Health and Social Care Bill

Session 2010 - 11
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Health and Social Care Bill

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 1 — The health service in England
262

      (8)
In determining the amount to be allotted to a consortium for the
purposes of section 223H, the Board must take into account the
effect of this Schedule.
      (9)
For the purposes of sections 223I, 223J and 223K(2) and paragraph
12 of Schedule 1A, any amount of which a consortium is notified
5
under sub-paragraph (6) is to be treated as expenditure of the
consortium which is attributable to the performance by it of its
functions in the year in question.
Other pharmaceutical remuneration
3     (1)
This paragraph applies in relation to pharmaceutical
10
remuneration paid in a financial year other than—
(a)
designated elements of such remuneration, and
(b)
remuneration of a prescribed description.
      (2)
The Board may require a person to reimburse the Board for any
pharmaceutical remuneration to which this paragraph applies if
15
the drugs or services to which the remuneration relates were—
(a)
ordered by that person, or
(b)
ordered in the course of the delivery of a service arranged
by that person.
      (3)
Any sum payable to the Board by virtue of sub-paragraph (2) may
20
be recovered summarily as a civil debt (but this does not affect any
other method of recovery).
Exercise of functions
4
The Board may, with the consent of the Secretary of State—
(a)
direct a Special Health Authority to exercise any functions
25
of the Board under this Schedule, or
(b)
arrange for any other person to exercise any of those
functions.”
Schedule 4
Section 49(1)

Amendments of the National Health Service Act 2006
30
Part 1
The health service in England
1     (1)
For section 2 substitute—
“2
General power
The Secretary of State, the Board or a commissioning consortium
35
may do anything which is calculated to facilitate, or is conducive or
incidental to, the discharge of any function conferred on that person
by this Act.”
      (2)
For the cross-heading preceding section 2 substitute “General power”.

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 1 — The health service in England
263

2     (1)
Section 6 (performance of functions outside England) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
Where the Secretary of State has a duty or power to provide anything
under section 2A or 2B or Schedule 1, that thing may be provided
outside England.”
5
      (3)
After subsection (1) insert—
“(1A)
Where a commissioning consortium or the Board has a duty or
power to arrange for the provision of anything under sections 3, 3A,
3B or 4 or Schedule 1, it may arrange for that thing to be provided
outside England.”
10
      (4)
In subsection (2) for “The Secretary of State’s functions” substitute “The
functions of the Secretary of State, the Board and commissioning consortia”.
3     (1)
Section 6A (reimbursement of cost of services provided in another EEA
state) is amended as follows.
      (2)
In subsection (3)(b) after “Secretary of State” insert “, the Board”.
15
      (3)
In subsection (7) after “Secretary of State” insert “, the Board”.
      (4)
In subsection (8) in each of paragraphs (a) and (b)—
(a)
after “Secretary of State” insert “, the Board”, and
(b)
for “either of them” substitute “any of them”.
      (5)
In subsection (9), after “Secretary of State” (in the second place it occurs)
20
insert “, the Board”.
      (6)
In subsection (11), in the definition of “responsible authority”—
(a)
omit “Strategic Health Authority or”,
(b)
omit “Primary Care Trust”,
(c)
before “responsible under” insert “a local authority or
25
commissioning consortium”, and
(d)
for “securing” substitute “arranging for”.
4     (1)
Section 6B (prior authorisation for the purposes of section 6A) is amended as
follows.
      (2)
In subsection (2)(b) after “Secretary of State” insert “, the Board”.
30
      (3)
In subsection (5), in each of paragraphs (b) and (c) after “the Secretary of
State” insert “, the Board”.
5     (1)
In section 8 (Secretary of State’s directions to health service bodies), in
subsection (2)—
(a)
omit paragraph (a), and
35
(b)
omit paragraph (b).
      (2)
In the heading to that section after “to” insert “certain”.
      (3)
Before section 8 insert the following cross-heading “Directions to certain
NHS bodies”.
6     (1)
Section 9 (NHS contracts) is amended as follows.
40
      (2)
In subsection (4)—

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 1 — The health service in England
264

