Health and Social Care Bill

Session 2010 - 11
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Health and Social Care Bill

Health and Social Care Bill
Schedule 22 — Amendments relating to relationships between the health services
393

Schedule 22
Section 289

Amendments relating to relationships between the health services
National Health Service (Scotland) Act 1978 (c. 29)
1
The National Health Service (Scotland) Act 1978 is amended as follows.
2     (1)
Section 17A (NHS contracts) is amended as follows.
5
      (2)
In subsection (1), in paragraph (b) for “(q)” substitute “(s)”.
      (3)
In subsection (2)—
(a)
after paragraph (c) insert —
“(ca)
the Scottish Ministers;”,
(b)
for paragraph (f) substitute—
10
“(f)
Local Health Boards established under section 11 of
the National Health Service (Wales) Act 2006;”,
(c)
for paragraph (ff) substitute—
“(fa)
Special Health Authorities established under section
28 of the National Health Service Act 2006;
15
(fb)
Special Health Authorities established under section
22 of the National Health Service (Wales) Act 2006;”,
(d)
omit paragraph (h),
(e)
before paragraph (k) insert—
“(ja)
the National Health Service Commissioning Board;
20
(jb)
commissioning consortia established under section
14D of the National Health Service Act 2006;”,
(f)
in paragraph (k), for “section 5 of the National Health Service and
Community Care Act 1990” substitute “section 18 of the National
Health Service (Wales) Act 2006”,
25
(g)
omit paragraph (ka),
(h)
after paragraph (m) insert—
“(ma)
the Welsh Ministers;”,
(i)
after paragraph (p) omit the “and,”,
(j)
after paragraph (q) insert—
30
“(r)
the National Institute for Health and Care Excellence;
and
(s)
the Health and Social Care Information Centre,”
      (4)
After subsection (10) insert—
“(11)
Subsection (12) applies where the Secretary of State or a body
35
mentioned in subsection (2)(fa), (ja), (jb), (r) or (s) is a party or
prospective party to an arrangement or proposed arrangement
which—
(a)
falls within subsection (1); and
(b)
also falls within the definition of NHS contract in section 9 of
40
the National Health Service Act 2006.
(12)
Subsections (4) to (9) shall apply in relation to that arrangement or
proposed arrangement (except in so far as it relates to reserved
matters within the meaning of the Scotland Act 1998) with the

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Schedule 22 — Amendments relating to relationships between the health services
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substitution for references to the Secretary of State of references to
the Scottish Ministers and the Secretary of State acting jointly.
(13)
Subsection (14) applies where the Welsh Ministers are, or a body
mentioned in subsection (2)(f), (fb), or (k) is, a party or prospective
party to an arrangement or proposed arrangement which—
5
(a)
falls within subsection (1); and
(b)
also falls within the definition of NHS contract in section 7 of
the National Health Service (Wales) Act 2006.
(14)
Subsections (4) to (9) shall apply in relation to that arrangement or
proposed arrangement with the substitution for references to the
10
Secretary of State—
(a)
in so far as the arrangement or proposed arrangement relates
to reserved matters within the meaning of the Scotland Act
1998, of references to the Secretary of State and the Welsh
Ministers acting jointly; and
15
(b)
for all other purposes, of references to the Scottish Ministers
and Welsh Ministers acting jointly.”
3     (1)
Section 17C (personal medical or dental services) is amended as follows.
      (2)
In subsection (5)—
(a)
in paragraph (a), for the words from “the Board by” to the end
20
substitute “the Board by a Local Health Board”, and
(b)
in paragraph (b), for the words from “exercisable by” to “the
Authority” substitute “exercisable by a Local Health Board in
relation to an agreement made under section 50 of the National
Health Service (Wales) Act 2006 to be exercisable on behalf of the
25
Local Health Board”.
      (3)
In subsection (6), for the first definition substitute—
““Local Health Board” means a Local Health Board established
under section 11 of the National Health Service (Wales) Act
2006;”.
30
      (4)
In consequence of the amendments made by sub-paragraphs (2) and (3),
omit paragraph 12 of Schedule 3 to the National Health Service Reform and
Health Care Professions Act 2002, and the cross-heading which precedes it.
4
In section 17D (persons with whom agreements under section 17C may be
made), in subsection (2), in paragraph (b) of the definition of “NHS
35
employee”—
(a)
in sub-paragraph (ii) omit “a Primary Care Trust or”,
(b)
in sub-paragraph (iii)—
(i)
after “NHS trust” insert “within the meaning of the National
Health Service Act (Wales) 2006”, and
40
(c)
omit the words from “and in this paragraph” to the end.
National Health Service Act 2006 (c. 41)
5
The National Health Service Act 2006 is amended as follows.
6
In section 9 (NHS contracts), in subsection (4)—

