|
| |
|
| |
(a) | for “the Secretary of State” substitute “the person to whom the |
| |
information is provided”, and |
| |
(b) | for “his functions” substitute “its functions”. |
| |
128 | In section 273 (further provision about orders and directions), in subsection |
| 5 |
(3) after “Strategic Health Authority” insert “or the Board”. |
| |
129 (1) | Section 275(1) (interpretation) is amended as follows. |
| |
(2) | Before the definition of “dental practitioner” insert— |
| |
““the Board” means the National Health Service |
| |
| 10 |
“commissioning consortium” means a commissioning |
| |
consortium established under section 14D of this Act,”. |
| |
(3) | After the definition of “modifications” insert— |
| |
| |
| 15 |
(b) | a commissioning consortium, |
| |
(c) | a Special Health Authority, |
| |
| |
(e) | an NHS foundation trust, and |
| |
(f) | a Local Health Board.” |
| 20 |
(4) | Until the commencement of section 29, the definition of “NHS body” in |
| |
section 275 of the National Health Service Act 2006 has effect as if it included |
| |
a reference to a Primary Care Trust. |
| |
| |
| |
Part 1: amendments of other enactments |
| 25 |
National Assistance Act 1948 (c. 29) |
| |
1 (1) | Section 24 of the National Assistance Act 1948 (local authority’s liability for |
| |
provision of accommodation) is amended as follows. |
| |
(2) | In subsection (6A), in paragraph (b), omit “Primary Care Trust or”. |
| |
(3) | Omit subsection (6B). |
| 30 |
(4) | In consequence of the repeal made by sub-paragraph (3), omit paragraph 1 |
| |
of Schedule 1 to the Health Act 2009. |
| |
Health Services and Public Health Act 1968 (c. 46) |
| |
2 (1) | Section 63 of the Health Services and Public Health Act 1968 (provision of |
| |
instruction for officers of hospital authorities etc.) is amended as follows. |
| 35 |
| |
(a) | after “servants of” insert “the National Health Service |
| |
Commissioning Board or a commissioning consortium,”, |
| |
(b) | omit “a Strategic Health Authority,”, and |
| |
|
| |
|
| |
|
(c) | omit “, Primary Care Trust”. |
| |
| |
(a) | in paragraph (a) before “or the council” insert “, the National Health |
| |
Service Commissioning Board, a commissioning consortium”, and |
| |
(b) | in paragraph (b) for “a Primary Care Trust” substitute “the National |
| 5 |
Health Service Commissioning Board”. |
| |
| |
(a) | omit “Strategic Health Authority” (in each place where it occurs), |
| |
| |
(b) | omit “, Primary Care Trust” (in each place where it occurs). |
| 10 |
| |
(a) | omit paragraph (za), and |
| |
| |
Mental Health Act 1983 (c. 20) |
| |
3 | The Mental Health Act 1983 is amended as follows. |
| 15 |
4 | In section 19 (regulations as to transfers of patients), in subsection (3)— |
| |
(a) | for “NHS foundation trust,”, in each place it appears, substitute |
| |
“NHS foundation trust or”, and |
| |
(b) | omit “or Primary Care Trust” in each place it appears. |
| |
5 | In section 23 (discharge of patients), in subsection (5)(a)— |
| 20 |
(a) | for “, Special Health Authority”, in each place it appears, substitute |
| |
“or Special Health Authority”, |
| |
(b) | omit “or Primary Care Trust” in each place it appears, and |
| |
(c) | omit “, trust” in each place it appears. |
| |
6 | In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3), |
| 25 |
omit “, Primary Care Trusts”. |
| |
7 (1) | Section 39 (power of court to request information from hospitals) is |
| |
| |
| |
(a) | omit “Primary Care Trust or” in each place it appears, |
| 30 |
(b) | in paragraph (a), after the first “the” insert “commissioning |
| |
| |
(c) | in paragraph (b), at the beginning insert “the National Health Service |
| |
| |
(d) | in that paragraph, after “or any other” insert “commissioning |
| 35 |
| |
(e) | after “such information as that” insert “commissioning consortium |
| |
| |
