Health and Care Bill (HL Bill 71)

Health and Care BillPage 190

53In section 89 (revocation of licence), for “Monitor”, in both places it occurs,
substitute “NHS England”.

54(1)Section 90 (right to make representations) is amended as follows.

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

(3)5In subsection (2)—

(a)in paragraph (a), for “Monitor’s” substitute “NHS England’s”;

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

55In section 91 (notice of decisions), in subsections (1), (2) and (4), for
“Monitor”, in each place it occurs, substitute “NHS England”.

56(1)10Section 92 (appeals to the Tribunal) is amended as follows.

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

(3)In subsection (3)—

(a)in paragraph (a), for “Monitor’s” substitute “NHS England’s”;

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

5715In section 93 (register of licence holders), in each of subsections (1) to (4) and
(6), for “Monitor”, in each place it occurs, substitute “NHS England”.

58(1)Section 94 (standard conditions) is amended as follows.

(2)In subsections (1) and (4), for “Monitor”, in each place it occurs, substitute
NHS England”.

(3)20Omit subsections (7) to (11).

59(1)Section 95 (special conditions) is amended as follows.

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

(3)In subsection (2)—

(a)for “Monitor” substitute “NHS England”;

(b)25omit paragraph (c).

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

(5)In subsection (4)—

(a)in paragraph (a), for “Monitor” substitute “NHS England”;

(b)in paragraph (b), for “Monitor’s” substitute “NHS England’s”;

(c)30in paragraph (c), for “Monitor” substitute “NHS England”.

60(1)Section 96 (limits on Monitor‘s functions to set or modify licence conditions)
is amended as follows.

(2)In the heading for “Monitor’s” substitute “NHS England’s”.

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

(4)35In subsection (2)—

(a)in the words before paragraph (a), for “Monitor” substitute “NHS
England”;

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

(c)in paragraph (f), for “Monitor” substitute “NHS England”;

(d)40in paragraph (i), for “Monitor’s” substitute “NHS England’s”;

Health and Care BillPage 191

(e)for paragraph (k) substitute—

(k)for such other purposes as may be prescribed.”

(5)In subsection (4), for “Monitor” substitute “NHS England”.

61In section 97 (conditions: supplementary), in subsections (1)(a), (b), (e), (f),
5(h), (i)(ii) and (iii) and (3), for “Monitor”, in each place it occurs, substitute
NHS England”.

62(1)Section 98 (conditions relating to the continuation of the provision of
services etc) is amended as follows.

(2)In subsection (1)(a), (b) and (c), for “Monitor” substitute “NHS England”.

(3)10In subsection (3), for “Monitor” substitute “NHS England”.

(4)In subsection (4) for “Monitor” substitute “NHS England”.

(5)After subsection (5) insert—

(5A)In subsections (4)(a) and (5) “commissioner” does not include NHS
England.”

(6)15In subsection (6), for “Monitor” substitute “NHS England”.

(7) In subsection (7)—

(a)for “Monitor” substitute “NHS England”;

(b)omit paragraph (b) and the “and” before it.

63(1)Section 99 (notification of commissioners where continuation of services at
20risk) is amended as follows.

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

(3)For subsection (3) substitute—

(3)NHS England must as soon as reasonably practicable notify such
integrated care boards as NHS England considers appropriate—

(a)25of the action it has taken, and

(b)of its reasons for being satisfied as mentioned in subsection
(1)(b).”

In subsection (4)—

(a)for “Monitor” substitute “NHS England”;

(b)30for “Monitor’s” substitute “NHS England’s”.

(5)In subsection (5), omit “The Board and”.

64(1)Section 100 (modification of standard conditions) is amended as follows.

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

(3)In subsection (2)—

(a)35for “Monitor” substitute “NHS England”;

(b)omit paragraph (c).

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

(5)In subsection (4)—

(a)in paragraph (a), for “Monitor” substitute “NHS England”;

Health and Care BillPage 192

(b)in paragraph (c), for “Monitor’s” substitute “NHS England’s”;

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

(6)In subsection (10), for “Monitor”, in both places it occurs, substitute “NHS
England”.

655In section 102 (modification of conditions by order under other enactments),
in subsection (6)(a), for “Monitor” substitute “NHS England”.

66(1)Section 104 (power to require documents and information) is amended as
follows.

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

(3)10In subsection (2), omit paragraph (e) (but not the “and” at the end).

(4)For subsection (4) substitute—

(4)In this section “regulatory functions”, in relation to NHS England,
has the meaning given by section 13SA(2) of the National Health
Service Act 2006.”

6715In section 105 (discretionary requirements), in subsections (1), (2)(a), (b) and
(c) and (3), for “Monitor”, in each place it occurs, substitute “NHS England”.

