Health and Social Care Bill

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 1 — Amendments of the National Health Service Act 2006
353

2
In section 4(2) (definition of “high security psychiatric services”), omit “and
paragraph 15 of Schedule 4 (NHS trusts)”.
3
In section 8(2) (bodies to whom Secretary of State may give directions), omit
paragraph (c).
4
In section 9 (NHS contracts), omit subsection (3).
5
5
In section 40 (power of Secretary of State to give financial assistance to NHS
foundation trusts), for subsection (4) substitute—
“(4)
For the purposes of subsection (3), an agreement is an externally
financed development agreement if it is certified as such by the
Secretary of State.
10
(4A)
The Secretary of State may give a certificate under subsection (4) if—
(a)
in the opinion of the Secretary of State, the purpose or main
purpose of the agreement is the provision of facilities or
services in connection with the discharge by the NHS
foundation trust of any of its functions, and
15
(b)
a person proposes to make a loan to, or provide any other
form of finance for, another party in connection with the
agreement.
(4B)
In subsection (5)(b), “another party” means any party to the
agreement other than the NHS foundation trust.”
20
6
In section 42 (public dividend capital), after subsection (1) insert—
“(1A)
The reference in subsection (1) to an NHS trust is a reference to an
NHS trust which was established under section 25 of this Act before
its repeal by section 176 of the Health and Social Care Act 2011.”
7
In section 51 (trust funds and trustees), omit subsection (4).
25
8
In section 56(1) (application for merger of NHS foundation trusts), in
paragraph (b), omit “or an NHS trust”.
9
In section 56A(1) (application for acquisition of NHS foundation trust or
NHS trust) (as inserted by section 166), in paragraph (b), omit “or an NHS
trust”.
30
10
In section 57 (mergers, acquisitions and separation of NHS foundation
trusts)—
(a)
in subsection (3)(a), omit “, an NHS trust”,
(b)
in subsection (4), omit “or an NHS trust”, and
(c)
omit subsection (5).
35
11
In section 65(1) (interpretation for provisions about NHS foundation trusts),
in the definition of “health service body”, omit “an NHS trust,”.
12
In section 65A(1) (application of trust special administration regime), omit
paragraph (a).
13
Section 65B (appointment of trust special administrator to exercise functions
40
of chairman and directors of NHS trust) ceases to have effect, except in so far
as it has effect by virtue of section 65E(6) (de-authorised NHS foundation
trusts).

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 1 — Amendments of the National Health Service Act 2006
354

14
In section 66 (intervention orders) (as amended by paragraph 8(1) of
Schedule 20 to this Act), in subsection (1), omit paragraph (a) and the “and”
following it.
15
In section 68 (default powers) (as amended by paragraph 10(1) of Schedule
22 to this Act), in subsection (1), omit paragraph (a).
5
16    (1)
In section 70(1) (transfer of residual liabilities of certain NHS bodies), omit
“an NHS trust or”.
      (2)
For the title to section 70 substitute “Transfer of residual liabilities of Special
Health Authorities”.
17
In section 71 (schemes for meeting losses etc. of certain health bodies)—
10
(a)
in subsection (2), omit paragraph (c),
(b)
in subsections (3) and (6), omit “NHS trust,”, and
(c)
in subsection (5), omit “(c),”.
18
In section 77 (Care Trusts)—
(a)
in subsection (1)(a) omit “an NHS Trust or”, and
15
(b)
in subsections (10) and (12) omit “NHS trust or”.
19
Omit section 78 (directed partnership arrangements).
20
In section 185(2) (charges for more expensive supplies), omit “an NHS trust”.
21
In section 186(2) (charges for repairs and replacements in certain cases), omit
“an NHS trust”.
20
22
In section 196(3) (bodies to which provisions about protection from fraud
etc. relate), omit paragraph (d).
23
In section 217(1) (supplementary provisions about trusts), omit paragraph
(h).
24    (1)
In section 242 (public involvement and consultation)—
25
(a)
in subsection (1)(b), for “relevant Welsh bodies” substitute “NHS
trusts”,
(b)
in subsection (1A), in the definition of “relevant English body”, omit
paragraph (c),
(c)
in subsection (2), omit the definition of “relevant Welsh body”, and
30
(d)
in subsection (2), for “relevant Welsh body” substitute “NHS trust”.
      (2)
In consequence of the repeal made by sub-paragraph (1)(c), omit section
233(3) of the Local Government and Public Involvement in Health Act 2007.
25
In section 272(3) (orders not to be made by statutory instrument), omit
paragraph (e).
35
26
Omit section 272(5).
27
In section 275 (interpretation), in subsection (1), in the definition of “NHS
trust”, for “includes” substitute “means”.
28
In section 276 (index of defined expressions), omit the entry for “NHS trust
order”.
40
29    (1)
Schedule 15 (accounts and audit) is amended as follows.
      (2)
In paragraph 1—

