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 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
360

81
In section 66(4) (bodies that are public bodies for purpose of exemption for
transfers of land), 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”.
Licensing Act 2003 (c. 17)
5
82
In section 16(3) of the Licensing Act 2003 (bodies that may apply for
premises licence), in the definition of “health service body”, in paragraph (a),
omit “section 25 of the National Health Service Act 2006 or”.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
83
The Health and Social Care (Community Health and Standards) Act 2003 is
10
amended as follows.
84
In section 148 (interpretation of Part 2)—
(a)
in the definition of “English NHS body” omit paragraph (c), and
(b)
in paragraph (b) of the definition of “Welsh NHS body”, omit “all or
most of whose hospitals, establishments and facilities are situated in
15
Wales”.
85
In section 160 (provision of information in personal injury cases), in
subsection (4), in the definition of “ambulance trust”, in paragraph (a)(i),
omit “section 25 of the 2006 Act,”.
86
In section 162 (payment of NHS charges to hospitals or ambulance trusts), in
20
subsection (6), in the definition of “relevant ambulance trust”—
(a)
before paragraph (a) insert—
“(za)
In relation to England, means the NHS foundation
trust which is designated by the Secretary of State for
the purposes of this section in relation to the health
25
service hospital to which the injured person was
taken for treatment,”,
(b)
in paragraph (a) omit “England or”, and
(c)
in sub-paragraph (i) of that paragraph omit “section 25 of the 2006
Act or”.
30
87
In section 165 (power to apply provisions about recovery of charges to non
NHS hospitals), in subsection (3)(b)(ii) omit “section 25 of the 2006 Act,”.
Finance Act 2004 (c. 12)
88
In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the
definition of “NHS trust”, in paragraph (a) omit “section 25 of the National
35
Health Service Act 2006 or”.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
89
In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004
(duty to have regard to guidance on conduct of domestic homicide reviews),
in the entry for NHS trusts omit “section 25 of the National Health Service
40
Act 2006 or”.

Health and Social Care Bill
Schedule 14 — Abolition of NHS trusts in England: consequential amendments
Part 2 — Amendments of other Acts
361

Children Act 2004 (c. 31)
90
The Children Act 2004 is amended as follows.
91
In section 11(1) (NHS trusts’ duty to promote the safety and welfare of
children), omit paragraph (f).
92
In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit
5
“an NHS trust and”.
93
In section 28(1) (arrangements to safeguard and promote welfare: Wales), in
paragraph (c) omit the words from “all or most” to the end.
Civil Contingencies Act 2004 (c. 36)
94
In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1
10
responders to emergencies), in paragraph 5 omit “section 25 of the 2006 Act,
or”.
National Health Service (Wales) Act 2006 (c. 42)
95
In section 206(1) of the National Health Service Act (Wales) 2006
(interpretation), omit the definition of “NHS trust”.
15
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
96
In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act
2007 (duty of care in emergencies), in the definition of “relevant NHS body”,
in paragraph (a) omit “NHS trust,”.
Local Government and Public Involvement in Health Act 2007 (c. 28)
20
97
The Local Government and Public Involvement in Health Act 2007 is
amended as follows.
98
In section 222 (arrangements regarding local involvement networks)—
(a)
omit subsection (3)(b), and
(b)
omit subsection (4)(d).
25
99
In section 224(2) (duties of service-providers to local involvement networks),
omit paragraph (a).
100
In section 225(7) (duty to allow entry to local involvement networks), omit
paragraph (a).
Criminal Justice and Immigration Act 2008 (c. 4)
30
101
In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence
of causing nuisance or disturbance on NHS premises), in the definition of
“relevant English NHS body”, omit paragraph (a).
Health and Social Care Act 2008 (c. 14)
102
The Health and Social Care Act 2008 is amended as follows.
35
103
In section 97(1) (general interpretation of Part 1)—
(a)
in the definition of “English NHS body” omit paragraph (c), and

Health and Social Care Bill
Schedule 15 — Local Healthwatch Organisations
362

(b)
in the definition of “English NHS provider” omit paragraph (b).
104
In section 153(1) (directing NHS bodies to exercise certain functions in
relation to financial assistance), omit paragraph (c).
Autism Act 2009 (c. 15)
105
In section 4(1) of the Autism Act 2009 (interpretation), in the definition of
5
“NHS body”, omit paragraph (c).
Health Act 2009 (c. 21)
106
The Health Act 2009 is amended as follows.
107
In section 2(2) (bodies with duty to have regard to NHS Constitution) omit
paragraph (c).
10
108
In section 8(2) (bodies with duty to publish information on quality of
services) omit paragraph (b).
Corporation Tax Act 2010 (c. 4)
109
In section 986 of the Corporation Tax Act 2010 (meaning of “health service
body”), in the table entry for a National health Service Trust, omit “section
15
25 of the National Health Service Act 2006 or”.
Equality Act 2010 (c. 15)
110
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public
sector equality duty), in the group of entries that includes entries for bodies
whose functions relate to the health service, omit the entry for an NHS trust.
20
Schedule 15
Section 179

