Health and Social Care Bill

Session 2010 - 11
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 8 — Charging
283

(b)
in sub-paragraph (2)—
(i)
in paragraph (a), for “a Primary Care Trust” substitute “the
Board or the Secretary of State (the “commissioner”)”,
(ii)
in that paragraph, omit “or Strategic Health Authority (the
“commissioning body”)”, and
5
(iii)
in paragraph (b), for “the commissioning body” substitute
“the commissioner”,
(c)
omit sub-paragraph (2A),
(d)
for sub-paragraph (2B) substitute—
   “(2B)
The Secretary of State may establish an LPS scheme only
10
where the other party is the Board.
     (2C)
The Board may provide local pharmaceutical services
under an LPS scheme only in such circumstances as may
be prescribed.”, and
(e)
in each of sub-paragraphs (5) and (6), for “a Primary Care Trust”
15
substitute “the Board”.
      (3)
In paragraph 2 (designation of priority neighbourhoods or premises)—
(a)
in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust”
substitute “the Board”, and
(b)
in sub-paragraph (1), omit “or Strategic Health Authority”.
20
      (4)
In paragraph 3 (regulations)—
(a)
in sub-paragraph (2), for “the commissioning body” substitute “the
commissioner”, and
(b)
in sub-paragraph (3)(k)—
(i)
for “Primary Care Trusts” substitute “the Board or the
25
Secretary of State”, and
(ii)
omit “or Strategic Health Authorities”.
      (5)
In consequence of the repeals made by this paragraph, omit section 29(7),
(8)(a) and (c), (10), (12) and (15) of the Health Act 2009.
      (6)
Any LPS scheme under Chapter 3 of Part 7 of the National Health Service
30
Act 2006 having effect immediately before the commencement of this
paragraph is to continue to have effect as if it had been established by the
Board; and nothing in this paragraph or paragraph 62 affects the validity of
anything done under or for the purposes of the scheme.
Part 8
35
Charging
94
In section 176 (dental charging)—
(a)
in subsection (3), for “a Primary Care Trust or Special Health
Authority” substitute “the Board”, and
(b)
in subsection (4)(a), omit sub-paragraph (i).
40
95
In section 177 (exemptions from dental charging), in subsection (4), omit
paragraph (a).
96    (1)
Section 180 (payments in respect of costs of optical appliances) is amended
as follows.

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 8 — Charging
284

      (2)
In subsection (1), for “him or a relevant body” substitute “the Board”.
      (3)
In subsection (3), in paragraph (a)—
(a)
for “himself or such relevant body as may be prescribed” substitute
“the Board”, and
(b)
for “he or the prescribed body” substitute “the Board”.
5
      (4)
In paragraph (b) of that subsection—
(a)
for “him or such relevant body as may be prescribed” substitute “the
Board”, and
(b)
for “him or by the prescribed body” substitute “the Board”.
      (5)
After subsection (6) insert—
10
“(6A)
The Board may direct a Special Health Authority, or such other body
as may be prescribed, to exercise any of the Board’s functions under
regulations under this section.”
      (6)
Omit subsection (10).
      (7)
In subsection (11), at the end insert “in accordance with the regulations”.
15
      (8)
Omit subsection (12).
      (9)
For the title to section 180 substitute “Payments in respect of costs of optical
appliances and sight tests”.
97    (1)
Section 181 (provision supplementary to section 180) is amended as follows.
      (2)
In subsection (3), omit the words from “(whether” to the end.
20
      (3)
Omit subsection (9).
98    (1)
Section 183 (payment of travelling expenses) is amended as follows.
      (2)
In paragraph (a) —
(a)
after “the Secretary of State” insert “, the Board, a commissioning
consortium,”, and
25
(b)
omit “, a Primary Care Trust,”.
      (3)
In paragraph (b)—
(a)
after “by” insert “the Board,”,
(b)
omit “a Primary Care Trust”, and
(c)
before the first “to” insert “or a commissioning consortium”, and
30
(d)
omit the words from “and” to “Trust,”.
      (4)
In paragraph (c)—
(a)
after “by” insert “the Board,”,
(b)
omit “a Primary Care Trust”, and
(c)
before the first “to” insert “or a commissioning consortium”.
35
99
In section 185 (charges for more expensive supplies), in subsection (2)—
(a)
after “the Secretary of State,” insert “the Board, a commissioning
consortium, a local authority,”, and
(b)
omit “a Primary Care Trust,”.
100
In section 186 (charges for repairs and replacements in certain cases), in
40
subsection (2)—

