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 2 — Amendments of other Acts
308

Licensing Act 2003
78
In section 16(3) of the Licensing Act 2003 (bodies that may apply for
premises licence), in the definition of “health service body”, in paragraph (a),
omit “section 25 of the National Health Service Act 2006 or”.
Health and Social Care (Community Health and Standards) Act 2003
5
79
The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.
80
In section 148 (interpretation of Part 2)—
(a)
in the definition of “English NHS body” omit paragraph (c), and
(b)
in paragraph (b) of the definition of “Welsh NHS body”, omit “all or
10
most of whose hospitals, establishments and facilities are situated in
Wales”.
81
In section 160 (provision of information in personal injury cases), in
subsection (4), in the definition of “ambulance trust”, in paragraph (a)(i),
omit “section 25 of the 2006 Act,”.
15
82
In section 162 (payment of NHS charges to hospitals or ambulance trusts), in
subsection (6), in the definition of “relevant ambulance trust”—
(a)
before paragraph (a) insert—
“(za)
In relation to England, means the NHS foundation
trust which is designated by the Secretary of State for
20
the purposes of this section in relation to the health
service hospital to which the injured person was
taken for treatment,”,
(b)
in paragraph (a) omit “England or”, and
(c)
in sub-paragraph (i) of that paragraph omit “section 25 of the 2006
25
Act or”.
83
In section 165 (power to apply provisions about recovery of charges to non
NHS hospitals), in subsection (3)(b)(ii) omit “section 25 of the 2006 Act,”.
Finance Act 2004
84
In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the
30
definition of “NHS trust”, in paragraph (a) omit “section 25 of the National
Health Service Act 2006 or”.
Domestic Violence, Crime and Victims Act 2004
85
In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004
(duty to have regard to guidance on conduct of domestic homicide reviews),
35
in the entry for NHS trusts omit “section 25 of the National Health Service
Act 2006 or”.
Children Act 2004
86
The Children Act 2004 is amended as follows.
87
In section 11(1) (NHS trusts’ duty to promote the safety and welfare of
40
children), omit paragraph (f).

Health and Social Care Bill
Schedule 12 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
309

88
In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit
“an NHS trust and”.
Civil Contingencies Act 2004
89
In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1
responders to emergencies), in paragraph 5 omit “section 25 of the 2006 Act,
5
or”.
National Health Service (Wales) Act 2006
90
In section 206(1) of the National Health Service Act (Wales) 2006
(interpretation), omit the definition of “NHS trust”.
Corporate Manslaughter and Corporate Homicide Act 2007
10
91
In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act
2007 (duty of care in emergencies), in the definition of “relevant NHS body”,
in paragraph (a) omit “NHS trust,”.
Local Government and Public Involvement in Health Act 2007
92
The Local Government and Public Involvement in Health Act 2007 is
15
amended as follows.
93
In section 104(3) (public authorities), omit paragraph (a).
94
In section 222 (arrangements regarding local involvement networks)—
(a)
omit subsection (3)(b), and
(b)
omit subsection (4)(d).
20
95
In section 224(2) (duties of service-providers to local involvement networks),
omit paragraph (a).
96
In section 225(7) (duty to allow entry to local involvement networks), omit
paragraph (a).
Criminal Justice and Immigration Act 2008
25
97
In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence
of causing nuisance or disturbance on NHS premises), in the definition of
“relevant English NHS body”, omit paragraph (a).
Health and Social Care Act 2008
98
The Health and Social Care Act 2008 is amended as follows.
30
99
In section 30(3) (notification of urgent cancellation of registration as service
provider), in paragraph (b) omit “or National Health Service trust”.
100
In section 39(1) (bodies to be notified of certain matters), in paragraph (b)
omit “or National Health Service trust”.
101
In section 97(1) (general interpretation of Part 1)—
35
(a)
in the definition of “English NHS body” omit paragraph (c), and
(b)
in the definition of “English NHS provider” omit paragraph (b).

