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
311

(b)
after subsection (6)(d) insert—
“(da)
every local authority (in its capacity as a person
exercising functions for the purposes of the health
service) any part of whose area falls within the
relevant area,”,
5
(c)
in subsection (6)(f) omit “or Strategic Health Authority”,
(d)
in subsection (6)(g)—
(i)
after “every” insert “commissioning consortium or”, and
(ii)
omit “Primary Care Trust or”.
Carers (Equal Opportunities) Act 2004 (c. 15)
10
114   (1)
Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation
between authorities) is amended as follows.
      (2)
In subsection (2)(b) after “by” (in the second place it occurs) insert “or in
pursuance of arrangements made by”.
      (3)
In subsection (3) after “provide” insert “or arrange for the provision of”.
15
      (4)
In subsection (5)—
(a)
omit the “and” at the end of paragraph (c) and insert—
“(ca)
the National Health Service Commissioning Board,
and”, and
(b)
in paragraph (d)—
20
(i)
after “any” insert “commissioning consortium,”, and
(ii)
omit “Primary Care Trust”.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
115
In section 9 of the Domestic Violence, Crime and Victims Act 2004
(establishment and conduct of domestic homicide reviews), in the list in
25
subsection (4)(a)—
(a)
after the entry for local probation boards insert—
“the National Health Service Commissioning Board;
commissioning consortia established under section 14D
of the National Health Service Act 2006;”,
30
(b)
omit the entry for Strategic Health Authorities, and
(c)
omit the entry for Primary Care Trusts.
Children Act 2004 (c. 31)
116
The Children Act 2004 is amended as follows.
117
In section 10 (co-operation to improve wellbeing), in subsection (4)—
35
(a)
after paragraph (d) insert—
“(da)
the National Health Service Commissioning Board;
(b)
after paragraph (da) (as inserted by paragraph (a) above) insert—
“(db)
any commissioning consortium for an area any part
of which falls within the area of the authority;”, and
40
(c)
omit paragraph (e).

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
312

118
In section 11 (arrangements to safeguard and promote welfare), in
subsection (1)—
(a)
after paragraph (b) insert—
“(ba)
the National Health Service Commissioning Board;”
(b)
after paragraph (ba) (as inserted by paragraph (a) above) insert—
5
“(bb)
a commissioning consortium;”,
(c)
omit paragraph (c), and
(d)
omit paragraph (e).
119
In section 12A (establishment of children’s trust boards), after subsection (7)
at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.
10
120
In section 13 (establishment of Local Safeguarding Children Boards), in
subsection (3)—
(a)
after paragraph (d) insert—
“(da)
the National Health Service Commissioning Board;”,
(b)
after paragraph (da) insert—
15
“(db)
any commissioning consortium for an area any part
of which falls within the area of the authority;”, and
(c)
omit paragraph (e).
Mental Capacity Act 2005 (c. 9)
121
The Mental Capacity Act 2005 is amended as follows.
20
122
In section 35 (appointment of independent mental capacity advocates)—
(a)
in subsection (1), for “appropriate authority” substitute “responsible
authority”,
(b)
in subsection (4), for “appropriate authority” substitute “responsible
authority”, and
25
(c)
after subsection (6) insert—
“(6A)
In subsections (1) and (4), “the responsible authority”
means—
(a)
in relation to the provision of the services of
independent mental capacity advocates in the area of
30
a local authority in England, that local authority, and
(b)
in relation to the provision of the services of
independent mental capacity advocates in Wales, the
Welsh Ministers.
(6B)
In subsection (6A)(a), “local authority” has the meaning
35
given in section 64(1) except that it does not include the
council of a county or county borough in Wales.”
123
In section 64 (interpretation), in subsection (1) in the definition of “local
authority”, after “except in” insert “section 35(6A)(a) and”.
124   (1)
Schedule A1 (hospital and care home residents: deprivation of liberty) is
40
amended as follows.
      (2)
In paragraph 176 (meaning of “managing authority”), in sub-paragraph
(1)—
(a)
in paragraph (a) omit “Primary Care Trust,”,
(b)
in that paragraph omit “Strategic Health Authority,”, and
45

