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
318

      (2)
In subsection (1) in the definition of “English NHS body”—
(a)
omit paragraph (a),
(b)
omit paragraph (b), and
(c)
before paragraph (d) insert—
“(ca)
the National Health Service Commissioning
5
Board,
(cb)
a commissioning consortium,”.
      (3)
In that subsection in the definition of “English NHS provider” omit
paragraph (a).
      (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
provider or not), or
15
(b)
”, and
(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).”
      (6)
Omit subsection (3).
25
157
In section 153 (directions to certain NHS bodies) in subsection (1)—
(a)
omit paragraph (a), and
(b)
omit paragraph (b).
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)—
(a)
omit paragraph (c),
(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)—
(a)
omit paragraph (c),
(b)
omit paragraph (d), and
(c)
before paragraph (e) insert—
“(da)
a commissioning consortium,”.
40
Autism Act 2009 (c. 15)
161
In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the
definition of “NHS body”—

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
319

(a)
omit paragraph (a),
(b)
omit paragraph (b), and
(c)
before paragraph (d) insert—
“(ca)
the National Health Service Commissioning
Board;
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
amended as follows.
163
In section 2 (duty to promote understanding of functions of certain public
10
bodies))—
(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
Service Act 2006 or”,
(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
(d)
in that subsection—
(i)
omit paragraph (l), and
(ii)
omit paragraph (m).
164
In section 123 (partner authorities), in subsection (2)—
(a)
after paragraph (h) insert—
25
“(ha)
a commissioning consortium;”, and
(b)
omit paragraph (i).
Health Act 2009 (c. 21)
165
The Health Act 2009 is amended as follows.
166
In each of the following provisions for “NHS services” substitute “health
30
services”—
(a)
the title to Part 1,
(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”.
      (3)
In subsection (2)—
(a)
omit paragraph (a),
(b)
omit paragraph (b), and
(c)
before paragraph (d) insert—
40
“(ca)
the National Health Service Commissioning Board;
(cb)
commissioning consortia;

Health and Social Care Bill
Schedule 5 — Part 1: amendments of other enactments
320

(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
function””.
      (5)
In subsection (4)—
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),
(a), (b) or (c)”.
168   (1)
Section 3 (availability and review of NHS constitution) is amended as
20
follows.
      (2)
In subsection (3), omit paragraph (d).
      (3)
Omit subsection (8).
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
(a), 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—
“(6)
In this section—
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
“Monitor”.
45

Health and Social Care Bill
Schedule 6 — Part 1: transitional provision
321

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
subsection (3)—
(a)
omit paragraph (h), and
5
(b)
omit paragraph (i).
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
health service—
(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
subsection (2)—
20
(a)
after paragraph (e) insert—
“(ea)
a commissioning consortium;”,
(b)
omit paragraph (f), and
(c)
omit paragraph (g).
Schedule 6
25
Section 49(3)

Part 1: transitional provision
Interpretation
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).

Health and Social Care Bill
Schedule 6 — Part 1: transitional provision
322

      (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
Trust”.
      (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
commenced.
      (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
section 17).
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
person).
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.

Health and Social Care Bill
Schedule 6 — Part 1: transitional provision
323

      (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,
authorise the Board—
5
(a)
to direct the consortium not to exercise any functions specified in the
direction;
(b)
to give directions to the consortium about the exercise of any of its
functions.
      (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
regulations.
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
regulations;
(b)
as to the procedure to be followed by the Board before exercising any
such power.
     (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
may be) revoked.
     (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
of the 2006 Act.
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
initial period.
45

Health and Social Care Bill
Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
324

      (2)
The Board may direct that, during that period, the commissioning
consortium may only exercise such of its functions as are specified in the
direction.
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
exercising a function.
      (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
Schedule 7
Section 50(4)

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
Agency”.