|
| |
|
(2) | In subsection (1) in the definition of “English NHS body”— |
| |
| |
(b) | omit paragraph (b), and |
| |
(c) | before paragraph (d) insert— |
| |
“(ca) | the National Health Service Commissioning |
| 5 |
| |
(cb) | a commissioning consortium,”. |
| |
(3) | In that subsection in the definition of “English NHS provider” omit |
| |
| |
(4) | In that subsection in the definition of “NHS care”— |
| 10 |
(a) | after “health care” insert “— |
| |
(a) | commissioned by the National Health Service |
| |
Commissioning Board or by a commissioning |
| |
consortium (whether from an English NHS |
| |
| 15 |
| |
(b) | omit from “provided by” to the end. |
| |
(5) | After subsection (2) insert— |
| |
“(2A) | Any reference in this Part to health care commissioned by the |
| |
National Health Service Commissioning Board or by a |
| 20 |
commissioning consortium is a reference to health care provided by |
| |
other persons pursuant to arrangements made by the Board or a |
| |
consortium under the National Health Service Act 2006 (including |
| |
arrangements so made by virtue of section 7A or 12 of that Act).” |
| |
| 25 |
157 | In section 153 (directions to certain NHS bodies) in subsection (1)— |
| |
(a) | omit paragraph (a), and |
| |
| |
Education and Skills Act 2008 (c. 25) |
| |
158 | The Education and Skills Act 2008 is amended as follows. |
| 30 |
159 | In section 16 (supply of information by public bodies), in subsection (2)— |
| |
| |
(b) | omit paragraph (d), and |
| |
(c) | before paragraph (e) insert— |
| |
“(da) | a commissioning consortium,”. |
| 35 |
160 | In section 77 (supply of information by public bodies), in subsection (2)— |
| |
| |
(b) | omit paragraph (d), and |
| |
(c) | before paragraph (e) insert— |
| |
“(da) | a commissioning consortium,”. |
| 40 |
| |
161 | In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the |
| |
definition of “NHS body”— |
| |
|
| |
|
| |
|
| |
(b) | omit paragraph (b), and |
| |
(c) | before paragraph (d) insert— |
| |
“(ca) | the National Health Service Commissioning |
| |
| 5 |
(cb) | a commissioning consortium;”. |
| |
Local Democracy, Economic Development and Construction Act 2009 (c. 20) |
| |
162 | The Local Democracy, Economic Development and Construction Act 2009 is |
| |
| |
163 | In section 2 (duty to promote understanding of functions of certain public |
| 10 |
| |
(a) | in subsection (2), in paragraph (c) after “under” insert “section 2A or |
| |
2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health |
| |
| |
(b) | in that subsection, after paragraph (e) insert— |
| 15 |
“(ea) | the National Health Service Commissioning Board, so |
| |
far as exercising functions in respect of the principal |
| |
local authority’s area;”, |
| |
(c) | in subsection (3), after paragraph (k) insert— |
| |
“(ka) | a commissioning consortium;”, and |
| 20 |
| |
(i) | omit paragraph (l), and |
| |
| |
164 | In section 123 (partner authorities), in subsection (2)— |
| |
(a) | after paragraph (h) insert— |
| 25 |
“(ha) | a commissioning consortium;”, and |
| |
| |
| |
165 | The Health Act 2009 is amended as follows. |
| |
166 | In each of the following provisions for “NHS services” substitute “health |
| 30 |
| |
| |
(b) | section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and |
| |
(c) | the definitions of “carers”, “patients” and “staff” in section 3(7). |
| |
167 (1) | Section 2 (duty to have regard to NHS constitution) is amended as follows. |
| 35 |
(2) | In subsection (1), for “NHS functions” substitute “health service functions”. |
| |
| |
| |
(b) | omit paragraph (b), and |
| |
(c) | before paragraph (d) insert— |
| 40 |
“(ca) | the National Health Service Commissioning Board; |
| |
(cb) | commissioning consortia; |
| |
|
| |
|
| |
|
(cc) | local authorities (within the meaning of section 2B of |
| |
the National Health Service Act 2006);”. |
| |
(4) | In subsection (3), for “an “NHS function”” substitute “a “health service |
