Health and Social Care Bill

House of Commons

Session 2007 - 08
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Health and Social Care Bill

Health and Social Care Bill
Schedule 13 — Transitional provisions relating to s. 135
170

      (4)
Where in any financial year any remuneration referable to that
element for which a Local Health Board is accountable is paid by
another Local Health Board, the remuneration must be treated (for
the purposes of sections 174 and 175) as having been paid by the
first Local Health Board in the performance of its functions.
5
      (5)
The Welsh Ministers may, in particular, exercise their discretion
under sub-paragraph (2)—
(a)
so that any apportionment relating to services associated
with the provision of drugs reflects, in the case of each
Local Health Board, the financial consequences of orders
10
for the provision of drugs, being orders which in the
opinion of the Welsh Ministers are attributable to the
Board in question,
(b)
by reference to averaged or estimated amounts.
      (6)
The Welsh Ministers may make provision for any remuneration
15
referable to an element designated under sub-paragraph (1) which
is paid by a Local Health Board other than the Board which is
accountable for the payment to be reimbursed in such manner as
the Welsh Ministers may determine.”
      (7)
In paragraph 4(1)—
20
(a)
at the end of the definition of “designated” insert “and “designate”
must be read accordingly”,
(b)
omit the definition of “pharmaceutical services”, and
(c)
in the definition of “remuneration referable to the cost of drugs”,
omit the words “except in paragraph 1(2)(b) and”.
25
      (8)
After paragraph 4(3) insert—
    “(4)
If the Welsh Ministers do not treat such remuneration, so far as it
is so met by an NHS trust, as remuneration referable to the cost of
drugs, they may treat it as remuneration falling within paragraph
3A(1).”
30
Schedule 13
Section 135(6)

Transitional provisions relating to s. 135
Interpretation of Schedule
1
In this Schedule “the 1948 Act” means the National Assistance Act 1948
(c. 29).
35
Complaints, orders and payments under section 43 of the 1948 Act
2     (1)
No complaint may be made under section 43 of the 1948 Act on or after the
appointed day, not even—
(a)
in respect of assistance given, or applied for, before that day, or
(b)
in respect of expenditure incurred by virtue of section 47 of that
40
Act—
(i)
before the appointed day, or

Health and Social Care Bill
Schedule 13 — Transitional provisions relating to s. 135
171

(ii)
in connection with the maintenance of a person who is
maintained in pursuance of an order under section 47 of that
Act (order for removing, to suitable premises, person in need
of care and attention) made before the appointed day.
      (2)
No order may be made under section 43(2) of the 1948 Act on or after the
5
appointed day, not even on a complaint made before that day.
      (3)
No order made under section 43(2) of the 1948 Act—
(a)
may be varied on or after the appointed day so as to—
(i)
provide for any additional payment,
(ii)
increase the amount of any payment, or
10
(iii)
bring forward the time for making any payment;
(b)
may be revived on or after the appointed day.
      (4)
Where an order has been made under section 43(2) of the 1948 Act, the only
payments required to be made under the order on or after the appointed day
are overdue pre-commencement payments.
15
      (5)
This Act does not prevent enforcement after the appointed day (whether by
proceedings or otherwise) of an order under section 43(2) of the 1948 Act so
far as the order relates to overdue pre-commencement payments.
      (6)
In this paragraph—
“the appointed day” means the day appointed under this Act for the
20
coming into force of section 135(1)(a);
“overdue pre-commencement payment”, in relation to an order under
section 43(2) of the 1948 Act, means a payment that under the order
should have been (but was not) made before that day.
      (7)
Sub-paragraphs (3) to (5) apply in relation to a registered order as to an order
25
made under section 43(2) of the 1948 Act in England and Wales, except that
in relation to a registered order “overdue pre-commencement payment”
means a payment that under the registered order should have been (but was
not) made before 5 October 2007.
      (8)
In sub-paragraph (7) “registered order” means—
30
(a)
an order made in Scotland under section 43(2) of the 1948 Act, and
(b)
registered in England and Wales under Part 2 of the Maintenance
Orders Act 1950 (c. 37) (enforcement in one part of the United
Kingdom of orders made in another part).
Recovery of expenditure incurred under section 47(8) of the 1948 Act
35
3     (1)
Sub-paragraphs (3) to (5) apply in relation to expenditure incurred under
section 47(8) of the 1948 Act in connection with the maintenance of any
particular person (“A”).
      (2)
In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for
the expenditure’s recovery under section 47(9) of the 1948 Act from a person
40
other than A if the proceedings are brought against that other person (“B”)
on account of B having, at a time before the appointed day, been for the
purposes of the 1948 Act liable to maintain A.
      (3)
No liability proceedings may be begun, or continued, on or after the
appointed day; but this is subject to sub-paragraph (5).
45

