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
304

(a)
before paragraph (a) insert—
“(za)
the National Health Service Commissioning Board,
(zb)
a commissioning consortium,” and
(b)
in paragraph (b)—
(i)
omit “a Strategic Health Authority established under section
5
13 of the National Health Service Act 2006,”, and
(ii)
omit “or a Primary Care Trust established under section 18 of
the National Health Service Act 2006,”.
70
In section 218 (change of employer), in subsection (10)—
(a)
before paragraph (a) insert—
10
“(za)
the National Health Service Commissioning Board,
(zb)
a commissioning consortium,”
(b)
omit paragraph (a),
(c)
in paragraph (b) for “that Act” substitute “the National Health
Service Act 2006”,
15
(d)
omit paragraph (bb), and
(e)
in paragraph (c) for “that Act” substitute “the National Health
Service Act 2006”.
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
71
In section 3 of the Housing Grants, Construction and Regeneration Act 1996,
20
in subsection (2)(f) (persons ineligible for grants)—
(a)
at the beginning insert “the National Health Service Commissioning
Board, a commissioning consortium,”,
(b)
omit “a Strategic Health Authority,”, and
(c)
omit “, Primary Care Trust”.
25
Education Act 1996 (c. 56)
72
The Education Act 1996 is amended as follows.
73    (1)
Section 322 (duty of certain bodies to help local authorities) is amended as
follows.
      (2)
In subsection (1)—
30
(a)
after “another local authority,” insert “the National Health Service
Commissioning Board, a commissioning consortium or”,
(b)
omit “or a Primary Care Trust”, and
(c)
for “the board, authority or trust” substitute “that body”.
      (3)
In subsection (2), for “An authority, a board or a trust” substitute “A body”.
35
      (4)
In subsection (3), in paragraph (a)—
(a)
after “request is made of” insert “the National Health Service
Commissioning Board, a commissioning consortium or”,
(b)
omit “or Primary Care Trust”, and
(c)
for “that board or trust” substitute “that body”.
40
      (5)
In subsection (4)—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
305

(a)
for “an authority, a board” substitute “a local authority, the National
Health Service Commissioning Board, a commissioning consortium
or a Local Health Board”, and
(b)
omit “or a trust”.
74    (1)
Section 332 (duty of certain NHS bodies to notify parent) is amended as
5
follows.
      (2)
In subsection (1)—
(a)
after “where” insert “a commissioning consortium,” and
(b)
omit “a Primary Care Trust,”.
      (3)
In subsection (2) for “trust” (in each place where it occurs) substitute “other
10
body”.
      (4)
In subsection (3) for “trust” substitute “other body”.
75
In section 579 (general interpretation), in subsection (1) in the definition of
“school buildings” in paragraph (c) for the words from “for enabling” to
“functions” substitute “for the carrying out of functions”.
15
Audit Commission Act 1998 (c. 18)
76
In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not
subject to certain Commission studies)—
(a)
omit paragraph (a), and
(b)
omit paragraph (b).
20
Data Protection Act 1998 (c. 29)
77
In section 69 of the Data Protection Act 1998 (meaning of “health
professional”)—
(a)
in subsection (1), in paragraph (k) for “such a body” substitute “a
health service body”,
25
(b)
in subsection (3), omit paragraph (a),
(c)
in that subsection, before paragraph (b) insert—
“(aa)
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
30
Act 2006,
(ab)
a local authority in relation to the exercise of functions
under section 2B or 111 of, or any of paragraphs 1 to
7B or 13 of Schedule 1 to, that Act,”, and
(d)
in that subsection, omit paragraph (bb).
35
Crime and Disorder Act 1998 (c. 37)
78
The Crime and Disorder Act 1998 is amended as follows.
79
In section 5 (authorities responsible for crime and disorder strategies), in
subsection (1)(e) for “Primary Care Trust” substitute “commissioning
consortium”.
40
80
In section 38 (local provision of youth justice services), in subsection (2)(b)—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
306