| |
| |
| 5 |
(a) | before paragraph (a) insert— |
| |
“(za) | provides health services under arrangements made |
| |
by the National Health Service Commissioning Board |
| |
or a commissioning consortium under or by virtue of |
| |
section 3, 3A, 3B or 4 of, or Schedule 1 to, the National |
| 10 |
Health Service Act 2006,”, |
| |
(b) | omit the word “or” at the end of paragraph (a), and |
| |
(c) | after paragraph (b) insert ‘, or |
| |
(c) | provides health services under arrangements made |
| |
by a local authority for the purposes of its functions |
| 15 |
under or by virtue of section 2B or 6C(1) of, or |
| |
Schedule 1 to, that Act.” |
| |
(6) | In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za), |
| |
| |
168 (1) | Section 3 (availability and review of NHS constitution) is amended as |
| 20 |
| |
(2) | In subsection (3), omit paragraph (d). |
| |
| |
169 (1) | Section 8 (duty of providers to publish information) is amended as follows. |
| |
(2) | In subsection (1) for “NHS services” (in each place where it occurs) substitute |
| 25 |
“relevant health services”. |
| |
(3) | Omit subsection (2)(a). |
| |
(4) | In subsection (3) for paragraphs (a) to (c) substitute— |
| |
“(a) | provides health services as mentioned in section 2(4)(za) or |
| |
| 30 |
(b) | in pursuance of a contract, agreement or arrangements as |
| |
mentioned in section 2(4)(za) or (a), makes arrangements for |
| |
another person to provide health services,”. |
| |
(5) | For subsection (6) substitute— |
| |
| 35 |
“health services” has the same meaning as in Chapter 1; |
| |
“relevant health services” means health services the provision |
| |
of which is arranged by the National Health Service |
| |
Commissioning Board or a commissioning consortium under |
| |
or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the |
| 40 |
National Health Service Act 2006 or under or by virtue of |
| |
Parts 4 to 7 of that Act.” |
| |
170 | In section 9 (supplementary provision about the duty to publish |
| |
information), in subsection (3), for “a Strategic Health Authority” substitute |
| |
| 45 |
|
| |
|
| |
|
Equality Act 2010 (c. 15) |
| |
171 | The Equality Act 2010 is amended as follows. |
| |
172 | In section 1 (public sector duty regarding socio-economic inequalities), in |
| |
| |
(a) | omit paragraph (h), and |
| 5 |
| |
173 | In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the |
| |
group of entries that includes entries for bodies whose functions relate to the |
| |
| |
(a) | at the beginning insert— |
| 10 |
“The National Health Service Commissioning Board. |
| |
A commissioning consortium established under section 14D of the |
| |
National Health Service Act 2006.”, |
| |
(b) | in the entry for an NHS trust, for “that Act” substitute “the National |
| |
Health Service Act 2006”, |
| 15 |
(c) | omit the entry for a Primary Care Trust, and |
| |
(d) | omit the entry for a Strategic Health Authority. |
| |
Child Poverty Act 2010 (c. 9) |
| |
174 | In section 20 of the Child Poverty Act 2010 (partner authorities), in |
| |
| 20 |
(a) | after paragraph (e) insert— |
| |
“(ea) | a commissioning consortium;”, |
| |
(b) | omit paragraph (f), and |
| |
| |
| 25 |
| |
Part 1: transitional provision |
| |
| |
1 (1) | This paragraph applies for the purposes of this Schedule. |
| |
(2) | “The initial period” means the period that— |
| |
(a) | begins with the commencement of section 21, and |
| 30 |
(b) | ends with the day specified by the Secretary of State for the purposes |
| |
of section 14A of the 2006 Act (as inserted by section 21). |
| |
(3) | “An initial application” means an application under section 14B of that Act |
| |
which is made during the initial period. |
| |
(4) | “The Board” means the National Health Service Commissioning Board. |
| 35 |
(5) | “The 2006 Act” means the National Health Service Act 2006. |
| |
Directions under section 7 of the 2006 Act |
| |
