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Part 10: consequential amendments and savings |
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The Alcohol Education and Research Council |
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1 | Omit the entry for the Alcohol Education and Research Council in each of |
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(a) | Schedule 2 to the Parliamentary Commissioner Act 1967, and |
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(b) | Part 6 of Schedule 1 to the Freedom of Information Act 2000. |
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2 | Omit the entry in Part 3 of Schedule 1 to the House of Commons |
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Disqualification Act 1975 for the liquidator appointed under section 2 of the |
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Licensing (Alcohol Education and Research) Act 1981. |
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3 | In consequence of the repeal made by section 258(2)— |
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(a) | in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the |
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preceding cross-heading), and |
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(b) | in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the |
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preceding cross-heading). |
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4 (1) | Anything which is in the process of being done by the Alcohol Education |
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and Research Council under an enactment immediately before abolition |
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may be continued by the Secretary of State. |
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(2) | Anything which the Council is required to do under an enactment before |
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abolition may, in so far as it has not been done by the Council, be done by |
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the Secretary of State after abolition. |
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(3) | The Secretary of State must prepare a report on the activities of the Council |
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during the period that begins with the 1 April before abolition and ends with |
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“abolition” means the commencement of section 258(1); |
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“enactment” includes an enactment contained in subordinate |
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legislation (within the meaning of the Interpretation Act 1978). |
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The Appointments Commission |
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5 (1) | Omit the entry for the Appointments Commission in each of the following— |
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(a) | Part 2 of Schedule 1 to the House of Commons Disqualification |
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(b) | Part 2 of Schedule 1 to the Northern Ireland Assembly |
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Disqualification Act 1975, and |
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(c) | Part 6 of Schedule 1 to the Freedom of Information Act 2000. |
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(2) | In consequence of those repeals, in Schedule 8 to the Health Act 2006, omit |
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paragraphs 4, 5 and 45(3) (and the cross-heading preceding each of |
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6 | Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to |
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(a) | the Medical Act 1983, |
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(b) | the Dentists Act 1984, |
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(c) | the Opticians Act 1989, |
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(d) | the Osteopaths Act 1993, and |
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(e) | the Chiropractors Act 1994. |
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7 | In consequence of the repeal made by section 259(2)— |
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(a) | in Schedule 1 to the National Health Service (Consequential |
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Provisions) Act 2006, omit paragraphs 284 to 286, |
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(b) | in Schedule 5 to the Health and Social Care Act 2008, omit |
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paragraphs 79 and 80 (and the preceding cross-heading), |
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(c) | in Schedule 10 to that Act, omit paragraphs 20 to 23 (and the |
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preceding cross-heading), and |
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(d) | in Schedule 3 to the Health Act 2009, omit paragraph 8 (and the |
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preceding cross-heading). |
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8 (1) | Anything which is in the process of being done by the Appointments |
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Commission under an enactment immediately before abolition may be |
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continued by the Secretary of State. |
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(2) | If abolition is to occur at a time other than immediately after the end of a |
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financial year within the meaning of paragraph 22 of Schedule 4 to the |
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Health Act 2006 (accounts), the period that begins with the 1 April before |
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abolition and ends with abolition is to be treated as a financial year for the |
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purposes of that paragraph. |
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(3) | Despite section 259(2), paragraph 22 of that Schedule is to continue to have |
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effect for the purpose of imposing the duties under sub-paragraphs (2), |
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(3)(b) and (4) of that paragraph; and for that purpose— |
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(a) | the duty under sub-paragraph (2) of that paragraph, in so far as it has |
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not been discharged by the Commission, must be discharged by the |
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(b) | the duty under sub-paragraph (3)(b) of that paragraph must be |
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discharged by the Secretary of State. |
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(4) | Subject to that, anything which the Commission is required to do under an |
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enactment before abolition may, in so far as it has not been done by the |
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Commission, be done by the Secretary of State after abolition. |
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“abolition” means the commencement of section 259(1); |
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“enactment” includes an enactment contained in subordinate |
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legislation (within the meaning of the Interpretation Act 1978). |
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The National Information Governance Board for Health and Social Care |
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9 (1) | Omit the entry for the National Information Governance Board for Health |
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and Social Care in each of the following— |
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(a) | Schedule 2 to the Parliamentary Commissioner Act 1967, |
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(b) | Part 2 of Schedule 1 to the House of Commons Disqualification |
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(c) | Part 6 of Schedule 1 to the Freedom of Information Act 2000. |
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(2) | In consequence of those repeals, in Schedule 14 to the Health and Social Care |
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Act 2008, omit paragraphs 2 to 4 (and the cross-heading preceding each of |
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10 (1) | In section 271 of the National Health Service Act 2006 (territorial limit of |
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exercise of functions), in subsection (3), omit paragraph (fa). |
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(2) | In consequence of that repeal, in Schedule 14 to the Health and Social Care |
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Act 2008, omit paragraph 5 (and the preceding cross-heading). |
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11 | In consequence of the repeal made by section 260(2), omit sections 157(1) and |
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158 of the Health and Social Care Act 2008. |
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12 (1) | Anything which is in the process of being done by the National Information |
