Health and Social Care Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 20 — Amendments relating to relationships between the health services
345

19
In section 26 (intervention orders), in subsection (1) after “other than” insert
“the National Health Service Commissioning Board, commissioning
consortia and”.
20
In section 27 (effect of intervention orders), in subsection (1)—
(a)
omit “Strategic Health Authority,” in each place it occurs, and
5
(b)
omit “Primary Care Trust,” in each place it occurs.
21
In section 28 (default powers), in subsection (1) after “other than” insert “the
National Health Service Commissioning Board, commissioning consortia
and”.
22
In section 34 (power of local authorities to make payments), in subsection
10
(1)—
(a)
after “payments to” insert “the National Health Service
Commissioning Board, a commissioning consortium”,
(b)
omit “a Strategic Health Authority,”, and
(c)
omit “a Primary Care Trust”.
15
23
In section 36 (directed partnership arrangements), in subsection (3)—
(a)
omit paragraph (a), and
(b)
omit paragraph (b).
24    (1)
Section 38 (supply of goods and services by the Welsh Ministers) is amended
as follows.
20
      (2)
In subsection (3)—
(a)
in paragraph (a) omit “or by a Primary Care Trust”, and
(b)
in paragraph (b) omit “, a Primary Care Trust”.
      (3)
In subsection (6) omit “, a Primary Care Trust” in each place it occurs.
      (4)
In subsection (7), in paragraph (d) omit “, Primary Care Trusts”.
25
25
In section 39 (conditions of supply under section 38), in subsection (3), omit
“Primary Care Trusts,”.
26
In section 41 (duty to provide primary medical services), in subsection (4)—
(a)
after “other Local Health Board” insert “and the National Health
Service Commissioning Board”, and
30
(b)
omit “and each Primary Care Trust”.
27    (1)
Section 51 (persons with whom agreements for provision of primary
medical services may be made) is amended as follows.
      (2)
In subsection (1)(g), omit “Primary Care Trust or”.
      (3)
In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit
35
“Primary Care Trust or”.
28
In section 56 (primary dental services), in subsection (4)—
(a)
after “other Local Health Board” insert “and the National Health
Service Commissioning Board”, and
(b)
omit “and each Primary Care Trust”.
40
29    (1)
Section 65 (persons with whom agreements for provision of primary dental
services may be made) is amended as follows.

Health and Social Care Bill
Schedule 20 — Amendments relating to relationships between the health services
346

      (2)
In subsection (1)(g), omit “Primary Care Trust or”.
      (3)
In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit
“Primary Care Trust or”.
30
In section 106 (provision about regulations under section 105), in subsection
(2)—
5
(a)
omit paragraph (e), and
(b)
after paragraph (e) insert—
“(f)
a list corresponding to a list mentioned in any of
paragraphs (a) to (d) prepared by the National Health
Service Commissioning Board under or by virtue of
10
the National Health Service Act 2006,”
31    (1)
Section 115 (national disqualification) is amended as follows.
      (2)
In subsection (1)—
(a)
omit paragraph (e),
(b)
after that paragraph insert—
15
“(f)
the lists corresponding to the lists mentioned in
paragraphs (a) to (d) prepared by the National Health
Service Commissioning Board under or by virtue of
the National Health Service Act 2006,”
(c)
after “such lists prepared by each Local Health Board” insert “and
20
the National Health Service Commissioning Board”, and
(d)
omit “and each Primary Care Trust”.
      (3)
In subsection (6)—
(a)
in paragraph (a)—
(i)
omit “or Primary Care Trust”, and
25
(ii)
before “may include” insert “or the National Health Service
Commissioning Board”, and
(b)
in paragraph (b)—
(i)
omit “and each Primary Care Trust”, and
(ii)
after “included” insert “, and the National Health Service
30
Commissioning Board,”.
32
In section 131 (payment of travelling expenses), in paragraph (c) omit “, and,
in such cases as may be prescribed, to a Primary Care Trust,”.
33
In section 144 (persons and bodies about which provision is made), in
subsection (2) for “section 22(6)” substitute “section 206(1)”.
35
34
In section 161 (transfers of trust property), in subsection (2)(c)—
(a)
after “for” insert “the National Health Service Commissioning Board
or a commissioning consortium,”, and
(b)
omit “a Primary Care Trust,”
35    (1)
Section 162 (transfer of functions and property to or from special trustees) is
40
amended as follows.
      (2)
In subsection (1)—
(a)
after the first “by” insert “the National Health Service
Commissioning Board, a commissioning consortium,”, and
(b)
omit “a Primary Care Trust,”.
45

