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 12 — Abolition of NHS trusts in England: consequential amendments
Part 1 — Amendments of the National Health Service Act 2006
301

Care Quality Commission), for subsection (2) substitute—
“(2)
The Secretary of State must consult Monitor before making provision
under subsection (1) in relation to persons who hold licences under
Chapter 4 of Part 3 of the Health and Social Care Act 2011.”
Health Act 2009 (c. 21)
5
18
In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS
Constitution), for paragraph (f) substitute—
“(f)
Monitor;”.
Schedule 12
Section 164

Abolition of NHS trusts in England: consequential amendments
10
Part 1
Amendments of the National Health Service Act 2006
1
The National Health Service Act 2006 is amended as follows.
2
In section 4(2) (definition of “high security psychiatric services”), omit “and
paragraph 15 of Schedule 4 (NHS trusts)”.
15
3
In section 8(2) (bodies to whom Secretary of State may give directions), omit
paragraph (c).
4
In section 13(9) (bodies to whom liabilities of Strategic Health Authorities
may be transferred on abolition), omit paragraph (c).
5
In section 40 (power of Secretary of State to give financial assistance to NHS
20
foundation trusts), for subsection (4) substitute—
“(4)
For the purposes of subsection (3), an agreement is an externally
financed development agreement if it is certified as such by the
Secretary of State.
(5)
The Secretary of State may give a certificate under subsection (4) if—
25
(a)
in the opinion of the Secretary of State, the purpose or main
purpose of the agreement is the provision of facilities or
services in connection with the discharge by the NHS
foundation trust of any of its functions, and
(b)
a person proposes to make a loan to, or provide any other
30
form of finance for, another party in connection with the
agreement.
(6)
In subsection (5)(b), “another party” means any party to the
agreement other than the NHS foundation trust.”
6
In section 42 (public dividend capital), after subsection (1) insert—
35
“(1A)
The reference in subsection (1) to an NHS trust is a reference to an
NHS trust which was established under section 25 of this Act before
its repeal by section 164 of the Health and Social Care Act 2011.”

Health and Social Care Bill
Schedule 12 — Abolition of NHS trusts in England: consequential amendments
Part 1 — Amendments of the National Health Service Act 2006
302

7
In section 51 (trust funds and trustees), omit subsection (4).
8
In section 56(1) (application for merger of NHS foundation trusts), in
paragraph (b), omit “or an NHS trust”.
9
In section 56A(1) (application for acquisition of NHS foundation trust or
NHS trust) (as inserted by section 154), in paragraph (b), omit “or an NHS
5
trust”.
10
In section 57 (mergers, acquisitions and separation of NHS foundation
trusts), omit subsection (5).
11
In section 65(1) (interpretation for provisions about NHS foundation trusts),
in the definition of “health service body”, omit “an NHS trust,”.
10
12
In section 65A(1) (application of trust special administration regime), omit
paragraph (a).
13
Section 65B (appointment of trust special administrator to exercise functions
of chairman and directors of NHS trust) ceases to have effect, except in so far
as it has effect by virtue of section 65E(6) (de-authorised NHS foundation
15
trusts).
14
In section 68 (default powers), in subsection (1), omit paragraph (a).
15
In section 70(1) (transfer of residual liabilities of certain NHS bodies), omit “,
an NHS trust”.
16
In section 71 (schemes for meeting losses etc. of certain health bodies)—
20
(a)
in subsection (2), omit paragraph (c), and
(b)
in subsections (3) and (6), omit “NHS trust”.
17
In section 77 (Care Trusts)—
(a)
in subsection (1)(a) omit “an NHS Trust or”, and
(b)
in subsections (10) and (12) for “NHS trust or” substitute “a”.
25
18
In section 183 (payments of travelling expenses)—
(a)
in paragraph (a), omit “, an NHS trust”,
(b)
in paragraph (b), omit “an NHS trust or”, and
(c)
in paragraph (c), omit “to an NHS trust and”.
19
In section 185(2) (charges for more expensive supplies), omit “, an NHS
30
trust”.
20
In section 186(2) (charges for repairs and replacements in certain cases), omit
“, an NHS trust”.
21
In section 196(3) (bodies to which provisions about protection from fraud
etc. relate), omit paragraph (d).
35
22
In section 217(1) (supplementary provisions about trusts), omit paragraph
(h).
23
In section 242 (public involvement and consultation)—
(a)
in subsection (1A), in the definition of “relevant English body”, omit
paragraph (c),
40
(b)
in subsection (4), omit paragraph (b), and
(c)
in subsection (5), omit “, and NHS trusts falling within paragraph (b)
of that subsection,”.