(f) | after “Local Health Board or”, in each place it appears, insert “the |
| |
National Health Service Commissioning Board or the”, |
| 40 |
(g) | after “order, and that” insert “commissioning consortium or”. |
| |
|
| |
|
| |
|
(3) | After subsection (1) insert— |
| |
“(1ZA) | A request under this section to the National Health Service |
| |
Commissioning Board may relate only to services or facilities the |
| |
provision of which the Board arranges.” |
| |
(4) | In consequence of the repeals made by sub-paragraph (2), omit paragraphs |
| 5 |
46 and 49 of Schedule 2 to the National Health Service Reform and Health |
| |
Care Professions Act 2002. |
| |
8 | In section 134 (patients’ correspondence), in subsection (3)(e)— |
| |
(a) | at the beginning insert “the National Health Service Commissioning |
| |
Board, a commissioning consortium,”, |
| 10 |
(b) | omit “Strategic Health Authority,”, |
| |
(c) | for “, Special Health Authority” substitute “or Special Health |
| |
| |
(d) | omit “or Primary Care Trust”. |
| |
9 | In section 139 (protection for acts done in pursuance of that Act), in |
| 15 |
| |
(a) | after “the Secretary of State or against” insert “the National Health |
| |
Service Commissioning Board, a commissioning consortium,”, |
| |
(b) | omit “Strategic Health Authority,”, |
| |
(c) | for “, Special Health Authority” substitute “or Special Health |
| 20 |
| |
(d) | omit “or Primary Care Trust”. |
| |
10 (1) | In section 145 (interpretation), in subsection (1)— |
| |
(a) | in the definition of “the managers”, in paragraph (a)— |
| |
(i) | omit “Primary Care Trust,”, and |
| 25 |
(ii) | omit “Strategic Health Authority,”, |
| |
(b) | in paragraph (bb) of that definition, omit “a Primary Care Trust or”, |
| |
(c) | omit the definition of “Primary Care Trust”, and |
| |
(d) | omit the definition of “Strategic Health Authority”. |
| |
(2) | In consequence of the repeals made by sub-paragraph (1), omit paragraph |
| 30 |
70)(e) and (g) of Schedule 1 to the National Health Service (Consequential |
| |
| |
Dentists Act 1984 (c. 24) |
| |
11 | In section 40 of the Dentists Act 1984 (definition of “business of dentistry”), |
| |
in subsection (2)(aa), after “section 100 of that Act” insert “or an agreement |
| 35 |
under section 107 of that Act”. |
| |
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) |
| |
12 | The Disabled Persons (Services, Consultation and Representation) Act 1986 |
| |
| |
13 | In section 7 (persons discharged from hospital), in subsection (9) in the |
| 40 |
definition of “health authority”, in paragraph (a) for “a Primary Care Trust” |
| |
substitute “a commissioning consortium”. |
| |
14 | In section 11 (reports to Parliament), omit subsection (1ZB). |
| |
|
| |
|
| |
|
Children Act 1989 (c. 41) |
| |
15 | The Children Act 1989 is amended as follows. |
| |
16 | In section 27 (co-operation between authorities), in subsection (3)— |
| |
(a) | after paragraph (c) insert— |
| |
“(ca) | the National Health Service Commissioning Board;”, |
| 5 |
| |
| |
(i) | after “any” insert “commissioning consortium,”, and |
| |
(ii) | omit “, Primary Care Trust”. |
| |
17 | In section 47 (local authority’s duty to investigate), in subsection (11)— |
| 10 |
(a) | after paragraph (c) insert— |
| |
“(ca) | the National Health Service Commissioning Board;”, |
| |
| |
| |
(i) | after “any” insert “commissioning consortium,”, and |
| 15 |
(ii) | omit “, Primary Care Trust”. |
| |
Health Service Commissioners Act 1993 (c. 46) |
| |
18 | In section 19 of the Health Service Commissioners Act 1993 (interpretation), |
| |
in the definition of “direct payment services”, omit “, or under regulations |
| |
| 20 |
Employment Rights Act 1996 (c. 18) |
| |
19 | The Employment Rights Act 1996 is amended as follows. |
| |
20 | In section 43K (extension of meaning of “worker” etc for Part IVA)— |
