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 20 — Part 9: consequential amendments
388

      (2)
The Information Centre’s property must not be regarded as property of, or
property held on behalf of, the Crown.
Schedule 20
Section 270

Part 9: consequential amendments
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
5
1
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which that Act applies) in paragraph 1, after paragraph (n)
(inserted by Schedule 18) insert—
“(o)
the Health and Social Care Information Centre.”
Parliamentary Commissioner Act 1967 (c. 13)
10
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation) at the appropriate place insert—
“Health and Social Care Information Centre.”
House of Commons Disqualification Act 1975 (c. 24)
3
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
15
(bodies of which all members are disqualified) at the appropriate place
insert—
“The Health and Social Care Information Centre.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
4
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
20
Act 1975 (bodies of which all members are disqualified) at the appropriate
place insert—
“The Health and Social Care Information Centre.”
Employment Rights Act 1996 (c. 18)
5
In section 218 of the Employment Rights Act 1996 (change of employer) in
25
subsection (10), after paragraph (cc) (inserted by Schedule 18) insert—
“(cd)
the Health and Social Care Information Centre,”.
Freedom of Information Act 2000 (c. 36)
6
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) at the appropriate place insert—
30
“The Health and Social Care Information Centre.”
National Health Service Act 2006 (c. 41)
7     (1)
The National Health Service Act 2006 is amended as follows.
      (2)
In section 9 (NHS contracts) in subsection (4), after paragraph (ka) (inserted

Health and Social Care Bill
Schedule 20 — Part 9: consequential amendments
389

by Schedule 18) insert—
“(kb)
the Health and Social Care Information Centre,”.
      (3)
In section 71 (schemes for losses and liabilities of certain health service
bodies) in subsection (2), after paragraph (da) (inserted by Schedule 18)
insert—
5
“(db)
the Health and Social Care Information Centre,”.
      (4)
In section 72 (co-operation between NHS bodies), after subsection (2)
(inserted by Schedule 18 of this Act) insert—
“(3)
For the purposes of this section, the Health and Social Care
Information Centre is an NHS body.”
10
National Health Service (Wales) Act 2006 (c. 42)
8     (1)
The National Health Service (Wales) Act 2006 is amended as follows.
      (2)
In section 7 (NHS contracts) in subsection (4), after paragraph (ka) (inserted
by Schedule 18) insert—
“(kb)
the Health and Social Care Information Centre,”.
15
Health Act 2009 (c. 21)
9
In section 2 of the Health Act 2009 (duty to have regard to the NHS
Constitution), in subsection (2) after paragraph (da) (inserted by Schedule
18) insert—
“(db)
the Health and Social Care Information Centre;”.
20
Equality Act 2010 (c. 15)
10
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public
sector equality duty) at the end of the group of entries for bodies whose
functions relate to the health service add—
“The Health and Social Care Information Centre.”
25
National Assembly for Wales (Disqualification) Order 2010 (S.I. 2010/2969)
11
In Part 1 of the Schedule to the National Assembly for Wales
(Disqualification) Order 2010 (bodies of which the members are
disqualified), at the appropriate place insert—
“Health and Social Care Information Centre;”.
30

Health and Social Care Bill
Schedule 21 — Part 10: consequential amendments and savings
Part 2 — The Appointments Commission
390

Schedule 21
Sections 271, 272 and 273

Part 10: consequential amendments and savings
Part 1
The Alcohol Education and Research Council
Consequential amendments
5
1
Omit the entry for the Alcohol Education and Research Council in each of
the following—
(a)
Schedule 2 to the Parliamentary Commissioner Act 1967, and
(b)
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
2
Omit the entry in Part 3 of Schedule 1 to the House of Commons
10
Disqualification Act 1975 for the liquidator appointed under section 2 of the
Licensing (Alcohol Education and Research) Act 1981.
3
In consequence of the repeal made by section 271(2)—
(a)
in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the
preceding cross-heading), and
15
(b)
in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the
preceding cross-heading).
Savings
4     (1)
Anything which is in the process of being done by the Alcohol Education
and Research Council under an enactment immediately before abolition
20
may be continued by the Secretary of State.
      (2)
Anything which the Council is required to do under an enactment before
abolition may, in so far as it has not been done by the Council, be done by
the Secretary of State after abolition.
      (3)
The Secretary of State must prepare a report on the activities of the Council
25
during the period that begins with the 1 April before abolition and ends with
abolition.
      (4)
In this paragraph—
“abolition” means the commencement of section 271(1);
“enactment” includes an enactment contained in subordinate
30
legislation (within the meaning of the Interpretation Act 1978).
Part 2
The Appointments Commission
Consequential amendments
5     (1)
Omit the entry for the Appointments Commission in each of the following—
35
(a)
Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975,
(b)
Part 2 of Schedule 1 to the Northern Ireland Assembly
Disqualification Act 1975, and

