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Amendments relating to relationships between the health services |
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National Health Service (Scotland) Act 1978 (c. 29) |
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1 | The National Health Service (Scotland) Act 1978 is amended as follows. |
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2 (1) | Section 17A (NHS contracts) is amended as follows. |
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(2) | In subsection (1), in paragraph (b) for “(q)” substitute “(s)”. |
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(a) | after paragraph (c) insert — |
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“(ca) | the Scottish Ministers;”, |
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(b) | for paragraph (f) substitute— |
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“(f) | Local Health Boards established under section 11 of |
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the National Health Service (Wales) Act 2006;”, |
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(c) | for paragraph (ff) substitute— |
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“(fa) | Special Health Authorities established under section |
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28 of the National Health Service Act 2006; |
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(fb) | Special Health Authorities established under section |
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22 of the National Health Service (Wales) Act 2006;”, |
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(e) | before paragraph (k) insert— |
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“(ja) | the National Health Service Commissioning Board; |
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(jb) | commissioning consortia established under section |
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14D of the National Health Service Act 2006;”, |
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(f) | in paragraph (k), for “section 5 of the National Health Service and |
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Community Care Act 1990” substitute “section 18 of the National |
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Health Service (Wales) Act 2006”, |
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(h) | after paragraph (m) insert— |
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“(ma) | the Welsh Ministers;”, |
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(i) | after paragraph (p) omit the “and,”, |
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(j) | after paragraph (q) insert— |
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“(r) | the National Institute for Health and Care Excellence; |
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(s) | the Health and Social Care Information Centre,” |
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(4) | After subsection (10) insert— |
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“(11) | Subsection (12) applies where the Secretary of State or a body |
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mentioned in subsection (2)(fa), (ja), (jb), (r) or (s) is a party or |
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prospective party to an arrangement or proposed arrangement |
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(a) | falls within subsection (1); and |
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(b) | also falls within the definition of NHS contract in section 9 of |
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the National Health Service Act 2006. |
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(12) | Subsections (4) to (9) shall apply in relation to that arrangement or |
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proposed arrangement (except in so far as it relates to reserved |
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matters within the meaning of the Scotland Act 1998) with the |
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substitution for references to the Secretary of State of references to |
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the Scottish Ministers and the Secretary of State acting jointly. |
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(13) | Subsection (14) applies where the Welsh Ministers are, or a body |
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mentioned in subsection (2)(f), (fb), or (k) is, a party or prospective |
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party to an arrangement or proposed arrangement which— |
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(a) | falls within subsection (1); and |
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(b) | also falls within the definition of NHS contract in section 7 of |
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the National Health Service (Wales) Act 2006. |
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(14) | Subsections (4) to (9) shall apply in relation to that arrangement or |
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proposed arrangement with the substitution for references to the |
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(a) | in so far as the arrangement or proposed arrangement relates |
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to reserved matters within the meaning of the Scotland Act |
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1998, of references to the Secretary of State and the Welsh |
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Ministers acting jointly; and |
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(b) | for all other purposes, of references to the Scottish Ministers |
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and Welsh Ministers acting jointly.” |
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3 (1) | Section 17C (personal medical or dental services) is amended as follows. |
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(a) | in paragraph (a), for the words from “the Board by” to the end |
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substitute “the Board by a Local Health Board”, and |
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(b) | in paragraph (b), for the words from “exercisable by” to “the |
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Authority” substitute “exercisable by a Local Health Board in |
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relation to an agreement made under section 50 of the National |
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Health Service (Wales) Act 2006 to be exercisable on behalf of the |
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(3) | In subsection (6), for the first definition substitute— |
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““Local Health Board” means a Local Health Board established |
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under section 11 of the National Health Service (Wales) Act |
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(4) | In consequence of the amendments made by sub-paragraphs (2) and (3), |
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omit paragraph 12 of Schedule 3 to the National Health Service Reform and |
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Health Care Professions Act 2002, and the cross-heading which precedes it. |
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4 | In section 17D (persons with whom agreements under section 17C may be |
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made), in subsection (2), in paragraph (b) of the definition of “NHS |
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(a) | in sub-paragraph (ii) omit “a Primary Care Trust or”, |
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(b) | in sub-paragraph (iii)— |
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(i) | after “NHS trust” insert “within the meaning of the National |
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Health Service Act (Wales) 2006”, and |
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(c) | omit the words from “and in this paragraph” to the end. |
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National Health Service Act 2006 (c. 41) |
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5 | The National Health Service Act 2006 is amended as follows. |
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6 | In section 9 (NHS contracts), in subsection (4)— |
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(a) | after paragraph (f) insert— |
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“(fa) | a Special Health Board constituted under that |
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(b) | after paragraph (n) insert— |
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“(na) | the Scottish Ministers, |
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(nb) | Healthcare Improvement Scotland,”. |
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7 | After section 10 (provision about NHS contracts entered into by a body in |
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Northern Ireland) insert— |
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“10A | Provision for bodies in Scotland |
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(1) | Subsection (2) applies where the Scottish Ministers are, or a body |
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mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 9(4) is, a |