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
313

(c)
in paragraph (b) omit “Primary Care Trust,”.
      (3)
In paragraph 180 (supervisory bodies: hospitals in England)—
(a)
for sub-paragraph (2) substitute—
    “(2)
If the relevant person is ordinarily resident in the area of a
local authority in England, the supervisory body are that
5
local authority.”
(b)
in sub-paragraph (3), after “If” insert “the relevant person is not
ordinarily resident in England and”,
(c)
in sub-paragraph (4), for “the Primary Care Trust” substitute “the
local authority”,
10
(d)
after sub-paragraph (4) insert—
   “(4A)
“Local authority” means—
(a)
the council of a county;
(b)
the council of a district for which there is no county
council;
15
(c)
the council of a London borough;
(d)
the Common Council of the City of London;
(e)
the Council of the Isles of Scilly.”, and
(e)
in sub-paragraph (5), for “Primary Care Trusts” substitute “local
authorities”.
20
      (4)
In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-
paragraph (3) substitute—
    “(3)
But if the relevant person is ordinarily resident in the area of a
local authority in England, the supervisory body are that local
authority.
25
      (4)
“Local authority” means—
(a)
the council of a county;
(b)
the council of a district for which there is no county
council;
(c)
the council of a London borough;
30
(d)
the Common Council of the City of London;
(e)
the Council of the Isles of Scilly.”
      (5)
Before paragraph 183 insert the following heading—
“Supervisory bodies: determination of place of ordinary residence”.
      (6)
In that paragraph—
35
(a)
in sub-paragraph (1), for “paragraph” substitute “paragraphs 180,
181 and”, and
(b)
in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to
any determination of where a person is ordinarily resident for the
purposes of paragraph 182”.
40
Childcare Act 2006 (c. 21)
125
In section 4 of the Childcare Act 2006 (duty of local authority and relevant
partners to work together), in subsection (1)—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
314

(a)
before paragraph (a) insert—
“(za)
the National Health Service Commissioning Board;”,
and
(b)
in paragraph (a)—
(i)
at the beginning insert “a commissioning consortium”,
5
(ii)
omit “a Strategic Health Authority”, and
(iii)
omit “or Primary Care Trust”.
Emergency Workers (Obstruction) Act 2006 (c. 39)
126
In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing
emergency workers)—
10
(a)
in subsection (5), in paragraph (a)—
(i)
after “Wales,” insert “the Secretary of State in the exercise of
public health functions, a local authority in the exercise of
public health functions, the National Health Service
Commissioning Board, a commissioning consortium,”, and
15
(ii)
omit “, Primary Care Trust”, and
(b)
after that subsection insert—
“(6)
In subsection (5)(a) above “public health functions”—
(a)
in relation to the Secretary of State, has the same
meaning as in section 1(2B)(a) of the National Health
20
Service Act 2006;
(b)
in relation to a local authority, has the same meaning
as in section 1(2B)(b) of that Act.”
National Health Service (Consequential Provisions) Act 2006 (c. 43)
127
In Schedule 1 to the National Health Service (Consequential Provisions) Act
25
2006—
(a)
omit paragraphs 2(  b), 30 (and the cross-heading preceding it), 47(b),
54(b), 90(e), 112(a), 125(c), 141(a), 170(b), 179(b)(iv), 180(c), 211(d),
228(a), 233(c), 234(c), 271(c) and 294 (which make amendments
relating to Primary Care Trusts), and
30
(b)
omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a),
228(c), 233(a), 234(a) and 271(e) (which make amendments relating to
Strategic Health Authorities).
NHS Redress Act 2006 (c. 44)
128
The NHS Redress Act 2006 is amended as follows.
35
129
In section 1, in subsection (3)—
(a)
after paragraph (a) insert—
“(aa)
the National Health Service Commissioning Board,
(ab)
a commissioning consortium,”,
(b)
omit paragraph (b),
40
(c)
omit paragraph (c), and
(d)
in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.
130
In section 18 (interpretation), in subsection (1) omit the definition of
“designated Strategic Health Authority”.

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
315

Safeguarding Vulnerable Groups Act 2006 (c. 47)
131
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
132
In section 6 (regulated activity providers)—
(a)
omit subsection (8D), and
(b)
before subsection (9) insert—
5
“(8E)
The National Health Service Commissioning Board or a
commissioning consortium does not make arrangements for
another to engage in a regulated activity by virtue of
anything the Board or the consortium does under section 12A
or 12D, or regulations under 12B, of the National Health
10
Service Act 2006 (direct payments for health services).”
133
In section 17 (NHS employment) in subsection (3)—
(a)
before paragraph (a) insert—
“(za)
the National Health Service Commissioning Board;
(zb)
a commissioning consortium;”,
15
(b)
omit paragraph (b), and
(c)
omit paragraph (f).
134   (1)
Section 21 (controlled activity relating to children) is amended as follows.
      (2)
In subsection (5)(a), omit “, or regulations under section 12A(4),”.
      (3)
In subsection (8)(aa), omit “, or under regulations under section 12A(4),”.
20
135
In section 22 (controlled activity relating to vulnerable adults), in subsection
(6) in the definition of “hospital services” omit paragraph (d).
136
In section 59 (vulnerable adults), in subsection (1)(ia), omit “, or under
regulations under section 12A(4),”.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
25
137
In section 6 of the Corporate Manslaughter and Corporate Homicide Act
2007 (emergencies), in subsection (7) in the definition of “relevant NHS
body”—
(a)
before paragraph (a) insert—
“(za)
the National Health Service Commissioning Board;”,
30
and
(b)
in paragraph (a)—
(i)
at the beginning insert “a commissioning consortium,”
(ii)
omit “a Strategic Health Authority,”, and
(iii)
omit “Primary Care Trust,”.
35
Local Government and Public Involvement in Health Act 2007 (c. 28)
138
The Local Government and Public Involvement in Health Act 2007 is
amended as follows.
139   (1)
Section 222 (arrangements relating to local care services) is amended as
follows.
40
      (2)
In subsection (3)—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
316

