Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 15 March 2011

297

Health and Social Care Bill, continued

In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).

In section 36M (guidance for dental care professionals), in subsection (8) omit

paragraph (a).’.

Mr Simon Burns

274

Schedule  5,  page  263,  line  36,  at end insert—

‘	In section 50D (rules: consultation), in subsection (4) omit paragraph (a).’.

Mr Simon Burns

275

Schedule  5,  page  263,  line  39,  at end insert—

‘	In section 2 (rights of authorised representatives of disabled persons)—

(a)	in subsection (5) in paragraph (a)—

(i)	after “hospital accommodation” (in the first place it occurs)

insert “provided pursuant to arrangements made by the

National Health Service Commissioning Board or a

commissioning consortium under the National Health Service

Act 2006 or”,

(ii)	for “the Secretary of State under section (3)(1)(a)” substitute

“the Secretary of State under section 2A or 2B”, and

(iii)

omit “by a Primary Care Trust established under that Act,”,

(b)	in subsection (7) in paragraph (a), after “provision of services” insert

“, or the arrangement for the provision of services,”, and

(c)	in subsection (9) in the definition of “health authority”, in paragraph

(a)—

(i)	after “means” insert “the National Health Service

Commissioning Board, a commissioning consortium or”,

(ii)	omit “a Strategic Health Authority,”, and

(iii)

omit “or a Primary Care Trust”.’.

Mr Simon Burns

276

Schedule  5,  page  263,  line  42,  at end insert ‘, and

( )	in the definition of “the managers”—

(i)	in paragraph (a)(i) for “, an NHS foundation trust or a Primary

Care Trust” substitute “or an NHS foundation trust”,

(ii)	in the words following paragraph (a)(iii) after “means the”

insert “Secretary of State where the Secretary of State is

responsible for the administration of the hospital, or means

the”,

(iii)

in those words omit “Strategic Health Authority,”, and

(iv)	omit paragraph (bb).’.

Mr Simon Burns

277

Schedule  5,  page  263,  line  43,  after ‘Parliament),’ insert ‘—

( )	in subsection (1ZA) omit “subsection (1ZB) extends to England and

Wales only and”, and’.

Public Bill Committee: 15 March 2011

298

Health and Social Care Bill, continued

Mr Simon Burns

278

Schedule  5,  page  263,  line  43,  at end insert—

‘	In section 16 (interpretation), in subsection (1)—

(a)	omit the definition of “Primary Care Trust”, and

(b)	omit the definition of “Strategic Health Authority”.’.

Mr Simon Burns

279

Schedule  5,  page  263,  line  43,  at end insert—

‘Dartford-Thurrock Crossing Act 1988 (c. 20)

In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from

tolls), in paragraph (b)—

(a)	omit “a Strategic Health Authority established under section 13 of the

National Health Service Act 2006,”,

(b)	for “that Act” substitute “the National Health Service Act 2006”, and

(c)	omit “a Primary Care Trust established under section 18 of the

National Health Service Act 2006,”.’.

Mr Simon Burns

280

Schedule  5,  page  263,  line  43,  at end insert—

‘Copyright, Designs and Patents Act 1988 (c. 48)

In section 48 of the Copyright, Designs and Patents Act 1988 (material

communicated to the Crown in the course of public business), in subsection

(6)—

(a)	after “the National Health Service and Community Care Act 1990,”

insert “the National Health Service Commissioning Board, a

commissioning consortium established under section 14D of the

National Health Service Act 2006,”, and

(b)	omit “a Primary Care Trust established under section 18 of the

National Health Service Act 2006,”.’.

Mr Simon Burns

281

Schedule  5,  page  263,  line  43,  at end insert—

‘Health and Medicines Act 1988 (c.49)

In section 7 of the Health and Medicines Act 1988 (extension of powers for

financing health service), in subsection (3)(i) omit the words from the second

“the” to “trust, or”.’.

Mr Simon Burns

282

Schedule  5,  page  263,  line  43,  at end insert—

Public Bill Committee: 15 March 2011

299

Health and Social Care Bill, continued

‘Road Traffic Act 1988 (c. 52)

In section 144 of the Road Traffic Act 1988 (exception to requirement for third

party insurance), in subsection (2)(da) omit “by a Primary Care Trust

established under section 18 of the National Health Service Act 2006”.’.

Mr Simon Burns

283

Schedule  5,  page  264,  line  2,  at end insert—

‘	In section 21 (provision of accommodation for children in police protection

etc), in subsection (3)—

(a)	for “Secretary of State,” substitute “Secretary of State or”,

(b)	omit “or a Primary Care Trust” (in each place where it occurs), and

(c)	after “arrangements made by” insert “the National Health Service

Commissioning Board or a commissioning consortium under the

National Health Service Act 2006 or”.

