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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 3 — Local authorities

269

 

(b)   

in paragraph (b)—

(i)   

omit “a Strategic Health Authority,” and

(ii)   

omit “a Primary Care Trust,” and

(c)   

in paragraph (c)—

(i)   

omit “a Strategic Health Authority,” and

5

(ii)   

omit “a Primary Care Trust,”.

      (8)  

After subsection (6) insert—

“(6A)   

The Board and each commissioning consortium must make available

to local authorities—

(a)   

any services (other than the services of any person) or other

10

facilities the provision of which is arranged by the Board or

(as the case may be) the consortium under this Act,

(b)   

the services of persons employed by the Board or (as the case

may be) the consortium, and

(c)   

any facilities of the Board or (as the case may be) the

15

consortium,

   

so far as is reasonably necessary and practicable to enable local

authorities to discharge their functions relating to social services,

education and public health.”

      (9)  

In subsection (7)—

20

(a)   

for “The Secretary of State” substitute “The Board”,

(b)   

at the end of paragraph (c) insert “or”, and

(c)   

omit paragraph (e) and the word “or” immediately preceding it.

     (10)  

After that subsection insert—

“(8)   

The Secretary of State may arrange to make available to local

25

authorities the services of persons providing Special Health

Authorities or Local Health Boards with services of a kind provided

as part of the health service, so far as is reasonably necessary and

practicable to enable local authorities to discharge their functions

relating to social services, education and public health.

30

(9)   

The Board or a commissioning consortium may arrange to make

available to local authorities the services of persons providing

services pursuant to arrangements made under this Act by the Board

or (as the case may be) the consortium, so far as is reasonably

necessary and practicable to enable local authorities to discharge

35

their functions relating to social services, education and public

health.”

     (11)  

In the title to section 80, after “Secretary of State” insert “, the Board and

consortia”.

     (12)  

Until the commencement of section 29, subsection (8) of section 80 of the

40

National Health Service Act 2006 (as inserted by sub-paragraph (10)) has

effect as if after “Special Health Authorities” there were inserted “, Primary

Care Trusts”.

29    (1)  

Section 81 (conditions of supply under section 80) is amended as follows.

      (2)  

In subsection (1)—

45

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 4 — Medical services

270

 

(a)   

for the words from the beginning to “that section” substitute “Before

a person makes the services of any officer available under section

80(3)(b), (3A)(b), (6)(b) or (c) or (6A)(b), the person must”,

(b)   

in paragraph (a) for “the Secretary of State” substitute “the person”,

and

5

(c)   

in paragraph (b) at the beginning insert “where the person is the

Secretary of State and is not the officer’s employer,”.

      (3)  

In subsection (2)—

(a)   

for “The Secretary of State” substitute “The person concerned”, and

(b)   

for “he” substitute “it”.

10

      (4)  

In subsection (3)—

(a)   

omit “Strategic Health Authorities,”, and

(b)   

omit “Primary Care Trusts,”.

      (5)  

In subsection (4) for “the Secretary of State” substitute “the person who

makes the services available”.

15

      (6)  

In subsection (5) —

(a)   

for the words from the beginning to “section 80(6)” substitute “A

person who makes services or facilities available under section 80(6)

or (6A) may make such charges in respect of them”, and

(b)   

for “the Secretary of State” substitute “the person”.

20

Part 4

Medical services

30    (1)  

Section 83 (duty relating to primary medical services) is amended as follows.

      (2)  

For subsections (1) and (2) substitute—

“(1)   

The Board must, to the extent that it considers necessary to meet all

25

reasonable requirements, exercise its powers so as to secure the

provision of primary medical services throughout England.

(2)   

The Board may (in addition to any other power conferred on it) make

such arrangements for the provision of primary medical services as

it considers appropriate; and it may in particular make contractual

30

arrangements with any person.

(2A)   

Arrangements made for the purposes of subsection (1) or (2) may

include arrangements for the performance of a service outside

England.”

      (3)  

In subsection (3) of that section, for “Each Primary Care Trust” substitute

35

“The Board”.

      (4)  

Omit subsection (4).

      (5)  

For the cross-heading preceding that section substitute “Duty of the Board

in relation to primary medical services”.

31    (1)  

Section 84 (general medical services contracts: introductory) is amended as

40

follows.

      (2)  

In subsection (1), for “A Primary Care Trust” substitute “The Board”.

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 4 — Medical services

271

 

      (3)  

In subsections (3) and (5), for “the Primary Care Trust” substitute “the

Board”.

      (4)  

In subsection (4), for paragraph (b) substitute—

“(b)   

services to be performed outside England.”

32         

In section 86 (persons eligible to enter into general medical services

5

contracts), in subsection (1), for “A Primary Care Trust” substitute “The

Board”.

33         

In section 87 (general medical services contracts: payments), in subsection

(3)(d), for “a Primary Care Trust” substitute “the Board”.

34    (1)  

In section 89 (general medical services contracts: required terms), in

10

subsection (4)(a), for “a Primary Care Trust” substitute “the Board”.

