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 19 — Part 10: consequential amendments and savings
Part 2 — The Appointments Commission
338

Schedule 19
Sections 258, 259 and 260

Part 10: consequential amendments and savings
Part 1
The Alcohol Education and Research Council
Consequential amendments
5
1
Omit the entry for the Alcohol Education and Research Council in each of
the following—
(a)
Schedule 2 to the Parliamentary Commissioner Act 1967, and
(b)
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
2
Omit the entry in Part 3 of Schedule 1 to the House of Commons
10
Disqualification Act 1975 for the liquidator appointed under section 2 of the
Licensing (Alcohol Education and Research) Act 1981.
3
In consequence of the repeal made by section 258(2)—
(a)
in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the
preceding cross-heading), and
15
(b)
in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the
preceding cross-heading).
Savings
4     (1)
Anything which is in the process of being done by the Alcohol Education
and Research Council under an enactment immediately before abolition
20
may be continued by the Secretary of State.
      (2)
Anything which the Council is required to do under an enactment before
abolition may, in so far as it has not been done by the Council, be done by
the Secretary of State after abolition.
      (3)
The Secretary of State must prepare a report on the activities of the Council
25
during the period that begins with the 1 April before abolition and ends with
abolition.
      (4)
In this paragraph—
“abolition” means the commencement of section 258(1);
“enactment” includes an enactment contained in subordinate
30
legislation (within the meaning of the Interpretation Act 1978).
Part 2
The Appointments Commission
Consequential amendments
5     (1)
Omit the entry for the Appointments Commission in each of the following—
35
(a)
Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975,
(b)
Part 2 of Schedule 1 to the Northern Ireland Assembly
Disqualification Act 1975, and

Health and Social Care Bill
Schedule 19 — Part 10: consequential amendments and savings
Part 2 — The Appointments Commission
339

(c)
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
      (2)
In consequence of those repeals, in Schedule 8 to the Health Act 2006, omit
paragraphs 4, 5 and 45(3) (and the cross-heading preceding each of
paragraphs 4 and 5).
6
Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to
5
each of the following—
(a)
the Medical Act 1983,
(b)
the Dentists Act 1984,
(c)
the Opticians Act 1989,
(d)
the Osteopaths Act 1993, and
10
(e)
the Chiropractors Act 1994.
7
In consequence of the repeal made by section 259(2)—
(a)
in Schedule 1 to the National Health Service (Consequential
Provisions) Act 2006, omit paragraphs 284 to 286,
(b)
in Schedule 5 to the Health and Social Care Act 2008, omit
15
paragraphs 79 and 80 (and the preceding cross-heading),
(c)
in Schedule 10 to that Act, omit paragraphs 20 to 23 (and the
preceding cross-heading), and
(d)
in Schedule 3 to the Health Act 2009, omit paragraph 8 (and the
preceding cross-heading).
20
Savings
8     (1)
Anything which is in the process of being done by the Appointments
Commission under an enactment immediately before abolition may be
continued by the Secretary of State.
      (2)
If abolition is to occur at a time other than immediately after the end of a
25
financial year within the meaning of paragraph 22 of Schedule 4 to the
Health Act 2006 (accounts), the period that begins with the 1 April before
abolition and ends with abolition is to be treated as a financial year for the
purposes of that paragraph.
      (3)
Despite section 259(2), paragraph 22 of that Schedule is to continue to have
30
effect for the purpose of imposing the duties under sub-paragraphs (2),
(3)(b) and (4) of that paragraph; and for that purpose—
(a)
the duty under sub-paragraph (2) of that paragraph, in so far as it has
not been discharged by the Commission, must be discharged by the
Secretary of State, and
35
(b)
the duty under sub-paragraph (3)(b) of that paragraph must be
discharged by the Secretary of State.
      (4)
Subject to that, anything which the Commission is required to do under an
enactment before abolition may, in so far as it has not been done by the
Commission, be done by the Secretary of State after abolition.
40
      (5)
In this paragraph—
“abolition” means the commencement of section 259(1);
“enactment” includes an enactment contained in subordinate
legislation (within the meaning of the Interpretation Act 1978).