In section 24 (persons qualifying for advice and assistance), in subsection

(2)—

(a)	in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”,

and

(b)	in that paragraph, in sub-paragraph (ii) after “provided” insert

“pursuant to arrangements made by the National Health Service

Commissioning Board or a commissioning consortium under the

National Health Service Act 2006 or”.

In section 24C (information), in subsection (2)—

(a)	in paragraph (b) for “, Special Health Authority or Primary Care

Trust” substitute “or Special Health Authority”, and

(b)	in paragraph (c) after “provided” insert “pursuant to arrangements

made by the National Health Service Commissioning Board or a

commissioning consortium under the National Health Service Act

2006 or”.’.

Mr Simon Burns

284

Schedule  5,  page  264,  line  9,  at end insert—

‘	In section 29 (recoupment of cost of providing services), in subsection (8) in

paragraph (c)—

(a)	for “Secretary of State,” substitute “Secretary of State or”,

(b)	omit “or a Primary Care Trust” (in both places where it occurs),

(c)	after “arrangements made by” insert “the National Health Service

Commissioning Board or a commissioning consortium under the

National Health Service Act 2006 or by”, and

(d)	omit “a Strategic Health Authority,”.’.

Mr Simon Burns

285

Schedule  5,  page  264,  line  16,  at end insert—

‘	In section 80 (inspection of children’s homes)—

(a)	in subsection (1), in paragraph (d) —

(i)	omit “Primary Care Trust,”, and

(ii)	after “NHS foundation trust” insert “or pursuant to

arrangements made by the National Health Service

Public Bill Committee: 15 March 2011

300

Health and Social Care Bill, continued

Commissioning Board or a commissioning consortium under

the National Health Service Act 2006”,

(b)	in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and

(c)	after that paragraph insert—

“(ea)

person providing accommodation for a child pursuant

to arrangements made by the National Health Service

Commissioning Board or a commissioning

consortium under the National Health Service Act

2006;”.

In section 85 (children accommodated by health authorities)—

(a)	in subsection (1) omit “Primary Care Trust,”, and

(b)	after subsection (2) insert—

“(2A)

Where a child is provided with accommodation—

(a)	by a body which is not mentioned in subsection (1),

and

(b)	pursuant to arrangements made by the National

Health Service Commissioning Board or a

commissioning consortium under the National Health

Service Act 2006,

subsections (1) and (2) apply in relation to the Board or (as the

case may be) the consortium as if it were the accommodation

authority.”

In section 105 (interpretation), in subsection (1)—

(a)	before the definition of “community home” insert—

““commissioning consortium” means a commissioning consortium

established under section 14D of the National Health Service Act

2006;”,

(b)	omit the definition of “Primary Care Trust”, and

(c)	omit the definition of “Strategic Health Authority”.’.

Mr Simon Burns

286

Schedule  5,  page  264,  line  16,  at end insert—

‘National Health Service and Community Care Act 1990 (c. 19)

The National Health Service and Community Care Act 1990 is amended as

follows.

In section 47 (assessment of needs for community care services), in subsection

(3)—

(a)	before paragraph (a) insert—

“(za)

that there may be a need for the provision to that

person, pursuant to arrangements made under the

National Health Service Act 2006 by such

commissioning consortium as may be determined in

accordance with regulations, of any services,”,

(b)	in paragraph (a), omit “Primary Care Trust or”,

(c)	in that paragraph omit “the National Health Service Act 2006 or”,

(d)	in the text following paragraph (b), omit “Primary Care Trust,” (in

both places where it occurs), and

Public Bill Committee: 15 March 2011

301

Health and Social Care Bill, continued

(e)	in that text, before “Health Authority” (in both places it occurs) insert

“commissioning consortium,”.

In section 49 (transfer of staff to local authorities), in subsection (4)(b)—

(a)	omit “Strategic Health Authority,”, and

(b)	omit “Primary Care Trust,”.

In section 60 (removal of crown immunities), in subsection (7)—

(a)	in paragraph (a) omit the words from “a Strategic” to “2006 or”, and

(b)	in paragraph (aa) for “that Act” substitute “the National Health

Service Act 2006”.’.

Mr Simon Burns

287

Schedule  5,  page  264,  line  16,  at end insert—

‘Access to Health Records Act 1990 (c. 23)

The Access to Health Records Act 1990 is amended as follows.

In section 1, in subsection (2) (meaning of “holder” in relation to a health

record)—

(a)	in paragraph (a)—

(i)	for “a Primary Care Trust or” substitute “the National Health

Service Commissioning Board or a”, and

(ii)	omit “Trust or”, and

(b)	in paragraph (aa)—

(i)	for “a Primary Care Trust, Strategic Health Authority or”

substitute “the National Health Service Commissioning Board

or a”, and

(ii)	omit “Trust, Authority or”.