      (2)  

The variations to contract terms that may be imposed by virtue of subsection

(2)(d) of that section include, in particular, variations in consequence of the

establishment of commissioning consortia.

35    (1)  

Section 91 (persons performing primary medical services) is amended as

15

follows.

      (2)  

In the following provisions, for “a Primary Care Trust” substitute “the

Board”—

(a)   

subsection (1), in each place it occurs,

(b)   

subsection (3)(j),

20

(c)   

subsection (4)(a), (b) and (d), and

(d)   

subsection (6)(a) and (b).

      (3)  

In subsection (2), for paragraph (b) substitute—

“(b)   

the Board is responsible for a medical service if it secures its

provision by or under any enactment.”

25

      (4)  

In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

36    (1)  

Section 92 (arrangements by Strategic Health Authorities for the provision

of primary medical services) is amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

The Board may make agreements, other than arrangements pursuant

30

to section 83(2) or general medical services contracts, under which

primary medical services are provided.”

      (3)  

Omit subsection (6).

      (4)  

Omit subsection (7).

      (5)  

For the title to that section substitute “Arrangements by the Board for the

35

provision of primary medical services”.

      (6)  

The provision which may be made by virtue of section 295(8)(a) of this Act

in an order under section 297 of this Act providing for the commencement

of this paragraph includes, in particular, provision enabling the National

Health Service Commissioning Board to direct Primary Care Trusts to

40

exercise its functions under section 92 pending the commencement of

section 29 of this Act.

37    (1)  

Section 93 (participants in section 92 arrangements) is amended as follows.

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 4 — Medical services

272

 

      (2)  

In subsection (1)—

(a)   

for “A Strategic Health Authority” substitute “The Board”, and

(b)   

omit paragraph (g).

      (3)  

In subsection (3), in the definition of “NHS employee”, in paragraph (b),

omit “Primary Care Trust or”.

5

      (4)  

In that subsection, in the definition of “qualifying body”, for “(e) or (g)”

substitute “or (e)”.

38    (1)  

Section 94 (regulations about section 92 arrangements) is amended as

follows.

      (2)  

In subsection (2), for “Strategic Health Authorities” substitute “the Board”.

10

      (3)  

In subsection (3), after paragraph (c) insert—

“(ca)   

make provision with respect to the performance outside

England of services to be provided in accordance with section

92 arrangements,”.

      (4)  

In subsection (6), for “a Primary Care Trust” substitute “the Board”.

15

      (5)  

The variations of arrangements which may be imposed by virtue of

subsection (3)(f) include, in particular, variations in consequence of the

establishment of commissioning consortia.

39         

Omit section 95 (transfer of liabilities relating to section 92 arrangements).

40    (1)  

Section 96 (assistance and support) is amended as follows.

20

      (2)  

In subsection (1)—

(a)   

for “A Primary Care Trust” substitute “The Board”, and

(b)   

before paragraph (a) insert—

“(za)   

primary medical services pursuant to section 83(2),”.

      (3)  

In subsection (2), for “a Primary Care Trust” substitute “the Board”, and for

25

“the Primary Care Trust” substitute “the Board”.

41    (1)  

Section 97 (Local Medical Committees) is amended as follows.

      (2)  

In subsection (1), for the words from the beginning to “other Primary Care

Trusts” substitute “The Board may recognise a committee formed for an

area”.

30

      (3)  

In subsection (3)—

(a)   

in paragraph (a), omit sub-paragraph (i), and

(b)   

in paragraph (b), for “the Primary Care Trust” substitute “the Board”.

      (4)  

In subsection (6), for “a Primary Care Trust” substitute “the Board”.

      (5)  

Omit subsection (7).

35

      (6)  

In subsection (10)—

(a)   

for “A Primary Care Trust” substitute “The Board”, and

(b)   

in paragraphs (a) and (b), for “the Primary Care Trust” substitute

“the Board”.

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 5 — Dental services

273

 

Part 5

Dental services

42    (1)  

Section 99 (duty relating to primary dental services) is amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

The Board must, to the extent that it considers necessary to meet all

5

reasonable requirements, exercise its powers so as to secure the

provision of primary dental services throughout England.

(1A)   

Arrangements made for the purposes of subsection (1) may include

arrangements for the performance of a service outside England.”

      (3)  

Omit subsection (2).

10

      (4)  

In subsection (3)—

(a)   

for “Each Primary Care Trust” substitute “The Board”, and

(b)   

for “for which it makes provision” substitute “for which provision is

made”.

      (5)  

Omit subsection (4).

15

      (6)  

For the cross-heading preceding that section substitute “Duty of the Board

in relation to primary dental services”.

43    (1)  

Section 100 (general dental services contracts: introductory) is amended as

follows.

      (2)  

In subsection (1), for “A Primary Care Trust” substitute “The Board”.

20

      (3)  

In subsections (3) and (4), for “the Primary Care Trust” substitute “the

Board”.

      (4)  

In subsection (3), in paragraph (a), after “dental services” insert “or services

which are to be performed outside England”.

44         

In section 102 (persons eligible to enter into general dental services

25

contracts), in subsection (1), for “A Primary Care Trust” substitute “The

Board”.