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Governance Board for Health and Social Care under an enactment |
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immediately before abolition may be continued by the Secretary of State. |
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(2) | Despite section 260(2), section 250D of the National Health Service Act 2006 |
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(annual report) is to continue to have effect for the purpose of imposing the |
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duty under subsection (1)(a); and for that purpose— |
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(a) | if abolition is to occur at a time other than immediately after the end |
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of a reporting year within the meaning of that section, the period that |
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begins with the 1 April before abolition and ends with abolition is to |
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be treated as a reporting year for the purposes of that section, and |
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(b) | the duty under subsection (1)(a) of that section must be discharged |
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by the Secretary of State. |
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(3) | Anything which the Board is required to do under an enactment before |
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abolition may, in so far as it has not been done by the Board, be done by the |
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Secretary of State after abolition. |
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“abolition” means the commencement of section 260(1); |
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“enactment” includes an enactment contained in subordinate |
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legislation (within the meaning of the Interpretation Act 1978). |
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Amendments relating to relationships between the health services |
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National Health Service (Scotland) Act 1978 (c. 29) |
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1 | The National Health Service (Scotland) Act 1978 is amended as follows. |
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2 (1) | Section 17A (NHS contracts) is amended as follows. |
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(a) | after paragraph (c) insert — |
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“(ca) | the Scottish Ministers;” |
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(b) | for paragraph (f) substitute— |
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“(f) | Local Health Boards established under section 11 of |
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the National Health Service (Wales) Act 2006;”, |
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(c) | for paragraph (ff) substitute— |
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“(fa) | Special Health Authorities established under section |
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28 of the National Health Service Act 2006; |
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(fb) | Special Health Authorities established under section |
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22 of the National Health Service (Wales) Act 2006;”, |
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(e) | before paragraph (k) insert— |
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“(ja) | the National Health Service Commissioning Board; |
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(jb) | commissioning consortia established under section |
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14D of the National Health Service Act 2006;”, |
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(f) | in paragraph (k), for “section 5 of the National Health Service and |
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Community Care Act 1990” substitute “section 18 of the National |
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Health Service (Wales) Act 2006”, |
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(h) | after paragraph (m) insert— |
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“(ma) | the Welsh Ministers;”, |
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(i) | after paragraph (p) omit the “and,”, |
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(j) | after paragraph (q) insert— |
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“(r) | the National Institute for Health and Care Excellence; |
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(s) | the Health and Social Care Information Centre.” |
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(3) | After subsection (10) insert— |
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“(11) | Subsection (12) applies where the Secretary of State or a body |
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mentioned in subsection (2)(fa), (ja), (jb), (r) or (s) is a party or |
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prospective party to an arrangement or proposed arrangement |
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(a) | falls within subsection (1); and |
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(b) | also falls within the definition of NHS contract in section 9 of |
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the National Health Service Act 2006. |
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(12) | Subsections (4) to (9) shall apply in relation to that arrangement or |
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proposed arrangement (except in so far as it relates to reserved |
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matters within the meaning of the Scotland Act 1998) with the |
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substitution for references to the Secretary of State of references to |
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the Scottish Ministers and the Secretary of State acting jointly. |
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(13) | Subsection (14) applies where the Welsh Ministers are, or a body |
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mentioned in subsection (2)(f), (fb), or (k) is, a party or prospective |
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party to an arrangement or proposed arrangement which— |
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(a) | falls within subsection (1); and |
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(b) | also falls within the definition of NHS contract in section 7 of |
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the National Health Service (Wales) Act 2006. |
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(14) | Subsections (4) to (9) shall apply in relation to that arrangement or |
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proposed arrangement with the substitution for references to the |
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(a) | in so far as the arrangement or proposed arrangement relates |
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to reserved matters within the meaning of the Scotland Act |
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1998, references to the Secretary of State and the Welsh |
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Ministers acting jointly, and |
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(b) | for all other purposes, references to the Scottish Ministers and |
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Welsh Ministers acting jointly.” |
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3 (1) | Section 17C (personal medical or dental services) is amended as follows. |
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(a) | in paragraph (a), for the words from “the Board by” to the end |
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substitute “the Board by a Local Health Board”, and |
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(b) | in paragraph (b), for the words from “exercisable by” to “the |
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Authority” substitute “exercisable by a Local Health Board in |
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relation to an agreement made under section 50 of the National |
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Health Service (Wales) Act 2006 to be exercisable on behalf of the |
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(3) | In subsection (6), for the first definition substitute— |
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““Local Health Board” means a Local Health Board established |
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under section 11 of the National Health Service (Wales) Act |
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(4) | In consequence of the amendments made by sub-paragraphs (2) and (3), |
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omit paragraph 12 of Schedule 3 to the National Health Service Reform and |
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Healthcare Professions Act 2002, and the cross-heading which precedes it. |
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4 | In section 17D (persons with whom agreements under section 17C may be |