| |
(a) | in subsection (1)(ba) for “a Primary Care Trust” (in each place where |
| |
it occurs) substitute “the National Health Service Commissioning |
| 25 |
| |
(b) | in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the |
| |
National Health Service Commissioning Board”, |
| |
(c) | in subsection (2)(aa) for “the Primary Care Trust or” substitute “the |
| |
National Health Service Commissioning Board, or the”. |
| 30 |
21 | In section 50 (right to time off for public duties), in subsection (8)— |
| |
(a) | before paragraph (a) insert— |
| |
“(za) | the National Health Service Commissioning Board, |
| |
(zb) | a commissioning consortium,” and |
| |
| 35 |
(i) | omit “a Strategic Health Authority established under section |
| |
13 of the National Health Service Act 2006,”, and |
| |
(ii) | omit “or a Primary Care Trust established under section 18 of |
| |
the National Health Service Act 2006,”. |
| |
22 | In section 218 (change of employer), in subsection (10)— |
| 40 |
(a) | before paragraph (a) insert— |
| |
“(za) | the National Health Service Commissioning Board, |
| |
(zb) | a commissioning consortium,” |
| |
|
| |
|
| |
|
| |
(c) | in paragraph (b) for “that Act” substitute “the National Health |
| |
| |
(d) | omit paragraph (bb), and |
| |
(e) | in paragraph (c) for “that Act” substitute “the National Health |
| 5 |
| |
Education Act 1996 (c. 56) |
| |
23 | The Education Act 1996 is amended as follows. |
| |
24 (1) | Section 332 (duty of certain NHS bodies to notify parent) is amended as |
| |
| 10 |
| |
(a) | after “where” insert “a commissioning consortium,” and |
| |
(b) | omit “a Primary Care Trust,”. |
| |
(3) | In subsection (2) for “trust” (in each place where it occurs) substitute “other |
| |
| 15 |
(4) | In subsection (3) for “trust” substitute “other body”. |
| |
25 | In section 579 (general interpretation), in subsection (1) in the definition of |
| |
“school buildings” in paragraph (c) for the words from “for enabling” to |
| |
“functions” substitute “for the carrying out of functions”. |
| |
Crime and Disorder Act 1998 (c. 37) |
| 20 |
26 | The Crime and Disorder Act 1998 is amended as follows. |
| |
27 | In section 38 (local provision of youth justice services), in subsection (2)(b)— |
| |
(a) | after “local probation board” insert “, commissioning consortium |
| |
| |
(b) | omit “, Strategic Health Authority,”, and |
| 25 |
(c) | omit “or Primary Care Trust”. |
| |
28 | In section 39 (local provision of youth justice services), in subsection (3)(b)— |
| |
(a) | after “local probation board” insert “, commissioning consortium |
| |
| |
(b) | omit “, Strategic Health Authority,”, and |
| 30 |
(c) | omit “or Primary Care Trust”. |
| |
29 | In that section, in subsection (5)(d)— |
| |
(a) | after “nominated by” insert “a commissioning consortium or”, and |
| |
(b) | omit “a Primary Care Trust or”. |
| |
30 | In section 41 (the Youth Justice Board), in subsection (10)— |
| 35 |
(a) | after “provider of probation services,” insert “a commissioning |
| |
| |
(b) | for “, a Strategic Health Authority,” substitute “and”, and |
| |
(c) | omit “and a Primary Care Trust”. |
| |
31 | In section 42 (supplementary provisions), in subsection (3)— |
| 40 |
(a) | after “provider of probation services,” insert “a commissioning |
| |
| |
|
| |
|
| |
|
(b) | for “, a Strategic Health Authority,” substitute “or”, and |
| |
(c) | omit “or a Primary Care Trust”. |
| |
Freedom of Information Act 2000 (c. 36) |
| |
32 | In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (the National |
| |
Health Service), before paragraph 36A insert— |
| 5 |
“36ZA | The National Health Service Commissioning Board. |
| |
36ZB | A commissioning consortium established under section 14D of the |
| |
National Health Service Act 2006.” |
| |
International Development Act 2002 (c. 1) |
| |
