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 12 — Miscellaneous
290

      (2)
In subsection (1)—
(a)
for “The Secretary of State must exercise his functions under this
Act” substitute “The functions under this Act of the Secretary of
State, the Board and each commissioning consortium must be
exercised”, and
5
(b)
for “he” substitute “the Secretary of State, the Board or the
consortium (as the case may be)”.
      (3)
In subsection (2), in paragraph (a)—
(a)
after “exercisable by” insert “the Board,”,
(b)
after “a” insert “commissioning consortium,”,
10
(c)
omit “Strategic Health Authority,”, and
(d)
omit “Primary Care Trust,”.
130   (1)
Section 259 (sale of medical practices) is amended as follows.
      (2)
In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section
83(2)”.
15
      (3)
After that subsection insert—
“(4A)
The reference in subsection (4)(e) to arrangements under section
83(2) of this Act includes a reference to arrangements made under
section 83(2)(b) of this Act before the commencement of paragraph
28 of Schedule 4 to the Health and Social Care Act 2011 (sub-
20
paragraph (2) of which replaces section 83(2)).”
      (4)
In subsection (5), in the definition of “relevant area”—
(a)
after ““relevant area”” insert “—
(a)
”, and
(b)
at the end insert “;
25
(b)
in relation to the Board, in a case where a
person has at any time provided or performed
services by arrangement or contract with the
Board, means the prescribed area (at the
prescribed time).”
30
131
Omit section 268 (persons displaced by health service development), and the
cross-heading which precedes it.
132   (1)
Section 272 (orders, regulations, rules and directions) is amended as follows.
      (2)
In subsection (3) omit paragraph (d).
      (3)
In subsection (5) omit “a PCT order, or”.
35
133   (1)
Section 273 (further provision about orders and directions) is amended as
follows.
      (2)
In subsection (3) for “by a Strategic Health Authority” substitute “by the
Board”.
      (3)
In subsection (4)(c)(ii) omit “15,”.
40
134   (1)
Section 275 (interpretation) is amended as follows.
      (2)
In subsection (1)—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
291

(a)
before the definition of “dental practitioner” insert—
““the Board” means the National Health Service
Commissioning Board,
“commissioning consortium” means a commissioning
consortium established under section 14D of this
5
Act,”,
(b)
in the definition of “health service hospital” omit “a Primary Care
Trust,”,
(c)
after the definition of “modifications” insert—
““NHS body” means—
10
(a)
the Board,
(b)
a commissioning consortium,
(c)
a Special Health Authority,
(d)
an NHS trust,
(e)
an NHS foundation trust, and
15
(f)
a Local Health Board.”
      (3)
In subsection (3)—
(a)
omit “or 15”,
(b)
omit “Strategic Health Authority,” (in both places where it occurs),
and
20
(c)
omit “Primary Care Trust or” (in both places where it occurs).
      (4)
Until the commencement of section 29, the definition of “NHS body” in
section 275 of the National Health Service Act 2006 has effect as if it included
a reference to a Primary Care Trust.
135   (1)
Section 276 (index of defined expressions) is amended as follows.
25
      (2)
Omit the entry relating to “NHS body”.
      (3)
Omit the entry relating to “PCT order”.
      (4)
After the entry relating to “provider, in relation to an NHS contract” insert—

“public health functions of
section 1(2B)(a)

the Secretary of State

30

public health functions of
section 1(2B)(b)”.

local authorities

Schedule 5
Section 49(2)

Part 1: amendments of other enactments
Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
35
1
In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936
(definitions)—
(a)
in the definition of “voluntary hospital”, for “, NHS foundation trust
or a Primary Care Trust” substitute “or an NHS foundation trust”,
and
40
(b)
omit the definition of “Primary Care Trust”.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
292