68In section 106 (enforcement undertakings), in subsections (1), (4) and (5), for
“Monitor”, in each place it occurs, substitute “NHS England”.

69(1)Section 108 (guidance as to use of enforcement powers) is amended as
20follows.

(2)In each of subsections (1) to (3), for “Monitor” substitute “NHS England”.

(3)In subsection (4)—

(a)in the words before paragraph (a), for “Monitor’s” substitute “NHS
England’s”;

(b)25in paragraphs (a), (b) and (c), for “Monitor” substitute “NHS
England”.

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

70In section 109 (publication of enforcement action), in subsections (1) and (2),
for “Monitor” substitute “NHS England”.

7130In section 110 (notification of enforcement action), in subsection (1)—

(a)for “Monitor” substitute “NHS England”;

(b)omit paragraph (a).

72In section 111 (imposition of licence conditions on NHS foundation trusts),
in each of subsections (1) to (2A), and (4) to (9), for “Monitor”, in each place
35it occurs, substitute “NHS England”.

73(1)Section 113 (orders under section 112: criteria for deciding applicable trusts)
is amended as follows.

(2)In each of subsections (1) to (5), for “Monitor”, in each place it occurs,
substitute “NHS England”.

(3)40In subsection (6), for “Monitor’s” substitute “NHS England’s”.

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74In section 128 (health special administration orders), in subsection (2), for
“Monitor” substitute “NHS England”.

75(1)Section 130 (health special administration regulations) is amended as
follows.

(2)5In subsection (5), for “Monitor” substitute “NHS England”.

(3)In subsection (6)—

(a)in paragraphs (a) and (b), “Monitor” substitute “NHS England”;

(b)in paragraph (c)—

(i)for “Monitor” substitute “NHS England”;

(ii)10omit “and the National Health Service Commissioning
Board”;

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

(4)In subsection (11), for paragraphs (a) and (b) substitute “such persons as the
Secretary of State considers appropriate”.

7615In section 131 (transfer schemes), in subsection (2)(a), (b) and (c), for
“Monitor” substitute “NHS England”.

77In section 132 (indemnities), for “Monitor” substitute “NHS England”.

78In section 134 (duty to establish mechanisms for providing financial
assistance), in each of subsections (1) to (6), for “Monitor”, in each place it
20occurs, substitute “NHS England”.

79(1)Section 135 (power to establish fund) is amended as follows

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

(3)In subsection (2)—

(a)for “Monitor” substitute “NHS England”;

(b)25for “commissioners” substitute “integrated care boards”.

(4)In each of subsections (3) and (5) to (8), for “Monitor” substitute “NHS
England”

80In section 136 (applications), in each of subsections (1) to (3) and (6) to (9), for
“Monitor”, in each place it occurs, substitute “NHS England”.

8130In section 137 (grants and loans), in each of subsections (1) and (3) to (5), for
“Monitor” substitute “NHS England”.

82(1)Section 138 (power to impose charges on commissioners) is amended as
follows.

(2)For subsection (1) substitute—

(1)35The Secretary of State may by regulations confer power on NHS
England to require integrated care boards to pay charges relating to
such of NHS England’s regulatory functions as relate to securing the
continued provision of health care services for the purposes of the
NHS.

(1A)40In subsection (1) “regulatory functions”, in relation to NHS England,
has the meaning given by section 13SA(2) of the National Health
Service Act 2006.”

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

(4)In subsection (4), for “Monitor”, in both places it occurs, substitute “NHS
England”.

(5)For subsection (5) substitute—

(5)5Before making regulations under this section, the Secretary of State
must consult NHS England.”

83(1)Section 139 (imposition of levy) is amended as follows.

(2)In subsection (2)—

(a)for “Monitor” substitute “NHS England”;

(b)10in paragraph (b), for “commissioners” substitute “integrated care
boards”.

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

84In section 140 (power of Secretary of State to set limit on levy and charges),
in subsections (1)(a) and (2), for “Monitor”, in each place it occurs, substitute
15NHS England”.

85(1)Section 141 (consultation) is amended as follows.

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

(3)In subsection (3)—

(a)for “Monitor” substitute “NHS England”;

(b)20omit paragraph (b).

(4)In subsections (4), (5)(a), (6) and (8), for “Monitor” substitute “NHS
England”.

86In section 143 (amount payable), in each of subsections (1), (4) to (6) and (8),
for “Monitor”, in each place it occurs, substitute “NHS England”.

8725In section 144 (investment principles and reviews), in each of subsections (1)
to (3), (4)(b) and (6), for “Monitor” substitute “NHS England”.

88In section 145 (borrowing), in subsections (1) and (2), for “Monitor”
substitute “NHS England”.

89In section 146 (shortfall or excess of available funds, etc), in each of
30subsections (1) to (3), for “Monitor” substitute “NHS England”.

