Health and Social Care Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 8 — Charging
254

     (2C)
The Board may provide local pharmaceutical services
under an LPS scheme only in such circumstances as may
be prescribed.”, and
(e)
in each of sub-paragraphs (5) and (6), for “a Primary Care Trust”
substitute “the Board”.
5
      (3)
In paragraph 2 (designation of priority neighbourhoods or premises)—
(a)
in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust”
substitute “the Board”, and
(b)
in sub-paragraph (1), omit “or Strategic Health Authority”.
      (4)
In paragraph 3 (regulations)—
10
(a)
in sub-paragraph (2), for “the commissioning body” substitute “the
commissioner”, and
(b)
in sub-paragraph (3)(k)—
(i)
for “Primary Care Trusts” substitute “the Board or the
Secretary of State”, and
15
(ii)
omit “or Strategic Health Authorities”.
      (5)
In consequence of the repeals made by this paragraph, omit section 29(7),
(8)(a) and (c), (10), (12) and (15) of the Health Act 2009.
      (6)
Any LPS scheme under Chapter 3 of Part 7 of the National Health Service
Act 2006 having effect immediately before the commencement of this
20
paragraph is to continue to have effect as if it had been established by the
Board; and nothing in this paragraph or paragraph 62 affects the validity of
anything done under or for the purposes of the scheme.
Part 8
Charging
25
92
In section 176 (dental charging)—
(a)
in subsection (3), for “a Primary Care Trust or Special Health
Authority” substitute “the Board”, and
(b)
in subsection (4)(a), omit sub-paragraph (i).
93
In section 177 (exemptions from dental charging), in subsection (4), omit
30
paragraph (a).
94    (1)
Section 180 (payments in respect of costs of optical appliances) is amended
as follows.
      (2)
In subsection (1), for “him or a relevant body” substitute “the Board”.
      (3)
In subsection (3), in paragraph (a)—
35
(a)
for “himself or such relevant body as may be prescribed” substitute
“the Board”, and
(b)
for “he or the prescribed body” substitute “the Board”.
      (4)
In paragraph (b) of that subsection—
(a)
for “him or such relevant body as may be prescribed” substitute “the
40
Board”, and
(b)
for “him or by the prescribed body” substitute “the Board”.

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 8 — Charging
255

      (5)
After subsection (6) insert—
“(6A)
The Board may direct a Special Health Authority, or such other body
as may be prescribed, to exercise any of the Board’s functions under
regulations under this section.”
      (6)
Omit subsection (10).
5
      (7)
In subsection (11), at the end insert “in accordance with the regulations”.
      (8)
Omit subsection (12).
      (9)
For the title to section 180 substitute “Payments in respect of costs of optical
appliances and sight tests”.
95    (1)
Section 181 (provision supplementary to section 180) is amended as follows.
10
      (2)
In subsection (3), omit the words from “(whether” to the end.
      (3)
Omit subsection (9).
96    (1)
Section 183 (payment of travelling expenses) is amended as follows.
      (2)
In paragraph (a) —
(a)
after “the Secretary of State” insert “, the Board, a commissioning
15
consortium,”, and
(b)
omit “a Primary Care Trust,”.
      (3)
In paragraph (b)—
(a)
after “by” insert “the Board,”,
(b)
omit “a Primary Care Trust”, and
20
(c)
before the first “to” insert “or a commissioning consortium”, and
(d)
omit the words from “and” to “Trust,”.
      (4)
In paragraph (c)—
(a)
after “by” insert “the Board,”,
(b)
omit “a Primary Care Trust”, and
25
(c)
before the first “to” insert “or a commissioning consortium”.
97
In section 185 (charges for more expensive supplies), in subsection (2)—
(a)
after “the Secretary of State,” insert “the Board, a commissioning
consortium, a local authority,”, and
(b)
omit “a Primary Care Trust,”.
30
98
In section 186 (charges for repairs and replacements in certain cases), in
subsection (2)—
(a)
after “the Secretary of State,” insert “the Board, a commissioning
consortium, a local authority,” and
(b)
omit “a Primary Care Trust,”.
35
99
In section 187 (charges for designated services or facilities) for the words
from “designated” to the end substitute “of a kind mentioned in section
3(1)(d) or (e) (whether provided in pursuance of those provisions or any
other provision of this Act)”.
100
In section 188 (sums otherwise payable to those providing services), in
40
subsection (2) —

