Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 17 March 2011

367

Health and Social Care Bill, continued

(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

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

Public Bill Committee: 17 March 2011

368

Health and Social Care Bill, continued

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

(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)—

Public Bill Committee: 17 March 2011

369

Health and Social Care Bill, continued

(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—

‘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—

Public Bill Committee: 17 March 2011

370

Health and Social Care Bill, continued

‘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,”.’.

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)—

Public Bill Committee: 17 March 2011

371

Health and Social Care Bill, continued

(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—

‘Data Protection Act 1998 (c. 29)

In section 69 of the Data Protection Act 1998 (meaning of “health

professional”)—

(a)	in subsection (1), in paragraph (k) for “such a body” substitute “a

health service body”,

(b)	in subsection (3), omit paragraph (a),

(c)	in that subsection, before paragraph (b) insert—

“(aa)

the Secretary of State in relation to the exercise of

functions under section 2A or 2B of, or paragraph 7C,

8 or 12 of Schedule 1 to, the National Health Service

Act 2006,

(ab)	a local authority in relation to the exercise of

functions under section 2B or 111 of, or any of

paragraphs 1 to 7B or 13 of Schedule 1 to, that Act,”,

and

(d)	in that subsection, omit paragraph (bb).’.

Mr Simon Burns

296

Schedule  5,  page  265,  line  21,  at end insert—

Public Bill Committee: 17 March 2011

372

Health and Social Care Bill, continued

‘	In section 5 (authorities responsible for crime and disorder strategies), in

subsection (1)(e) for “Primary Care Trust” substitute “commissioning

consortium”.’.

Mr Simon Burns

297

Schedule  5,  page  266,  line  2,  at end insert—

‘	In section 115, in subsection (2) (disclosure of information to relevant

authorities)—

(a)	omit paragraph (ea),

(b)	after paragraph (f) insert—

“(fa)

the National Health Service Commissioning Board;

(fb)	a commissioning consortium;”, and

(c)	omit paragraph (g).’.

Mr Simon Burns

298

Schedule  5,  page  266,  line  2,  at end insert—

‘Greater London Authority Act 1999 (c. 29)

In section 309E of the Greater London Authority Act 1999, in subsection (5)

(bodies to be included among relevant bodies for purposes of Mayor of

London’s health inequalities strategy)—

(a)	omit paragraph (f),

(b)	omit paragraph (g), and

(c)	before paragraph (h) insert—

“(ga)

the Secretary of State in relation to the exercise of

functions under section 2A or 2B of, or paragraph 7C,

8 or 12 of Schedule 1 to, the National Health Service

Act 2006,

(gb)	the National Health Service Commissioning Board,

(gc)	any commissioning consortium (established under

section 14D of the National Health Service Act 2006)

for an area wholly or partly in Greater London,”.’.

Mr Simon Burns

299

Schedule  5,  page  266,  line  2,  at end insert—

‘Health Act 1999 (c. 8)

The Health Act 1999 is amended as follows.

In section 61 (English and Scottish border provisions)—

(a)	in subsection (2)—

(i)	after “Secretary of State” insert “the National Health Service

Commissioning Board”,

(ii)	after “any” insert “commissioning consortium”,

(iii)

omit “Strategic Health Authority”, and

(iv)	omit “or Primary Care Trust”, and

(b)	in subsection (5)—

(i)	after “any” insert “commissioning consortium”, and

Public Bill Committee: 17 March 2011

373

Health and Social Care Bill, continued

(ii)	omit “Primary Care Trust”.

In Schedule 4 (amendments relating to Primary Care Trusts)—

(a)	omit paragraphs 1, 74, and 86, and the cross-heading preceding each

paragraph, and

(b)	omit paragraphs 3(c), 82 and 85(2).’.

Mr Simon Burns

300

Schedule  5,  page  266,  line  2,  at end insert—

‘Care Standards Act 2000 (c. 14)

In section 121 of the Care Standards Act 2000 (interpretation), in subsection

(1) in the definition of “National Health Service body”—

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

(b)	omit “, a Primary Care Trust”.’.

Mr Simon Burns

301

Schedule  5,  page  266,  line  2,  at end insert—

‘Government Resources and Accounts Act 2000 (c. 20)

(1)	Section 14 of the Government Resources and Accounts Act 2000 (summarised

accounts) is amended as follows.

(2)	In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health

Service Act 2006 or”.

(3)	Omit subsection (3).

(4)	In subsection (4) for “that subsection” substitute “subsection (1)”.’.

Mr Simon Burns

302

Schedule  5,  page  266,  line  2,  at end insert—

‘Local Government Act 2000 (c. 22)

In section 21C of the Local Government Act 2000 (reports and

recommendations of overview and scrutiny committees: duties of certain

bodies), in subsection (6)—

(a)	before paragraph (b) insert—

“(aa)

the National Health Service Commissioning Board,

(ab)	a commissioning consortium, or”.

(b)	omit paragraph (c) and the preceding “or”.’.

Mr Simon Burns

303

Schedule  5,  page  266,  line  4,  leave out paragraph 32 and insert—

‘	In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in

England and Wales)—

(a)	omit paragraph 36A,

(b)	before paragraph 38 insert—

“37A	The National Health Service Commissioning Board.

© Parliamentary copyright	Revised 17 March 2011