Health and Social Care Bill
Schedule 22 — Amendments relating to relationships between the health services
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(a)
after paragraph (f) insert—
“(fa)
a Special Health Board constituted under that
section,”, and
(b)
after paragraph (n) insert—
“(na)
the Scottish Ministers,
5
(nb)
Healthcare Improvement Scotland,”.
7
After section 10 (provision about NHS contracts entered into by a body in
Northern Ireland) insert—
“10A
Provision for bodies in Scotland
(1)
Subsection (2) applies where the Scottish Ministers are, or a body
10
mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 9(4) is, a
party or prospective party to an arrangement or proposed
arrangement which—
(a)
falls within the definition of NHS contract in section 9(1), and
(b)
also falls within the definition of NHS contract in section 17A
15
of the National Health Service (Scotland) Act 1978.
(2)
Subsections (5) to (13) of section 9 apply in relation to the
arrangement or proposed arrangement with the substitution for
references to the Secretary of State of references to the Secretary of
State and the Scottish Ministers acting jointly.”
20
8     (1)
In section 66 (intervention orders), for subsection (1) substitute—
“(1)
This section applies to—
(a)
NHS trusts, and
(b)
Special Health Authorities.”
      (2)
Until the commencement of section 29 of this Act, subsection (1) of section
25
66 of the National Health Service Act 2006 has effect as if it included a
reference to Primary Care Trusts.
9     (1)
Section 67 (effect of intervention orders) is amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a) omit “or Local Health Board, or a member of the
30
board of directors of an NHS trust”, and
(b)
in paragraph (b)—
(i)
omit “or Local Health Board,” and
(ii)
in that paragraph omit “, or an executive director of an NHS
trust”.
35
      (3)
In subsection (7)(a) omit “(or in the case of an NHS trust to the membership
of its board of directors)”.
10    (1)
In section 68 (default powers), for subsection (1) substitute—
“(1)
This section applies to—
(a)
NHS trusts established under section 25, and
40
(b)
Special Health Authorities.”
      (2)
Until the commencement of section 29 of this Act, subsection (1) of section
68 of the National Health Service Act 2006 has effect as if it included a
reference to Primary Care Trusts.