90(1)Section 148 (service of documents) is amended as follows.

(2)In subsection (6)(a), for “Monitor” substitute “NHS England”.

(3)Omit subsection (9).

91In section 149 (electronic communications), in each of subsections (2) to (5),
35for “Monitor”, in each place it occurs, substitute “NHS England”.

92(1)Section 150 is amended as follows.

(2)In subsection (1)—

(a)for the definition of “anti-competitive behaviour” substitute—

  • ““anti-competitive behaviour” means behaviour which
    40would (or would be likely to) prevent, restrict or

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  • distort competition and a reference to preventing
    anti-competitive behaviour includes a reference to
    eliminating or reducing the effects (or potential
    effects) of the behaviour;”;

(b)5for the definitions of “health care” and “health care service”
substitute—

  • ““health care” means all forms of health care provided
    for individuals, whether relating to physical or
    mental health, with a reference in this Part to “health
    10care services” being read accordingly; and for the
    purposes of this Part it does not matter if a health care
    service is also an adult social care service;”;

(c)for the definition of “the NHS” substitute—

  • ““the NHS” means the comprehensive health service
    15continued under section 1(1) of the National Health
    Service Act 2006, except the part of it that is provided
    in pursuance of the public health functions (within
    the meaning of that Act) of the Secretary of State or
    local authorities;”.

(3)20After subsection (1) insert—

(1A)A reference in this Part to the provision of health care services for the
purposes of the NHS is a reference to their provision for those
purposes in accordance with the National Health Service Act 2006.”

93In section 175 (objective of trust special administration), omit subsection (2).

94(1)25Section 254 (powers to direct Information Centre to establish information
systems) is amended as follows.

(2)In subsection (3) for “NHS Services” substitute “health services”.

(3)Omit subsection (4).

95In section 255 (powers to request Information Centre to establish
30information systems), in subsection (9), omit paragraph (a).

96(1)In section 288 (duty to co-operate with Care Quality Commission) is
amended as follows.

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

(3)In subsection (2)(a)—

(a)35for “Monitor”, in each place it occurs, substitute “NHS England”;

(b)after “any” insert “relevant”.

(4)After subsection (2) insert—

(2A)In subsection (2)(a) “relevant information” means information held
by NHS England in connection with—

(a)40its regulatory functions, within the meaning given by section
13SA(2) of the National Health Service Act 2006, or

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

97(1)Section 290 (other duties to co-operate) is amended as follows.

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(2)Omit subsection (1).

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

(4)Omit subsections (5) and (6).

98In section 291 (breaches of duties to co-operate), in subsection (2)—

(a)5in paragraph (a), for “Monitor” substitute “NHS England”;

(b)for paragraph (b), substitute—

(b)the duty under section 290(2),”;

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

99(1)Section 304 (regulations, orders and directions) is amended as follows.

(2)10In subsection (5), omit paragraph (a).

(3)In subsection (12)(a), omit sub-paragraph (i).

100(1)Schedule 11 (further provision about Monitor’s enforcement powers) is
amended as follows.

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

(3)15In the following provisions for “Monitor”, in each place it occurs, substitute
NHS England”—

(a)paragraph 1(1), (2)(a), (d) and (e) and (4);

(b)paragraph 2(1), (2), (3)(a) and (5);

(c)paragraph 3(1) and (4)(b) and (c);

(d)20paragraph 4;

(e)paragraph 5(1), (2), (5) and (6);

(f)paragraph 6(1) and (4)(b);

(g)paragraph 7(1);

(h)paragraph 8;

(i)25paragraph 9(1), (2) and (3);

(j)paragraph 10(1) and (2);

(k)paragraph 11;

(l)paragraph 12(1), (2), (3) and (4);

(m)paragraph 13(1);

(n)30paragraph 14.

(4)In paragraph 13(3), for “Monitor’s” substitute “NHS England’s”.

Local Audit and Accountability Act 2014

101In Schedule 6 to the Local Audit and Accountability Act 2014 (codes of audit
practice and guidance), in paragraph 10(4)(a), for “Monitor” substitute
35NHS England”.

Mental Health Units (Use of Force) Act 2018

102In section 9 of the Mental Health Units (Use of Force) Act 2018 (investigation
of deaths or serious injuries), omit paragraph (b).

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Domestic Abuse Act 2021

103In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the
Domestic Abuse Commissioner), in subsection (3), omit paragraph (q).