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made), in subsection (2), in paragraph (b) of the definition of “NHS |
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(a) | in sub-paragraph (ii) omit “a Primary Care Trust or”, |
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(b) | in sub-paragraph (iii)— |
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(i) | after “NHS trust” insert “within the meaning of the National |
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Health Service Act (Wales) 2006”, and |
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(c) | omit the words from “and in this paragraph” to the end. |
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National Health Service Act 2006 (c. 41) |
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5 | The National Health Service Act 2006 is amended as follows. |
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6 | In section 9 (NHS contracts), in subsection (4) after paragraph (n) insert— |
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“(na) | the Scottish Ministers, |
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(nb) | Healthcare Improvement Scotland,”. |
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7 | After section 10 (provision about NHS contracts entered into by a body in |
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Northern Ireland) insert— |
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“10A | Provision for bodies in Scotland |
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(1) | Subsection (2) applies where the Scottish Ministers are, or a body |
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mentioned in paragraph (f), (h), (l) or (nb) of section 9(4) is, a party |
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or prospective party to an arrangement or proposed arrangement |
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(a) | falls within the definition of NHS contract in section 9(1), and |
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(b) | also falls within the definition of NHS contract in section 17A |
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of the National Health Service (Scotland) Act 1978. |
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(2) | Subsections (5) to (13) of section 9 apply in relation to the |
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arrangement or proposed arrangement with the substitution for |
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references to the Secretary of State of references to the Secretary of |
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State and the Scottish Ministers acting jointly.” |
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8 (1) | In section 66 (intervention orders), for subsection (1) substitute— |
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“(1) | This section applies to— |
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(b) | Special Health Authorities.” |
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(2) | Until the commencement of section 29 of this Act, subsection (1) of section |
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66 of the National Health Service Act 2006 has effect as if it included a |
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reference to Primary Care Trusts. |
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9 | In section 67 (effect of intervention orders), in subsection (1)— |
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(a) | in paragraph (a) omit “or Local Health Board, or a member of the |
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board of directors of an NHS trust”, and |
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(i) | omit “or Local Health Board,” and |
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(ii) | in that paragraph omit “, or an executive director of an NHS |
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10 (1) | In section 68 (default powers), for subsection (1) substitute— |
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“(1) | This section applies to— |
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(a) | NHS trusts established under section 25, and |
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(b) | Special Health Authorities.” |
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(2) | Until the commencement of section 29 of this Act, subsection (1) of section |
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68 of the National Health Service Act 2006 has effect as if it included a |
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reference to Primary Care Trusts. |
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11 | In section 78 (directed partnership arrangements), in subsection (3)— |
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(a) | omit paragraph (c) and the “and” which follows it, and |
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National Health Service (Wales) Act 2006 (c. 42) |
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12 | The National Health Service (Wales) Act 2006 is amended as follows. |
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13 | In section 7 (NHS contracts), in subsection (4)— |
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(c) | before paragraph (c) insert— |
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“(ba) | the National Health Service Commissioning Board, |
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(bb) | a commissioning consortium,”, |
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(d) | omit paragraph (j), and |
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(e) | after paragraph (n) insert— |
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“(na) | the Scottish Ministers, |
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(nb) | Healthcare Improvement Scotland,”. |
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14 | After section 8 insert— |
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“8A | Provision for bodies in Scotland |
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(1) | Subsection (2) applies where the Scottish Ministers are, or a body |
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mentioned in paragraph (f), (h), (l) or (nb) of section 7(4) is, a party |
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or prospective party to an arrangement or proposed arrangement |
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(a) | falls within the definition of NHS contract in section 7(1), and |
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(b) | also falls within the definition of NHS contract in section 17A |
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of the National Health Service (Scotland) Act 1978. |
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(2) | Subsections (5) to (13) of section 7 apply in relation to the |
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arrangement or proposed arrangement with the substitution for |
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references to the Welsh Ministers of references to the Welsh |
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Ministers and the Scottish Ministers acting jointly.” |
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15 | In section 10 (Welsh Ministers’ arrangements with other bodies), in |
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subsection (4) omit paragraph (b). |
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16 | In section 13 (exercise of Local Health Board functions), in subsection (3)— |
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(a) | omit paragraph (a), and |
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(b) | before paragraph (b) insert— |
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“(aa) | the National Health Service Commissioning Board, |
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(ab) | commissioning consortia,”. |
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17 | In section 17 (plans for improving health etc), in subsection (6)— |
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(i) | after “between” insert “the National Health Service |
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Commissioning Board, commissioning consortia,”, |
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(ii) | omit “Strategic Health Authorities,”, |
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(iii) | omit “Primary Care Trusts,”, and |
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(iv) | for “section 24” substitute “section 13O (the Board’s business |
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plan) or 14Y (consortia’s commissioning plans)”, and |
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(i) | after “provision by” insert “the National Health Service |
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Commissioning Board, commissioning consortia,”, |
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(ii) | omit “Strategic Health Authorities,”, |
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(iii) | omit “Primary Care Trusts”, and |
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(iv) | for “section 24” substitute “section 13O (the Board’s business |
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plan) or 14Y (consortia’s commissioning plans)”. |
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18 | In section 22 (special health authorities), omit subsection (6). |
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