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party or prospective party to an arrangement or proposed |
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(a) | falls within the definition of NHS contract in section 9(1), and |
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(b) | also falls within the definition of NHS contract in section 17A |
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of the National Health Service (Scotland) Act 1978. |
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(2) | Subsections (5) to (13) of section 9 apply in relation to the |
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arrangement or proposed arrangement with the substitution for |
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references to the Secretary of State of references to the Secretary of |
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State and the Scottish Ministers acting jointly.” |
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8 (1) | In section 66 (intervention orders), for subsection (1) substitute— |
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“(1) | This section applies to— |
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(b) | Special Health Authorities.” |
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(2) | Until the commencement of section 29 of this Act, subsection (1) of section |
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66 of the National Health Service Act 2006 has effect as if it included a |
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reference to Primary Care Trusts. |
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9 (1) | Section 67 (effect of intervention orders) is amended as follows. |
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(a) | in paragraph (a) omit “or Local Health Board, or a member of the |
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board of directors of an NHS trust”, and |
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(i) | omit “or Local Health Board,” and |
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(ii) | in that paragraph omit “, or an executive director of an NHS |
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(3) | In subsection (7)(a) omit “(or in the case of an NHS trust to the membership |
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of its board of directors)”. |
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10 (1) | In section 68 (default powers), for subsection (1) substitute— |
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“(1) | This section applies to— |
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(a) | NHS trusts established under section 25, and |
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(b) | Special Health Authorities.” |
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(2) | Until the commencement of section 29 of this Act, subsection (1) of section |
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68 of the National Health Service Act 2006 has effect as if it included a |
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reference to Primary Care Trusts. |
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11 | In section 78 (directed partnership arrangements), in subsection (3)— |
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(a) | in paragraph (c) after “NHS trusts” insert “established under section |
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National Health Service (Wales) Act 2006 (c. 42) |
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12 | The National Health Service (Wales) Act 2006 is amended as follows. |
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13 | In section 7 (NHS contracts), in subsection (4)— |
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(c) | before paragraph (c) insert— |
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“(ba) | the National Health Service Commissioning Board, |
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(bb) | a commissioning consortium,”, |
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(d) | after paragraph (f) insert— |
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“(fa) | a Special Health Board constituted under that |
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(e) | omit paragraph (j), and |
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(f) | after paragraph (n) insert— |
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“(na) | the Scottish Ministers, |
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(nb) | Healthcare Improvement Scotland,”. |
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14 | After section 8 insert— |
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“8A | Provision for bodies in Scotland |
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(1) | Subsection (2) applies where the Scottish Ministers are, or a body |
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mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 7(4) is, a |
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party or prospective party to an arrangement or proposed |
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(a) | falls within the definition of NHS contract in section 7(1), and |
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(b) | also falls within the definition of NHS contract in section 17A |
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of the National Health Service (Scotland) Act 1978. |
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(2) | Subsections (5) to (13) of section 7 apply in relation to the |
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arrangement or proposed arrangement with the substitution for |
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references to the Welsh Ministers of references to the Welsh |
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Ministers and the Scottish Ministers acting jointly.” |
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15 | In section 10 (Welsh Ministers’ arrangements with other bodies), in |
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subsection (4) omit paragraph (b). |
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16 | In section 13 (exercise of Local Health Board functions), in subsection (3)— |
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(a) | omit paragraph (a), and |
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(b) | before paragraph (b) insert— |
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“(aa) | the National Health Service Commissioning Board, |
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(ab) | commissioning consortia,”. |
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17 | In section 17 (plans for improving health etc), in subsection (6)— |
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(i) | after “between” insert “the National Health Service |
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Commissioning Board, commissioning consortia,”, |
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(ii) | omit “Strategic Health Authorities,”, |
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(iii) | omit “Primary Care Trusts,”, and |
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(iv) | for “section 24 of the National Health Service Act 2006 (c. 41)” |
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substitute “the preparation of joint health and wellbeing |
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strategies under section 116A of the Local Government and |
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Public Involvement in Health Act 2007”, and |
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(i) | after “provision by” insert “the National Health Service |
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Commissioning Board, commissioning consortia,”, |
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(ii) | omit “Strategic Health Authorities,”, |
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(iii) | omit “Primary Care Trusts”, and |
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(iv) | for “section 24 of the National Health Service Act 2006 (c. 41)” |
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substitute “joint health and wellbeing strategies under |
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section 116A of the Local Government and Public |
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Involvement in Health Act 2007”. |
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18 | In section 22 (special health authorities), omit subsection (6). |
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19 | In section 26 (intervention orders), in subsection (1) after “other than” insert |
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“the National Health Service Commissioning Board, commissioning |
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20 | In section 27 (effect of intervention orders), in subsection (1)— |
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(a) | omit “Strategic Health Authority,” in each place it occurs, and |
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(b) | omit “Primary Care Trust,” in each place it occurs. |
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21 | In section 28 (default powers), in subsection (1) after “other than” insert “the |
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National Health Service Commissioning Board, commissioning consortia |