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 9 — Fraud etc.
285

(a)
after “the Secretary of State,” insert “the Board, a commissioning
consortium, a local authority,” and
(b)
omit “a Primary Care Trust,”.
101
In section 187 (charges for designated services or facilities) for the words
from “designated” to the end substitute “of a kind mentioned in section
5
3(1)(d) or (e) (whether provided in pursuance of those provisions or any
other provision of this Act)”.
102
In section 188 (sums otherwise payable to those providing services), in
subsection (2) —
(a)
after the first “by” insert “the Board or a commissioning
10
consortium,”, and
(b)
omit “a Primary Care Trust”.
Part 9
Fraud etc.
103   (1)
Section 195 (compulsory disclosure of documents) is amended as follows.
15
      (2)
In subsection (2) for “section 2(1)(b)” substitute “section 2”.
      (3)
In subsection (3) —
(a)
for “section 2(1)(b)” substitute “section 2”,
(b)
in paragraph (a) after “(“NHS services”)” insert “or in arranging for
the provision of such services”,
20
(c)
in paragraph (d) after “NHS services” insert “or with arranging for
the provision of such services”, and
(d)
in paragraph (f) after “NHS services” insert “or with arranging for
the provision of such services”.
104   (1)
Section 196 (persons and bodies about which provision is made by Part 10)
25
is amended as follows.
      (2)
In subsection (2), for “section 28(6)” substitute “section 275(1)”.
      (3)
In subsection (3)—
(a)
before paragraph (a) insert—
“(za)
the Board,
30
(zb)
a commissioning consortium,”
(b)
omit paragraph (a), and
(c)
omit paragraph (c).
      (4)
After subsection (5) insert—
“(5A)
A “public health service contractor” means any person providing
35
services of any description under arrangements made in the exercise
of the public health functions of the Secretary of State or a local
authority.”
105   (1)
Section 197 (notice requiring production of documents) is amended as
follows.
40
      (2)
In subsection (1)(a) after “health service provider” insert “, public health
service contractor”.

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 10 — Property and finance
286

      (3)
In subsection (3)(d) after “health service provider” insert “, public health
service contractor”.
106
In section 201 (disclosure of information), in subsection (3)(a) for “any of the
Secretary of State’s functions” substitute “any of the functions of the
Secretary of State, the Board, a commissioning consortium or a local
5
authority”.
107   (1)
Section 210 (interpretation of Part 10) is amended as follows.
      (2)
In subsection (1) after “health service provider” insert “, “public health
service contractor””.
      (3)
In subsection (2)(a)—
10
(a)
after “in relation to” insert “the Secretary of State, local authorities,”,
and
(b)
after “health service providers” insert “, public health service
contractors”.
Part 10
15
Property and finance
108   (1)
Section 211 (acquisition, use and maintenance of property) is amended as
follows.
      (2)
In subsection (4) for “A local social services authority” substitute “A local
authority”.
20
      (3)
After that subsection insert—
“(4A)
In subsection (4), “local authority” has the same meaning as in
section 2B.”
109
In section 213 (transfers of trust property), in subsection (2)(c)—
(a)
after “for” insert “the Board or a commissioning consortium,”, and
25
(b)
omit “a Primary Care Trust,.”
110   (1)
Section 214 (transfer of functions and property to or from special trustees) is
amended as follows.
      (2)
In subsection (1)—
(a)
after the first “by” insert “the Board, a commissioning consortium,”,
30
and
(b)
omit “a Primary Care trust,”.
      (3)
In subsection (3)(a)—
(a)
after “for” insert “the Board or a commissioning consortium,”, and
(b)
omit “a Primary Care Trust,”.
35
111   (1)
Section 215 (trustees and property under section 222) is amended as follows.
      (2)
Omit subsection (2)(b) and the preceding “and”.
      (3)
In subsection (3)—

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 10 — Property and finance
287

(a)
before paragraph (a) insert—
“(za)
on trust for any purposes of the Board for which
trustees have been appointed under paragraph 11 of
Schedule A1,
(zb)
on trust for any purposes of the commissioning
5
consortium for which trustees have been appointed
under paragraph 10 of Schedule 1A,”, and
(b)
omit paragraph (a).
      (4)
In subsection (4)—
(a)
after the second “and” insert “the Board, the commissioning
10
consortium,”,
(b)
omit “the Primary Care Trust,” (in each place it occurs), and
(c)
after the second “by” insert “the Board, the consortium,”.
112
In section 217 (trusts: supplementary provisions), in subsection (1)—
(a)
omit paragraph (f), and
15
(b)
omit paragraph (g).
113
In section 218 (private trusts for hospitals), in subsection (4)—
(a)
in paragraph (b) omit “or Primary Care Trust”,
(b)
in paragraph (c) omit “or Primary Care Trust” (in both places where
it occurs), and
20
(c)
in paragraph (d) for “Strategic Health Authority” substitute
“Secretary of State, or the”.
114   (1)
Section 222 (power to raise money) is amended as follows.
      (2)
In subsection (3) for “the Secretary of State” substitute “the appropriate
authority”.
25
      (3)
After subsection (3) insert—
“(3A)
In subsection (3) “appropriate authority” means—
(a)
in relation to a commissioning consortium, the Board, and
(b)
in relation to any other body to which this section applies, the
Secretary of State.”
30
115   (1)
In section 223 (formation of companies), in each of subsections (1), (2) and (5)
after “Secretary of State” insert “or the Board”.
      (2)
After that section insert—
“223A
Application of section 223 to commissioning consortia
(1)
Section 223 applies in relation to a commissioning consortium as it
35
applies in relation to the Board.
(2)
But the powers conferred by that section are exercisable by a
commissioning consortium only for the purpose of securing
improvement—
(a)
in the physical and mental health of the people for whom it
40
has responsibility for the purposes of section 3, or
(b)
in the prevention, diagnosis and treatment of illness in such
people.”

