|
| |
|
| |
(i) | omit “a Strategic Health Authority,” and |
| |
(ii) | omit “a Primary Care Trust,” and |
| |
| |
(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 |
| |
| |
(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 |
| |
| so far as is reasonably necessary and practicable to enable local |
| |
authorities to discharge their functions relating to social services, |
| |
education and public health.” |
| |
| 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 |
| |
| |
(11) | In the title to section 80, after “Secretary of State” insert “, the Board and |
| |
| |
(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 |
| |
| |
29 (1) | Section 81 (conditions of supply under section 80) is amended as follows. |
| |
| 45 |
|
| |
|
| |
|
(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”, |
| |
| 5 |
(c) | in paragraph (b) at the beginning insert “where the person is the |
| |
Secretary of State and is not the officer’s employer,”. |
| |
| |
(a) | for “The Secretary of State” substitute “The person concerned”, and |
| |
(b) | for “he” substitute “it”. |
| 10 |
| |
(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 |
| |
(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 |
| |
| |
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 |
| |
| |
(3) | In subsection (3) of that section, for “Each Primary Care Trust” substitute |
| 35 |
| |
| |
(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 |
| |
(2) | In subsection (1), for “A Primary Care Trust” substitute “The Board”. |
| |
|
| |
|
| |
|
(3) | In subsections (3) and (5), for “the Primary Care Trust” substitute “the |
| |
| |
(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 |
| |
| |
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 |
| |
(2) | In the following provisions, for “a Primary Care Trust” substitute “the |
| |
| |
(a) | subsection (1), in each place it occurs, |
| |
| 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.” |
| |
| |
| |
(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 |
| |
| |
37 (1) | Section 93 (participants in section 92 arrangements) is amended as follows. |
| |
|
| |
|
| |
|
| |
(a) | for “A Strategic Health Authority” substitute “The Board”, and |
| |
| |
(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)” |
| |
| |
38 (1) | Section 94 (regulations about section 92 arrangements) is amended as |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 30 |
| |
(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”. |
| |
| 35 |
| |
(a) | for “A Primary Care Trust” substitute “The Board”, and |
| |
(b) | in paragraphs (a) and (b), for “the Primary Care Trust” substitute |
| |
| |
|
| |
|
| |
|
| |
| |
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.” |
| |
| 10 |
| |
(a) | for “Each Primary Care Trust” substitute “The Board”, and |
| |
(b) | for “for which it makes provision” substitute “for which provision is |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(2) | In the following provisions, for “a Primary Care Trust” substitute “the |
| |
| 35 |
(a) | subsection (1), in each place it occurs, |
| |
| |
(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 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.” |
| |
| 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 |
| |
| |
49 (1) | Section 108 (participants in section 107 arrangements) is amended as |
| |
| 20 |
| |
(a) | for “A Strategic Health Authority” substitute “The Board”, and |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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”. |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(a) | for “A Primary Care Trust” substitute “The Board”, and |
| |
(b) | in paragraphs (a) and (b), for “the Primary Care Trust” substitute |
| |
| 10 |
| |
| |
54 (1) | Section 115 (duty relating to primary ophthalmic services) is amended as |
| |
| |
(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 |
| |
| |
(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”. |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(4) | In subsection (4), for paragraph (b) substitute— |
| |
“(b) | services which are to be performed outside England.” |
| |
|
| |
|