Health and Social Care Bill
Schedule 12 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
303

24
In section 272(3) (orders not to be made by statutory instrument), omit
paragraph (e).
25
In section 275 (interpretation), in subsection (1), in the definition of “NHS
trust”, for “includes” substitute “means”.
26
In section 276 (index of defined expressions), omit the entry for “NHS trust
5
order”.
27
In Schedule 15 (accounts and audit), in paragraph 1(1), omit paragraphs (d)
and (e).
28
In consequence of the repeal of section 56(6) by section 153(8) of this Act,
omit paragraph 84 of Schedule 5 to the Health and Social Care Act 2008.
10
Part 2
Amendments of other Acts
Voluntary Hospitals (Paying Patients) Act 1936
29
In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936
(definitions), in the definition of “NHS trust” omit “the National Health
15
Service Act 2006 or”.
Public Records Act 1958
30
In Schedule 1 to the Public Records Act 1958 (bodies the records of which are
public records), in paragraph 3(2), in the entry in the Table for the
Department of Health and Social Security, omit the first occurrence of “,
20
National Health Service trusts”.
Public Bodies (Admissions to Meetings) Act 1960
31
In the Schedule to the Public Bodies (Admissions to Meetings) Act 1958
(bodies to which the Act applies), in paragraph 1(l) omit “section 25 of the
National Health Service Act 2006 or”.
25
Abortion Act 1967
32
In section 1(3) of the Abortion Act 1967 (location of treatment for termination
of pregnancy) after “National Health Service trust” insert “established under
section 18 of the National Health Service (Wales) Act 2006 or the National
Health Service (Scotland) Act 1978”.
30
Employers’ Liability (Compulsory Insurance) Act 1969
33
In section 3(2)(a) of the Employers’ Liability (Compulsory Insurance) Act
1969 (NHS bodies exempted from insurance requirement), omit “section 25
of the National Health Service Act 2006,”.
Local Government Act 1972
35
34
In section 113(4) of the Local Government Act 1972 (placing of staff of local
authorities at disposal of NHS trusts), omit “section 25 of the National
Health Service Act 2006 or”.

Health and Social Care Bill
Schedule 12 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
304

House of Commons Disqualification Act 1975
35
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership of the House), in the entry for
National Health Service trusts omit “the National Health Service Act 2006
or”.
5
Acquisition of Land Act 1981
36
The Acquisition of Land Act 1981 is amended as follows.
37
In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase),
omit “section 25 of the National Health Service Act 2006 or”.
38
In section 17(4) (special parliamentary procedure applying to compulsory
10
purchase orders concerning NHS trusts’ land), in paragraph (aa) of the
definition of “statutory undertakers” omit “section 25 of the National Health
Service Act 2006 or”.
Mental Health Act 1983
39
In section 139(4)of the Mental Health Act 1983 (exemption from protection
15
for acts done in pursuance of the Act), omit “under the National Health
Service 2006 or”.
Disabled Persons (Services, Consultation and Representation) Act 1986
40
In section 2(5) of the Disabled Persons (Services, Consultation and
Representation) Act 1986 (rights of authorised representatives of disabled
20
persons), in paragraph (a) omit “that Act or”.
Copyright, Designs and Patents Act 1988
41
In section 48 of the Copyright, Designs and Patents Act 1988 (material
communicated to the Crown in the course of public business), in subsection
(6) omit “section 25 of the National Health Service Act 2006,”.
25
Health and Medicines Act 1988
42
In section 7(3) of the Health and Medicines Act 1988 (powers to give
directions in relation to financing of the NHS), in paragraph (i) omit “an
NHS trust or”.
Road Traffic Act 1988
30
43
In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances
to requirement for third party insurance), omit “section 25 of the National
Health Service Act 2006,”.
National Health Service and Community Care Act 1990
44
In section 61(3A) of the National Health Service and Community Care Act
35
1990 (health service bodies exempt from stamp duty), for the words from the
beginning to “or” substitute “A National Health Service trust established
under the National Health Service (Wales) Act 2006 or”.

Health and Social Care Bill
Schedule 12 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
305

Access to Health Records Act 1990
45
In section 11 of the Access to Health Records Act 1990 (interpretation), in the
definition of “health service body”, in paragraph (d), omit “, section 25 of the
National Health Service Act 2006”.
Water Industry Act 1991
5
46
In Schedule 4A to the Water Industry Act 1991 (premises not to be
disconnected for non-payment), in paragraph 16 omit “the National Health
Service Act 2006 or”.
London Local Authorities Act 1991
47
In section 4 of the London Local Authorities Act 1991 (interpretation), in the
10
definition of “establishment for special treatment”, in paragraph (d) omit
“section 25 of that Act or”.
Social Security Contributions and Benefits Act 1992
48
The Social Security Contributions and Benefits Act 1992 is amended as
follows.
15
49
In section 163(6) (interpretation of Part 11), omit “the National Health
Service Act 2006,”.
50
In section 171(3) (interpretation of Part 12), omit “the National Health
Service Act 2006,”.
51
In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National
20
Health Service Act 2006,”.
52
In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National
Health Service Act 2006,”.
Welsh Language Act 1993
53
In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in
25
subsection (1)(g) omit “the National Health Service Act 2006 or”.
Charities Act 1993
54    (1)
In section 43A(7) of the Charities Act 1993 (annual audit etc. of English NHS
charity accounts), in the definition of “English National Health Service
charity”, omit paragraphs (c), (d) and (da).
30
      (2)
In consequence of the repeal made by sub-paragraph (1), omit paragraph
161(a) of Schedule 1 to the National Health Service (Consequential
Provisions) Act 2006.
Health Service Commissioners Act 1993
55
In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject
35
to investigation by the Commissioner), omit paragraph (d).