Health and Social Care Bill
Schedule 19 — Part 10: consequential amendments and savings
Part 3 — The National Information Governance Board for Health and Social Care
340

Part 3
The National Information Governance Board for Health and Social Care
Consequential amendments
9     (1)
Omit the entry for the National Information Governance Board for Health
and Social Care in each of the following—
5
(a)
Schedule 2 to the Parliamentary Commissioner Act 1967,
(b)
Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975, and
(c)
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
      (2)
In consequence of those repeals, in Schedule 14 to the Health and Social Care
10
Act 2008, omit paragraphs 2 to 4 (and the cross-heading preceding each of
those paragraphs).
10    (1)
In section 271 of the National Health Service Act 2006 (territorial limit of
exercise of functions), in subsection (3), omit paragraph (fa).
      (2)
In consequence of that repeal, in Schedule 14 to the Health and Social Care
15
Act 2008, omit paragraph 5 (and the preceding cross-heading).
11
In consequence of the repeal made by section 260(2), omit sections 157(1) and
158 of the Health and Social Care Act 2008.
Savings
12    (1)
Anything which is in the process of being done by the National Information
20
Governance Board for Health and Social Care under an enactment
immediately before abolition may be continued by the Secretary of State.
      (2)
Despite section 260(2), section 250D of the National Health Service Act 2006
(annual report) is to continue to have effect for the purpose of imposing the
duty under subsection (1)(a); and for that purpose—
25
(a)
if abolition is to occur at a time other than immediately after the end
of a reporting year within the meaning of that section, the period that
begins with the 1 April before abolition and ends with abolition is to
be treated as a reporting year for the purposes of that section, and
(b)
the duty under subsection (1)(a) of that section must be discharged
30
by the Secretary of State.
      (3)
Anything which the Board is required to do under an enactment before
abolition may, in so far as it has not been done by the Board, be done by the
Secretary of State after abolition.
      (4)
In this paragraph—
35
“abolition” means the commencement of section 260(1);
“enactment” includes an enactment contained in subordinate
legislation (within the meaning of the Interpretation Act 1978).

Health and Social Care Bill
Schedule 20 — Amendments relating to relationships between the health services
341

Schedule 20
Section 271

Amendments relating to relationships between the health services
National Health Service (Scotland) Act 1978 (c. 29)
1
The National Health Service (Scotland) Act 1978 is amended as follows.
2     (1)
Section 17A (NHS contracts) is amended as follows.
5
      (2)
In subsection (2)—
(a)
after paragraph (c) insert —
“(ca)
the Scottish Ministers;”
(b)
for paragraph (f) substitute—
“(f)
Local Health Boards established under section 11 of
10
the National Health Service (Wales) Act 2006;”,
(c)
for paragraph (ff) substitute—
“(fa)
Special Health Authorities established under section
28 of the National Health Service Act 2006;
(fb)
Special Health Authorities established under section
15
22 of the National Health Service (Wales) Act 2006;”,
(d)
omit paragraph (h),
(e)
before paragraph (k) insert—
“(ja)
the National Health Service Commissioning Board;
(jb)
commissioning consortia established under section
20
14D of the National Health Service Act 2006;”,
(f)
in paragraph (k), for “section 5 of the National Health Service and
Community Care Act 1990” substitute “section 18 of the National
Health Service (Wales) Act 2006”,
(g)
omit paragraph (ka),
25
(h)
after paragraph (m) insert—
“(ma)
the Welsh Ministers;”,
(i)
after paragraph (p) omit the “and,”,
(j)
after paragraph (q) insert—
“(r)
the National Institute for Health and Care Excellence;
30
and
(s)
the Health and Social Care Information Centre.”
      (3)
After subsection (10) insert—
“(11)
Subsection (12) applies where the Secretary of State or a body
mentioned in subsection (2)(fa), (ja), (jb), (r) or (s) is a party or
35
prospective party to an arrangement or proposed arrangement
which—
(a)
falls within subsection (1); and
(b)
also falls within the definition of NHS contract in section 9 of
the National Health Service Act 2006.
40
(12)
Subsections (4) to (9) shall apply in relation to that arrangement or
proposed arrangement (except in so far as it relates to reserved
matters within the meaning of the Scotland Act 1998) with the
substitution for references to the Secretary of State of references to
the Scottish Ministers and the Secretary of State acting jointly.
45