Health and Social Care Bill
Schedule 13 — Local Healthwatch Organisations
310

102
In section 153(1) (directing NHS bodies to exercise certain functions in
relation to financial assistance), omit paragraph (c).
Autism Act 2009
103
In section 4(1) of the Autism Act 2009 (interpretation), in the definition of
“NHS body”, omit paragraph (c).
5
Local Democracy, Economic Development and Construction Act 2009
104
The Local Democracy, Economic Development and Construction Act 2009 is
amended as follows.
105
In section 2(2) (duty to promote understanding of functions of certain public
bodies), in paragraph (f) for “a National Health Service trust or” substitute
10
“an”.
106
In section 123(3) (partner authorities), omit paragraph (a).
Health Act 2009
107
The Health Act 2009 is amended as follows.
108
In section 2(2) (bodies with duty to have regard to NHS Constitution) omit
15
paragraph (c).
109
In section 8(2) (bodies with duty to publish information on quality of
services) omit paragraph (b).
Corporation Tax Act 2010
110
In section 986 of the Corporation Tax Act 2010 (meaning of “health service
20
body”), in the table entry for a National health Service Trust, omit “section
25 of the National Health Service Act 2006 or”.
Equality Act 2010
111
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
25
whose functions relate to the health service, omit the entry for an NHS trust.
Schedule 13
Section 167

Local Healthwatch Organisations
“Schedule 16A
Section 220A

Local Healthwatch organisations
30
Status
1     (1)
A Local Healthwatch organisation (“LHW”) is a body corporate.

Health and Social Care Bill
Schedule 13 — Local Healthwatch Organisations
311

      (2)
An LHW is not to be regarded as a servant or agent of the Crown
or to be regarded as enjoying any status, immunity or privilege of
the Crown.
      (3)
The property of an LHW is not to be regarded as property of, or
property held on behalf of, the Crown.
5
Membership
2     (1)
The Secretary of State may by regulations make provision about
the membership of LHWs.
      (2)
The regulations may in particular make provision about—
(a)
the number of members;
10
(b)
conditions of eligibility for membership;
(c)
the appointment of members (including who has the
power of appointment);
(d)
the terms of appointment;
(e)
circumstances in which a person ceases to be a member or
15
may be suspended;
(f)
the payment of remuneration and other amounts to or in
respect of members.
Staff
3     (1)
An LHW may appoint persons as employees.
20
      (2)
An employee of an LHW is to be appointed on such terms and
conditions (including as to remuneration, pensions and
allowances) as the organisation may determine.
General powers
4     (1)
An LHW may do anything which appears to it to be necessary or
25
expedient for the purpose of, or in connection with, the exercise of
its functions.
      (2)
In particular, that includes—
(a)
entering into agreements,
(b)
acquiring and disposing of land and other property,
30
(c)
co-operating with other public authorities in England, and
(d)
providing training.
      (3)
An LHW must exercise its functions effectively, efficiently and
economically.
Committees
35
5     (1)
An LHW may appoint committees and sub-committees.
      (2)
A committee or sub-committee appointed by an LHW under sub-
paragraph (1) may consist of or include persons who are not
members of the LHW.

Health and Social Care Bill
Schedule 13 — Local Healthwatch Organisations
312

      (3)
An LHW may pay remuneration and allowances to persons who
are members of a committee or sub-committee of its but are not
members of the LHW.
Exercise of functions
6     (1)
An LHW may arrange for a member, employee, committee or sub-
5
committee of its to exercise functions of its on its behalf.
      (2)
An LHW may arrange for some other person to exercise functions
of its on its behalf.
      (3)
An LHW may arrange for persons to assist it in the exercise of
functions of its.
10
      (4)
Arrangements under sub-paragraph (2) or (3) may include
provision for the payment of remuneration or other amounts.
Accounts
7     (1)
An LHW must keep accounts in such form as the Secretary of State
may determine.
15
      (2)
An LHW must prepare annual accounts in respect of each
financial year in such form as the Secretary of State may
determine.
      (3)
An LHW must, within such period as the Secretary of State may
determine, send copies of its annual accounts to—
20
(a)
the Secretary of State, and
(b)
the Comptroller and Auditor General.
      (4)
The Comptroller and Auditor General—
(a)
must examine, certify and report on the annual accounts,
and
25
(b)
must lay copies of the accounts, and of the report on them,
before Parliament.
      (5)
In this paragraph, “financial year” means—
(a)
the period beginning with the day on which the LHW is
established and ending with the following 31 March, and
30
(b)
each successive period of 12 months ending with 31
March.”