Health and Social Care Bill
Schedule 12 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
306

Vehicle Excise and Registration Act 1994
56
In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle
exempt from vehicle excise duty), in paragraph 7(b) omit “the National
Health Service Act 2006,”.
Value Added Tax Act 1994
5
57
The Value Added Tax Act 1994 is amended as follows.
58
In section 41(7) (definition of “government department”), for “Part I of that
Act” substitute “section 18 of the National Health Service (Wales) Act 2006”.
59
In Part 2 of Schedule 8 (zero-rated supply of goods and services)—
(a)
in the Notes for group 12 (drugs, medicines, aids for the
10
handicapped), in paragraph (e) of Note (5H) omit “the National
Health Service Act 2006 or”, and
(b)
in the Notes for group 15 (charities, etc.), in paragraph (i) of Note 4
for “Part I of the National Health Service and Community Care Act
1990” substitute “section 18 of the National Health Service (Wales)
15
Act 2006”.
Employment Rights Act 1996
60
The Employment Rights Act 1996 is amended as follows.
61
In section 50(8)(a) (right of employees of NHS trusts to time off for public
duties), omit “section 25 of the National Health Service Act 2006,”.
20
62
In section 218(10)(c) (change of employer) omit “that Act or”.
Audit Commission Act 1998
63
Omit section 33(8)(c) of the Audit Commission Act 1998 (bodies not subject
to certain Commission studies).
Data Protection Act 1998
25
64
In section 69(3) of the Data Protection Act 1998 (meaning of “health
professional”), in paragraph (f) omit “section 25 of the National Health
Service Act 2006,”.
Greater London Authority Act 1999
65
Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS
30
trusts to be included among relevant bodies for purposes of Mayor of
London’s health inequalities strategy).
Care Standards Act 2000
66
The Care Standards Act 2000 is amended as follows.
67
In section 42(7) (power to extend application of Part 2), in paragraph (b) of
35
the definition of “Welsh NHS bodies” omit the words from “all or most” to
the end.

Health and Social Care Bill
Schedule 12 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
307

68
In Schedule 2A (persons subject to review by the Children’s Commissioner
for Wales), in paragraph 3 omit the words from “all or most” to the end.
69
In Schedule 2B (persons whose arrangements are subject to review by the
Children’s Commissioner for Wales), in paragraph 4 omit the words from
“all or most” to the end.
5
Local Government Act 2000
70
In section 21C of the Local Government Act 2000 (reports and
recommendations of overview and scrutiny committees: duties of certain
bodies), in subsection (6) omit paragraph (a).
Freedom of Information Act 2000
10
71
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales), in paragraph 40, omit “section 25 of the National
Health Service Act 2006 or”.
International Development Act 2002
72
In Schedule 1 to the International Development Act 2002 (statutory bodies
15
who may exercise certain powers for the purpose of assisting countries
outside the UK), in the entry for National Health Service trusts, omit “the
National Health Service Act 2006,”.
Nationality, Immigration and Asylum Act 2002
73
In section 133(4) of the Nationality, Immigration and Asylum Act 2002
20
(power of medical inspector to disclose information to NHS trusts), in
paragraphs (a)(ii) and (b)(ii) omit “section 25 of the National Health Service
Act 2006 or”.
Community Care (Delayed Discharges etc.) Act 2003
74
In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003
25
(meaning of “NHS body”), in the definition of “NHS body”, after “a National
Health Service trust” insert “(in Wales)”.
Finance Act 2003
75
The Finance Act 2003 is amended as follows.
76
In section 61(3) (bodies that are public authorities for purpose of
30
requirement to comply with planning obligations), under the heading
“Health: England and Wales”, in the entry for National Health Service trusts,
omit “section 25 of the National Health Service Act 2006 or”.
77
In section 66(4) (bodies that are public bodies for purpose of exemption for
transfers of land), under the heading “Health: England and Wales”, in the
35
entry for National Health Service trusts, omit “section 25 of the National
Health Service Act 2006 or”.