Health and Social Care Bill
Schedule 20 — Amendments relating to relationships between the health services
347

      (3)
In subsection (3)(a)—
(a)
after “for” insert “the National Health Service Commissioning or a
commissioning consortium”, and
(b)
omit “a Primary Care Trust,”.
36
In section 181 (payment for medical examination before application for
5
admission to hospital under the Mental Health Act), in subsection (2)(b)—
(a)
omit “a Primary Care Trust,”, and
(b)
before “NHS trust” insert “an”.
37
In section 197 (university clinical teaching and research), in subsection
(2)(a)—
10
(a)
omit “a Strategic Health Authority,”, and
(b)
omit “Primary Care Trust,”.
38    (1)
In section 206 (interpretation), in subsection (1)—
(a)
before the definition of “dental practitioner” insert—
““commissioning consortium” means a body
15
established under section 14D of the National Health
Service Act 2006,”,
(b)
after the definition of “modifications” insert—
““NHS body” means—
(a)
a Special Health Authority,
20
(b)
an NHS trust,
(c)
an NHS foundation trust,
(d)
a Local Health Board,
(e)
the National Health Service Commissioning
Board, and
25
(f)
a commissioning consortium.”
(c)
omit the definition of “Primary Care Trust”, and
(d)
omit the definition of “Strategic Health Authority”.
      (2)
Until the commencement of section 29 of this Act, the definition of “NHS
body” in section 206(1) of the National Health Service (Wales) Act 2006 has
30
effect as if it included a reference to a Primary Care Trust.
39
In Schedule 2 (Local Health Boards), in paragraph 9—
(a)
omit “Strategic Health Authorities and”,
(b)
omit “under paragraph 7(8) of Schedule 2 to the National Health
Service Act 2006 (c. 41) and”, and
35
(c)
for “that Act” substitute “the National Health Service Act 2006”.
40    (1)
Schedule 3 (NHS trusts) is amended as follows.
      (2)
In paragraph 5(1)(f) omit “Primary Care Trust,”.
      (3)
In paragraph 6—
(a)
omit “Strategic Health Authority,” in each place it occurs, and
40
(b)
omit “, Primary Care Trust” in each place it occurs.
      (4)
In paragraph 7, in sub-paragraph (3) omit “Strategic Health Authority”.
      (5)
In paragraph 8 omit “, Primary Care Trust” in each place it occurs.
      (6)
In paragraph 9—

Health and Social Care Bill
Schedule 20 — Amendments relating to relationships between the health services
348

(a)
in sub-paragraph (1)—
(i)
omit “a Strategic Health Authority,”, and
(ii)
omit “a Primary Care Trust,”,
(b)
in sub-paragraph (3)—
(i)
omit “Strategic Health Authority,”, and
5
(ii)
omit “Primary Care Trust,”,
(c)
in sub-paragraph (6)—
(i)
omit “a Strategic Health Authority,”, and
(ii)
omit “a Primary Care Trust,”, and
(d)
in sub-paragraph (7)—
10
(i)
omit “Strategic Health Authority,” in each place it occurs,
(ii)
omit “or belong to a Primary Care Trust”, and
(iii)
omit “Primary Care Trust,”.
      (7)
In paragraph 18—
(a)
omit “Strategic Health Authority,”, and
15
(b)
omit “Primary Care Trust,”.
      (8)
In paragraph 30—
(a)
omit “Strategic Health Authority,”, and
(b)
omit “Primary Care Trust,”.
41    (1)
Schedule 5 (Special Health Authorities) is amended as follows.
20
      (2)
In paragraph 3—
(a)
in sub-paragraph (8)—
(i)
omit “or to a Strategic Health Authority”, and
(ii)
omit “, a Strategic Health Authority”, and
(b)
in sub-paragraph (12)—
25
(i)
in paragraph (a) omit “or of a Strategic Health Authority”,
and
(ii)
in paragraph (b) omit “or by a Strategic Health Authority”.
      (3)
In paragraph 13, for “a Strategic Health Authority” substitute “the National
Health Service Commissioning Board”.
30
42    (1)
Schedule 10 (further provision about Community Health Councils) is
amended as follows.
      (2)
In paragraph 2—
(a)
omit “, Strategic Health Authorities” in each place it occurs, and
(b)
omit “, Primary Care Trusts” in each place it occurs.
35
      (3)
In paragraph 3—
(a)
omit sub-paragraph (b), and
(b)
omit sub-paragraph (c).
Health and Personal Social Services (Northern Ireland) Order 1991
43    (1)
Article 8 of the Health and Personal Social Services (Northern Ireland) Order
40
1991 (health and social services contracts) is amended as follows.
      (2)
In paragraph (2)—

