|
| |
|
(c) | omit the entry for Primary Care Trusts. |
| |
Children Act 2004 (c. 31) |
| |
43 | The Children Act 2004 is amended as follows. |
| |
44 | In section 10 (co-operation to improve wellbeing), in subsection (4)— |
| |
(a) | after paragraph (d) insert— |
| 5 |
“(da) | the National Health Service Commissioning Board; |
| |
(b) | after paragraph (da) (as inserted by paragraph (a) above) insert— |
| |
“(db) | any commissioning consortium for an area any part |
| |
of which falls within the area of the authority;”, and |
| |
| 10 |
45 | In section 11 (arrangements to safeguard and promote welfare), in |
| |
| |
(a) | after paragraph (b) insert— |
| |
“(ba) | the National Health Service Commissioning Board;” |
| |
(b) | after paragraph (ba) (as inserted by paragraph (a) above) insert— |
| 15 |
“(bb) | a commissioning consortium;”, |
| |
(c) | omit paragraph (c), and |
| |
| |
46 | In section 13 (establishment of Local Safeguarding Children Boards), in |
| |
| 20 |
(a) | after paragraph (d) insert— |
| |
“(da) | the National Health Service Commissioning Board;”, |
| |
(b) | after paragraph (da) insert— |
| |
“(db) | any commissioning consortium for an area any part |
| |
of which falls within the area of the authority;”, and |
| 25 |
| |
Mental Capacity Act 2005 (c. 9) |
| |
47 | The Mental Capacity Act 2005 is amended as follows. |
| |
48 | In section 35 (appointment of independent mental capacity advocates)— |
| |
(a) | in subsection (1), for “appropriate authority” substitute “responsible |
| 30 |
| |
(b) | in subsection (4), for “appropriate authority” substitute “responsible |
| |
| |
(c) | after subsection (6) insert— |
| |
“(6A) | In subsections (1) and (4), “the responsible authority” |
| 35 |
| |
(a) | in relation to the provision of the services of |
| |
independent mental capacity advocates in the area of |
| |
a local authority in England, that local authority, and |
| |
(b) | in relation to the provision of the services of |
| 40 |
independent mental capacity advocates in Wales, the |
| |
| |
|
| |
|
| |
|
(6B) | In subsection (6A)(a), “local authority” has the meaning |
| |
given in section 64(1) except that it does not include the |
| |
council of a county or county borough in Wales.” |
| |
49 | In section 64 (interpretation), in subsection (1) in the definition of “local |
| |
authority”, after “except in” insert “section 35(6A)(a) and”. |
| 5 |
50 (1) | Schedule A1 (hospital and care home residents: deprivation of liberty) is |
| |
| |
(2) | In paragraph 176 (meaning of “managing authority”), in sub-paragraph |
| |
| |
(a) | in paragraph (a) omit “Primary Care Trust,”, |
| 10 |
(b) | in that paragraph omit “Strategic Health Authority,”, and |
| |
(c) | in paragraph (b) omit “Primary Care Trust,”. |
| |
(3) | In paragraph 180 (supervisory bodies: hospitals in England)— |
| |
(a) | for sub-paragraph (2) substitute— |
| |
“(2) | If the relevant person is ordinarily resident in the area of a |
| 15 |
local authority in England, the supervisory body are that |
| |
| |
(b) | in sub-paragraph (3), after “If” insert “the relevant person is not |
| |
ordinarily resident in England and”, |
| |
(c) | in sub-paragraph (4), for “the Primary Care Trust” substitute “the |
| 20 |
| |
(d) | after sub-paragraph (4) insert— |
| |
“(4A) | “Local authority” means— |
| |
(a) | the council of a county; |
| |
(b) | the council of a district for which there is no county |
| 25 |
| |
(c) | the council of a London borough; |
| |
(d) | the Common Council of the City of London; |
| |
(e) | the Council of the Isles of Scilly.”, and |
| |
(e) | in sub-paragraph (5), for “Primary Care Trusts” substitute “local |
| 30 |
| |
(4) | In paragraph 181 (supervisory bodies: hospitals in Wales), for sub- |
| |
paragraph (3) substitute— |
| |
“(3) | But if the relevant person is ordinarily resident in the area of a |
| |
local authority in England, the supervisory body are that local |
| 35 |
| |
(4) | “Local authority” means— |
| |
(a) | the council of a county; |
| |
(b) | the council of a district for which there is no county |
| |
| 40 |
(c) | the council of a London borough; |
| |
(d) | the Common Council of the City of London; |
| |
(e) | the Council of the Isles of Scilly.” |
| |
|
| |
|
| |
|
(5) | Before paragraph 183 insert the following heading— |
| |
“Supervisory bodies: determination of place of ordinary residence”. |
| |
| |
(a) | in sub-paragraph (1), for “paragraph” substitute “paragraphs 180, |
| |
| 5 |
(b) | in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to |
| |
any determination of where a person is ordinarily resident for the |
| |
purposes of paragraph 182”. |