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 9 — Fraud etc.
256

(a)
after the first “by” insert “the Board or a commissioning
consortium,”, and
(b)
omit “a Primary Care Trust”.
101
In section 189 (hospital accommodation on part payment), in subsection
(1)(a) after “accommodation” insert “provided or managed under or by
5
virtue of section 2A or Schedule 1”.
Part 9
Fraud etc.
102   (1)
Section 195 (compulsory disclosure of documents) is amended as follows.
      (2)
In subsection (2) for “section 2(1)(b)” substitute “section 2”.
10
      (3)
In subsection (3) —
(a)
for “section 2(1)(b)” substitute “section 2”,
(b)
in paragraph (a) after “Secretary of State” insert “, a local authority”,
(c)
in paragraph (c) for “NHS contractors” substitute “health service
contractors”,
15
(d)
in paragraph (d) after “Secretary of State” insert “, a local authority”,
(e)
in paragraph (f) after “Secretary of State” insert “, a local authority”,
(f)
for “NHS services” (in each place where it occurs) substitute “health
services”, and
(g)
for “NHS contractor” (in each place where it occurs) substitute
20
“health service contractor”.
103   (1)
Section 196 (persons and bodies about which provision is made by Part 10)
is amended as follows.
      (2)
In subsection (3)—
(a)
before paragraph (a) insert—
25
“(za)
the Board,
(zb)
a commissioning consortium,”
(b)
omit paragraph (a), and
(c)
omit paragraph (c).
      (3)
In subsection (5)—
30
(a)
for “An “NHS contractor”” substitute “A “health service
contractor””, and
(b)
after “an NHS body” insert “or a local authority”.
104   (1)
Section 197 (notice requiring production of documents) is amended as
follows.
35
      (2)
In subsection (1)(a) for “NHS contractor” substitute “health service
contractor”.
      (3)
In subsection (3)(d) for “NHS contractor” substitute “health service
contractor”.
105   (1)
Section 210 (interpretation of Part 10) is amended as follows.
40
      (2)
In subsection (1) for ““NHS contractor”” substitute ““health service
contractor””.

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 10 — Property and finance
257

      (3)
In subsection (2)(a)—
(a)
after “in relation to” insert “a local authority,”, and
(b)
for “NHS contractors” substitute “health service contractors”.
Part 10
Property and finance
5
106
In section 213 (transfers of trust property), in subsection (2)(c)—
(a)
after “for” insert “the Board or a commissioning consortium,”, and
(b)
omit “a Primary Care Trust,.”
107   (1)
Section 214 (transfer of functions and property to or from special trustees) is
amended as follows.
10
      (2)
In subsection (1)—
(a)
after the first “by” insert “the Board, a commissioning consortium,”,
and
(b)
omit “a Primary Care trust,”.
      (3)
In subsection (3)(a)—
15
(a)
after “for” insert “the Board or a commissioning consortium,”, and
(b)
omit “a Primary Care Trust,”.
108   (1)
Section 215 (trustees and property under section 222) is amended as follows.
      (2)
Omit subsection (2)(b) and the preceding “and”.
      (3)
In subsection (3)—
20
(a)
before paragraph (a) insert—
“(za)
on trust for any purposes of the Board for which
trustees have been appointed under paragraph 11 of
Schedule A1,
(zb)
on trust for any purposes of the commissioning
25
consortium for which trustees have been appointed.”,
and
(b)
omit paragraph (a).
      (4)
In subsection (4)—
(a)
after the second “and” insert “the Board, the commissioning
30
consortium,”,
(b)
omit “the Primary Care Trust,” (in each place it occurs), and
(c)
after the second “by” insert “the Board, the consortium,”.
109
In section 217 (trusts: supplementary provisions), in subsection (1)—
(a)
omit paragraph (f), and
35
(b)
omit paragraph (g).
110
In section 218 (private trusts for hospitals), in subsection (4)—
(a)
in paragraph (b) omit “or Primary Care Trust”,
(b)
in paragraph (c) omit “or Primary Care Trust” (in both places where
it occurs), and
40
(c)
in paragraph (d) for “Strategic Health Authority” substitute
“Secretary of State, or the”.

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 10 — Property and finance
258

111   (1)
Section 222 (power to raise money) is amended as follows.
      (2)
In subsection (3) for “the Secretary of State” substitute “the appropriate
authority”.
      (3)
After subsection (3) insert—
“(3A)
In subsection (3) “appropriate authority” means—
5
(a)
in relation to a commissioning consortium, the Board, and
(b)
in relation to any other body to which this section applies, the
Secretary of State.”
112   (1)
In section 223 (formation of companies), in each of subsections (1), (2) and (5)
after “Secretary of State” insert “or the Board”.
10
      (2)
After that section insert—
“223A
Application of section 223 to commissioning consortia
(1)
Section 223 applies in relation to a commissioning consortium as it
applies in relation to the Board.
(2)
But the powers conferred by that section are exercisable by a
15
commissioning consortium only for the purpose of securing
improvement—
(a)
in the physical and mental health of the people for whom it
has responsibility for the purposes of section 3, or
(b)
in the prevention, diagnosis and treatment of illness in such
20
people.”
113
Omit section 224 (means of meeting expenditure of strategic health
authorities).
114   (1)
Section 226 (financial duties of Strategic Health Authorities and Special
Health Authorities) is amended as follows.
25
      (2)
Omit subsection (1).
      (3)
In subsection (3) —
(a)
omit “Strategic Health Authority or”, and
(b)
for “subsection (1) or (2)” substitute “subsection (2)”.
      (4)
In subsection (4) omit “Strategic Health Authority or” (in each place where
30
it occurs).
      (5)
In subsection (5) omit “Strategic Health Authority or”.
      (6)
In subsection (6) omit “Strategic Health Authority or”.
      (7)
In subsection (7)—
(a)
in paragraph (a) omit “specified Strategic Health Authority or”,
35
(b)
omit paragraph (b)(i) and the word “or” immediately following it,
and
(c)
omit paragraph (c)(i) and the word “or” immediately following it,
and
(d)
in the words following paragraph (c) omit “Strategic Health
40
Authority or”.

