|
| |
|
| |
(a) | omit “Primary Care Trust or” in each place it appears, |
| |
(b) | in paragraph (a), after the first “the” insert “commissioning |
| |
| |
(c) | in paragraph (b), at the beginning insert “the National Health Service |
| 5 |
| |
(d) | in that paragraph, after “or any other” insert “commissioning |
| |
| |
(e) | after “such information as that” insert “commissioning consortium |
| |
| 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 |
| |
(d) | omit “or Primary Care Trust”. |
| |
28 | In section 139 (protection for acts done in pursuance of that Act), in |
| |
| |
(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 |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
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) |
| |
| 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 |
| |
| |
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 |
| |
| |
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 |
| |
| |
(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 |
| |
(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 |
| |
|
| |
|
| |
|
responsible for the administration of the hospital, or means |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(a) | in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, |
| |
| |
(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 |
| |
| 20 |
49 | In section 27 (co-operation between authorities), in subsection (3)— |
| |
(a) | after paragraph (c) insert— |
| |
“(ca) | the National Health Service Commissioning Board;”, |
| |
| |
| 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 |
| |
| |
(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;”, |
| |
| |
| 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 |
| |
|
| |
|
| |
|
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), |
| |
| 15 |
(b) | pursuant to arrangements made by the National |
| |
Health Service Commissioning Board or a |
| |
commissioning consortium under the National |
| |
| |
| 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 |
| |
| |
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 |
| |
| |
56 | In section 47 (assessment of needs for community care services), in |
| |
| |
(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)— |
| |
|
| |
|
| |
|
(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 |
| |
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 |
| |
| 10 |
| |
(i) | for “a Primary Care Trust or” substitute “the National Health |
| |
Service Commissioning Board or a”, and |
| |
(ii) | omit “Trust or”, and |
| |
| 15 |
(i) | for “a Primary Care Trust, Strategic Health Authority or” |
| |
substitute “the National Health Service Commissioning |
| |
| |
(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”, |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
| |
| |
(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 |
| |
| |
(cb) | trustees for a commissioning consortium appointed |
| |
in pursuance of paragraph 10 of Schedule 1A to the |
| |
National Health Service Act 2006;”, and |
| 20 |
| |
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 |
| |
| 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 |
| |
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 |
| |
| |
(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)— |
| |
|
| |
|