(a)
after paragraph (c) insert “or
(ca)
a commissioning consortium.”,
(b)
omit paragraph (d), and
(c)
omit paragraph (e) and the preceding “or”.
      (3)
After that subsection insert—
5
“(3A)
The arrangements must not be made with the National Health
Service Commissioning Board.”
140
In section 224 (duties of services-providers to respond to local involvement
networks), in subsection (2), omit paragraph (c).
141
In section 225 (duties of services-providers to allow entry by local
10
involvement networks), in subsection (7), omit paragraph (c).
142
In section 227 (annual reports), in subsection (4)(b)—
(a)
omit “each Primary Care Trust,”,
(b)
omit “and”,
(c)
omit “each Strategic Health Authority,”, and
15
(d)
omit the words from “any” to the end.
Criminal Justice and Immigration Act 2008 (c. 4)
143
In section 119 of the Criminal Justice and Immigration Act 2008 (offence of
causing nuisance or disturbance on NHS premises), in subsection (4) in the
definition of “relevant English NHS body”, omit paragraph (b).
20
Health and Social Care Act 2008 (c. 14)
144
The Health and Social Care Act 2008 is amended as follows.
145
In section 30 (urgent procedure for cancellation), in subsection (3)—
(a)
before paragraph (a) insert—
“(za)
in any case where regulations so provide, to the
25
National Health Service Commissioning Board,”,
(b)
in paragraph (a)—
(i)
at the beginning insert “in any case where regulations so
provide,”,
(ii)
after “such” insert “commissioning consortium”, and
30
(iii)
omit “Primary Care Trust”, and
(c)
omit paragraph (b).
146
In section 39 (bodies required to be notified of certain matters), in subsection
(1)—
(a)
before paragraph (a) insert—
35
“(za)
in any case where regulations so provide, to the
National Health Service Commissioning Board,”,
(b)
in paragraph (a)—
(i)
at the beginning insert “in any case where regulations so
provide,”,
40
(ii)
after “such” insert “commissioning consortium”, and
(iii)
omit “Primary Care Trust”, and
(c)
omit paragraph (b).

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
317

147
In section 46 (reviews and investigations)—
(a)
omit subsection (1),
(b)
omit subsection (2), and
(c)
in subsections (4) and (6)(a), for “a body’s” substitute “a local
authority’s”.
5
148
In section 48 (special reviews and investigations)—
(a)
in subsection (2) after paragraph (b) (and before the “or”
immediately following it) insert—
“(ba)
the exercise of the functions of the National Health
Service Commissioning Board or a commissioning
10
consortium in arranging for the provision of NHS
care under the National Health Service Act 2006,”,
(b)
in subsection (8) omit paragraph (a) and the word “or” immediately
following it.
149
In section 49 (power to extend periodic review function), in subsection (3)—
15
(a)
omit “a Primary Care Trust,”, and
(b)
omit “another English NHS provider or”.
150
In section 54 (studies as to economy, efficiency etc)—
(a)
omit subsection (2)(b), and
(b)
in subsection (5) after “reference to” insert “the National Health
20
Service Commissioning Board, a commissioning consortium or”.
151
In section 59 (additional functions) at the end insert—
“(3)
The references in subsection (1) to English NHS bodies do not
include references to the National Health Service Commissioning
Board or commissioning consortia.”
25
152
In section 64 (power to require documents and information), in subsection
(2)(b)—
(a)
after “commissioned by” insert “—
(i)
the National Health Service Commissioning
Board,
30
(ii)
a commissioning consortium, or
(iii)
”, and
(b)
omit “a Primary Care Trust”.
153
In section 70 (co-operation between the Care Quality Commission and the
Independent Regulator of NHS foundation trusts, in subsection (3)(a) omit
35
“section 46 or”.
154
In section 72 (provision of material to the Comptroller and Auditor
General)—
(a)
omit paragraph (a), and
(b)
in paragraph (b), for “such a body” substitute “an English NHS
40
body”.
155
In section 81 (publication of programme of reviews etc), in subsection (2)
after paragraph (a) and before the “and” immediately following it insert—
“(aa)
the National Health Service Commissioning Board,”.
156   (1)
Section 97 (general interpretation of Part 1) is amended as follows.
45