In section 11 (interpretation)—

(a)	in the definition of “health service body”, in paragraph (a)—

(i)	omit “Strategic Health Authority,”,

(ii)	for “, Local” substitute “or Local”, and

(iii)

omit “or Primary Care Trust”,

(b)	omit the definition of “Primary Care Trust”, and

(c)	omit the definition of “Strategic Health Authority”.’.

Mr Simon Burns

288

Schedule  5,  page  264,  line  16,  at end insert—

‘London Local Authorities Act 1991 (c. xiii)

In section 4 of the London Local Authorities Act 1991 (interpretation) in the

definition of “establishment for special treatment”, in paragraph (d) for “by a

Primary Care Trust established under section 18 of the National Health Service

Act 2006” substitute “by the National Health Service Commissioning Board or

a commissioning consortium pursuant to arrangements made under the

National Health Service Act 2006,”.’.

Mr Simon Burns

289

Schedule  5,  page  264,  line  16,  at end insert—

Public Bill Committee: 15 March 2011

302

Health and Social Care Bill, continued

‘Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

In section 279 of the Trade Union and Labour Relations (Consolidation) Act

1992 (health service practitioners)—

(a)	in subsection (1), in paragraph (a) for “a Primary Care Trust”

substitute “the National Health Service Commissioning Board”,

(b)	in subsection (2), in paragraph (a) for “a Primary Care Trust, Strategic

Health Authority or” substitute “the National Health Service

Commissioning Board or a”,

(c)	in paragraph (b) of that subsection, for “a Primary Care Trust or”

substitute “the National Health Service Commissioning Board or a”,

and

(d)	in that paragraph, for “entered into by him with a Primary Care Trust”

substitute “entered into by him with the National Health Service

Commissioning Board”.’.

Mr Simon Burns

290

Schedule  5,  page  264,  line  16,  at end insert—

‘Charities Act 1993 (c. 10)

In section 43A of the Charities Act 1993 (annual audit etc. of English NHS

charity accounts) in subsection (7), in the definition of “English National

Health Service charity”—

(a)	omit paragraph (a),

(b)	omit paragraph (b),

(c)	before paragraph (c) insert—

“(ba)

the National Health Service Commissioning Board;

(bb)	a commissioning consortium;”,

(d)	after that paragraph insert—

“(ca)

trustees for the National Health Service

Commissioning Board appointed in pursuance of

paragraph 11 of Schedule A1 to the National Health

Service Act 2006;

(cb)	trustees for a commissioning consortium appointed in

pursuance of paragraph 10 of Schedule 1A to the

National Health Service Act 2006;”, and

(e)	omit paragraph (e).’.

Mr Simon Burns

291

Schedule  5,  page  264,  line  20,  at end insert—

‘Health Authorities Act 1995 (c. 17)

In Schedule 2 to the Health Authorities Act 1995 (property, rights and

liabilities), in paragraph 2—

(a)	in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and

(b)	in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health

Authority,”.’.

Public Bill Committee: 15 March 2011

303

Health and Social Care Bill, continued

Mr Simon Burns

292

Schedule  5,  page  265,  line   6,  at end insert—

‘Housing Grants, Construction and Regeneration Act 1996 (c. 53)

In section 3 of the Housing Grants, Construction and Regeneration Act 1996,

in subsection (2)(f) (persons ineligible for grants)—

(a)	at the beginning insert “the National Health Service Commissioning

Board, a commissioning consortium,”,

(b)	omit “a Strategic Health Authority,”, and

(c)	omit “, Primary Care Trust”.’.

Mr Simon Burns

293

Schedule  5,  page  265,  line   8,  at end insert—

‘   (1)

Section 322 (duty of certain bodies to help local authorities) is amended as

follows.

(2)	In subsection (1)—

(a)	after “another local authority,” insert “the National Health Service

Commissioning Board, a commissioning consortium or”,

(b)	omit “or a Primary Care Trust”, and

(c)	for “the board, authority or trust” substitute “that body”.

(3)	In subsection (2), for “An authority, a board or a trust” substitute “A body”.

(4)	In subsection (3), in paragraph (a)—

(a)	after “request is made of” insert “the National Health Service

Commissioning Board, a commissioning consortium or”,

(b)	omit “or Primary Care Trust”, and

(c)	for “that board or trust” substitute “that body”.

(5)	In subsection (4)—

(a)	for “an authority, a board” substitute “a local authority, the National

Health Service Commissioning Board, a commissioning consortium

or a Local Health Board”, and

(b)	omit “or a trust”.’.

Mr Simon Burns

294

Schedule  5,  page  265,  line   19,  at end insert—

‘Audit Commission Act 1998 (c. 18)

In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not

subject to certain Commission studies)—

(a)	omit paragraph (a), and

(b)	omit paragraph (b).’.

Mr Simon Burns

295

Schedule  5,  page  265,  line   19,  at end insert—

© Parliamentary copyright	Revised 15 March 2011