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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).

 
 

 
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