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 5 — Part 1: amendments of other enactments
297

      (2)
In subsection (1)—
(a)
omit “Primary Care Trust or” in each place it appears,
(b)
in paragraph (a), after the first “the” insert “commissioning
consortium or”,
(c)
in paragraph (b), at the beginning insert “the National Health Service
5
Commissioning Board or”,
(d)
in that paragraph, after “or any other” insert “commissioning
consortium or”,
(e)
after “such information as that” insert “commissioning consortium
or”,
10
(f)
after “Local Health Board or”, in each place it appears, insert “the
National Health Service Commissioning Board or the”,
(g)
after “order, and that” insert “commissioning consortium or”.
      (3)
After subsection (1) insert—
“(1ZA)
A request under this section to the National Health Service
15
Commissioning Board may relate only to services or facilities the
provision of which the Board arranges.”
      (4)
In consequence of the repeals made by sub-paragraph (2), omit paragraphs
46 and 49 of Schedule 2 to the National Health Service Reform and Health
Care Professions Act 2002.
20
27
In section 134 (patients’ correspondence), in subsection (3)(e)—
(a)
at the beginning insert “the National Health Service Commissioning
Board, a commissioning consortium,”,
(b)
omit “Strategic Health Authority,”,
(c)
for “, Special Health Authority” substitute “or Special Health
25
Authority”, and
(d)
omit “or Primary Care Trust”.
28
In section 139 (protection for acts done in pursuance of that Act), in
subsection (4)—
(a)
after “the Secretary of State or against” insert “the National Health
30
Service Commissioning Board, a commissioning consortium,”,
(b)
omit “Strategic Health Authority,”,
(c)
for “, Special Health Authority” substitute “or Special Health
Authority”, and
(d)
omit “or Primary Care Trust”.
35
29    (1)
In section 145 (interpretation), in subsection (1)—
(a)
in the definition of “the managers”, in paragraph (a)—
(i)
omit “Primary Care Trust,”, and
(ii)
omit “Strategic Health Authority,”,
(b)
in paragraph (bb) of that definition, omit “a Primary Care Trust or”,
40
(c)
omit the definition of “Primary Care Trust”, and
(d)
omit the definition of “Strategic Health Authority”.
      (2)
In consequence of the repeals made by sub-paragraph (1), omit paragraph
70)(e) and (g) of Schedule 1 to the National Health Service (Consequential
Provisions) Act 2006.
45

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
298

Public Health (Control of Disease) Act 1984 (c. 22)
30
In section 13 of the Public Health (Control of Disease) Act 1984 (regulations
for control of certain diseases), in subsection (4)(a)—
(a)
omit “Strategic Health Authorities,”, and
(b)
omit “, Primary Care Trusts”.
5
Dentists Act 1984 (c. 24)
31
The Dentists Act 1984 is amended as follows.
32
In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).
33
In section 36M (guidance for dental care professionals), in subsection (8)
omit paragraph (a).
10
34
In section 40 (definition of “business of dentistry”), in subsection (2)(aa),
after “section 100 of that Act” insert “or an agreement under section 107 of
that Act”.
35
In section 50D (rules: consultation), in subsection (4) omit paragraph (a).
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
15
36
The Disabled Persons (Services, Consultation and Representation) Act 1986
is amended as follows.
37
In section 2 (rights of authorised representatives of disabled persons)—
(a)
in subsection (5) in paragraph (a)—
(i)
after “hospital accommodation” (in the first place it occurs)
20
insert “provided pursuant to arrangements made by the
National Health Service Commissioning Board or a
commissioning consortium under the National Health
Service Act 2006 or”,
(ii)
for “the Secretary of State under section (3)(1)(a)” substitute
25
“the Secretary of State under section 2A or 2B”, and
(iii)
omit “by a Primary Care Trust established under that Act,”,
(b)
in subsection (7) in paragraph (a), after “provision of services” insert
“, or the arrangement for the provision of services,”, and
(c)
in subsection (9) in the definition of “health authority”, in paragraph
30
(a)—
(i)
after “means” insert “the National Health Service
Commissioning Board, a commissioning consortium or”,
(ii)
omit “a Strategic Health Authority,”, and
(iii)
omit “or a Primary Care Trust”.
35
38
In section 7 (persons discharged from hospital), in subsection (9)—
(a)
in the definition of “health authority”, in paragraph (a) for “a
Primary Care Trust” substitute “a commissioning consortium”, and
(b)
in the definition of “the managers”—
(i)
in paragraph (a)(i) for “, an NHS foundation trust or a
40
Primary Care Trust” substitute “or an NHS foundation trust”,
(ii)
in the words following paragraph (a)(iii) after “means the”
insert “Secretary of State where the Secretary of State is

