|
|
| |
| |
|
| | (a) | in the first column (headed “capacity”), after “Officer of” insert “the |
|
| | National Health Service Commissioning Board, a commissioning |
|
| | |
| | (b) | in that column, omit “a Strategic Health Authority,”, |
|
| | (c) | in the second column (headed “paying authority”), after “The” insert |
|
| | “National Health Service Commissioning Board, commissioning |
|
| | |
| | (d) | in that column, omit “Strategic Health Authority,”.’. |
|
| |
| | |
| Schedule 5, page 261, line 32, at end insert— |
|
| | ‘Public Records Act 1958 (c. 51) |
|
| | | In Schedule 1 to the Public Records Act 1958 (bodies the records of which are |
|
| | public records), in paragraph 3(2) in the Table, in second column of the first |
|
| | entry relating to the Department of Health— |
|
| | (a) | after “Authorities including” insert “the National Health Service |
|
| | Commissioning Board, commissioning consortia,”, |
|
| | (b) | after “records of trust property passing to” insert “the National Health |
|
| | Service Commissioning Board, a commissioning consortium,”, |
|
| | (c) | after “section 161 of the National Health Service (Wales) Act 2006” |
|
| | (in the second place it occurs) insert “or under section 274 of the |
|
| | Health and Social Care Act 2011”, |
|
| | (d) | after “or held by” insert “the National Health Service Commissioning |
|
| | Board, a commissioning consortium or”, and |
|
| | (e) | after “that Act, or” (in the second place where it occurs) insert “by |
|
| | virtue of section 2 and section 13S of, or paragraph 15 of Schedule 1A |
|
| | to, that Act, or under”.’. |
|
| |
| |
| | |
| Schedule 5, page 261, line 32, at end insert— |
|
| | ‘Public Bodies (Admission to Meetings) Act 1960 (c. 67) |
|
| | | In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 |
|
| | (bodies to which the Act applies), in paragraph 1— |
|
| | |
| | (b) | before paragraph (g) insert— |
|
| | “(fa) | the National Health Service Commissioning |
|
| | Board, except as regards the exercise of functions |
|
| | under the National Health Service (Service |
|
| | Committees and Tribunal) Regulations 1992, or |
|
| | any regulations amending or replacing those |
|
| | |
| | (c) | omit paragraph (gg).’. |
|
| |
| | |
| Schedule 5, page 261, line 32, at end insert— |
|
|
|
| |
| |
|
| | ‘Parliamentary Commissioner Act 1967 (c. 13) |
|
| | | In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not |
|
| | subject to investigation), in paragraph 8— |
|
| | (a) | in sub-paragraph (1)— |
|
| | (i) | after “Secretary of State by” insert “a local authority, the |
|
| | National Health Service Commissioning Board, a |
|
| | commissioning consortium, |
|
| | (ii) | omit “a Strategic Health Authority,”, and |
|
| | (iii) | omit “, a Primary Care Trust”, and |
|
| | (b) | in sub-paragraph (2)— |
|
| | (i) | after “action taken by” insert “a local authority, the National |
|
| | Health Service Commissioning Board, a commissioning |
|
| | |
| | (ii) | omit “a Strategic Health Authority,”, and |
|
| | (iii) | omit “or Primary Care Trust”.’. |
|
| |
| | |
| Schedule 5, page 261, line 32, at end insert— |
|
| | ‘Abortion Act 1967 (c. 87) |
|
| | | In section 1 of the Abortion Act 1967 (location of treatment for termination of |
|
| | pregnancy), in subsection (3) omit “a Primary Care Trust or”.’. |
|
| |
| | |
| Schedule 5, page 261, line 32, at end insert— |
|
| | ‘Leasehold Reform Act 1967 (c. 88) |
|
| | | In section 28 of the Leasehold Reform Act 1967 (land required for public |
|
| | |
| | (a) | in subsection (5), in paragraph (d)— |
|
| | (i) | after “to” insert “the National Health Service Commissioning |
|
| | Board, any commissioning consortium,”, |
|
| | (ii) | omit “any Strategic Health Authority,”, and |
|
| | (iii) | omit “, any Primary Care Trust”, and |
|