Health and Social Care Bill
Schedule 22 — Amendments relating to relationships between the health services
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11
In section 78 (directed partnership arrangements), in subsection (3)—
(a)
in paragraph (c) after “NHS trusts” insert “established under section
25”, and
(b)
omit paragraph (d).
National Health Service (Wales) Act 2006 (c. 42)
5
12
The National Health Service (Wales) Act 2006 is amended as follows.
13
In section 7 (NHS contracts), in subsection (4)—
(a)
omit paragraph (a),
(b)
omit paragraph (b),
(c)
before paragraph (c) insert—
10
“(ba)
the National Health Service Commissioning Board,
(bb)
a commissioning consortium,”,
(d)
after paragraph (f) insert—
“(fa)
a Special Health Board constituted under that
section,”,
15
(e)
omit paragraph (j), and
(f)
after paragraph (n) insert—
“(na)
the Scottish Ministers,
(nb)
Healthcare Improvement Scotland,”.
14
After section 8 insert—
20
“8A
Provision for bodies in Scotland
(1)
Subsection (2) applies where the Scottish Ministers are, or a body
mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 7(4) is, a
party or prospective party to an arrangement or proposed
arrangement which—
25
(a)
falls within the definition of NHS contract in section 7(1), and
(b)
also falls within the definition of NHS contract in section 17A
of the National Health Service (Scotland) Act 1978.
(2)
Subsections (5) to (13) of section 7 apply in relation to the
arrangement or proposed arrangement with the substitution for
30
references to the Welsh Ministers of references to the Welsh
Ministers and the Scottish Ministers acting jointly.”
15
In section 10 (Welsh Ministers’ arrangements with other bodies), in
subsection (4) omit paragraph (b).
16
In section 13 (exercise of Local Health Board functions), in subsection (3)—
35
(a)
omit paragraph (a), and
(b)
before paragraph (b) insert—
“(aa)
the National Health Service Commissioning Board,
(ab)
commissioning consortia,”.
17
In section 17 (plans for improving health etc), in subsection (6)—
40
(a)
in paragraph (g)—
(i)
after “between” insert “the National Health Service
Commissioning Board, commissioning consortia,”,
(ii)
omit “Strategic Health Authorities,”,

Health and Social Care Bill
Schedule 22 — Amendments relating to relationships between the health services
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(iii)
omit “Primary Care Trusts,”, and
(iv)
for “section 24 of the National Health Service Act 2006 (c. 41)”
substitute “the preparation of joint health and wellbeing
strategies under section 116A of the Local Government and
Public Involvement in Health Act 2007”, and
5
(b)
in paragraph (h)—
(i)
after “provision by” insert “the National Health Service
Commissioning Board, commissioning consortia,”,
(ii)
omit “Strategic Health Authorities,”,
(iii)
omit “Primary Care Trusts”, and
10
(iv)
for “section 24 of the National Health Service Act 2006 (c. 41)”
substitute “joint health and wellbeing strategies under
section 116A of the Local Government and Public
Involvement in Health Act 2007”.
18
In section 22 (special health authorities), omit subsection (6).
15
19
In section 26 (intervention orders), in subsection (1) after “other than” insert
“the National Health Service Commissioning Board, commissioning
consortia and”.
20
In section 27 (effect of intervention orders), in subsection (1)—
(a)
omit “Strategic Health Authority,” in each place it occurs, and
20
(b)
omit “Primary Care Trust,” in each place it occurs.
21
In section 28 (default powers), in subsection (1) after “other than” insert “the
National Health Service Commissioning Board, commissioning consortia
and”.
22
In section 34 (power of local authorities to make payments), in subsection
25
(1)—
(a)
after “payments to” insert “the National Health Service
Commissioning Board, a commissioning consortium”,
(b)
omit “a Strategic Health Authority,”, and
(c)
omit “a Primary Care Trust”.
30
23
In section 36 (directed partnership arrangements), in subsection (3)—
(a)
omit paragraph (a), and
(b)
omit paragraph (b).
24    (1)
Section 38 (supply of goods and services by the Welsh Ministers) is amended
as follows.
35
      (2)
In subsection (3)—
(a)
in paragraph (a) omit “or by a Primary Care Trust”, and
(b)
in paragraph (b) omit “, a Primary Care Trust”.
      (3)
In subsection (6) omit “, a Primary Care Trust” in each place it occurs.
      (4)
In subsection (7), in paragraph (d) omit “, Primary Care Trusts”.
40
25
In section 39 (conditions of supply under section 38), in subsection (3), omit
“Primary Care Trusts,”.
26
In section 41 (duty to provide primary medical services), in subsection (4)—

Health and Social Care Bill
Schedule 22 — Amendments relating to relationships between the health services
398