(a)
before paragraph (a) insert—
“(za)
the Board,
(zb)
a commissioning consortium,”,
(b)
omit paragraph (a), and
(c)
omit paragraph (b).
5
7
In section 11 (arrangements to be treated as NHS contracts), in subsection
(1)—
(a)
after “under which” insert “the Board,”,
(b)
omit “a Strategic Health Authority,” and
(c)
omit “a Primary Care Trust”.
10
8     (1)
Section 12 (arrangements with other bodies) is amended as follows.
      (2)
In subsection (1) for “any service under this Act” substitute “anything which
the Secretary of State has a duty or power to provide, or arrange for the
provision of, under section 2A or 2B or Schedule 1”.
      (3)
For subsection (2) substitute—
15
“(2)
The bodies with whom arrangements may be made under subsection
(1) include—
(a)
the Board,
(b)
commissioning consortia,
(c)
any other public authorities, and
20
(d)
voluntary organisations.”
      (4)
For subsection (3) substitute—
“(3)
The Secretary of State may make available any facilities provided by
the Secretary of State under section 2A or 2B or Schedule 1 to any
service provider or to any eligible voluntary organisation.
25
(3A)
In subsection (3)—
“eligible voluntary organisation” means a voluntary
organisation eligible for assistance under section 64 or section
65 of the Health Services and Public Health Act 1968;
“service provider” means a person or body with whom the
30
Secretary of State has made an arrangement under subsection
(1).”
      (5)
In subsection (4) omit—
(a)
paragraph (b), and
(b)
paragraph (c).
35
      (6)
For the cross-heading preceding section 12 substitute “Arrangements with
other bodies”.
9
After section 12 insert—
“12ZA
Commissioning arrangements by the Board or consortia
(1)
This section applies in relation to arrangements made by the Board
40
or a commissioning consortium in the exercise of functions under
section 3, 3A, 3B or 4 or Schedule 1.

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 1 — The health service in England
265

(2)
The arrangements may be made with any person or body (including
public authorities and voluntary organisations).
(3)
If the Board or a commissioning consortium arranges for the
provision of facilities by a service provider, it may also make
arrangements for those facilities to be made available to another
5
service provider or to an eligible voluntary organisation.
(4)
The Board or a commissioning consortium may make available any
of its facilities to—
(a)
a service provider, or
(b)
an eligible voluntary organisation.
10
(5)
Where facilities are made available under subsection (4) any of the
following persons may make available the services of any employee
of that person who is employed in connection with the facilities—
(a)
the Secretary of State,
(b)
the Board,
15
(c)
a commissioning consortium,
(d)
a Special Health Authority, or
(e)
a Local Health Board.
(6)
Goods or materials may be made available under this section either
temporarily or permanently.
20
(7)
Any power to supply goods or materials under this section
includes—
(a)
a power to purchase or store them, and
(b)
a power to arrange with third parties for the supply of goods
or materials by those third parties.
25
(8)
Powers under this section may be exercised on such terms as may be
agreed, including terms as to the making of payments.
(9)
In this section—
“eligible voluntary organisation” means a voluntary
organisation eligible for assistance under section 64 or section
30
65 of the Health Services and Public Health Act 1968;
“service provider” means a person or body with whom the
Board or a commissioning consortium has made
arrangements in the exercise of the functions mentioned in
subsection (1).”
35
10    (1)
Section 12A (direct payments for health care) is amended as follows.
      (2)
In subsection (1) after “The Secretary of State” insert “, the Board or a
commissioning consortium”.
      (3)
In subsection (2)—
(a)
for paragraph (a) substitute—
40
“(a)
anything that the Secretary of State has a duty or
power to provide or arrange under section 2A or 2B or
Schedule 1;”

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 2 — NHS Bodies
266

(b)
after that paragraph insert—
“(aa)
anything that the Board or a commissioning
consortium may or must arrange for the provision of
under this Act or any other enactment.”, and
(c)
omit paragraphs (b) and (c).
5
      (4)
Omit subsection (4).
      (5)
In subsection (5), omit “or under regulations under subsection (4)”.
11    (1)
Section 12B (regulations about direct payments) is amended as follows.
      (2)
In subsection (2), in paragraphs (d), (g), (h) and (j), for “or the Primary Care
Trust” substitute “, the Board or a commissioning consortium”.
10
      (3)
In subsection (4) —
(a)
for “or the Primary Care Trust”, in the first place it occurs, substitute
“, the Board or a commissioning consortium”, and
(b)
for “or the Primary Care Trust”, in the second place it occurs,
substitute “the Board or the commissioning consortium (as the case
15
may be)”.
      (4)
In subsection (5)—
(a)
in paragraph (a), after “the Secretary of State” insert “or arranged for
by the Board or a commissioning consortium (as the case may be)”,
and
20
(b)
in paragraph (b) for “a Primary Care Trust with respect to the
provision of” substitute “the Board or a commissioning consortium
with respect to the arrangement for the provision of”.
12
In section 12C (direct payments pilot schemes), in subsection (9), for “the
powers conferred by section 12A(1) or by regulations under section 12A(4)”
25
substitute “the power conferred by section 12A(1)”.
13
In section 12D (arrangements with other bodies relating to direct
payments)—
(a)
in subsection (1) after “the Secretary of State” insert “, the Board or a
commissioning consortium”, and
30
(b)
in subsection (3) after “the Secretary of State” insert “, the Board or a
commissioning consortium”.
Part 2
NHS Bodies
14
In section 28 (special health authorities), omit subsection (6).
35
15
Omit Chapter 5B of Part 2 (trust special administrators: Primary Care
Trusts).
16
In section 67 (effect of intervention orders), in subsection (1)—
(a)
in paragraph (a)—
(i)
omit “Strategic Health Authority,” and
40
(ii)
omit “Primary Care Trust,” and
(b)
in paragraph (b)—
(i)
omit “Strategic Health Authority,” and