| |
Childcare Act 2006 (c. 21) |
| |
51 | In section 4 of the Childcare Act 2006 (duty of local authority and relevant |
| 10 |
partners to work together), in subsection (1)— |
| |
(a) | before paragraph (a) insert— |
| |
“(za) | the National Health Service Commissioning Board;”, |
| |
| |
| 15 |
(i) | at the beginning insert “a commissioning consortium”, |
| |
(ii) | omit “a Strategic Health Authority”, and |
| |
(iii) | omit “or Primary Care Trust”. |
| |
Safeguarding Vulnerable Groups Act 2006 (c. 47) |
| |
52 | The Safeguarding Vulnerable Groups Act 2006 is amended as follows. |
| 20 |
53 | In section 6 (regulated activity providers), in subsection (8D), omit “12A(4) |
| |
| |
54 | In section 17 (NHS employment) in subsection (3)— |
| |
(a) | before paragraph (a) insert— |
| |
“(za) | the National Health Service Commissioning Board; |
| 25 |
(zb) | a commissioning consortium;”, |
| |
(b) | omit paragraph (b), and |
| |
| |
55 (1) | Section 21 (controlled activity relating to children) is amended as follows. |
| |
(2) | In subsection (5)(a), omit “, or regulations under section 12A(4),”. |
| 30 |
(3) | In subsection (8)(aa), omit “, or under regulations under section 12A(4),”. |
| |
56 | In section 59 (vulnerable adults), in subsection (1)(ia), omit “, or under |
| |
regulations under section 12A(4),”. |
| |
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) |
| |
57 | In section 6 of the Corporate Manslaughter and Corporate Homicide Act |
| 35 |
2007 (emergencies), in subsection (7) in the definition of “relevant NHS |
| |
| |
(a) | before paragraph (a) insert— |
| |
“(za) | the National Health Service Commissioning Board;”, |
| |
| 40 |
|
| |
|
| |
|
| |
(i) | at the beginning insert “a commissioning consortium,” |
| |
(ii) | omit “a Strategic Health Authority,”, and |
| |
(iii) | omit “Primary Care Trust,”. |
| |
Health and Social Care Act 2008 (c. 14) |
| 5 |
58 | The Health and Social Care Act 2008 is amended as follows. |
| |
59 | In section 30 (urgent procedure for cancellation), in subsection (3)— |
| |
(a) | before paragraph (a) insert— |
| |
“(za) | to the National Health Service Commissioning |
| |
| 10 |
| |
(i) | after “such” insert “commissioning consortium”, and |
| |
(ii) | omit “Primary Care Trust”, and |
| |
| |
60 | In section 39 (bodies required to be notified of certain matters), in subsection |
| 15 |
| |
(a) | before paragraph (a) insert— |
| |
“(za) | to the National Health Service Commissioning |
| |
| |
| 20 |
(i) | after “such” insert “commissioning consortium”, and |
| |
(ii) | omit “Primary Care Trust”, and |
| |
| |
61 | In section 46 (reviews and investigations)— |
| |
| 25 |
(b) | omit subsection (2), and |
| |
(c) | in subsections (4) and (6)(a), for “a body’s” substitute “a local |
| |
| |
62 | In section 48 (special reviews and investigations), in subsection (8) omit |
| |
paragraph (a) and the word “or” immediately following it. |
| 30 |
63 | In section 49 (power to extend periodic review function), in subsection (3)— |
| |
(a) | omit “a Primary Care Trust,”, and |
| |
(b) | omit “another English NHS provider or”. |
| |
64 | In section 54 (studies as to economy, efficiency etc)— |
| |
(a) | omit subsection (2)(b), and |
| 35 |
(b) | in subsection (5) after “reference to” insert “the National Health |
| |
Service Commissioning Board, a commissioning consortium or”. |
| |
65 | In section 59 (additional functions) at the end insert— |
| |
“(3) | The references in subsection (1) to English NHS bodies do not |
| |
include references to the National Health Service Commissioning |
| 40 |
Board or commissioning consortia.” |
| |
66 | In section 64 (power to require documents and information), in subsection |
| |
| |
|
| |
|
| |
|
(a) | after “commissioned by” insert “— |
| |
(i) | the National Health Service Commissioning |
| |
| |
(ii) | a commissioning consortium, or |
| |
| 5 |
(b) | omit “a Primary Care Trust”. |
| |
67 | In section 70 (co-operation between the Care Quality Commission and the |
| |
Independent Regulator of NHS foundation trusts, in subsection (3)(a) omit |
| |
| |
68 | In section 72 (provision of material to the Comptroller and Auditor |
| 10 |
| |
(a) | omit paragraph (a), and |
| |
(b) | in paragraph (b), for “such a body” substitute “an English NHS |
| |
| |
69 (1) | Section 97 (general interpretation of Part 1) is amended as follows. |
| 15 |
(2) | In subsection (1) in the definition of “English NHS body”— |
| |
| |
(b) | omit paragraph (b), and |
| |
(c) | before paragraph (d) insert— |
| |
“(ca) | the National Health Service Commissioning |
| 20 |
| |
(cb) | a commissioning consortium,”. |
| |