| | (b) | in subsection (6), in paragraph (c)— |
|
| | (i) | after “in the case of” insert “the National Health Service |
|
| | Commissioning Board, a commissioning consortium,”, |
|
| | (ii) | omit “a Strategic Health Authority,”, and |
|
| | (iii) | omit “, Primary Care Trust”.’. |
|
| |
| | |
| Schedule 5, page 261, line 33, at end insert— |
|
| | ‘ | The Health Services and Public Health Act 1968 is amended as follows.’. |
|
|
|
| |
| |
|
| |
| | |
| Schedule 5, page 262, line 13, at end insert— |
|
| | ‘ | In section 64 (financial assistance to certain voluntary organisations), in |
|
| | |
| | (a) | after “City of London” insert “or a service for the provision of which |
|
| | the National Health Service Commissioning Board or a |
|
| | commissioning consortium has, by virtue of the National Health |
|
| | Service Act 2006, a duty or power to make arrangements”, |
|
| | (b) | for “a Primary Care Trust or local Health Board are” substitute “a local |
|
| | |
| | (c) | omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, |
|
| | |
| | (d) | omit “Primary Care Trust or”.’. |
|
| |
| | |
| Schedule 5, page 262, line 13, at end insert— |
|
| | ‘Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) |
|
| | | In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 |
|
| | (employers exempted from insurance), in subsection (2)(a)— |
|
| | (a) | after “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 |
|
| | |
| | (b) | omit “, a Primary Care Trust established under section 18 of the |
|
| | National Health Service Act 2006”.’. |
|
| |
| | |
| Schedule 5, page 262, line 13, at end insert— |
|
| | ‘Local Authority Social Services Act 1970 (c. 42) |
|
| | | In Schedule 1 to the Local Authority Social Services Act 1970 (social services |
|
| | functions) in the entry relating to the Children Act 1989, in the column headed |
|
| | |
| | (a) | after “accommodated” insert “pursuant to arrangements made by the |
|
| | National Health Service Commissioning Board or a commissioning |
|
| | consortium under the National Health Service Act 2006 or”, and |
|
| | (b) | omit “Primary Care Trusts,”.’. |
|
| |
| | |
| Schedule 5, page 262, line 13, at end insert— |
|
| | ‘Chronically Sick and Disabled Persons Act 1970 (c. 44) |
|
| | (1) | Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation |
|
| | of younger from older patients) is amended as follows. |
|
| | (2) | In subsection (1) for “The Secretary of State” substitute “The Welsh |
|
| | |
|
|
| |
| |
|
| | |
| | (a) | for “The Secretary of State” substitute “The Welsh Ministers”, |
|
| | (b) | for “each House of Parliament” substitute “the National Assembly for |
|
| | |
| | (c) | for “as he considers” substitute “as they consider”, and |
|
| | (d) | for “in him” substitute “in them”.’. |
|
| |
| | |
| Schedule 5, page 262, line 13, at end insert— |
|
| | ‘Local Government Act 1972 (c. 70) |
|
| | | In section 113 of the Local Government Act 1972 (placing of staff of local |
|
| | authorities at disposal of certain persons)— |
|
| | |
| | (i) | after “with” insert “the Secretary of State, the National Health |
|
| | Service Commissioning Board,”, |
|
| | (ii) | after “Local Health Board,” (in each place where it occurs) |
|
| | insert “commissioning consortium,”, |
|
| | (iii) | omit “Primary Care Trust,” (in each place where it occurs), |
|
| | (iv) | in paragraph (a), after “disposal of” insert “the Secretary of |
|
| | State, the National Health Service Commissioning Board,”, |
|
| | |
| | (v) | in paragraph (b), after “employed by” insert “the Secretary of |
|
| | State, the National Health Service Commissioning Board,”, |
|
| | |
| | |
| | (i) | after “above”, insert ““Secretary of State” means 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,”, |
|
| | (ii) | before ““NHS trust”” insert ““commissioning consortium” |
