|
| |
|
(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 |
| |
| 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 |
| |
(a) | omit the “and” at the end of paragraph (c) and insert— |
| |
“(ca) | the National Health Service Commissioning Board, |
| |
| |
| 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 |
| |
(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 |
| |
|
| |
|
| |
|
118 | In section 11 (arrangements to safeguard and promote welfare), in |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(b) | in subsection (4), for “appropriate authority” substitute “responsible |
| |
| 25 |
(c) | after subsection (6) insert— |
| |
“(6A) | In subsections (1) and (4), “the responsible authority” |
| |
| |
(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 |
| |
| |
(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 |
| |
(2) | In paragraph 176 (meaning of “managing authority”), in sub-paragraph |
| |
| |
(a) | in paragraph (a) omit “Primary Care Trust,”, |
| |
(b) | in that paragraph omit “Strategic Health Authority,”, and |
| 45 |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
| 25 |
(4) | “Local authority” means— |
| |
(a) | the council of a county; |
| |
(b) | the council of a district for which there is no county |
| |
| |
(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”. |
| |
| 35 |
(a) | in sub-paragraph (1), for “paragraph” substitute “paragraphs 180, |
| |
| |
(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)— |
| |
|
| |
|
| |
|
(a) | before paragraph (a) insert— |
| |
“(za) | the National Health Service Commissioning Board;”, |
| |
| |
| |
(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 |
| |
| 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 |
| |
(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 |
| |
(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,”, |
| |
| 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”. |
| |
|
| |
|
| |
|
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 |
| |
| |
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 |
| |
| |
(a) | before paragraph (a) insert— |
| |
“(za) | the National Health Service Commissioning Board;”, |
| 30 |
| |
| |
(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 |
| |
| |
139 (1) | Section 222 (arrangements relating to local care services) is amended as |
| |
| 40 |
| |
|
| |
|
| |
|
(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,”, |
| |
| |
(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,”, |
| |
| |
(i) | at the beginning insert “in any case where regulations so |
| |
| |
(ii) | after “such” insert “commissioning consortium”, and |
| 30 |
(iii) | omit “Primary Care Trust”, and |
| |
| |
146 | In section 39 (bodies required to be notified of certain matters), in subsection |
| |
| |
(a) | before paragraph (a) insert— |
| 35 |
“(za) | in any case where regulations so provide, to the |
| |
National Health Service Commissioning Board,”, |
| |
| |
(i) | at the beginning insert “in any case where regulations so |
| |
| 40 |
(ii) | after “such” insert “commissioning consortium”, and |
| |
(iii) | omit “Primary Care Trust”, and |
| |
| |
|
| |
|
| |
|
147 | In section 46 (reviews and investigations)— |
| |
| |
(b) | omit subsection (2), and |
| |
(c) | in subsections (4) and (6)(a), for “a body’s” substitute “a local |
| |
| 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 |
| |
| |
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 |
| |
| |
(a) | after “commissioned by” insert “— |
| |
(i) | the National Health Service Commissioning |
| |
| 30 |
(ii) | a commissioning consortium, or |
| |
| |
(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 |
| |
154 | In section 72 (provision of material to the Comptroller and Auditor |
| |
| |
(a) | omit paragraph (a), and |
| |
(b) | in paragraph (b), for “such a body” substitute “an English NHS |
| 40 |
| |
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 |
|
| |
|