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
299

responsible for the administration of the hospital, or means
the”,
(iii)
in those words omit “Strategic Health Authority,”, and
(iv)
omit paragraph (bb).
39
In section 11 (reports to Parliament)—
5
(a)
in subsection (1ZA) omit “subsection (1ZB) extends to England and
Wales only and”, and
(b)
omit subsection (1ZB).
40
In section 16 (interpretation), in subsection (1)—
(a)
omit the definition of “Primary Care Trust”, and
10
(b)
omit the definition of “Strategic Health Authority”.
Dartford-Thurrock Crossing Act 1988 (c. 20)
41
In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from
tolls), in paragraph (b)—
(a)
omit “a Strategic Health Authority established under section 13 of
15
the National Health Service Act 2006,”,
(b)
for “that Act” substitute “the National Health Service Act 2006”, and
(c)
omit “a Primary Care Trust established under section 18 of the
National Health Service Act 2006,”.
Copyright, Designs and Patents Act 1988 (c. 48)
20
42
In section 48 of the Copyright, Designs and Patents Act 1988 (material
communicated to the Crown in the course of public business), in subsection
(6)—
(a)
after “the National Health Service and Community Care Act 1990,”
insert “the National Health Service Commissioning Board, a
25
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
National Health Service Act 2006,”.
Health and Medicines Act 1988 (c. 49)
30
43
In section 7 of the Health and Medicines Act 1988 (extension of powers for
financing health service), in subsection (3)(i) omit the words from the second
“the” to “trust, or”.
Road Traffic Act 1988 (c. 52)
44
In section 144 of the Road Traffic Act 1988 (exception to requirement for
35
third party insurance), in subsection (2)(da) omit “by a Primary Care Trust
established under section 18 of the National Health Service Act 2006”.
Children Act 1989 (c. 41)
45
The Children Act 1989 is amended as follows.
46
In section 21 (provision of accommodation for children in police protection
40
etc), in subsection (3)—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
300

(a)
for “Secretary of State,” substitute “Secretary of State or”,
(b)
omit “or a Primary Care Trust” (in each place where it occurs), and
(c)
after “arrangements made by” insert “the National Health Service
Commissioning Board or a commissioning consortium under the
National Health Service Act 2006 or”.
5
47
In section 24 (persons qualifying for advice and assistance), in subsection
(2)—
(a)
in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”,
and
(b)
in that paragraph, in sub-paragraph (ii) after “provided” insert
10
“pursuant to arrangements made by the National Health Service
Commissioning Board or a commissioning consortium under the
National Health Service Act 2006 or”.
48
In section 24C (information), in subsection (2)—
(a)
in paragraph (b) for “, Special Health Authority or Primary Care
15
Trust” substitute “or Special Health Authority”, and
(b)
in paragraph (c) after “provided” insert “pursuant to arrangements
made by the National Health Service Commissioning Board or a
commissioning consortium under the National Health Service Act
2006 or”.
20
49
In section 27 (co-operation between authorities), in subsection (3)—
(a)
after paragraph (c) insert—
“(ca)
the National Health Service Commissioning Board;”,
and
(b)
in paragraph (d)—
25
(i)
after “any” insert “commissioning consortium,”, and
(ii)
omit “, Primary Care Trust”.
50
In section 29 (recoupment of cost of providing services), in subsection (8) in
paragraph (c)—
(a)
for “Secretary of State,” substitute “Secretary of State or”,
30
(b)
omit “or a Primary Care Trust” (in both places where it occurs),
(c)
after “arrangements made by” insert “the National Health Service
Commissioning Board or a commissioning consortium under the
National Health Service Act 2006 or by”, and
(d)
omit “a Strategic Health Authority,”.
35
51
In section 47 (local authority’s duty to investigate), in subsection (11)—
(a)
after paragraph (c) insert—
“(ca)
the National Health Service Commissioning Board;”,
and
(b)
in paragraph (d)—
40
(i)
after “any” insert “commissioning consortium,”, and
(ii)
omit “, Primary Care Trust”.
52
In section 80 (inspection of children’s homes)—
(a)
in subsection (1), in paragraph (d) —
(i)
omit “Primary Care Trust,”, and
45
(ii)
after “NHS foundation trust” insert “or pursuant to
arrangements made by the National Health Service

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
301

Commissioning Board or a commissioning consortium under
the National Health Service Act 2006”,
(b)
in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and
(c)
after that paragraph insert—
“(ea)
person providing accommodation for a child
5
pursuant to arrangements made by the National
Health Service Commissioning Board or a
commissioning consortium under the National
Health Service Act 2006;”.
53
In section 85 (children accommodated by health authorities)—
10
(a)
in subsection (1) omit “Primary Care Trust,”, and
(b)
after subsection (2) insert—
“(2A)
Where a child is provided with accommodation—
(a)
by a body which is not mentioned in subsection (1),
and
15
(b)
pursuant to arrangements made by the National
Health Service Commissioning Board or a
commissioning consortium under the National
Health Service Act 2006,