Health and Social Care Bill
Schedule 13 — Transitional provisions relating to s. 135
172

      (4)
Sub-paragraph (3) applies (subject to sub-paragraph (5))—
(a)
even to expenditure incurred before the appointed day, and
(b)
even where A is maintained in pursuance of an order under section
47 of the 1948 Act made before the appointed day.
      (5)
Where liability proceedings begun before the appointed day resulted in a
5
court making an order before that day for the recovery of the expenditure
from B, this Act does not prevent the enforcement of the order (whether by
proceedings or otherwise) on or after the appointed day.
      (6)
In this paragraph “the appointed day” means the day appointed under this
Act for the coming into force of section 135(1)(b).
10
Recovery of expenses incurred under section 48 of the 1948 Act
4     (1)
Sub-paragraphs (3) to (5) apply in relation to reasonable expenses incurred
under section 48(1) and (2) of the 1948 Act in relation to a person (“C”)
admitted, or removed, as mentioned in section 48(1) of that Act.
      (2)
In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for
15
the expenses’ recovery under section 48(3) of the 1948 Act from a person
other than C if the proceedings are brought against that other person (“D”)
on account of D having, at a time before the appointed day, been for the
purposes of the 1948 Act liable to maintain C.
      (3)
No liability proceedings may be begun, or continued, on or after the
20
appointed day; but this is subject to sub-paragraph (5).
      (4)
Sub-paragraph (3) applies (subject to sub-paragraph (5))—
(a)
even to expenses incurred before the appointed day, and
(b)
even where C was admitted, or removed, before the appointed day.
      (5)
Where liability proceedings begun before the appointed day resulted in a
25
court making an order before that day for the recovery of the expenditure
from D, this Act does not prevent the enforcement of the order (whether by
proceedings or otherwise) on or after the appointed day.
      (6)
In this paragraph “the appointed day” means the day appointed under this
Act for the coming into force of section 135(1)(c).
30
Prosecutions under section 51 of the 1948 Act
5     (1)
Sub-paragraph (2) applies in relation to an offence under section 51 of the
1948 Act (offence where accommodation is provided under Part 3 of that Act
in consequence of persistent refusal or neglect to maintain a person), other
than an offence in respect of accommodation being provided to a person in
35
consequence of that person’s persistent refusal or neglect to maintain
himself.
      (2)
Proceedings for the offence may be begun or continued on or after the
appointed day, but only if the accommodation provided in consequence of
the refusal or neglect (or alleged refusal or neglect) began to be provided
40
before the appointed day.
      (3)
In this paragraph “the appointed day” means the day appointed under this
Act for the coming into force of section 135(1)(d).

Health and Social Care Bill
Schedule 13 — Transitional provisions relating to s. 135
173

Transitional cases under paragraph 19(1) of Schedule 6 to the 1948 Act
6     (1)
Sub-paragraphs (2) and (3) apply where—
(a)
a person was by virtue of an enactment repealed by the 1948 Act
under a liability (whether under an order of a court or otherwise) to
maintain another person,
5
(b)
on the repeal of that enactment by the 1948 Act, that liability was
saved by the operation of section 38(2) of the Interpretation Act 1889
(c. 63), and
(c)
paragraph 19(1) of Schedule 6 to the 1948 Act (which ended a saved
liability to maintain a person where there was no liability to maintain
10
that person for the purposes of the 1948 Act) did not have effect to
end that liability.
      (2)
If that liability has not come to an end before the appointed day, it comes to
an end as from the beginning of that day; but this is subject to sub-paragraph
(3).
15
      (3)
Where that liability is brought to an end by this Act and an order of a court
made before the appointed day requires the making of payments on account
of that liability, this Act—
(a)
does not end liability to make payments under the order that should
have been (but were not) made before the appointed day, and
20
(b)
does not prevent enforcement after the appointed day (whether by
proceedings or otherwise) of the order so far as it relates to payments
required by it to be made before the appointed day.
      (4)
In this paragraph “the appointed day” means the day appointed under this
Act for the coming into force of section 135(1)(e).
25
Transitional cases under paragraph 19(2) of Schedule 6 to the 1948 Act
7     (1)
Sub-paragraphs (2) and (3) apply where an order of court, or agreement,
such as is mentioned in sub-paragraph (2) of paragraph 19 of Schedule 6 to
the 1948 Act has effect at any time on or after 5th July 1948 by virtue of that
sub-paragraph.
30
      (2)
If the order or agreement has not ceased to have effect before the appointed
day, it ceases to have effect as from the beginning of that day; but this is
subject to sub-paragraph (3).
      (3)
Where the order or agreement ceases to have effect as a result of the
operation of this Act, this Act—
35
(a)
does not end liability to make payments under the order or
agreement that should have been (but were not) made before the
appointed day, and
(b)
does not prevent enforcement after the appointed day (whether by
proceedings or otherwise) of the order or agreement so far as it
40
relates to payments required by virtue of the order or agreement to
be made before the appointed day.
      (4)
In this paragraph “the appointed day” means the day appointed under this
Act for the coming into force of section 135(1)(f).