Health and Social Care Bill
Schedule 20 — Amendments relating to relationships between the health services
342

(13)
Subsection (14) applies where the Welsh Ministers are, or a body
mentioned in subsection (2)(f), (fb), or (k) is, a party or prospective
party to an arrangement or proposed arrangement which—
(a)
falls within subsection (1); and
(b)
also falls within the definition of NHS contract in section 7 of
5
the National Health Service (Wales) Act 2006.
(14)
Subsections (4) to (9) shall apply in relation to that arrangement or
proposed arrangement with the substitution for references to the
Secretary of State—
(a)
in so far as the arrangement or proposed arrangement relates
10
to reserved matters within the meaning of the Scotland Act
1998, references to the Secretary of State and the Welsh
Ministers acting jointly, and
(b)
for all other purposes, references to the Scottish Ministers and
Welsh Ministers acting jointly.”
15
3     (1)
Section 17C (personal medical or dental services) is amended as follows.
      (2)
In subsection (5)—
(a)
in paragraph (a), for the words from “the Board by” to the end
substitute “the Board by a Local Health Board”, and
(b)
in paragraph (b), for the words from “exercisable by” to “the
20
Authority” substitute “exercisable by a Local Health Board in
relation to an agreement made under section 50 of the National
Health Service (Wales) Act 2006 to be exercisable on behalf of the
Local Health Board”.
      (3)
In subsection (6), for the first definition substitute—
25
““Local Health Board” means a Local Health Board established
under section 11 of the National Health Service (Wales) Act
2006;”.
      (4)
In consequence of the amendments made by sub-paragraphs (2) and (3),
omit paragraph 12 of Schedule 3 to the National Health Service Reform and
30
Healthcare Professions Act 2002, and the cross-heading which precedes it.
4
In section 17D (persons with whom agreements under section 17C may be
made), in subsection (2), in paragraph (b) of the definition of “NHS
employee”—
(a)
in sub-paragraph (ii) omit “a Primary Care Trust or”,
35
(b)
in sub-paragraph (iii)—
(i)
after “NHS trust” insert “within the meaning of the National
Health Service Act (Wales) 2006”, and
(c)
omit the words from “and in this paragraph” to the end.
National Health Service Act 2006 (c. 41)
40
5
The National Health Service Act 2006 is amended as follows.
6
In section 9 (NHS contracts), in subsection (4) after paragraph (n) insert—
“(na)
the Scottish Ministers,
(nb)
Healthcare Improvement Scotland,”.
7
After section 10 (provision about NHS contracts entered into by a body in
45

Health and Social Care Bill
Schedule 20 — Amendments relating to relationships between the health services
343