Health and Social Care Bill
Schedule 21 — Part 10: consequential amendments and savings
Part 2 — The Appointments Commission
391

(c)
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
      (2)
In consequence of those repeals, in Schedule 8 to the Health Act 2006, omit
paragraphs 4, 5 and 45(3) (and the cross-heading preceding each of
paragraphs 4 and 5).
6
Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to
5
each of the following—
(a)
the Medical Act 1983,
(b)
the Dentists Act 1984,
(c)
the Opticians Act 1989,
(d)
the Osteopaths Act 1993, and
10
(e)
the Chiropractors Act 1994.
7
In consequence of the repeal made by section 272(2)—
(a)
in Schedule 1 to the National Health Service (Consequential
Provisions) Act 2006, omit paragraphs 284 to 286,
(b)
in Schedule 5 to the Health and Social Care Act 2008, omit
15
paragraphs 79 and 80 (and the preceding cross-heading),
(c)
in Schedule 10 to that Act, omit paragraphs 20 to 23 (and the
preceding cross-heading), and
(d)
in Schedule 3 to the Health Act 2009, omit paragraph 8 (and the
preceding cross-heading).
20
Savings
8     (1)
Anything which is in the process of being done by the Appointments
Commission under an enactment immediately before abolition may be
continued by the Secretary of State.
      (2)
If abolition is to occur at a time other than immediately after the end of a
25
financial year within the meaning of paragraph 22 of Schedule 4 to the
Health Act 2006 (accounts), the period that begins with the 1 April before
abolition and ends with abolition is to be treated as a financial year for the
purposes of that paragraph.
      (3)
Despite section 272(2), paragraph 22 of that Schedule is to continue to have
30
effect for the purpose of imposing the duties under sub-paragraphs (2),
(3)(b) and (4) of that paragraph; and for that purpose—
(a)
the duty under sub-paragraph (2) of that paragraph, in so far as it has
not been discharged by the Commission, must be discharged by the
Secretary of State, and
35
(b)
the duty under sub-paragraph (3)(b) of that paragraph must be
discharged by the Secretary of State.
      (4)
Subject to that, anything which the Commission is required to do under an
enactment before abolition may, in so far as it has not been done by the
Commission, be done by the Secretary of State after abolition.
40
      (5)
In this paragraph—
“abolition” means the commencement of section 272(1);
“enactment” includes an enactment contained in subordinate
legislation (within the meaning of the Interpretation Act 1978).

Health and Social Care Bill
Schedule 21 — Part 10: consequential amendments and savings
Part 3 — The National Information Governance Board for Health and Social Care
392

Part 3
The National Information Governance Board for Health and Social Care
Consequential amendments
9     (1)
Omit the entry for the National Information Governance Board for Health
and Social Care in each of the following—
5
(a)
Schedule 2 to the Parliamentary Commissioner Act 1967,
(b)
Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975, and
(c)
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
      (2)
In consequence of those repeals, in Schedule 14 to the Health and Social Care
10
Act 2008, omit paragraphs 2 to 4 (and the cross-heading preceding each of
those paragraphs).
10    (1)
In section 271 of the National Health Service Act 2006 (territorial limit of
exercise of functions), in subsection (3), omit paragraph (fa).
      (2)
In consequence of that repeal, in Schedule 14 to the Health and Social Care
15
Act 2008, omit paragraph 5 (and the preceding cross-heading).
11
In consequence of the repeal made by section 273(2), omit sections 157(1) and
158 of the Health and Social Care Act 2008.
Savings
12    (1)
Anything which is in the process of being done by the National Information
20
Governance Board for Health and Social Care under an enactment
immediately before abolition may be continued by the Secretary of State.
      (2)
Despite section 273(2), section 250D of the National Health Service Act 2006
(annual report) is to continue to have effect for the purpose of imposing the
duty under subsection (1)(a); and for that purpose—
25
(a)
if abolition is to occur at a time other than immediately after the end
of a reporting year within the meaning of that section, the period that
begins with the 1 April before abolition and ends with abolition is to
be treated as a reporting year for the purposes of that section, and
(b)
the duty under subsection (1)(a) of that section must be discharged
30
by the Secretary of State.
      (3)
Anything which the Board is required to do under an enactment before
abolition may, in so far as it has not been done by the Board, be done by the
Secretary of State after abolition.
      (4)
In this paragraph—
35
“abolition” means the commencement of section 273(1);
“enactment” includes an enactment contained in subordinate
legislation (within the meaning of the Interpretation Act 1978).