(3) | In that subsection in the definition of “English NHS provider” omit |
| |
| |
(4) | In that subsection in the definition of “NHS care”— |
| 25 |
(a) | after “health care” insert “— |
| |
(a) | commissioned by the National Health Service |
| |
Commissioning Board or by a commissioning |
| |
consortium (whether from an English NHS |
| |
| 30 |
| |
(b) | omit from “provided by” to the end. |
| |
(5) | After subsection (2) insert— |
| |
“(2A) | Any reference in this Part to health care commissioned by the |
| |
National Health Service Commissioning Board or by a |
| 35 |
commissioning consortium is a reference to health care provided by |
| |
other persons pursuant to arrangements made by the Board or a |
| |
| |
| |
70 | In section 153 (directions to certain NHS bodies) in subsection (1)— |
| 40 |
(a) | omit paragraph (a), and |
| |
| |
|
| |
|
| |
|
Education and Skills Act 2008 (c. 25) |
| |
71 | In section 16 of the Education and Skills Act 2008 (supply of information by |
| |
public bodies), in subsection (2)— |
| |
| |
(b) | omit paragraph (d), and |
| 5 |
(c) | before paragraph (e) insert— |
| |
“(da) | a commissioning consortium,”. |
| |
| |
72 | In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the |
| |
definition of “NHS body”— |
| 10 |
| |
(b) | omit paragraph (b), and |
| |
(c) | before paragraph (d) insert— |
| |
“(ca) | the National Health Service Commissioning |
| |
| 15 |
(cb) | a commissioning consortium;”. |
| |
Local Democracy, Economic Development and Construction Act 2009 (c. 20) |
| |
73 | In section 2 of the Local Democracy, Economic Development and |
| |
Construction Act 2009 (democratic arrangements of connected authorities), |
| |
| 20 |
(a) | omit paragraph (l), and |
| |
| |
| |
74 | The Health Act 2009 is amended as follows. |
| |
75 | In section 2 (duty to have regard to NHS constitution), in subsection (2)— |
| 25 |
| |
(b) | omit paragraph (b), and |
| |
(c) | before paragraph (d) insert— |
| |
“(ca) | the National Health Service Commissioning Board; |
| |
(cb) | commissioning consortia;”. |
| 30 |
76 | In section 8 (duty of providers to publish information), omit subsection |
| |
| |
Coroners and Justice Act 2009 (c. 25) |
| |
77 | In section 19 of the Coroners and Justice Act 2009 (medical examiners)— |
| |
(a) | in subsection (1) for “Primary Care Trusts” substitute “Local |
| 35 |
| |
(b) | in subsection (2) for “Trust” (in each place where it occurs) substitute |
| |
| |
(c) | in subsection (5) for “a Primary Care Trust” substitute “a local |
| |
| 40 |
|
| |
|
| |
|
78 | In section 20 of that Act (medical certificates of cause of death), in subsection |
| |
(5) for “Primary Care Trust” substitute “local authority”. |
| |
Equality Act 2010 (c. 15) |
| |
79 | In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public |
| |
sector equality duty), in the group of entries that includes entries for bodies |
| 5 |
whose functions relate to the health service— |
| |
(a) | at the beginning insert— |
| |
“The National Health Service Commissioning Board. |
| |
A commissioning consortium established under section 14D of the |
| |
National Health Service Act 2006.”, |
| 10 |
(b) | in the entry for an NHS trust, for “that Act” substitute “the National |
| |
Health Service Act 2006”, |
| |
(c) | omit the entry for a Primary Care Trust, and |
| |
(d) | omit the entry for a Strategic Health Authority. |
| |
Child Poverty Act 2010 (c. 9) |
| 15 |
80 | In section 20 of the Child Poverty Act 2010 (partner authorities), in |
| |
| |
(a) | after paragraph (e) insert— |
| |
“(ea) | a commissioning consortium;”, |
| |
(b) | omit paragraph (f), and |
| 20 |
| |
| |
| |
Part 1: transitional provision |
| |
| |
1 (1) | This paragraph applies for the purposes of this Schedule. |
| 25 |
(2) | “The initial period” means the period that— |
| |
(a) | begins with the commencement of section 21, and |
| |
(b) | ends with the day specified by the Secretary of State for the purposes |
| |
of section 14A of the 2006 Act (as inserted by section 21). |
| |
(3) | “An initial application” means an application under section 14B of that Act |
| 30 |
which is made during the initial period. |
| |
(4) | “The Board” means the National Health Service Commissioning Board. |
| |
(5) | “The 2006 Act” means the National Health Service Act 2006. |
| |
Exercise of Secretary of State’s functions in relation to Primary Care Trusts |
| |
2 (1) | The Secretary of State may, at any time during the initial period, direct the |
| 35 |
Board to exercise any functions of the Secretary of State that— |
| |
(a) | relate to Primary Care Trusts, and |
| |
(b) | are specified in the direction. |
| |
|
| |
|