(a)
after “local probation board” insert “, commissioning consortium
or”, and
(b)
omit “, Strategic Health Authority,”, and
(c)
omit “or Primary Care Trust”.
81
In section 39 (local provision of youth justice services), in subsection (3)(b)—
5
(a)
after “local probation board” insert “, commissioning consortium
or”, and
(b)
omit “, Strategic Health Authority,”, and
(c)
omit “or Primary Care Trust”.
82
In that section, in subsection (5)(d)—
10
(a)
after “nominated by” insert “a commissioning consortium or”, and
(b)
omit “a Primary Care Trust or”.
83
In section 41 (the Youth Justice Board), in subsection (10)—
(a)
after “provider of probation services,” insert “a commissioning
consortium,”, and
15
(b)
for “, a Strategic Health Authority,” substitute “and”, and
(c)
omit “and a Primary Care Trust”.
84
In section 42 (supplementary provisions), in subsection (3)—
(a)
after “provider of probation services,” insert “a commissioning
consortium,”, and
20
(b)
for “, a Strategic Health Authority,” substitute “or”, and
(c)
omit “or a Primary Care Trust”.
85
In section 115, in subsection (2) (disclosure of information to relevant
authorities)—
(a)
omit paragraph (ea),
25
(b)
after paragraph (f) insert—
“(fa)
the National Health Service Commissioning Board;
(fb)
a commissioning consortium;”, and
(c)
omit paragraph (g).
Health Act 1999 (c. 8)
30
86
The Health Act 1999 is amended as follows.
87
In section 61 (English and Scottish border provisions)—
(a)
in subsection (2)—
(i)
after “Secretary of State” insert “the National Health Service
Commissioning Board”,
35
(ii)
after “any” insert “commissioning consortium”,
(iii)
omit “Strategic Health Authority”, and
(iv)
omit “or Primary Care Trust”, and
(b)
in subsection (5)—
(i)
after “any” insert “commissioning consortium”, and
40
(ii)
omit “Primary Care Trust”.
88
In Schedule 4 (amendments relating to Primary Care Trusts)—
(a)
omit paragraphs 1, 74, and 86, and the cross-heading preceding each
paragraph, and

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
307

(b)
omit paragraphs 3(c), 82 and 85(2).
Greater London Authority Act 1999 (c. 29)
89
In section 309E of the Greater London Authority Act 1999, in subsection (5)
(bodies to be included among relevant bodies for purposes of Mayor of
London’s health inequalities strategy)—
5
(a)
omit paragraph (f),
(b)
omit paragraph (g), and
(c)
before paragraph (h) insert—
“(ga)
the Secretary of State in relation to the exercise of
functions under section 2A or 2B of, or paragraph 7C,
10
8 or 12 of Schedule 1 to, the National Health Service
Act 2006,
(gb)
the National Health Service Commissioning Board,
(gc)
any commissioning consortium (established under
section 14D of the National Health Service Act 2006)
15
for an area wholly or partly in Greater London,”.
Care Standards Act 2000 (c. 14)
90
In section 121 of the Care Standards Act 2000 (interpretation), in subsection
(1) in the definition of “National Health Service body”—
(a)
omit “a Strategic Health Authority,”, and
20
(b)
omit “, a Primary Care Trust”.
Government Resources and Accounts Act 2000 (c. 20)
91    (1)
Section 14 of the Government Resources and Accounts Act 2000
(summarised accounts) is amended as follows.
      (2)
In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health
25
Service Act 2006 or”.
      (3)
Omit subsection (3).
      (4)
In subsection (4) for “that subsection” substitute “subsection (1)”.
Local Government Act 2000 (c. 22)
92
In section 21C of the Local Government Act 2000 (reports and
30
recommendations of overview and scrutiny committees: duties of certain
bodies), in subsection (6)—
(a)
before paragraph (b) insert—
“(aa)
the National Health Service Commissioning Board,
(ab)
a commissioning consortium, or”.
35
(b)
omit paragraph (c) and the preceding “or”.
Freedom of Information Act 2000 (c. 36)
93
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales)—
(a)
omit paragraph 36A,
40

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
308

(b)
before paragraph 38 insert—
“37A
The National Health Service Commissioning Board.
37B
A commissioning consortium established under section
14D of the National Health Service Act 2006.”, and
(c)
omit paragraph 39.
5
International Development Act 2002 (c. 1)
94
In Schedule 1 to the International Development Act 2002 (Statutory bodies
to which section 9 applies)—
(a)
before the entry for a Health Board insert—
     “the National Health Service Commissioning Board
10
       a commissioning consortium”,
(b)
omit the entry for a Primary Care Trust, and
(c)
omit the entry for a Strategic Health Authority.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
95
The National Health Service Reform and Health Care Professions Act 2002
15
is amended as follows.
96
Omit Schedule 1 (English health authorities: change of name to Strategic
Health Authorities).
97
Omit Schedule 2 (consequential amendments concerning the reallocation of
functions to Primary Care Trusts).
20
Adoption and Children Act 2002 (c. 38)
98
The Adoption and Children Act 2002 is amended as follows.
99
In section 4 (assessments etc for adoption support services), in subsection
(9)—
(a)
before paragraph (a) insert—
25
“(za)
there may be a need for the provision to that person of
services that may be provided pursuant to
arrangements made by a commissioning consortium
under the National Health Service Act 2006,”,
(b)
in paragraph (a) omit “a Primary Care Trust”, and
30
(c)
in the text following paragraph (b)—
(i)
after “notify that” insert “commissioning consortium,”, and
(ii)
omit “Primary Care Trust,”.
100
In section 8 (bodies which cannot be adoption support agencies), in
subsection (2)—
35
(a)
before paragraph (d) insert—
“(ca)
the National Health Service Commissioning Board,”,
and
(b)
in paragraph (d)—
(i)
omit “, Primary Care Trust”, and
40
(ii)
before “(in Wales,” insert “, commissioning consortium”.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
309