Local Healthwatch Organisations
“Schedule 16A
Section 220A

Local Healthwatch organisations
Status
25
1     (1)
A Local Healthwatch organisation (“LHW”) is a body corporate.
      (2)
An LHW is not to be regarded as a servant or agent of the Crown
or to be regarded as enjoying any status, immunity or privilege of
the Crown.
      (3)
The property of an LHW is not to be regarded as property of, or
30
property held on behalf of, the Crown.
Membership
2     (1)
The Secretary of State may by regulations make provision about
the membership of LHWs.

Health and Social Care Bill
Schedule 15 — Local Healthwatch Organisations
363

      (2)
The regulations may in particular make provision about—
(a)
the number of members;
(b)
conditions of eligibility for membership;
(c)
the appointment of members (including who has the
power of appointment);
5
(d)
the terms of appointment;
(e)
circumstances in which a person ceases to be a member or
may be suspended;
(f)
the payment of remuneration and other amounts to or in
respect of members.
10
Staff
3     (1)
An LHW may appoint persons as employees.
      (2)
An employee of an LHW is to be appointed on such terms and
conditions (including as to remuneration, pensions and
allowances) as the organisation may determine.
15
General powers
4     (1)
An LHW may do anything which appears to it to be necessary or
expedient for the purpose of, or in connection with, the exercise of
its functions.
      (2)
In particular, that includes—
20
(a)
entering into agreements,
(b)
acquiring and disposing of land and other property,
(c)
co-operating with other public authorities in England, and
(d)
providing training.
      (3)
An LHW must exercise its functions effectively, efficiently and
25
economically.
Committees
5     (1)
An LHW may appoint committees and sub-committees.
      (2)
A committee or sub-committee appointed by an LHW under sub-
paragraph (1) may consist of or include persons who are not
30
members of the LHW.
      (3)
An LHW may pay remuneration and allowances to persons who
are members of a committee or sub-committee of its but are not
members of the LHW.
Exercise of functions
35
6     (1)
An LHW may arrange for a member, employee, committee or sub-
committee of its to exercise functions of its on its behalf.
      (2)
An LHW may arrange for some other person to exercise functions
of its on its behalf.
      (3)
An LHW may arrange for persons to assist it in the exercise of
40
functions of its.

Health and Social Care Bill
Schedule 16 — Part 7: consequential amendments and savings
Part 1 — Abolition of The General Social Care Council
364

      (4)
Arrangements under sub-paragraph (2) or (3) may include
provision for the payment of remuneration or other amounts.
Accounts
7     (1)
An LHW must keep accounts in such form as the Secretary of State
may determine.
5
      (2)
An LHW must prepare annual accounts in respect of each
financial year in such form as the Secretary of State may
determine.
      (3)
An LHW must, within such period as the Secretary of State may
determine, send copies of its annual accounts to the Secretary of
10
State.
      (4)
The Secretary of State may direct an LHW that the accounts
prepared by it under this paragraph are to be audited in
accordance with such requirements as are specified in the
direction; but subject to that, an LHW must arrange for the
15
accounts so prepared to be audited in such manner as it considers
appropriate.
      (5)
In this paragraph, “financial year” means—
(a)
the period beginning with the day on which the LHW is
established and ending with the following 31 March, and
20
(b)
each successive period of 12 months ending with 31
March.”
Schedule 16
Sections 227 and 228

Part 7: consequential amendments and savings
Part 1
25
Abolition of The General Social Care Council
Amendments to the Care Standards Act 2000 (c. 14)
1
The Care Standards Act 2000 is amended as follows.
2
In section 55(3)(g) (power to treat persons on certain social work courses as
social care workers)—
30
(a)
for “a Council” substitute “the Welsh Council”, and
(b)
after “section 63” insert “, or by the Health and Care Professions
Council under article 15 of the Health and Social Work Professions
Order 2001,”.
3
In section 56 (register of social care workers etc.)—
35
(a)
in subsection (1), for “Each Council” substitute “The Welsh Council”,
and
(b)
in subsection (4), for “the Council” substitute “the Welsh Council”.