National Assistance Act 1948 (c. 29)
2
The National Assistance Act 1948 is amended as follows.
3     (1)
Section 24 (local authority’s liability for provision of accommodation) is
amended as follows.
      (2)
In subsection (6A), in paragraph (b), omit “Primary Care Trust or”.
5
      (3)
Omit subsection (6B).
      (4)
In consequence of the repeal made by sub-paragraph (3), omit paragraph 1
of Schedule 1 to the Health Act 2009.
4
In section 26 (provision of accommodation in premises maintained by
voluntary organisations), in subsection (1C)—
10
(a)
after “such” insert “commissioning consortium or”, and
(b)
omit “Primary Care Trust or”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
5
In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of
Civil Interests) Act 1951 (capacities in respect of which payments under Part
15
5 of the Act may be made, and paying authorities), in paragraph 15—
(a)
in the first column (headed “capacity”), after “Officer of” insert “the
National Health Service Commissioning Board, a commissioning
consortium,”,
(b)
in that column, omit “a Strategic Health Authority,”,
20
(c)
in the second column (headed “paying authority”), after “The” insert
“National Health Service Commissioning Board, commissioning
consortium,”, and
(d)
in that column, omit “Strategic Health Authority,”.
Public Records Act 1958 (c. 51)
25
6
In Schedule 1 to the Public Records Act 1958 (bodies the records of which are
public records), in paragraph 3(2) in the Table, in second column of the first
entry relating to the Department of Health—
(a)
after “Authorities including” insert “the National Health Service
Commissioning Board, commissioning consortia,”,
30
(b)
after “records of trust property passing to” insert “the National
Health Service Commissioning Board, a commissioning
consortium,”,
(c)
after “section 161 of the National Health Service (Wales) Act 2006” (in
the second place it occurs) insert “or under section 292 of the Health
35
and Social Care Act 2011”,
(d)
after “or held by” insert “the National Health Service Commissioning
Board, a commissioning consortium or”, and
(e)
after “that Act, or” (in the second place where it occurs) insert “by
virtue of section 2 and section 13T of, or paragraph 15 of Schedule 1A
40
to, that Act, or under”.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
293

Public Bodies (Admission to Meetings) Act 1960 (c. 67)
7
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which the Act applies), in paragraph 1—
(a)
omit paragraph (ea),
(b)
before paragraph (g) insert—
5
“(fa)
the National Health Service Commissioning Board,
except as regards the exercise of functions under
the National Health Service (Service Committees
and Tribunal) Regulations 1992, or any regulations
amending or replacing those regulations;”, and
10
(c)
omit paragraph (gg).
Parliamentary Commissioner Act 1967 (c. 13)
8
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not
subject to investigation), in paragraph 8—
(a)
in sub-paragraph (1)—
15
(i)
after “Secretary of State by” insert “a local authority, the
National Health Service Commissioning Board, a
commissioning consortium,
(ii)
omit “a Strategic Health Authority,”, and
(iii)
omit “, a Primary Care Trust”, and
20
(b)
in sub-paragraph (2)—
(i)
after “action taken by” insert “a local authority, the National
Health Service Commissioning Board, a commissioning
consortium or”,
(ii)
omit “a Strategic Health Authority,”, and
25
(iii)
omit “or Primary Care Trust”.
Abortion Act 1967 (c. 87)
9
In section 1 of the Abortion Act 1967 (location of treatment for termination
of pregnancy), in subsection (3) omit “a Primary Care Trust or”.
Leasehold Reform Act 1967 (c. 88)
30
10
In section 28 of the Leasehold Reform Act 1967 (land required for public
purposes)—
(a)
in subsection (5), in paragraph (d)—
(i)
after “to” insert “the National Health Service Commissioning
Board, any commissioning consortium,”,
35
(ii)
omit “any Strategic Health Authority,”, and
(iii)
omit “, any Primary Care Trust”, and
(b)
in subsection (6), in paragraph (c)—
(i)
after “in the case of” insert “the National Health Service
Commissioning Board, a commissioning consortium,”,
40
(ii)
omit “a Strategic Health Authority,”, and
(iii)
omit “, Primary Care Trust”.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
294

Health Services and Public Health Act 1968 (c. 46)
11
The Health Services and Public Health Act 1968 is amended as follows.
12    (1)
Section 63 (provision of instruction for officers of hospital authorities etc.) is
amended as follows.
      (2)
In subsection (1)—
5
(a)
after “servants of” insert “the National Health Service
Commissioning Board or a commissioning consortium,”,
(b)
omit “a Strategic Health Authority,”, and
(c)
omit “, Primary Care Trust”.
      (3)
In subsection (2)—
10
(a)
in paragraph (a) before “or the council” insert “, the National Health
Service Commissioning Board, a commissioning consortium”, and
(b)
in paragraph (b) for “a Primary Care Trust” substitute “the National
Health Service Commissioning Board”.
      (4)
In subsection (5A)—
15
(a)
omit “Strategic Health Authority” (in each place where it occurs),
and
(b)
omit “, Primary Care Trust” (in each place where it occurs).
      (5)
In subsection (5B)—
(a)
omit paragraph (za), and
20
(b)
omit paragraph (bb).
13
In section 64 (financial assistance to certain voluntary organisations), in
subsection (3)(b)—
(a)
after “City of London” insert “or a service for the provision of which
the National Health Service Commissioning Board or a
25
commissioning consortium has, by virtue of the National Health
Service Act 2006, a duty or power to make arrangements”,
(b)
for “a Primary Care Trust or local Health Board are” substitute “a
local Health Board is”,
(c)
omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”,
30
and
(d)
omit “Primary Care Trust or”.
Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
14
In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969
(employers exempted from insurance), in subsection (2)(a)—
35
(a)
after “National Health Service and Community Care Act 1990,”
insert “the National Health Service Commissioning Board, a
commissioning consortium established under section 14D of the
National Health Service Act 2006,”, and
(b)
omit “, a Primary Care Trust established under section 18 of the
40
National Health Service Act 2006”.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
295

