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Health and Social Care Bill


Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments

261

 

      (3)  

In subsection (2)—

(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

Commissioning Board,

10

“commissioning consortium” means a commissioning

consortium established under section 14D of this Act,”.

      (3)  

After the definition of “modifications” insert—

““NHS body” means—

(a)   

the Board,

15

(b)   

a commissioning consortium,

(c)   

a Special Health Authority,

(d)   

an NHS trust,

(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.

Schedule 5

Section 45(2)

 

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

      (2)  

In subsection (1)—

(a)   

after “servants of” insert “the National Health Service

Commissioning Board or a commissioning consortium,”,

(b)   

omit “a Strategic Health Authority,”, and

 
 

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments

262

 

(c)   

omit “, Primary Care Trust”.

      (3)  

In subsection (2)—

(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”.

      (4)  

In subsection (5A)—

(a)   

omit “Strategic Health Authority” (in each place where it occurs),

and

(b)   

omit “, Primary Care Trust” (in each place where it occurs).

10

      (5)  

In subsection (5B)—

(a)   

omit paragraph (za), and

(b)   

omit paragraph (bb).

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

amended as follows.

      (2)  

In subsection (1)—

(a)   

omit “Primary Care Trust or” in each place it appears,

30

(b)   

in paragraph (a), after the first “the” insert “commissioning

consortium or”,

(c)   

in paragraph (b), at the beginning insert “the National Health Service

Commissioning Board or”,

(d)   

in that paragraph, after “or any other” insert “commissioning

35

consortium or”,

(e)   

after “such information as that” insert “commissioning consortium

or”,

(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”.

 
 

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments

263

 

      (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

Authority”, and

(d)   

omit “or Primary Care Trust”.

9          

In section 139 (protection for acts done in pursuance of that Act), in

15

subsection (4)—

(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

Authority”, and

(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

Provisions) Act 2006.

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

is amended as follows.

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).

 
 

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments

264

 

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

and

(b)   

in paragraph (d)—

(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;”,

and

(b)   

in paragraph (d)—

(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

under section 12A(4),”.

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

Board”,

(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

(b)   

in paragraph (b)—

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,”

 
 

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments

265

 

(b)   

omit paragraph (a),

(c)   

in paragraph (b) for “that Act” substitute “the National Health

Service Act 2006”,

(d)   

omit paragraph (bb), and

(e)   

in paragraph (c) for “that Act” substitute “the National Health

5

Service Act 2006”.

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

follows.

10

      (2)  

In subsection (1)—

(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

body”.

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

or”, and

(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

or”, and

(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

consortium,”, and

(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

consortium,”, and

 
 

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments

266

 

(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

subsection (6A).

      (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

follows.

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

and”,

(b)   

at the end of that subsection insert “in relation to Wales”,

30

(c)   

in subsection (2) omit —

(i)   

“Strategic Health Authority or”, and

(ii)   

“Authority or”,

(d)   

in subsection (3)—

(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”.

 
 

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments

267

 

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

relevant area,”,

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

      (4)  

In subsection (5)—

(a)   

omit the “and” at the end of paragraph (c) and insert—

“(ca)   

the National Health Service Commissioning Board,

and”, and

(b)   

in paragraph (d)—

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

subsection (4)(a)—

(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

 
 

 
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