Health and Social Care Bill
Schedule 21 — Property transfer schemes
349

(a)
after sub-paragraph (h) insert—
“(ha)
Healthcare Improvement Scotland,”,
(b)
in sub-paragraph (g)—
(i)
omit paragraph (i),
(ii)
omit paragraph (ii), and
5
(iii)
omit paragraph (iii),
(c)
after that sub-paragraph insert—
“(ga)
the National Health Service Commissioning Board;
(gb)
commissioning consortia established under section
14D of the National Health Service Act 2006;
10
(gc)
Special Health Authorities established under section
28 of that Act;
(gd)
Special Health Authorities established under section
22 of the National Health Service (Wales) Act 2006;
(ge)
Local Health Boards established under section 11 of
15
that Act;
(gf)
NHS trusts established under section 18 of that Act;
(gg)
Healthcare Improvement Scotland established under
section 10A of the National Health Service (Scotland)
Act 1978;”,
20
(d)
after sub-paragraph (i) insert—
“(ia)
the National Institute for Health and Care Excellence;
(ib)
the Health and Social Care Information Centre;”
      (3)
In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub-
paragraphs (g) to (gg), (h), (ha), (ia), (ib) and (j) of paragraph (2)”.
25
Schedule 21
Section 274

Property transfer schemes

Transferor
Permitted transferees

A Primary Care Trust
The Secretary of State

The National Health Service

30

Commissioning Board

A commissioning consortium

A local authority

The Care Quality Commission

Monitor

35

A Special Health Authority

Health and Social Care Bill
Schedule 21 — Property transfer schemes
350

Transferor
Permitted transferees

Any public authority which provides

services as part of the health service in

England

Any other person who provides

5

services as part of the health service in

England and consents to the transfer

A qualifying company

Any person with whom the Secretary of

State has made, or has decided to make,

10

an agreement under section 12ZA(1) of

the Mental Health Act 1983

A Strategic Health Authority
The Secretary of State

The National Health Service

Commissioning Board

15

A commissioning consortium

A local authority

The Care Quality Commission

Monitor

A Special Health Authority

20

Any public authority which provides

services as part of the health service in

England

Any other person who provides

services as part of the health service in

25

England and consents to the transfer

A qualifying company

Any person with whom the Secretary of

State has made, or has decided to make,

an agreement under section 12ZA(1) of

30

the Mental Health Act 1983

The Special Health Authority known as
The National Institute for Health and

the National Institute for Health and
Care Excellence (established under

Clinical Excellence
section 216)

The Special Health Authority known as
The Health and Social Care Information

35

the Health and Social Care Information
Centre (established under section 236)

Centre

The Special Health Authority known as
The National Health Service

the National Health Service Institute for
Commissioning Board

Innovation and Improvement

40

Health and Social Care Bill
Schedule 22 — Staff transfer schemes
351

Transferor
Permitted transferees

The Special Health Authority known as
The National Health Service

the National Patient Safety Agency
Commissioning Board

The Health and Social Care Information

Centre (established under section 236)

5

The Appointments Commission
A Minister of the Crown

The General Social Care Council
The Secretary of State

The Health and Care Professions

Council

A person authorised by the Secretary of

10

State under subsection (5)(b) of section

67 of the Care Standards Act 2000 to

exercise functions of the Secretary of

State under that section

Any other person who carries on

15

activities in connection with social work

or social care work

The Health Protection Agency
The Secretary of State

The Secretary of State
The National Health Service

Commissioning Board

20


Schedule 22
Section 275

Staff transfer schemes

Transferor
Permitted transferees

Any Primary Care Trust
The Secretary of State

25

The National Health Service

Commissioning Board

A commissioning consortium

A local authority

The Care Quality Commission

30

A Special Health Authority

Any public authority which exercises

functions in relation to health and is

prescribed in regulations