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 22 — Amendments relating to relationships between the health services
400

      (2)
Until the commencement of section 29 of this Act, the definition of “NHS
body” in section 206(1) of the National Health Service (Wales) Act 2006 has
effect as if it included a reference to a Primary Care Trust.
39
In Schedule 2 (Local Health Boards), in paragraph 9—
(a)
omit “Strategic Health Authorities and”,
5
(b)
omit “under paragraph 7(8) of Schedule 2 to the National Health
Service Act 2006 (c. 41) and”, and
(c)
for “that Act” substitute “the National Health Service Act 2006”.
40    (1)
Schedule 3 (NHS trusts) is amended as follows.
      (2)
In paragraph 5(1)(f) omit “Primary Care Trust,”.
10
      (3)
In paragraph 6—
(a)
omit “Strategic Health Authority,” in each place it occurs, and
(b)
omit “, Primary Care Trust” in each place it occurs.
      (4)
In paragraph 7, in sub-paragraph (3) omit “Strategic Health Authority”.
      (5)
In paragraph 8 omit “, Primary Care Trust” in each place it occurs.
15
      (6)
In paragraph 9—
(a)
in sub-paragraph (1)—
(i)
omit “a Strategic Health Authority,”, and
(ii)
omit “a Primary Care Trust,”,
(b)
in sub-paragraph (3)—
20
(i)
omit “Strategic Health Authority,”, and
(ii)
omit “Primary Care Trust,”,
(c)
in sub-paragraph (6)—
(i)
omit “a Strategic Health Authority,”, and
(ii)
omit “a Primary Care Trust,”, and
25
(d)
in sub-paragraph (7)—
(i)
omit “Strategic Health Authority,” in each place it occurs,
(ii)
omit “or belong to a Primary Care Trust”, and
(iii)
omit “Primary Care Trust,”.
      (7)
In paragraph 18—
30
(a)
omit “Strategic Health Authority,”, and
(b)
omit “Primary Care Trust,”.
      (8)
In paragraph 30—
(a)
omit “Strategic Health Authority,”, and
(b)
omit “Primary Care Trust,”.
35
41    (1)
Schedule 5 (Special Health Authorities) is amended as follows.
      (2)
In paragraph 3—
(a)
in sub-paragraph (8)—
(i)
omit “or to a Strategic Health Authority”, and
(ii)
omit “, a Strategic Health Authority”, and
40
(b)
in sub-paragraph (12)—
(i)
in paragraph (a) omit “or of a Strategic Health Authority”,
and

Health and Social Care Bill
Schedule 22 — Amendments relating to relationships between the health services
401

(ii)
in paragraph (b) omit “or by a Strategic Health Authority”.
      (3)
In paragraph 13, for “a Strategic Health Authority” substitute “the National
Health Service Commissioning Board”.
42    (1)
Schedule 10 (further provision about Community Health Councils) is
amended as follows.
5
      (2)
In paragraph 2—
(a)
omit “, Strategic Health Authorities” in each place it occurs, and
(b)
omit “, Primary Care Trusts” in each place it occurs.
      (3)
In paragraph 3—
(a)
omit paragraph (b), and
10
(b)
omit paragraph (c).
Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))
43    (1)
Article 8 of the Health and Personal Social Services (Northern Ireland) Order
1991 (health and social services contracts) is amended as follows.
      (2)
In paragraph (2)—
15
(a)
in sub-paragraph (h) after paragraph (i) insert—
“(ia)
Special Health Boards;”,
(b)
after sub-paragraph (h) insert—
“(ha)
Healthcare Improvement Scotland,”,
(c)
in sub-paragraph (g)—
20
(i)
omit paragraph (i),
(ii)
omit paragraph (ii), and
(iii)
omit paragraph (iii),
(d)
after that sub-paragraph insert—
“(ga)
the National Health Service Commissioning Board;
25
(gb)
commissioning consortia established under section
14D of the National Health Service Act 2006;
(gc)
Special Health Authorities established under section
28 of that Act;
(gd)
Special Health Authorities established under section
30
22 of the National Health Service (Wales) Act 2006;
(ge)
Local Health Boards established under section 11 of
that Act;
(gf)
NHS trusts established under section 18 of that Act;”,
and
35
(e)
after sub-paragraph (i) insert—
“(ia)
the National Institute for Health and Care Excellence;
(ib)
the Health and Social Care Information Centre;”.
      (3)
In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub-
paragraphs (g) to (gf), (h), (ha), (ia), (ib) and (j) of paragraph (2)”.
40

Health and Social Care Bill
Schedule 23 — Property transfer schemes
402

Schedule 23
Section 292(2)

Property transfer schemes

Transferor
Permitted transferees

A Primary Care Trust
The Secretary of State

The National Health Service

5

Commissioning Board

A commissioning consortium

A local authority

The Care Quality Commission

Monitor

10

A Special Health Authority

Any public authority which provides

services as part of the health service in

England

Any other person who provides

15

services as part of the health service in

England and consents to the transfer

A qualifying company

Any person with whom the Secretary of

State has made, or has decided to make,

20

an agreement under section 12ZA(1) of

the Mental Health Act 1983

A Strategic Health Authority
The Secretary of State

The National Health Service

Commissioning Board

25

A commissioning consortium

A local authority

The Care Quality Commission

Monitor

A Special Health Authority

30

Any public authority which provides

services as part of the health service in

England

Any other person who provides

services as part of the health service in

35

England and consents to the transfer

Health and Social Care Bill
Schedule 23 — Property transfer schemes
403

Transferor
Permitted transferees

A qualifying company

Any person with whom the Secretary of

State has made, or has decided to make,

an agreement under section 12ZA(1) of

5

the Mental Health Act 1983

The Special Health Authority known as
The National Institute for Health and

the National Institute for Health and
Care Excellence (established under

Clinical Excellence
section 229)

The Special Health Authority known as
The Health and Social Care Information

10

the Health and Social Care Information
Centre (established under section 249)

Centre

The Special Health Authority known as
The National Health Service

the National Health Service Institute for
Commissioning Board

Innovation and Improvement

15

The Special Health Authority known as
The National Health Service

the National Patient Safety Agency
Commissioning Board

The Health and Social Care Information

Centre (established under section 249)

The Appointments Commission
A Minister of the Crown

20

A Special Health Authority

The General Social Care Council
The Secretary of State

The Health and Care Professions

Council

A person authorised by the Secretary of

25

State under subsection (5)(b) of section

67 of the Care Standards Act 2000 to

exercise functions of the Secretary of

State under that section

Any other person who carries on

30

activities in connection with social work

or social care work

The Health Protection Agency
The Secretary of State

The Secretary of State
The National Health Service

Commissioning Board

35