subsections (1) and (2) apply in relation to the Board or (as the
20
case may be) the consortium as if it were the accommodation
authority.”
54
In section 105 (interpretation), in subsection (1)—
(a)
before the definition of “community home” insert—
““commissioning consortium” means a commissioning
25
consortium established under section 14D of the
National Health Service Act 2006;”,
(b)
omit the definition of “Primary Care Trust”, and
(c)
omit the definition of “Strategic Health Authority”.
National Health Service and Community Care Act 1990 (c. 19)
30
55
The National Health Service and Community Care Act 1990 is amended as
follows.
56
In section 47 (assessment of needs for community care services), in
subsection (3)—
(a)
before paragraph (a) insert—
35
“(za)
that there may be a need for the provision to that
person, pursuant to arrangements made under the
National Health Service Act 2006 by such
commissioning consortium as may be determined in
accordance with regulations, of any services,”,
40
(b)
in paragraph (a), omit “Primary Care Trust or”,
(c)
in that paragraph omit “the National Health Service Act 2006 or”,
(d)
in the text following paragraph (b), omit “Primary Care Trust,” (in
both places where it occurs), and
(e)
in that text, before “Health Authority” (in both places it occurs) insert
45
“commissioning consortium,”.
57
In section 49 (transfer of staff to local authorities), in subsection (4)(b)—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
302

(a)
omit “Strategic Health Authority,”, and
(b)
omit “Primary Care Trust,”.
58
In section 60 (removal of crown immunities), in subsection (7)—
(a)
in paragraph (a) omit the words from “a Strategic” to “2006 or”, and
(b)
in paragraph (aa) for “that Act” substitute “the National Health
5
Service Act 2006”.
Access to Health Records Act 1990 (c. 23)
59
The Access to Health Records Act 1990 is amended as follows.
60
In section 1, in subsection (2) (meaning of “holder” in relation to a health
record)—
10
(a)
in paragraph (a)—
(i)
for “a Primary Care Trust or” substitute “the National Health
Service Commissioning Board or a”, and
(ii)
omit “Trust or”, and
(b)
in paragraph (aa)—
15
(i)
for “a Primary Care Trust, Strategic Health Authority or”
substitute “the National Health Service Commissioning
Board or a”, and
(ii)
omit “Trust, Authority or”.
61
In section 11 (interpretation)—
20
(a)
in the definition of “health service body”, in paragraph (a)—
(i)
omit “Strategic Health Authority,”,
(ii)
for “, Local” substitute “or Local”, and
(iii)
omit “or Primary Care Trust”,
(b)
omit the definition of “Primary Care Trust”, and
25
(c)
omit the definition of “Strategic Health Authority”.
London Local Authorities Act 1991 (c. xiii)
62
In section 4 of the London Local Authorities Act 1991 (interpretation) in the
definition of “establishment for special treatment”, in paragraph (d) for “by
a Primary Care Trust established under section 18 of the National Health
30
Service Act 2006” substitute “by the National Health Service Commissioning
Board or a commissioning consortium pursuant to arrangements made
under the National Health Service Act 2006,”.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
63
In section 279 of the Trade Union and Labour Relations (Consolidation) Act
35
1992 (health service practitioners)—
(a)
in subsection (1), in paragraph (a) for “a Primary Care Trust”
substitute “the National Health Service Commissioning Board”,
(b)
in subsection (2), in paragraph (a) for “a Primary Care Trust,
Strategic Health Authority or” substitute “the National Health
40
Service Commissioning Board or a”,
(c)
in paragraph (b) of that subsection, for “a Primary Care Trust or”
substitute “the National Health Service Commissioning Board or a”,
and

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
303

(d)
in that paragraph, for “entered into by him with a Primary Care
Trust” substitute “entered into by him with the National Health
Service Commissioning Board”.
Charities Act 1993 (c. 10)
64
In section 43A of the Charities Act 1993 (annual audit etc. of English NHS
5
charity accounts) in subsection (7), in the definition of “English National
Health Service charity”—
(a)
omit paragraph (a),
(b)
omit paragraph (b),
(c)
before paragraph (c) insert—
10
“(ba)
the National Health Service Commissioning Board;
(bb)
a commissioning consortium;”,
(d)
after that paragraph insert—
“(ca)
trustees for the National Health Service
Commissioning Board appointed in pursuance of
15
paragraph 11 of Schedule A1 to the National Health
Service Act 2006;
(cb)
trustees for a commissioning consortium appointed
in pursuance of paragraph 10 of Schedule 1A to the
National Health Service Act 2006;”, and
20
(e)
omit paragraph (e).
Health Service Commissioners Act 1993 (c. 46)
65
In section 19 of the Health Service Commissioners Act 1993 (interpretation),
in the definition of “direct payment services”, omit “, or under regulations
under section 12A(4),”.
25
Health Authorities Act 1995 (c. 17)
66
In Schedule 2 to the Health Authorities Act 1995 (property, rights and
liabilities), in paragraph 2—
(a)
in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and
(b)
in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health
30
Authority,”.
Employment Rights Act 1996 (c. 18)
67
The Employment Rights Act 1996 is amended as follows.
68
In section 43K (extension of meaning of “worker” etc for Part IVA)—
(a)
in subsection (1)(ba) for “a Primary Care Trust” (in each place where
35
it occurs) substitute “the National Health Service Commissioning
Board”,
(b)
in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the
National Health Service Commissioning Board”,
(c)
in subsection (2)(aa) for “the Primary Care Trust or” substitute “the
40
National Health Service Commissioning Board, or the”.
69
In section 50 (right to time off for public duties), in subsection (8)—