Northern Ireland) insert—
“10A
Provision for bodies in Scotland
(1)
Subsection (2) applies where the Scottish Ministers are, or a body
mentioned in paragraph (f), (h), (l) or (nb) of section 9(4) is, a party
or prospective party to an arrangement or proposed arrangement
5
which—
(a)
falls within the definition of NHS contract in section 9(1), and
(b)
also falls within the definition of NHS contract in section 17A
of the National Health Service (Scotland) Act 1978.
(2)
Subsections (5) to (13) of section 9 apply in relation to the
10
arrangement or proposed arrangement with the substitution for
references to the Secretary of State of references to the Secretary of
State and the Scottish Ministers acting jointly.”
8     (1)
In section 66 (intervention orders), for subsection (1) substitute—
“(1)
This section applies to—
15
(a)
NHS trusts, and
(b)
Special Health Authorities.”
      (2)
Until the commencement of section 29 of this Act, subsection (1) of section
66 of the National Health Service Act 2006 has effect as if it included a
reference to Primary Care Trusts.
20
9
In section 67 (effect of intervention orders), in subsection (1)—
(a)
in paragraph (a) omit “or Local Health Board, or a member of the
board of directors of an NHS trust”, and
(b)
in paragraph (b)—
(i)
omit “or Local Health Board,” and
25
(ii)
in that paragraph omit “, or an executive director of an NHS
trust”.
10    (1)
In section 68 (default powers), for subsection (1) substitute—
“(1)
This section applies to—
(a)
NHS trusts established under section 25, and
30
(b)
Special Health Authorities.”
      (2)
Until the commencement of section 29 of this Act, subsection (1) of section
68 of the National Health Service Act 2006 has effect as if it included a
reference to Primary Care Trusts.
11
In section 78 (directed partnership arrangements), in subsection (3)—
35
(a)
omit paragraph (c) and the “and” which follows it, and
(b)
omit paragraph (d).
National Health Service (Wales) Act 2006 (c. 42)
12
The National Health Service (Wales) Act 2006 is amended as follows.
13
In section 7 (NHS contracts), in subsection (4)—
40
(a)
omit paragraph (a),
(b)
omit paragraph (b),

Health and Social Care Bill
Schedule 20 — Amendments relating to relationships between the health services
344

(c)
before paragraph (c) insert—
“(ba)
the National Health Service Commissioning Board,
(bb)
a commissioning consortium,”,
(d)
omit paragraph (j), and
(e)
after paragraph (n) insert—
5
“(na)
the Scottish Ministers,
(nb)
Healthcare Improvement Scotland,”.
14
After section 8 insert—
“8A
Provision for bodies in Scotland
(1)
Subsection (2) applies where the Scottish Ministers are, or a body
10
mentioned in paragraph (f), (h), (l) or (nb) of section 7(4) is, a party
or prospective party to an arrangement or proposed arrangement
which—
(a)
falls within the definition of NHS contract in section 7(1), and
(b)
also falls within the definition of NHS contract in section 17A
15
of the National Health Service (Scotland) Act 1978.
(2)
Subsections (5) to (13) of section 7 apply in relation to the
arrangement or proposed arrangement with the substitution for
references to the Welsh Ministers of references to the Welsh
Ministers and the Scottish Ministers acting jointly.”
20
15
In section 10 (Welsh Ministers’ arrangements with other bodies), in
subsection (4) omit paragraph (b).
16
In section 13 (exercise of Local Health Board functions), in subsection (3)—
(a)
omit paragraph (a), and
(b)
before paragraph (b) insert—
25
“(aa)
the National Health Service Commissioning Board,
(ab)
commissioning consortia,”.
17
In section 17 (plans for improving health etc), in subsection (6)—
(a)
in paragraph (g)—
(i)
after “between” insert “the National Health Service
30
Commissioning Board, commissioning consortia,”,
(ii)
omit “Strategic Health Authorities,”,
(iii)
omit “Primary Care Trusts,”, and
(iv)
for “section 24” substitute “section 13O (the Board’s business
plan) or 14Y (consortia’s commissioning plans)”, and
35
(b)
in paragraph (h)—
(i)
after “provision by” insert “the National Health Service
Commissioning Board, commissioning consortia,”,
(ii)
omit “Strategic Health Authorities,”,
(iii)
omit “Primary Care Trusts”, and
40
(iv)
for “section 24” substitute “section 13O (the Board’s business
plan) or 14Y (consortia’s commissioning plans)”.
18
In section 22 (special health authorities), omit subsection (6).