Section 40

Schedule 6 5Intervention powers over the reconfiguration of NHS services

In the National Health Service Act 2006, after Schedule 10 insert—

Section 68A

Schedule 10A Intervention powers in relation to the reconfiguration of NHS
services

10Definitions

1In this Schedule—

  • NHS commissioning body” means NHS England or an
    integrated care board;

  • NHS services” means services provided as part of the health
    15service in England;

  • NHS trust” means an NHS trust established under section
    25;

  • “reconfiguration of NHS services” means a change in the
    arrangements made by an NHS commissioning body for
    20the provision of NHS services where that change has an
    impact on—

    (a)

    the manner in which a service is delivered to
    individuals (at the point when the service is received
    by users), or

    (b)

    25the range of health services available to individuals.

Duty to notify Secretary of State of reconfiguration proposals

2If an NHS commissioning body proposes a reconfiguration of
NHS services it must notify the Secretary of State.

Duty to notify Secretary of State where reconfiguration likely to be needed

330If an NHS commissioning body, NHS trust or NHS foundation
trust is aware of circumstances that it thinks are likely to result in
a need for the reconfiguration of NHS services, it must notify the
Secretary of State.

Power to call-in proposal for reconfiguration

4(1)35The Secretary of State may give an NHS commissioning body a
direction calling in any proposal by the body for the
reconfiguration of NHS services.

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(2)Where a direction is given under sub-paragraph (1), the Secretary
of State—

(a)may take any decision in relation to the proposal that could
have been taken by the NHS commissioning body, and

(b)5must notify the NHS commissioning body once the
Secretary of State has finished considering the proposal.

(3)The power of the Secretary of State to take decisions under sub-
paragraph (2)(a) includes—

(a)power to decide whether a proposal should, or should not,
10proceed, or should proceed in a modified form;

(b)power to decide particular results to be achieved by the
NHS commissioning body in taking decisions in relation to
the proposal;

(c)power to decide procedural or other steps that should, or
15should not, be taken in relation to the proposal;

(d)power to retake any decision previously taken by the NHS
commissioning body.

(4)The Secretary of State must—

(a)publish any decision under sub-paragraph (2)(a), and

(b)20notify the NHS commissioning body of the decision.

5(1)This paragraph applies where the Secretary of State gives a
direction under paragraph 4(1) calling in a proposal for the
reconfiguration of NHS services.

(2)Until notified that the Secretary of State has finished considering
25the proposal, the NHS commissioning body must not take further
steps in relation to a proposal except to such extent (if any) as may
be permitted by the direction.

(3)Once notified that the Secretary of State has finished considering
the proposal, the NHS commissioning body must give effect to
30any decision of the Secretary of State under paragraph 4(2)(a) in
relation to the proposal.

Power to require consideration of proposals for reconfiguration

6The Secretary of State may direct an NHS commissioning body to
consider a reconfiguration of NHS services.

35Duties to provide information and other assistance

7An NHS commissioning body, NHS trust or NHS foundation trust
must give the Secretary of State any information or other
assistance that the Secretary of State requires it to give for the
purposes of carrying out any functions under this Schedule.

40Guidance

8(1)The Secretary of State must publish guidance for NHS
commissioning bodies, NHS trusts and NHS foundation trusts
about—

(a)the exercise of their functions under this Schedule, and

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(b)how the Secretary of State proposes to exercise the
Secretary of State’s functions under this Schedule.

(2)NHS commissioning bodies, NHS trusts and NHS foundation
trusts must have regard to any guidance published under sub-
5paragraph (1).”

Section 43

Schedule 7 NHS trusts in England and removal of power to appoint trustees:
consequential amendments

Value Added Tax Act 1994

110In section 33D of the Value Added Tax Act 1994 (descriptions of charities
qualifying for VAT refunds), in subsection (4), before paragraph (a) insert—

(za)an NHS trust in England,”.

Finance Act 2003

2In section 67A of the Finance Act 2003 (acquisitions by certain health service
15bodies), in subsection (1), after paragraph (b) insert—

(ba)an NHS trust established under section 25 of the National
Health Service Act 2006;”.

National Health Service Act 2006

3The National Health Service Act 2006 is amended as follows.

420In section 215 (trustees and property under section 222), in subsection (3)(b),
omit “paragraph 10 of Schedule 4, or”.

5In section 217 (supplementary provisions about trusts), in subsection (1),
omit paragraph (h) (but not the “and” at the end).

6In Schedule 4 (NHS trusts), in paragraph 12, omit sub-paragraph (2A).

25National Health Service (Wales) Act 2006

7In section 163 of the National Health Service (Wales) Act 2006 (trustees and
property under section 169) in subsection (3), omit “, or paragraph 10 of
Schedule 4 to the National Health Service Act 2006”.

Health and Social Care Act 2012

830The Health and Social Care Act 2012 is amended as follows.

9In section 112 (transitional provision relating to abolition of NHS trusts etc),
in subsection (5)(b), omit the words from “(whether because” to the end.

10Omit section 180 (repeal of provisions on authorisation for NHS foundation
trusts).

1135In section 200 (care trusts), omit subsection (15).