Local Authority Social Services Act 1970 (c. 42)
15
In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions) in the entry relating to the Children Act 1989, in the column
headed “Nature of functions”—
(a)
after “accommodated” insert “pursuant to arrangements made by
5
the National Health Service Commissioning Board or a
commissioning consortium under the National Health Service Act
2006 or”, and
(b)
omit “Primary Care Trusts,”.
Chronically Sick and Disabled Persons Act 1970 (c. 44)
10
16    (1)
Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation
of younger from older patients) is amended as follows.
      (2)
In subsection (1) for “The Secretary of State” substitute “The Welsh
Ministers”.
      (3)
In subsection (2)—
15
(a)
for “The Secretary of State” substitute “The Welsh Ministers”,
(b)
for “each House of Parliament” substitute “the National Assembly
for Wales”,
(c)
for “as he considers” substitute “as they consider”, and
(d)
for “in him” substitute “in them”.
20
Local Government Act 1972 (c. 70)
17
In section 113 of the Local Government Act 1972 (placing of staff of local
authorities at disposal of certain persons)—
(a)
in subsection (1A)—
(i)
after “with” insert “the Secretary of State, the National Health
25
Service Commissioning Board,”,
(ii)
after “Local Health Board,” (in each place where it occurs)
insert “commissioning consortium,”,
(iii)
omit “Primary Care Trust,” (in each place where it occurs),
(iv)
in paragraph (a), after “disposal of” insert “the Secretary of
30
State, the National Health Service Commissioning Board,”,
and
(v)
in paragraph (b), after “employed by” insert “the Secretary of
State, the National Health Service Commissioning Board,”,
and
35
(b)
in subsection (4)—
(i)
after “above”, insert ““Secretary of State” means the Secretary
of State in relation to the exercise of functions under section
2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the
National Health Service Act 2006,”,
40
(ii)
before ““NHS trust”” insert ““commissioning consortium”
means a commissioning consortium established under
section 14D of the National Health Service Act 2006, and”,
and
(iii)
omit the words from “and “Primary Care Trust”” to the end.
45

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
296

House of Commons Disqualification Act 1975 (c. 24)
18
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership of the House)—
(a)
omit the entry relating to the chairman or any member of a Primary
Care Trust,
5
(b)
in the entry relating to the chairman or any member of any Strategic
Health Authority or Special Health Authority, omit “Strategic Health
Authority, or”, and
(c)
at the appropriate place insert—
“Chairman or non-executive member of the National Health Service
10
Commissioning Board.”
Acquisition of Land Act 1981 (c. 67)
19
The Acquisition of Land Act 1981 is amended as follows.
20
In section 16 (land excluded from compulsory purchase), in subsection (3)—
(a)
after paragraph (a) insert—
15
“(aa)
the National Health Service Commissioning Board;
(ab)
a commissioning consortium established under
section 14D of the National Health Service Act 2006;”,
and
(b)
omit paragraph (c).
20
21
In section 17 (special parliamentary procedure applying to compulsory
purchase orders concerning certain land), in subsection (4) in the definition
of “statutory undertakers”—
(a)
omit paragraph (ad), and
(b)
before paragraph (b) insert—
25
“(ae)
the National Health Service Commissioning Board,
(af)
a commissioning consortium established under
section 14D of the National Health Service Act 2006,”.
Mental Health Act 1983 (c. 20)
22
The Mental Health Act 1983 is amended as follows.
30
23
In section 19 (regulations as to transfers of patients), in subsection (3)—
(a)
for “NHS foundation trust,”, in each place it appears, substitute
“NHS foundation trust or”, and
(b)
omit “or Primary Care Trust” in each place it appears.
24
In section 23 (discharge of patients), in subsection (5)(a)—
35
(a)
for “, Special Health Authority”, in each place it appears, substitute
“or Special Health Authority”,
(b)
omit “or Primary Care Trust” in each place it appears, and
(c)
omit “, trust” in each place it appears.
25
In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3),
40
omit “, Primary Care Trusts”.
26    (1)
Section 39 (power of court to request information from hospitals) is
amended as follows.