|
| | means a commissioning consortium established under section |
|
| | 14D of the National Health Service Act 2006, and”, and |
|
| | (iii) | omit the words from “and “Primary Care Trust”” to the end.’. |
|
| |
| | |
| Schedule 5, page 262, line 13, at end insert— |
|
| | ‘House of Commons Disqualification Act 1975 (c. 24) |
|
| | | In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 |
|
| | (offices disqualifying for membership of the House)— |
|
| | (a) | omit the entry relating to the chairman or any member of a Primary |
|
| | |
| | (b) | in the entry relating to the chairman or any member of any Strategic |
|
| | Health Authority or Special Health Authority, omit “Strategic Health |
|
| | |
| | (c) | at the appropriate place insert— |
|
| | | “Chairman or non-executive member of the National Health Service |
|
| | |
|
|
| |
| |
|
| |
| | |
| Schedule 5, page 262, line 13, at end insert— |
|
| | ‘Acquisition of Land Act 1981 (c. 67) |
|
| | | The Acquisition of Land Act 1981 is amended as follows. |
|
| | | In section 16 (land excluded from compulsory purchase), in subsection (3)— |
|
| | (a) | after paragraph (a) insert— |
|
| | “(aa) | the National Health Service Commissioning Board; |
|
| | (ab) | a commissioning consortium established under |
|
| | section 14D of the National Health Service Act |
|
| | |
| | |
| | | In section 17 (special parliamentary procedure applying to compulsory |
|
| | purchase orders concerning certain land), in subsection (4) in the definition of |
|
| | |
| | (a) | omit paragraph (ad), and |
|
| | (b) | before paragraph (b) insert— |
|
| | “(ae) | the National Health Service Commissioning Board, |
|
| | (af) | a commissioning consortium established under |
|
| | section 14D of the National Health Service Act |
|
| | |
| |
| | |
| Schedule 5, page 263, line 32, at end insert— |
|
| | ‘Public Health (Control of Disease) Act 1984 (c. 22) |
|
| | | In section 13 of the Public Health (Control of Disease) Act 1984 (regulations |
|
| | for control of certain diseases), in subsection (4)(a)— |
|
| | (a) | omit “Strategic Health Authorities,”, and |
|
| | (b) | omit “, Primary Care Trusts”.’. |
|
| |
| | |
| Schedule 5, page 263, line 33, at end insert— |
|
| | ‘ | The Dentists Act 1984 is amended as follows. |
|
| | | In section 26B (guidance for dentists), in subsection (8) omit paragraph (a). |
|
| | | In section 36M (guidance for dental care professionals), in subsection (8) omit |
|
| | |
| |
| | |
| Schedule 5, page 263, line 36, at end insert— |
|
| | ‘ | In section 50D (rules: consultation), in subsection (4) omit paragraph (a).’. |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (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”.’. |
|
| |
| | |
| 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 |
|
| | |
| | (iii) | in those words omit “Strategic Health Authority,”, and |
|
| | (iv) | omit paragraph (bb).’. |
|
| |
| | |
| Schedule 5, page 263, line 43, after ‘Parliament),’ insert ‘— |
|
| | ( ) | in subsection (1ZA) omit “subsection (1ZB) extends to England and |
|
| | |
| |
| | |
| 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”.’. |
|
| |
| | |
| 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,”.’. |
|
| |
| | |
| 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 |
|
| | |
| | (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,”.’. |
|
| |
| | |
| 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 |
|
| | |
| |
| | |
| Schedule 5, page 263, line 43, at end insert— |
|
| | ‘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”.’. |
|
| |
| | |
| Schedule 5, page 264, line 2, at end insert— |
|
| | ‘ | In section 21 (provision of accommodation for children in police protection |
|
| | |
| | (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 |
|
| | |
|