Health and Social Care Bill
Schedule 14 — Further amendments relating to Part 5
174

Recovery of expenses under section 46 of the Public Health (Control of Disease) Act 1984
8     (1)
Sub-paragraphs (3) to (5) apply in relation to expenses incurred under
subsection (1) or (2) of section 46 of the Public Health (Control of Disease)
Act 1984 (c. 22) in relation to a person (“E”) whose body has been buried, or
cremated, as mentioned in that subsection.
5
      (2)
In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for
the expenses’ recovery under section 46(5) of that Act from a person (“F”) on
account of F having, at a time before the appointed day, been for the
purposes of the 1948 Act liable to maintain E.
      (3)
No liability proceedings may be begun, or continued, on or after the
10
appointed day; but this is subject to sub-paragraph (5).
      (4)
Sub-paragraph (3) applies (subject to sub-paragraph (5))—
(a)
even to expenses incurred before the appointed day, and
(b)
even where E died before the appointed day.
      (5)
Where liability proceedings begun before the appointed day resulted in a
15
court making an order before that day for the recovery of the expenditure
from F, this Act does not prevent the enforcement of the order (whether by
proceedings or otherwise) on or after the appointed day.
      (6)
In this paragraph “the appointed day” means the day appointed under this
Act for the coming into force of section 135(1)(g).
20
Schedule 14
Section 148

Further amendments relating to Part 5
Children Act 1989 (c. 41)
1
In section 17A of the Children Act 1989 (direct payments), after subsection
(3) (provisions of section 57 of the Health and Social Care Act 2001 apply
25
with any necessary modifications) insert—
“(3A)
The modifications mentioned in subsection (3) include, in particular,
the omission of the provisions inserted into section 57 of the 2001 Act
by the Health and Social Care Act 2008.”
Parliamentary Commissioner Act 1967 (c. 13)
30
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
and authorities subject to investigation) insert at the appropriate place—
“The National Information Governance Board for Health and
Social Care.”
House of Commons Disqualification Act 1975 (c. 24)
35
3
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) insert at the appropriate

Health and Social Care Bill
Schedule 14 — Further amendments relating to Part 5
175

place—
“The National Information Governance Board for Health and
Social Care.”
Freedom of Information Act 2000 (c. 36)
4
In Schedule 1 to the Freedom of Information Act 2000 (public authorities) in
5
Part 6 (other public bodies and offices) insert at the appropriate place—
“The National Information Governance Board for Health and
Social Care.”
National Health Service Act 2006 (c. 41)
5
In section 271 of the National Health Service Act 2006 (territorial limit of
10
exercise of functions) in subsection (3) (which lists the provisions in relation
to which functions are not exercisable only in relation to England)—
(a)
after paragraph (f) insert—
“(fa)
section 250B to 250D (National Information
Governance Board),”, and
15
(b)
in paragraph (g), for “252 (Patient Information Advisory Group)”
substitute “252 (consultation with National Information Governance
Board)”.
6
In Schedule 1 to the National Health Service Act 2006 (further provision
about the Secretary of State and services under that Act), in paragraph 3, for
20
“2(1)(b)” substitute “2(2)”.
National Health Service (Wales) Act 2006 (c. 42)
7
In Schedule 1 to the National Health Service (Wales) Act 2006 (further
provision about the Welsh Ministers and services under that Act), in
paragraph 3, for “2(1)(b)” substitute “2(2)”.
25
Safeguarding Vulnerable Groups Act 2006 (c. 47)
8
In section 6 of the Safeguarding Vulnerable Groups Act 2006 (regulated
activity providers), after subsection (8) insert—
“(8A)
An authority that is a local authority for the purposes of section 17A
of the Children Act 1989 or section 57 of the Health and Social Care
30
Act 2001 (direct payments) does not make arrangements for another
to engage in a regulated activity by virtue of anything the authority
does under that section.
(8B)
A person (S) who is someone’s surrogate within the meaning of
section 57 of the Health and Social Care Act 2001 does not make
35
arrangements for another to engage in a regulated activity by virtue
of anything that S does under subsection (1B)(b) or (1C)(b) of that
section.”