2 (1) | This paragraph applies if section 17 is commenced before section 29(1). |
| |
|
| |
|
| |
|
(2) | Until section 29(1) is commenced, section 7(1) of the 2006 Act has effect as if |
| |
after “Special Health Authority” there were inserted “or Primary Care |
| |
| |
(3) | Sub-paragraph (4) applies in relation to any direction given under section |
| |
7(1) of the 2006 Act to a Primary Care Trust which has effect immediately |
| 5 |
before section 17 is commenced. |
| |
(4) | Until section 29(1) is commenced, the direction continues to have effect as if |
| |
given to the Primary Care Trust under section 7(1) of the 2006 Act (as it has |
| |
effect by virtue of sub-paragraph (2)). |
| |
(5) | Sub-paragraph (6) applies in relation to any direction given under section |
| 10 |
7(2) of the 2006 Act to a Special Health Authority in respect of the functions |
| |
of a Primary Care Trust which has effect immediately before section 17 is |
| |
| |
(6) | Until section 29(1) is commenced, the direction continues to have effect as if |
| |
given to the Special Health Authority in respect of the functions of the |
| 15 |
Primary Care Trust under section 7(1) of the 2006 Act. |
| |
(7) | Any reference in this paragraph to section 7(1) of the 2006 Act is a reference |
| |
to that provision as amended by section 17. |
| |
3 (1) | Sub-paragraph (2) applies in relation to any direction given under section |
| |
7(1) of the 2006 Act to a Special Health Authority which has effect |
| 20 |
immediately before section 17 is commenced. |
| |
(2) | The direction continues to have effect on and after the commencement of |
| |
that section as if given under section 7(1) of the 2006 Act (as amended by |
| |
| |
Exercise of Secretary of State’s functions in relation to Primary Care Trusts |
| 25 |
4 (1) | The Secretary of State may, at any time during the initial period, direct the |
| |
Board to exercise any functions of the Secretary of State that— |
| |
(a) | relate to Primary Care Trusts, and |
| |
(b) | are specified in the direction. |
| |
(2) | Sub-paragraph (1) does not apply to any power or duty of the Secretary of |
| 30 |
State to make an order or regulations. |
| |
(3) | Any rights acquired, or liabilities (including liabilities in tort) incurred, in |
| |
respect of the exercise by the Board of any function exercisable by it by virtue |
| |
of sub-paragraph (1) are enforceable by or against the Board (and no other |
| |
| 35 |
Conditional establishment of commissioning consortia |
| |
5 (1) | Regulations may make provision authorising the Board to grant an initial |
| |
application where the Board is not satisfied as to the matters mentioned in |
| |
section 14C(2) of the 2006 Act. |
| |
(2) | In the following provisions of this paragraph, any reference to the grant of |
| 40 |
an initial application is a reference to the grant of such an application by |
| |
virtue of the regulations. |
| |
|
| |
|
| |
|
(3) | The regulations may authorise the Board to impose conditions on the grant |
| |
of an initial application. |
| |
(4) | The regulations may, in relation to a commissioning consortium established |
| |
under section 14D of the 2006 Act on the grant of an initial application, |
| |
| 5 |
(a) | to direct the consortium not to exercise any functions specified in the |
| |
| |
(b) | to give directions to the consortium about the exercise of any of its |
| |
| |
(5) | If the regulations authorise the Board to give a direction mentioned in sub- |
| 10 |
paragraph (4)(a), they may also authorise or require the Board to— |
| |
(a) | exercise any functions specified in such a direction on behalf of the |
| |
commissioning consortium; |
| |
(b) | arrange for another commissioning consortium to exercise those |
| |
functions on behalf of the consortium. |
| 15 |
(6) | The 2006 Act applies in relation to a commissioning consortium established |
| |