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
355

(a)
in sub-paragraph (1) omit paragraphs (d) and (e), and
(b)
omit sub-paragraph (3).
      (3)
In paragraph 4(1), omit paragraph (b) and the “or” which precedes it.
      (4)
In paragraph 5—
(a)
in sub-paragraph (1) for “neither a Special Health Authority nor
5
NHS Direct” substitute “not a Special Health Authority”, and
(b)
in sub-paragraph (3) for “NHS body that is a Special Health
Authority or NHS Direct” substitute “Special Health Authority”.
      (5)
In paragraph 6—
(a)
in sub-paragraph (1) for “an NHS body that is a Special Health
10
Authority or NHS Direct” substitute “a Special Health Authority”,
and
(b)
in sub-paragraph (3) for “body” substitute “Special Health
Authority”.
30
In consequence of the repeal of section 56(6) by section 165(6) of this Act,
15
omit paragraph 84 of Schedule 5 to the Health and Social Care Act 2008.
Part 2
Amendments of other Acts
Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
31
In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936
20
(definitions), in the definition of “NHS trust” omit “the National Health
Service Act 2006 or”.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
32
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which the Act applies), in paragraph 1(l) omit “section 25 of the
25
National Health Service Act 2006 or”.
Abortion Act 1967 (c. 87)
33
In section 1(3) of the Abortion Act 1967 (location of treatment for termination
of pregnancy) after “National Health Service trust” insert “established under
section 18 of the National Health Service (Wales) Act 2006 or the National
30
Health Service (Scotland) Act 1978”.
Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
34
In section 3(2)(a) of the Employers’ Liability (Compulsory Insurance) Act
1969 (NHS bodies exempted from insurance requirement), omit “section 25
of the National Health Service Act 2006,”.
35
Local Government Act 1972 (c. 70)
35
In section 113(4) of the Local Government Act 1972 (placing of staff of local
authorities at disposal of NHS trusts), omit “section 25 of the National
Health Service Act 2006 or”.

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
356

House of Commons Disqualification Act 1975 (c. 24)
36
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership of the House), in the entry for
National Health Service trusts omit “the National Health Service Act 2006
or”.
5
Acquisition of Land Act 1981 (c. 67)
37
The Acquisition of Land Act 1981 is amended as follows.
38
In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase),
omit “section 25 of the National Health Service Act 2006 or”.
39
In section 17(4) (special parliamentary procedure applying to compulsory
10
purchase orders concerning NHS trusts’ land), in paragraph (aa) of the
definition of “statutory undertakers” omit “section 25 of the National Health
Service Act 2006 or”.
Mental Health Act 1983 (c. 20)
40
In section 139(4) of the Mental Health Act 1983 (exemption from protection
15
for acts done in pursuance of the Act), omit “the National Health Service Act
2006 or”.
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
41
In section 2(5) of the Disabled Persons (Services, Consultation and
Representation) Act 1986 (rights of authorised representatives of disabled
20
persons), in paragraph (a) omit “that Act or”.
Copyright, Designs and Patents Act 1988 (c. 48)
42
In section 48 of the Copyright, Designs and Patents Act 1988 (material
communicated to the Crown in the course of public business), in subsection
(6) omit “section 25 of the National Health Service Act 2006,”.
25
Health and Medicines Act 1988 (c. 49)
43
In section 7(3) of the Health and Medicines Act 1988 (powers to give
directions in relation to financing of the NHS), in paragraph (i) omit “an
NHS trust or”.
Road Traffic Act 1988 (c. 52)
30
44
In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances
to requirement for third party insurance), omit “section 25 of the National
Health Service Act 2006,”.
Access to Health Records Act 1990 (c. 23)
45
In section 11 of the Access to Health Records Act 1990 (interpretation), in the
35
definition of “health service body”, in paragraph (d), omit “, section 25 of the
National Health Service Act 2006”.

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
357

Water Industry Act 1991 (c. 56)
46
In Schedule 4A to the Water Industry Act 1991 (premises not to be
disconnected for non-payment), in paragraph 16 omit “the National Health
Service Act 2006 or”.
London Local Authorities Act 1991 (c. xiii)
5
47
In section 4 of the London Local Authorities Act 1991 (interpretation), in the
definition of “establishment for special treatment”, in paragraph (d) omit
“section 25 of that Act or”.
Social Security Contributions and Benefits Act 1992 (c. 4)
48
The Social Security Contributions and Benefits Act 1992 is amended as
10
follows.
49
In section 163(6) (interpretation of Part 11), omit “the National Health
Service Act 2006,”.
50
In section 171(3) (interpretation of Part 12), omit “the National Health
Service Act 2006,”.
15
51
In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National
Health Service Act 2006,”.
52
In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National
Health Service Act 2006,”.
Welsh Language Act 1993 (c. 38)
20
53
In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in
subsection (1)(g) omit “the National Health Service Act 2006 or”.
Charities Act 1993 (c. 10)
54
The Charities Act 1993 is amended as follows.
55    (1)
In section 43A(7) (annual audit etc. of English NHS charity accounts), in the
25
definition of “English National Health Service charity”, omit paragraphs (c),
(d) and (da).
      (2)
In consequence of the repeal made by sub-paragraph (1), omit paragraph
161(a) of Schedule 1 to the National Health Service (Consequential
Provisions) Act 2006.
30
56
In section 43B (annual audit etc. of Welsh NHS charity accounts), in
subsection (4)—
(a)
in paragraph (b) omit the words from “all or most” to the end,
(b)
in paragraph (c) omit “falling within paragraph (b)”, and
(c)
in paragraph (d) omit “such”.
35
Health Service Commissioners Act 1993 (c. 46)
57
In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject
to investigation by the Commissioner), omit paragraph (d).