33 | In Schedule 1 to the International Development Act 2002 (Statutory bodies |
| 10 |
to which section 9 applies)— |
| |
(a) | before the entry for a Health Board insert— |
| |
“The National Health Service Commissioning Board”, |
| |
(b) | omit the entry for a Primary Care Trust, and |
| |
(c) | omit the entry for a Strategic Health Authority. |
| 15 |
Scottish Public Services Ombudsman Act 2002 (asp 11) |
| |
34 (1) | The Scottish Public Services Ombudsman Act 2002 is amended as follows. |
| |
(2) | In section 7 (matters which may be investigated: restrictions), omit |
| |
| |
(3) | In Schedule 2 (persons liable to investigation), omit paragraph 90. |
| 20 |
Community Care (Delayed Discharges etc.) Act 2003 (c. 5) |
| |
35 | The Community Care (Delayed Discharges etc.) Act 2003 is amended as |
| |
| |
36 | In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in |
| |
subsection (1), in the definition of “NHS body” in paragraph (b) omit “a |
| 25 |
Primary Care Trust (in England) or”. |
| |
37 | In section 9 (dispute resolution)— |
| |
(a) | in subsection (1) omit “by Strategic Health Authorities in England |
| |
| |
(b) | at the end of that subsection insert “in relation to Wales”, |
| 30 |
(c) | in subsection (2) omit — |
| |
(i) | “Strategic Health Authority or”, and |
| |
| |
| |
(i) | for “the appropriate Minister” substitute “the Assembly”, |
| 35 |
(ii) | omit “a Strategic Health Authority or”, and |
| |
(iii) | omit “Authority or”, and |
| |
(e) | in subsection (4)(a) omit “Strategic Health Authority or”. |
| |
|
| |
|
| |
|
Licensing Act 2003 (c. 17) |
| |
38 | In section 16 of the Licensing Act 2003 (applicant for premises licence), in |
| |
subsection (3), in the definition of “health service body” omit paragraph (b). |
| |
Health and Social Care (Community Health and Standards) Act 2003 (c. 43) |
| |
39 | In section 45 of the Health and Social Care (Community Health and |
| 5 |
Standards) Act 2003 (quality in health care), in subsection (4), omit “, or |
| |
under regulations under section 12A(4),”. |
| |
Criminal Justice Act 2003 (c. 44) |
| |
40 | In section 325 of the Criminal Justice Act 2003 (arrangements for assessing |
| |
etc risks posed by certain offenders)— |
| 10 |
(a) | after subsection (6)(d) insert— |
| |
“(da) | every local authority (in its capacity as a person |
| |
exercising functions for the purposes of the health |
| |
service) any part of whose area falls within the |
| |
| 15 |
(b) | in subsection (6)(f) omit “or Strategic Health Authority”, |
| |
(c) | in subsection (6)(g)— |
| |
(i) | after “every” insert “commissioning consortium or”, and |
| |
(ii) | omit “Primary Care Trust or”. |
| |
Carers (Equal Opportunities) Act 2004 (c. 15) |
| 20 |
41 (1) | Section 3 of the Cares (Equal Opportunities) Act 2004 (co-operation between |
| |
authorities) is amended as follows. |
| |
(2) | In subsection (2)(b) after “by” (in the second place it occurs) insert “or in |
| |
pursuance of arrangements made by”. |
| |
(3) | In subsection (3) after “provide” insert “or arrange for the provision of”. |
| 25 |
| |
(a) | omit the “and” at the end of paragraph (c) and insert— |
| |
“(ca) | the National Health Service Commissioning Board, |
| |
| |
| 30 |
(i) | after “any” insert “commissioning consortium,”, and |
| |
(ii) | omit “Primary Care Trust”. |
| |
Domestic Violence, Crime and Victims Act 2004 (c. 28) |
| |
42 | In section 9 of the Domestic Violence, Crime and Victims Act 2004 |
| |
(establishment and conduct of domestic homicide reviews), in the list in |
| 35 |
| |
(a) | after the entry for local probation boards insert— |
| |
“the National Health Service Commissioning Board; |
| |
commissioning consortia established under section 14D |
| |
of the National Health Service Act 2006;”, |
| 40 |
(b) | omit the entry for Strategic Health Authorities, and |
| |
|
| |
|