on the grant of an initial application with such modifications as may be |
| |
specified in the regulations. |
| |
(7) | The regulations may, in particular, provide for the power in section 14Z6(7) |
| |
of the 2006 Act to be exercisable by the Board where a commissioning |
| 20 |
consortium is failing or has failed to comply with any conditions imposed |
| |
by virtue of the regulations. |
| |
(8) | The regulations may make provision requiring the Board to keep under |
| |
review any conditions imposed or directions given by virtue of the |
| |
| 25 |
(9) | The regulations must make provision authorising the Board to vary or |
| |
remove any conditions imposed, or to vary or revoke any directions given, |
| |
by virtue of the regulations. |
| |
(10) | The regulations may make provision— |
| |
(a) | as to factors which the Board must or may take into account in |
| 30 |
deciding how to exercise any power conferred on the Board by the |
| |
| |
(b) | as to the procedure to be followed by the Board before exercising any |
| |
| |
(11) | Sub-paragraph (12) applies if all the conditions imposed and directions |
| 35 |
given in relation to a commissioning consortium are removed or (as the case |
| |
| |
(12) | In relation to any time after the day on which the consortium ceases to be |
| |
subject to any conditions or directions, the consortium is to be deemed to |
| |
have been established by virtue of an application granted under section 14C |
| 40 |
| |
Exercise of functions of consortia during initial period |
| |
6 (1) | This paragraph applies to a commissioning consortium if the application for |
| |
its establishment is granted under section 14C of the 2006 Act during the |
| |
| 45 |
|
| |
|
| |
|
(2) | The Board may direct that, during that period, the commissioning |
| |
consortium may only exercise such of its functions as are specified in the |
| |
| |
Preparatory work by consortia during initial period |
| |
7 (1) | This paragraph applies to a commissioning consortium which is prevented |
| 5 |
by a direction given by virtue of paragraph 3 or 4 of this Schedule from |
| |
| |
(2) | The giving of the direction does not prevent the consortium from doing |
| |
anything that appears to it to be necessary or expedient for the purpose of |
| |
preparing it to exercise that function. |
| 10 |
Arrangements between PCTs and consortia during initial period |
| |
8 | A Primary Care Trust may at any time during the initial period make |
| |
arrangements with a commissioning consortium under which the |
| |
consortium exercises any functions of the Primary Care Trust on its behalf. |
| |
| 15 |
| |
| |
Abolition of the Health Protection Agency: consequential amendments |
| |
Parliamentary Commissioner Act 1967 (c. 13) |
| |
1 | In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. |
| |
subject to investigation)— |
| 20 |
(a) | omit the entry for the Health Protection Agency, and |
| |
(b) | in the Notes, omit the paragraph on the Health Protection Agency. |
| |
Superannuation Act 1972 (c. 11) |
| |
2 | In Schedule 1 to the Superannuation Act 1972 (kinds of employment to |
| |
which a scheme under section 1 of that Act can apply), omit the entry for the |
| 25 |
Health Protection Agency. |
| |
Local Government Act 1972 (c. 70) |
| |
3 | In section 113 of the Local Government Act 1972 (placing of staff of local |
| |
authorities at disposal of other local authorities), in subsection (1A) omit |
| |
“the Health Protection Agency,” in each place it occurs. |
| 30 |
Health and Safety at Work etc. Act 1974 (c. 37) |
| |
4 | The Health and Safety at Work etc. Act 1974 is amended as follows. |
| |
5 | In section 16 (approval of codes of practice), in subsection (2)(a) omit the |
| |
words from “(and, in particular,” to the end. |
| |
6 | In section 50 (exercise of certain powers to make regulations), in subsection |
| 35 |
(3)(a) omit the words from “, and, in the case of” to “the Health Protection |
| |
| |
|
| |
|