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
358

Vehicle Excise and Registration Act 1994 (c. 22)
58
In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle
exempt from vehicle excise duty), in paragraph 7(b) omit “the National
Health Service Act 2006,”.
Value Added Tax Act 1994 (c. 23)
5
59
The Value Added Tax Act 1994 is amended as follows.
60
In section 41(7) (definition of “government department”), for “Part I of that
Act” substitute “section 18 of the National Health Service (Wales) Act 2006”.
61
In Part 2 of Schedule 8 (zero-rated supply of goods and services)—
(a)
in the Notes for group 12 (drugs, medicines, aids for the
10
handicapped), in paragraph (e) of Note (5H) omit “the National
Health Service Act 2006 or”, and
(b)
in the Notes for group 15 (charities, etc.), in paragraph (i) of Note 4
for “Part I of the National Health Service and Community Care Act
1990” substitute “section 18 of the National Health Service (Wales)
15
Act 2006”.
Employment Rights Act 1996 (c. 18)
62
The Employment Rights Act 1996 is amended as follows.
63
In section 50(8)(a) (right of employees of NHS trusts to time off for public
duties), omit “section 25 of the National Health Service Act 2006,”.
20
64
In section 218(10)(c) (change of employer) omit “that Act or”.
Audit Commission Act 1998 (c. 18)
65
The Audit Commission Act 1998 is amended as follows.
66
Omit section 33(8)(c) (bodies not subject to certain Commission studies).
67
In section 53(1) (interpretation), in the definition of “health service body”
25
omit “or NHS Direct National Health Service Trust”.
Data Protection Act 1998 (c. 29)
68
In section 69(3) of the Data Protection Act 1998 (meaning of “health
professional”), in paragraph (f) omit “section 25 of the National Health
Service Act 2006,”.
30
Health Act 1999 (c. 8)
69
In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts
to public dividend capital), in subsection (5) after the definition of “initial
loan” insert—
““NHS trust” includes an NHS trust which was established (by virtue
35
of the National Health Service (Consequential Provisions) Act 2006)
under section 25 of the National Health Service Act 2006, prior to the
repeal of that section by section 176 of the Health and Social Care Act
2011.”

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
359

Greater London Authority Act 1999 (c. 29)
70
Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS
trusts to be included among relevant bodies for purposes of Mayor of
London’s health inequalities strategy).
Care Standards Act 2000 (c. 14)
5
71
The Care Standards Act 2000 is amended as follows.
72
In section 42(7) (power to extend application of Part 2), in paragraph (b) of
the definition of “Welsh NHS bodies” omit the words from “all or most” to
the end.
73
In Schedule 2A (persons subject to review by the Children’s Commissioner
10
for Wales), in paragraph 3 omit the words from “all or most” to the end.
74
In Schedule 2B (persons whose arrangements are subject to review by the
Children’s Commissioner for Wales), in paragraph 4 omit the words from
“all or most” to the end.
Freedom of Information Act 2000 (c. 36)
15
75
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in
England and Wales), in paragraph 40, omit “section 25 of the National
Health Service Act 2006 or”.
International Development Act 2002 (c. 1)
76
In Schedule 1 to the International Development Act 2002 (statutory bodies
20
who may exercise certain powers for the purpose of assisting countries
outside the UK), in the entry for National Health Service trusts, omit “the
National Health Service Act 2006,”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
77
In section 133(4) of the Nationality, Immigration and Asylum Act 2002
25
(power of medical inspector to disclose information to NHS trusts), in
paragraphs (a)(ii) and (b)(ii) omit “section 25 of the National Health Service
Act 2006 or”.
Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
78
In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003
30
(meaning of “NHS body”), in the definition of “NHS body”, after “a National
Health Service trust” insert “(in Wales)”.
Finance Act 2003 (c. 14)
79
The Finance Act 2003 is amended as follows.
80
In section 61(3) (bodies that are public authorities for purpose of
35
requirement to comply with planning obligations), under the heading
“Health: England and Wales”, in the entry for National Health Service trusts,
omit “section 25 of the National Health Service Act 2006 or”.