”.

12(1)Section 35 (authorisation of NHS foundation trusts) is amended as follows.

(2)In subsection (1)—

(a)for “The regulator” substitute “NHS England”;

(b)for “the regulator” substitute “NHS England”.

(3)30In subsections (2)(f) and (3), for “the regulator” substitute “NHS England”.

(4)In subsection (3A) and (5), for “The regulator” substitute “NHS England”.

(5)In subsection (6), for “the regulator” substitute “NHS England”.

In section 37 (amendments of constitution), in subsection (4)—

(a)for “the regulator” substitute “NHS England”;

(b)35for “the regulator’s” substitute “NHS England’s”.

14(1)Section 39 (register of NHS foundation trusts) is amended as follows.

(2)In subsection (1), for “The regulator” substitute “NHS England”.

(3)In subsection (3), for “the regulator” substitute “NHS England”.

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15In section 39A (panel for advising governors), in subsections (1) and (9), for
“The regulator” substitute “NHS England”.

16In section 42A (criteria for making loans etc), in subsection (7)(b), for “the
regulator” substitute “NHS England”.

175In section 50 (fees), for “the regulator”, in both places it occurs, substitute
NHS England”.

18In section 56 (mergers), in subsection (1), for “the regulator” substitute “NHS
England”.

19(1)Section 56A (acquisitions) is amended as follows.

(2)10In subsection (1), for “the regulator” substitute “NHS England”.

(3)In subsection (4A), for “the regulator” substitute “NHS England”.

In section 56AA (acquisitions under section 56A: supplementary), in
subsection (1)(a), for “the regulator” substitute “NHS England”.

21In section 56B (separations), in subsection (1), for “the regulator” substitute
15NHS England”.
In section 57 (sections 56 to 56B: supplementary), in subsections (1) and (2),
for “the regulator”, in each place it occurs, substitute “NHS England”.

23(1)Section 57A (dissolution) is amended as follows.

(2)In subsection (1), for “the regulator” substitute “NHS England”.

(3)20In subsection (3), for “The regulator” substitute “NHS England”.

(4)In subsection (4), for “the regulator” substitute “NHS England”.

In section 64 (orders and regulations under Chapter), in subsection (4A), for
“the regulator”, in both places it occurs, substitute “NHS England”.

25(1)Section 244 (review and scrutiny by local authorities) is amended as follows.

(2)25In subsection (2)(b), for “the Secretary of State or the regulator” substitute
“or the Secretary of State”.

(3)In subsections (2ZA)(a) and (2ZC), omit “, the regulator”.

26In section 247C (Secretary of State’s duty to keep health service functions
under review), in subsection (2), omit paragraph (b).

2730In section 258 (university clinical teaching and research), after subsection (2)
insert—

(3)A reference in this section to the functions of NHS England does not
include its regulatory functions.”

28In section 272 (orders, regulations, rules and directions), in subsection
35(6ZA), for “the regulator”, in both places it occurs, substitute “NHS
England”.

29In section 275 (interpretation), in subsection (1), omit the definition of “the
regulator”.

30In section 276 (index of defined expressions), omit the entry for “the
40regulator”.

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31(1)Schedule 7 (constitution of public benefit corporations) is amended as
follows.

(2)In paragraph 24—

(a)in sub-paragraph (1A), for “The regulator” substitute “NHS
5England”;

(b)in sub-paragraph (4C), for “the regulator” substitute “NHS
England”.

(3)In paragraph 25—

(a)in sub-paragraph (1), for “the regulator” substitute “NHS England”;

(b)10in sub-paragraph (1A), for “The regulator” substitute “NHS
England”;

(c)in sub-paragraphs (2), (3), (4) and (4A), for “the regulator”, in each
place it occurs, substitute “NHS England”.

(4)In paragraph 26(1), (2), (2A), and (3), for “the regulator”, in each place it
15occurs, substitute “NHS England”.

(5)In paragraph 27(1), for “the regulator” substitute “NHS England”.

32In Schedule 10 (audit of accounts of NHS foundation trusts)—

(a)in paragraphs 5, 6 and 8(1)(c), for “the regulator” substitute “NHS
England”;

(b)20in the italic heading before paragraph 6, for “regulator” substitute
NHS England”.

National Health Service (Wales) Act 2006

33In section 184 of the National Health Service (Wales) Act 2006 (functions of
overview and scrutiny committees), in subsection (2)(b), for “, the Welsh
25Ministers or Monitor” substitute “or the Welsh Ministers”.

Health and Social Care Act 2008

34The Health and Social Care Act 2008 is amended as follows.

35In section 20A (functions relating to processing of information by registered
persons), in subsection (1)(b), omit “and Monitor”.

3630In section 30 (urgent procedure for cancellation), in subsection (3), omit
paragraph (c).

37In section 39 (bodies required to be notified of certain matters), in subsection
(1), omit paragraph (c).

38In section 45A (functions to be exercised by Healthwatch England), in
35subsection (6), omit paragraph (c).

39In section 59 (additional functions), in subsection (2), for “Monitor”
substitute “NHS England”.

40(1)Section 70 (Co-operation between the Care Quality Commission and
Monitor) is amended as follows.

(2)40In the heading, for “the Monitor” substitute “NHS England”.

(3)In subsection (1), for “Monitor” substitute “NHS England”.

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(4)In subsection (2)—

(a)in paragraph (a)—

(i)for “Monitor”, in each place it occurs, substitute “NHS
England”;

(ii)5for “its functions” substitute “—

(i)its regulatory functions, within the
meaning given by section 13SA(2) of
the National Health Service Act 2006,
or

(ii)10its functions under section 27A of the
National Health Service Act 2006
(NHS trusts: oversight and support)”;

(b)in paragraph (b), for “Monitor” substitute “NHS England”.

(5)In subsection (3) for “Monitor” substitute “NHS England”.

15Health Act 2009

41The Health Act 2009 is amended as follows.

42In section 2 (duty to have regard to NHS Constitution), in subsection (2),
omit paragraph (f).

43In section 9 (supplementary provision about the duty), in subsection (3), for
20“Monitor” substitute “NHS England”.

Equality Act 2010

44In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general),
in the group of entries that includes entries for bodies whose functions relate
to health, social care and social security, omit the entry for Monitor.

25Health and Social Care Act 2012

45The Health and Social Care Act 2012 is amended as follows.

46In Part 3, omit Chapter 1 (Monitor).

47(1)Section 83 (exemption regulations) is amended as follows.

(2)In subsection (3)(a), (b) and (c), for “Monitor” substitute “NHS England”.

(3)30In subsection (4), omit paragraph (a).

48In section 84 (exemption regulations: supplementary), in subsection (5)(a),
omit sub-paragraph (i).

49In section 85 (application for licence), in subsections (1) and (2), for
“Monitor” substitute “NHS England”.

5035In section 86 (licensing criteria), in each of subsections (1) to (3), for
“Monitor” substitute “NHS England”.

51In section 87 (grant or refusal of licence), in subsections (2) and (3), for
“Monitor” substitute “NHS England”.

52In section 88 (application and grant: NHS foundation trusts), in subsection
40(2), for “Monitor” substitute “NHS England”.