Nationality, Immigration and Asylum Act 2002 (c. 41)
101
In section 133(4) of the Nationality, Immigration and Asylum Act 2002
(power of medical inspector to disclose information to health service
bodies), in paragraph (a)—
(a)
omit sub-paragraph (i),
5
(b)
before sub-paragraph (ii) insert—
“(ia)
the National Health Service Commissioning
Board,
(ib)
a commissioning consortium established
under section 14D of the National Health
10
Service Act 2006,
(ic)
a local authority in relation to the exercise of
functions under section 2B or 111 of, or any of
paragraphs 1 to 7B or 13 of Schedule 1 to, the
National Health Service Act 2006,”, and
15
(c)
omit sub-paragraph (iii).
Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
102
The Community Care (Delayed Discharges etc.) Act 2003 is amended as
follows.
103
In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in
20
subsection (1), in the definition of “NHS body” in paragraph (b) omit “a
Primary Care Trust (in England) or”.
104
In section 9 (dispute resolution)—
(a)
in subsection (1) omit “by Strategic Health Authorities in England
and”,
25
(b)
at the end of that subsection insert “in relation to Wales”,
(c)
in subsection (2) omit —
(i)
“Strategic Health Authority or”, and
(ii)
“Authority or”,
(d)
in subsection (3)—
30
(i)
for “the appropriate Minister” substitute “the Welsh
Ministers”,
(ii)
omit “a Strategic Health Authority or”, and
(iii)
omit “Authority or”, and
(e)
in subsection (4)(a) omit “Strategic Health Authority or”.
35
Licensing Act 2003 (c. 17)
105
In section 16 of the Licensing Act 2003 (applicant for premises licence), in
subsection (3), in the definition of “health service body” omit paragraph (b).
Sexual Offences Act 2003 (c. 42)
106
In section 42 of the Sexual Offences Act 2003 (care workers: interpretation)
40
in subsection (5), in the definition of “National Health Service body”—
(a)
after paragraph (b) insert—
“(ba)
the Secretary of State in relation to the exercise of
functions under section 2A or 2B of, or paragraph 7C,

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
310

8 or 12 of Schedule 1 to, the National Health Service
Act 2006,
(bb)
a local authority in relation to the exercise of functions
under section 2B or 111 of, or any of paragraphs 1 to
7B, or 13 of Schedule 1 to, the National Health Service
5
Act 2006,”, and
(b)
omit paragraph (c).
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
107
The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.
10
108
In section 45 (quality in health care), in subsection (4), omit “, or under
regulations under section 12A(4),”.
109
In section 71 (reporting to Secretary of State and regulator)—
(a)
in subsection (2), after “special measures” insert “or request another
person to take special measures”, and
15
(b)
omit subsections (3) and (4).
110
In section 148 (interpretation of Part 2), in the definition of “English NHS
body”—
(a)
omit paragraph (a),
(b)
omit paragraph (b), and
20
(c)
before paragraph (d) insert—
“(ca)
the National Health Service Commissioning Board;
(cb)
a commissioning consortium;”.
111
In section 160 (provision of information)—
(a)
in subsection (1), after paragraph (g) insert—
25
“(h)
if the injured person received NHS treatment
pursuant to arrangements made by a commissioning
consortium under section 3 or 3A of the National
Health Service Act 2006, the commissioning
consortium.”, and
30
(b)
in subsection (4), in the definition of “responsible body” omit
paragraph (a)(ii) and the word “or” preceding it.’.
112
In section 165 (power to apply provisions about recovery of charges to non-
NHS hospitals), in subsection (3)(b)—
(a)
omit sub-paragraph (i), and
35
(b)
before sub-paragraph (ii) insert—
“(ia)
the National Health Service Commissioning
Board,
(ib)
a commissioning consortium,”.
Criminal Justice Act 2003 (c. 44)
40
113
In section 325 of the Criminal Justice Act 2003 (arrangements for assessing
etc risks posed by certain offenders)—
(a)
after subsection (6)(b) insert—
“(ba)
the National Health Service Commissioning Board,”,