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22 | In section 34 (power of local authorities to make payments), in subsection |
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(a) | after “payments to” insert “the National Health Service |
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Commissioning Board, a commissioning consortium”, |
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(b) | omit “a Strategic Health Authority,”, and |
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(c) | omit “a Primary Care Trust”. |
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23 | In section 36 (directed partnership arrangements), in subsection (3)— |
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(a) | omit paragraph (a), and |
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24 (1) | Section 38 (supply of goods and services by the Welsh Ministers) is amended |
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(a) | in paragraph (a) omit “or by a Primary Care Trust”, and |
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(b) | in paragraph (b) omit “, a Primary Care Trust”. |
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(3) | In subsection (6) omit “, a Primary Care Trust” in each place it occurs. |
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(4) | In subsection (7), in paragraph (d) omit “, Primary Care Trusts”. |
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25 | In section 39 (conditions of supply under section 38), in subsection (3), omit |
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26 | In section 41 (duty to provide primary medical services), in subsection (4)— |
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(a) | after “other Local Health Board” insert “and the National Health |
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Service Commissioning Board”, and |
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(b) | omit “and each Primary Care Trust”. |
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27 (1) | Section 51 (persons with whom agreements for provision of primary |
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medical services may be made) is amended as follows. |
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(2) | In subsection (1)(g), omit “Primary Care Trust or”. |
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(3) | In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit |
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28 | In section 56 (primary dental services), in subsection (4)— |
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(a) | after “other Local Health Board” insert “and the National Health |
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Service Commissioning Board”, and |
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(b) | omit “and each Primary Care Trust”. |
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29 (1) | Section 65 (persons with whom agreements for provision of primary dental |
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services may be made) is amended as follows. |
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(2) | In subsection (1)(g), omit “Primary Care Trust or”. |
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(3) | In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit |
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30 | In section 106 (provision about regulations under section 105), in subsection |
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(a) | omit paragraph (e), and |
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(b) | after paragraph (e) insert— |
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“(f) | a list corresponding to a list mentioned in any of |
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paragraphs (a) to (d) prepared by the National Health |
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Service Commissioning Board under or by virtue of |
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the National Health Service Act 2006,” |
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31 (1) | Section 115 (national disqualification) is amended as follows. |
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(b) | after that paragraph insert— |
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“(f) | the lists corresponding to the lists mentioned in |
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paragraphs (a) to (d) prepared by the National Health |
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Service Commissioning Board under or by virtue of |
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the National Health Service Act 2006,” |
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(c) | after “such lists prepared by each Local Health Board” insert “and |
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the National Health Service Commissioning Board”, and |
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(d) | omit “and each Primary Care Trust”. |
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(i) | omit “or Primary Care Trust”, and |
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(ii) | before “may include” insert “or the National Health Service |
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Commissioning Board”, and |
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(i) | omit “and each Primary Care Trust”, and |
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(ii) | after “included” insert “, and the National Health Service |
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32 | In section 131 (payment of travelling expenses), in paragraph (c) omit “, and, |
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in such cases as may be prescribed, to a Primary Care Trust,”. |
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33 | In section 144 (persons and bodies about which provision is made), in |
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subsection (2) for “section 22(6)” substitute “section 206(1)”. |
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34 | In section 161 (transfers of trust property), in subsection (2)(c)— |
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(a) | after “for” insert “the National Health Service Commissioning Board |
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or a commissioning consortium,”, and |
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(b) | omit “a Primary Care Trust,” |
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35 (1) | Section 162 (transfer of functions and property to or from special trustees) is |
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(a) | after the first “by” insert “the National Health Service |
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Commissioning Board, a commissioning consortium,”, and |
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(b) | omit “a Primary Care Trust,”. |
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(3) | In subsection (3)(a)— |
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(a) | after “for” insert “the National Health Service Commissioning Board |
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or a commissioning consortium”, and |
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(b) | omit “a Primary Care Trust,”. |
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36 | In section 181 (payment for medical examination before application for |
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admission to hospital under the Mental Health Act), in subsection (2)(b)— |
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(a) | omit “a Primary Care Trust,”, and |
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(b) | before “NHS trust” insert “an”. |
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37 | In section 197 (university clinical teaching and research), in subsection |
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(a) | after “exercisable by” insert “the National Health Service |
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(b) | after “a” insert “commissioning consortium,”, |
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(c) | omit “a Strategic Health Authority,”, and |
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(d) | omit “Primary Care Trust,”. |
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38 (1) | In section 206 (interpretation), in subsection (1)— |
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(a) | before the definition of “dental practitioner” insert— |
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““commissioning consortium” means a body |
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established under section 14D of the National Health |
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(b) | after the definition of “modifications” insert— |
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(a) | a Special Health Authority, |
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(c) | an NHS foundation trust, |
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(d) | a Local Health Board, |
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(e) | the National Health Service Commissioning |
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(f) | a commissioning consortium.” |
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(c) | omit the definition of “Primary Care Trust”, and |
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(d) | omit the definition of “Strategic Health Authority”. |
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