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 10 — Property and finance
288

116
Omit section 224 (means of meeting expenditure of strategic health
authorities).
117   (1)
Section 226 (financial duties of Strategic Health Authorities and Special
Health Authorities) is amended as follows.
      (2)
Omit subsection (1).
5
      (3)
In subsection (3) —
(a)
omit “Strategic Health Authority or”, and
(b)
for “subsection (1) or (2)” substitute “subsection (2)”.
      (4)
In subsection (4) omit “Strategic Health Authority or” (in each place where
it occurs).
10
      (5)
In subsection (5) omit “Strategic Health Authority or”.
      (6)
In subsection (6) omit “Strategic Health Authority or”.
      (7)
In subsection (7)—
(a)
in paragraph (a) omit “specified Strategic Health Authority or”,
(b)
omit paragraph (b)(i) and the word “or” immediately following it,
15
and
(c)
omit paragraph (c)(i) and the word “or” immediately following it,
and
(d)
in the words following paragraph (c) omit “Strategic Health
Authority or”.
20
118   (1)
Section 227 (resource limits for Strategic Health Authorities and Special
Health Authorities) is amended as follows.
      (2)
In subsection (1), omit “Strategic Health Authority and each”.
      (3)
In subsection (2)(b) omit “Strategic Health Authority or”.
      (4)
In subsection (3) omit “Strategic Health Authority or”.
25
      (5)
In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.
119
Omit sections 228 to 231 (funding of Primary Care Trusts etc).
120
In section 234 (special arrangement as to payment of remuneration), omit
subsection (4).
121   (1)
Section 236 (payment for medical examination before application for
30
admission to hospital under the Mental Health Act) is amended as follows.
      (2)
In subsection (1), for “the Secretary of State” substitute “the prescribed
commissioning consortium”.
      (3)
In subsection (2)(b)—
(a)
after “report made” insert “—
35
(i)
”,
(b)
omit “a Primary Care Trust,”,
(c)
before “NHS trust” insert “an”, and
(d)
at the end insert “, or
(ii)
pursuant to arrangements made by the
40
National Health Service Commissioning
Board or a commissioning consortium.”

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 12 — Miscellaneous
289

122
Omit Schedule 14 (further provision about expenditure of Primary Care
Trusts).
123   (1)
Schedule 15 (accounts and audits) is amended as follows.
      (2)
In paragraph 1(1)—
(a)
omit paragraph (a),
5
(b)
omit paragraph (c), and
(c)
omit paragraph (g).
      (3)
In paragraph 5, omit sub-paragraph (2).
      (4)
Omit paragraph 7.
      (5)
In paragraph 8(3) omit “or 7”.
10
      (6)
Omit paragraph 9.
Part 11
Public involvement and scrutiny
124   (1)
Section 242 (public involvement and consultation) is amended as follows.
      (2)
In subsection (1A)—
15
(a)
omit paragraph (a), and
(b)
omit paragraph (b).
      (3)
Omit subsections (4) and (5).
125
Omit sections 242A and 242B (duties of Strategic Health Authorities in
relation to involvement of users).
20
126
In section 246 (overview and scrutiny committees: exempt information), in
subsection (3)(a), omit “, or under regulations under section 12A(4),”.
Part 12
Miscellaneous
127   (1)
Section 256 (power of Primary Care Trusts to make payments towards
25
expenditure on community services) is amended as follows.
      (2)
In subsection (1) for “A Primary Care Trust” substitute “The Board or a
commissioning consortium”.
      (3)
In subsection (3)—
(a)
for “A Primary Care Trust” substitute “The Board or a
30
commissioning consortium”, and
(b)
for “the Primary Care Trust” substitute “the Board or (as the case
may be) the consortium”.
128
In section 257 (payments in respect of voluntary organisations under section
256), in subsection (2) for “the Primary Care Trust” substitute “the Board or
35
the consortium”.
129   (1)
Section 258 (university clinical teaching and research) is amended as
follows.