45         

In section 103 (general dental services contracts: payments), in subsection

(3)(d), for “a Primary Care Trust” substitute “the Board”.

46         

In section 104 (general dental services contracts: required terms), in

30

subsection (3) for “a Primary Care Trust” substitute “the Board”.

47    (1)  

Section 106 (persons performing primary dental services) is amended as

follows.

      (2)  

In the following provisions, for “a Primary Care Trust” substitute “the

Board”—

35

(a)   

subsection (1), in each place it occurs,

(b)   

subsection (3)(j),

(c)   

subsection (4)(a), (b) and (d), and

(d)   

subsection (6)(a) and (b).

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 5 — Dental services

274

 

      (3)  

In subsection (2), for paragraph (b) substitute—

“(b)   

the Board is responsible for a dental service if it secures its

provision by or under any enactment.”

      (4)  

In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

48    (1)  

Section 107 (arrangements by Strategic Health Authorities for the provision

5

of primary dental services) is amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

The Board may make agreements, other than general dental services

contracts, under which primary dental services are provided.”

      (3)  

Omit subsection (7).

10

      (4)  

For the title to that section substitute “Arrangements by the Board for the

provision of primary dental services”.

      (5)  

The provision which may be made by virtue of section 295(8)(a) of this Act

in an order under section 297 of this Act providing for the commencement

of this paragraph includes, in particular, provision enabling the National

15

Health Service Commissioning Board to direct Primary Care Trusts to

exercise its functions under section 107 pending the commencement of

section 29 of this Act.

49    (1)  

Section 108 (participants in section 107 arrangements) is amended as

follows.

20

      (2)  

In subsection (1)—

(a)   

for “A Strategic Health Authority” substitute “The Board”, and

(b)   

omit paragraph (g).

      (3)  

In subsection (3), in the definition of “NHS employee”, in paragraph (b),

omit “Primary Care Trust or”.

25

50    (1)  

Section 109 (regulations about section 107 arrangements) is amended as

follows.

      (2)  

In subsection (2), for “Strategic Health Authorities” substitute “the Board”.

      (3)  

In subsection (3), after paragraph (c) insert—

“(ca)   

make provision with respect to the performance outside

30

England of services to be provided in accordance with section

107 arrangements,”.

      (4)  

In subsection (6), for “a Primary Care Trust” substitute “the Board”.

51         

Omit section 110 (transfer of liabilities relating to section 107 arrangements).

52    (1)  

Section 112 (assistance and support) is amended as follows.

35

      (2)  

In subsection (1), for “A Primary Care Trust” substitute “The Board”.

      (3)  

In subsection (2)—

(a)   

for “a Primary Care Trust” substitute “the Board”, and

(b)   

for “the Primary Care Trust” substitute “the Board”.

53    (1)  

Section 113 (Local Dental Committees) is amended as follows.

40

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 6 — Ophthalmic services

275

 

      (2)  

In subsection (1), for the words from the beginning to “other Primary Care

Trusts” substitute “The Board may recognise a committee formed for an

area”.

      (3)  

In subsection (3)(b), for “the Primary Care Trust” substitute “the Board”.

      (4)  

In subsection (6), for “a Primary Care Trust” substitute “the Board”.

5

      (5)  

Omit subsection (7).

      (6)  

In subsection (10)—

(a)   

for “A Primary Care Trust” substitute “The Board”, and

(b)   

in paragraphs (a) and (b), for “the Primary Care Trust” substitute

“the Board”.

10

Part 6

Ophthalmic services

54    (1)  

Section 115 (duty relating to primary ophthalmic services) is amended as

follows.

      (2)  

In subsection (1), for the words from the beginning to “area,” substitute “The

15

Board must exercise its powers so as to secure the provision throughout

England”.

      (3)  

After that subsection insert—

“(1A)   

Arrangements made for the purposes of subsection (1) may include

arrangements for the performance of a service outside England.”

20

      (4)  

For subsection (4) substitute—

“(4)   

The Board may (in addition to any other power conferred on it) make

such arrangements for the provision of primary ophthalmic services

as it considers appropriate; and it may in particular make contractual

arrangements with any person.

25

(4A)   

Arrangements made for the purposes of subsection (4) may include

arrangements for the performance of a service outside England.”

      (5)  

In subsection (5), for “Each Primary Care Trust” substitute “The Board”.

      (6)  

Omit subsection (6).

      (7)  

In subsection (9), in paragraph (b), for “(d)” substitute “(e)”.

30

      (8)  

For the cross-heading preceding that section substitute “Duty of the Board

in relation to primary ophthalmic services”.

55    (1)  

Section 117 (general ophthalmic services contracts: introductory) is

amended as follows.

      (2)  

In subsection (1), for “A Primary Care Trust” substitute “The Board”.

35

      (3)  

In subsections (3) and (5), for “the Primary Care Trust” substitute “the

Board”.

      (4)  

In subsection (4), for paragraph (b) substitute—

“(b)   

services which are to be performed outside England.”

 
 

 
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