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 5 — Part 1: amendments of other enactments
268

(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
(c)
omit paragraph (e).
10
45
In section 11 (arrangements to safeguard and promote welfare), in
subsection (1)—
(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
(d)
omit paragraph (e).
46
In section 13 (establishment of Local Safeguarding Children Boards), in
subsection (3)—
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
(c)
omit paragraph (e).
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
authority”,
(b)
in subsection (4), for “appropriate authority” substitute “responsible
authority”, and
(c)
after subsection (6) insert—
“(6A)
In subsections (1) and (4), “the responsible authority”
35
means—
(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
Welsh Ministers.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
269

(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
amended as follows.
      (2)
In paragraph 176 (meaning of “managing authority”), in sub-paragraph
(1)—
(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
local authority.”
(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
local authority”,
(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
council;
(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
authorities”.
      (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
authority.
      (4)
“Local authority” means—
(a)
the council of a county;
(b)
the council of a district for which there is no county
council;
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.”

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
270

      (5)
Before paragraph 183 insert the following heading—
“Supervisory bodies: determination of place of ordinary residence”.
      (6)
In that paragraph—
(a)
in sub-paragraph (1), for “paragraph” substitute “paragraphs 180,
181 and”, and
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;”,
and
(b)
in paragraph (a)—
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)
or”.
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
(c)
omit paragraph (f).
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
body”—
(a)
before paragraph (a) insert—
“(za)
the National Health Service Commissioning Board;”,
and
40

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
271

(b)
in paragraph (a)—
(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
Board,”,
10
(b)
in paragraph (a)—
(i)
after “such” insert “commissioning consortium”, and
(ii)
omit “Primary Care Trust”, and
(c)
omit paragraph (b).
60
In section 39 (bodies required to be notified of certain matters), in subsection
15
(1)—
(a)
before paragraph (a) insert—
“(za)
to the National Health Service Commissioning
Board,”,
(b)
in paragraph (a)—
20
(i)
after “such” insert “commissioning consortium”, and
(ii)
omit “Primary Care Trust”, and
(c)
omit paragraph (b).
61
In section 46 (reviews and investigations)—
(a)
omit subsection (1),
25
(b)
omit subsection (2), and
(c)
in subsections (4) and (6)(a), for “a body’s” substitute “a local
authority’s”.
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
(2)(b)—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
272

(a)
after “commissioned by” insert “—
(i)
the National Health Service Commissioning
Board,
(ii)
a commissioning consortium, or
(iii)
”, and
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
“section 46 or”.
68
In section 72 (provision of material to the Comptroller and Auditor
10
General)—
(a)
omit paragraph (a), and
(b)
in paragraph (b), for “such a body” substitute “an English NHS
body”.
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”—
(a)
omit paragraph (a),
(b)
omit paragraph (b), and
(c)
before paragraph (d) insert—
“(ca)
the National Health Service Commissioning
20
Board,
(cb)
a commissioning consortium,”.
      (3)
In that subsection in the definition of “English NHS provider” omit
paragraph (a).
      (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
provider or not), or
30
(b)
”, and
(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
consortium.”
      (6)
Omit subsection (3).
70
In section 153 (directions to certain NHS bodies) in subsection (1)—
40
(a)
omit paragraph (a), and
(b)
omit paragraph (b).

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
273

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)—
(a)
omit paragraph (c),
(b)
omit paragraph (d), and
5
(c)
before paragraph (e) insert—
“(da)
a commissioning consortium,”.
Autism Act 2009 (c. 15)
72
In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the
definition of “NHS body”—
10
(a)
omit paragraph (a),
(b)
omit paragraph (b), and
(c)
before paragraph (d) insert—
“(ca)
the National Health Service Commissioning
Board;
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),
in subsection (3)—
20
(a)
omit paragraph (l), and
(b)
omit paragraph (m).
Health Act 2009 (c. 21)
74
The Health Act 2009 is amended as follows.
75
In section 2 (duty to have regard to NHS constitution), in subsection (2)—
25
(a)
omit paragraph (a),
(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
(2)(a).
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
authorities”,
(b)
in subsection (2) for “Trust” (in each place where it occurs) substitute
“local authority”, and
(c)
in subsection (5) for “a Primary Care Trust” substitute “a local
authority”.
40

Health and Social Care Bill
Schedule 6 — Part 1: transitional provision
274

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
subsection (2)—
(a)
after paragraph (e) insert—
“(ea)
a commissioning consortium;”,
(b)
omit paragraph (f), and
20
(c)
omit paragraph (g).
Schedule 6
Section 45(3)

Part 1: transitional provision
Interpretation
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.