(a)
after “other Local Health Board” insert “and the National Health
Service Commissioning Board”, and
(b)
omit “and each Primary Care Trust”.
27    (1)
Section 51 (persons with whom agreements for provision of primary
medical services may be made) is amended as follows.
5
      (2)
In subsection (1)(g), omit “Primary Care Trust or”.
      (3)
In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit
“Primary Care Trust or”.
28
In section 56 (primary dental services), in subsection (4)—
(a)
after “other Local Health Board” insert “and the National Health
10
Service Commissioning Board”, and
(b)
omit “and each Primary Care Trust”.
29    (1)
Section 65 (persons with whom agreements for provision of primary dental
services may be made) is amended as follows.
      (2)
In subsection (1)(g), omit “Primary Care Trust or”.
15
      (3)
In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit
“Primary Care Trust or”.
30
In section 106 (provision about regulations under section 105), in subsection
(2)—
(a)
omit paragraph (e), and
20
(b)
after paragraph (e) insert—
“(f)
a list corresponding to a list mentioned in any of
paragraphs (a) to (d) prepared by the National Health
Service Commissioning Board under or by virtue of
the National Health Service Act 2006,”
25
31    (1)
Section 115 (national disqualification) is amended as follows.
      (2)
In subsection (1)—
(a)
omit paragraph (e),
(b)
after that paragraph insert—
“(f)
the lists corresponding to the lists mentioned in
30
paragraphs (a) to (d) prepared by the National Health
Service Commissioning Board under or by virtue of
the National Health Service Act 2006,”
(c)
after “such lists prepared by each Local Health Board” insert “and
the National Health Service Commissioning Board”, and
35
(d)
omit “and each Primary Care Trust”.
      (3)
In subsection (6)—
(a)
in paragraph (a)—
(i)
omit “or Primary Care Trust”, and
(ii)
before “may include” insert “or the National Health Service
40
Commissioning Board”, and
(b)
in paragraph (b)—
(i)
omit “and each Primary Care Trust”, and
(ii)
after “included” insert “, and the National Health Service
Commissioning Board,”.
45

Health and Social Care Bill
Schedule 22 — Amendments relating to relationships between the health services
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32
In section 131 (payment of travelling expenses), in paragraph (c) omit “, and,
in such cases as may be prescribed, to a Primary Care Trust,”.
33
In section 144 (persons and bodies about which provision is made), in
subsection (2) for “section 22(6)” substitute “section 206(1)”.
34
In section 161 (transfers of trust property), in subsection (2)(c)—
5
(a)
after “for” insert “the National Health Service Commissioning Board
or a commissioning consortium,”, and
(b)
omit “a Primary Care Trust,”
35    (1)
Section 162 (transfer of functions and property to or from special trustees) is
amended as follows.
10
      (2)
In subsection (1)—
(a)
after the first “by” insert “the National Health Service
Commissioning Board, a commissioning consortium,”, and
(b)
omit “a Primary Care Trust,”.
      (3)
In subsection (3)(a)—
15
(a)
after “for” insert “the National Health Service Commissioning Board
or a commissioning consortium”, and
(b)
omit “a Primary Care Trust,”.
36
In section 181 (payment for medical examination before application for
admission to hospital under the Mental Health Act), in subsection (2)(b)—
20
(a)
omit “a Primary Care Trust,”, and
(b)
before “NHS trust” insert “an”.
37
In section 197 (university clinical teaching and research), in subsection
(2)(a)—
(a)
after “exercisable by” insert “the National Health Service
25
Commissioning Board,”,
(b)
after “a” insert “commissioning consortium,”,
(c)
omit “a Strategic Health Authority,”, and
(d)
omit “Primary Care Trust,”.
38    (1)
In section 206 (interpretation), in subsection (1)—
30
(a)
before the definition of “dental practitioner” insert—
““commissioning consortium” means a body
established under section 14D of the National Health
Service Act 2006,”,
(b)
after the definition of “modifications” insert—
35
““NHS body” means—
(a)
a Special Health Authority,
(b)
an NHS trust,
(c)
an NHS foundation trust,
(d)
a Local Health Board,
40
(e)
the National Health Service Commissioning
Board, and
(f)
a commissioning consortium.”
(c)
omit the definition of “Primary Care Trust”, and
(d)
omit the definition of “Strategic Health Authority”.
45