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 11 — Public involvement and scrutiny
259

115   (1)
Section 227 (resource limits for Strategic Health Authorities and Special
Health Authorities) is amended as follows.
      (2)
In subsection (1), omit “Strategic Health Authority and each”.
      (3)
In subsection (2)(b) omit “Strategic Health Authority or”.
      (4)
In subsection (3) omit “Strategic Health Authority or”.
5
      (5)
In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.
116
Omit sections 228 to 231 (funding of Primary Care Trusts etc).
117   (1)
Section 236 (payment for medical examination before application for
admission to hospital under the Mental Health Act) is amended as follows.
      (2)
In subsection (1), for “the Secretary of State” substitute “the prescribed
10
commissioning consortium”.
      (3)
In subsection (2)(b)—
(a)
after “report made” insert “—
(i)
”,
(b)
omit “a Primary Care Trust,”,
15
(c)
before “NHS trust” insert “an”, and
(d)
at the end insert “, or
(ii)
pursuant to arrangements made by the
National Health Service Commissioning
Board or a commissioning consortium.”
20
118
Omit Schedule 14 (further provision about expenditure of Primary Care
Trusts).
119   (1)
Schedule 15 (accounts and audits) is amended as follows.
      (2)
In paragraph 1(1)—
(a)
omit paragraph (a),
25
(b)
omit paragraph (c), and
(c)
omit paragraph (g).
      (3)
In paragraph 5, omit sub-paragraph (2).
      (4)
Omit paragraph 7.
      (5)
In paragraph 8(3) omit “or 7”.
30
      (6)
Omit paragraph 9.
Part 11
Public involvement and scrutiny
120
Omit sections 242A and 242B (duties of special health authorities in relation
to involvement of users).
35
121
In section 246 (overview and scrutiny committees: exempt information), in
subsection (3)(a), omit “, or under regulations under section 12A(4),”.

Health and Social Care Bill
Schedule 4 — Part 1: amendments to the National Health Service Act 2006
Part 12 — Miscellaneous
260

Part 12
Miscellaneous
122   (1)
Section 256 (power of Primary Care Trusts to make payments towards
expenditure on community services) is amended as follows.
      (2)
In subsection (1) for “A Primary Care Trust” substitute “The Board or a
5
commissioning consortium”.
      (3)
In subsection (3)—
(a)
for “A Primary Care Trust” substitute “The Board or a
commissioning consortium”, and
(b)
for “the Primary Care Trust” substitute “the Board or (as the case
10
may be) the consortium”.
123
In section 257 (payments in respect of voluntary organisations under section
256), in subsection (2) for “the Primary Care Trust” substitute “the Board or
the consortium”.
124
In section 258 (university clinical teaching and research), in subsection
15
(2)(a)—
(a)
after “by” insert “the Board, a commissioning consortium,”,
(b)
omit “a Strategic Health Authority,”, and
(c)
omit “Primary Care Trust,”.
125   (1)
Section 259 (sale of medical practices) is amended as follows.
20
      (2)
In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section
83(2)”.
      (3)
After that subsection insert—
“(4A)
The reference in subsection (4)(e) to arrangements under section
83(2) of this Act includes a reference to arrangements made under
25
section 83(2)(b) of this Act before the commencement of paragraph
19 of Schedule 4 to the Health and Social Care Act 2011 (sub-
paragraph (2) of which replaces section 83(2)).”
      (4)
In subsection (5), in the definition of “relevant area”—
(a)
after ““relevant area”,” insert “—
30
(a)
”, and
(b)
at the end insert “;
(b)
in relation to the Board, in a case where a
person has at any time provided or performed
services by arrangement or contract with the
35
Board, means the prescribed area (at the
prescribed time).”
126
Omit section 268 (persons displaced by health service development), and the
cross-heading which precedes it.
127   (1)
Section 270 (provision of information by Registrar General) is amended as
40
follows.
      (2)
In subsection (1) after “Secretary of State” insert “, the Board, a
commissioning consortium or a local authority”.