Health and Social Care Bill
Schedule 16 — Part 7: consequential amendments and savings
Part 1 — Abolition of The General Social Care Council
365

4
In section 57 (applications for registration), in subsection (1), for “a Council”
substitute “the Welsh Council”.
5
In section 58 (grant or refusal of registration), in subsection (1) for “the
Council” substitute “the Welsh Council”.
6
In section 58A (visiting social workers from relevant European States)—
5
(a)
in subsections (3) and (7), for “a Council” substitute “the Welsh
Council”, and
(b)
in subsection (6), for “a Council, that” substitute “the Welsh Council,
the”.
7
In section 59 (removal etc. from register), in subsection (1), for “Each
10
Council” substitute “The Welsh Council”.
8
In section 60 (rules about registration), for “A Council” substitute “The
Welsh Council”.
9
In section 61 (offence relating to use of title “social worker” etc.)—
(a)
in subsection (1), after “a person” insert “in Wales”,
15
(b)
in subsection (2)(a), for “a Council” substitute “the Welsh Council”,
and
(c)
in subsection (2)(b), after “the law of” insert “England and Wales so
far as applying in relation to England,”.
10
In section 62 (codes of practice)—
20
(a)
in subsection (1), for “Each Council” substitute “The Welsh Council”,
(b)
in subsections (3), (4) and (6), for “a Council” substitute “the
Council”, and
(c)
in subsection (5), after “Local authorities” insert “in Wales”.
11
In section 63 (approval of courses etc.)—
25
(a)
in subsection (1), for “Each Council” substitute “The Welsh Council”,
and
(b)
in subsection (4), for “A Council” substitute “The Council”.
12
In section 64 (qualifications gained outside Council’s area)—
(a)
in subsection (A1), for “a Council” substitute “the Welsh Council”,
30
(b)
omit subsection (1), and
(c)
for the title substitute “Qualifications gained outside the Welsh
Council’s area”.
13
In section 65(1) (power to make rules requiring registered persons to
undertake further training), for “A Council” substitute “The Welsh Council”.
35
14
In section 66 (visitors for certain social work courses)—
(a)
in subsection (1), for “A Council” substitute “The Welsh Council”,
and
(b)
in subsection (3), for “a Council” substitute “the Council”.
15
In section 67 (functions of the appropriate Minister)—
40
(a)
in subsection (2), for “a Council” substitute “the Welsh Council”, and
(b)
in subsection (5), omit paragraph (a) (and the “or” following it).
16
In section 68 (appeals to the Tribunal), in subsections (1) and (1A), for “a
Council” substitute “the Welsh Council”.

Health and Social Care Bill
Schedule 16 — Part 7: consequential amendments and savings
Part 1 — Abolition of The General Social Care Council
366

17
In section 69 (publication etc. of register), in subsection (1), for “A Council”
substitute “The Welsh Council”.
18
In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council”
substitute “the Welsh Council”.
19
In section 113 (default Ministerial powers), omit subsection (1).
5
20
In section 121(13) (index of defined expressions)—
(a)
omit the entry for references to the Council, the English Council and
the Welsh Council, and
(b)
at the end insert—

“the Welsh Council
Section 54”.

10
21
Schedule 1 (the Care Councils) is amended as follows.
22
Omit paragraph 1 (introductory).
23
In paragraph 2 (status)—
(a)
for “An authority” substitute “The Welsh Council”, and
(b)
for “an authority’s” substitute “the Council’s”.
15
24
In paragraph 3(1) (general powers), for “the Secretary of State, an authority”
substitute “the Welsh Ministers, the Welsh Council”.
25
In paragraph 4 (general duty), for “an authority” substitute “the Welsh
Council”.
26
For paragraph 5 (membership)—
20
(a)
for “Each authority” substitute “The Welsh Council”, and
(b)
for “the Secretary of State” substitute “the Welsh Ministers”.
27
In paragraph 6 (appointment, procedure etc.)—
(a)
for “The Secretary of State” substitute “The Welsh Ministers”,
(b)
in paragraph (a), for “an authority” substitute “the Welsh Council”,
25
(c)
in paragraphs (b), (c) and (d), (in the case of paragraph (d), in each
place it appears) for “an authority” substitute “the Council”, and
(d)
in paragraph (c), for “the authority” substitute “the Council”.
28    (1)
Paragraph 7 (remuneration and allowances) is amended as follows.
      (2)
In sub-paragraph (1)—
30
(a)
for “An authority” substitute “The Welsh Council”,
(b)
for “the authority”, in each place it appears, substitute “the Council”,
and
(c)
for “the Secretary of State” substitute “the Welsh Ministers”.
      (3)
In sub-paragraph (2)—
35
(a)
for “the Secretary of State so determines” substitute “the Welsh
Ministers so determine”,
(b)
for “an authority”, in each place it appears, substitute “the Council”,
and
(c)
for “the Secretary of State” substitute “the Welsh Ministers”.
40
      (4)
In sub-paragraph (3)—