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 2 — NHS Bodies
267

(ii)
omit “Primary Care Trust,”.
17
In section 70 (transfer of residual liabilities)—
(a)
in subsection (1)—
(i)
omit “a Strategic Health Authority,”, and
(ii)
omit “a Primary Care Trust,”, and
5
(b)
in the heading, at the end insert “of certain health service bodies”.
18    (1)
Section 71 (schemes for meeting losses and liabilities in respect of certain
health service bodies) is amended as follows.
      (2)
In subsection (2)—
(a)
after “are—” insert—
10
“(za)
the Board,
(zb)
commissioning consortia,”,
(b)
omit paragraph (a),
(c)
omit paragraph (b), and
(d)
in paragraph (i) for “paragraphs (a) to (h)” (in each place where it
15
occurs) substitute “paragraphs (za) to (h)”.
      (3)
In subsection (2A), in paragraph (b) for “paragraphs (a) to (h)” substitute
“paragraphs (za) to (h)”.
      (4)
In subsection (3)(a)—
(a)
after “the Secretary of State” insert “or the Board”,
20
(b)
omit “Strategic Health Authority,”, and
(c)
omit “Primary Care Trust,”.
      (5)
In subsection (5), for “(a) to (d),” substitute “(c), (d),”.
      (6)
In subsection (6)—
(a)
after “the Secretary of State,” insert “the Board or”,
25
(b)
omit “Strategic Health Authority,” and
(c)
omit “Primary Care Trust,”.
19
In section 73 (directions and regulations), in subsection (1) omit paragraphs
(c) to (f).
20
Omit Schedule 2.
30
21
Omit Schedule 3.
22
In Schedule 4, in paragraph 15, omit sub-paragraphs (2) and (3).
23    (1)
Schedule 6 (special health authorities established under section 28) is
amended as follows.
      (2)
In paragraph 3(8)—
35
(a)
for “to a Strategic Health Authority” substitute “to the Board”, and
(b)
for “a Strategic Health Authority” substitute “the Board”.
      (3)
In paragraph 3(12)—
(a)
in paragraph (a) for “of a Strategic Health Authority” substitute “of
the Board”, and
40
(b)
in paragraph (b) omit “or by a Strategic Health Authority”.
      (4)
In paragraph 13 for “a Strategic Health Authority” substitute “the Board”.

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 3 — Local authorities
268

Part 3
Local authorities
24
In section 74 (supply of goods and services by local authorities), in
subsection (1)(a)—
(a)
at the beginning insert “the Board and”,
5
(b)
after “any” insert “commissioning consortium or,”,
(c)
omit “Strategic Health Authority,” and
(d)
omit “or Primary Care Trust”.
25
In section 76 (power of local authorities to make payments), in subsection
(1)—
10
(a)
after the first “to” insert “the Board, a commissioning consortium”,
(b)
omit “a Strategic Health Authority,” and
(c)
omit “a Primary Care Trust”.
26
In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit “a
Primary Care Trust or”.
15
27
In section 78 (directed partnership agreements), in subsection (3)—
(a)
omit paragraph (a), and
(b)
omit paragraph (b).
28    (1)
Section 80 (supply of goods and services by the Secretary of State) is
amended as follows.
20
      (2)
In subsection (1)—
(a)
after “The Secretary of State” insert “, the Board or a commissioning
consortium”, and
(b)
in paragraph (b) for “he” substitute “the Secretary of State”.
      (3)
In subsection (3)—
25
(a)
in paragraph (a) omit “or by a Primary Care Trust”, and
(b)
in paragraph (b)—
(i)
omit “a Strategic Health Authority,” and
(ii)
omit “a Primary Care Trust,”.
      (4)
After subsection (3) insert—
30
“(3A)
The Board or a commissioning consortium may make available to
persons falling within subsection (1)—
(a)
any facilities the provision of which is arranged by the Board
or (as the case may be) the consortium under this Act,
(b)
any facilities of the Board or (as the case may be) the
35
consortium, and
(c)
the services of persons employed by the Board or (as the case
may be) the consortium.”
      (5)
In subsection (4) after “carry out” insert “, and the Board or a commissioning
consortium may arrange for the carrying out of,”.
40
      (6)
In subsection (5), for “The Secretary of State” substitute “The Board”.
      (7)
In subsection (6)—
(a)
in paragraph (a), after “provided” insert “by the Secretary of State”,