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 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.”