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

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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”.

 
 

 
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